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<br /> ' o' ,8307 i' 305 ,
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<br /> 2. This grant is made subject and subordinate to the prior and continuing right and obligation of
<br />Railroad, its successors and assigns, to use all the property described herein in the performance of its duW
<br />as a common carrier and for that purpose there is reserved unto Railroad, its successors and assigns, the right
<br />(consistent with the rights herein granted) to construct, reconstruct, maintain and use existing and future
<br />railroad tracks, facilities and appurtenances and existing and future transportation, communication and
<br />pipe line facilities and appurtenances in, upon, over, under, across or along said property.
<br />
<br /> 3. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants,
<br />encumbrances, liens and claims of title which may affect said property and the word GRANT as used herein
<br />shall not be construed as a covenant against the existence of any thereof.
<br />
<br /> 4. The rights herein granted to Grantee shall elapse and become void if the construction or recon-
<br />struction of said highway upon said property is not commenced within one (I) year from the date first herein
<br />written.
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<br /> 5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install
<br />or the power to authorize the installation of any ditches, pipes, drains, sewer or underground structures, or
<br />the facilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said
<br />property.
<br />
<br /> 6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct,
<br />maintain and use said highway upon said property from the governmental body or bodies having jurisdiction
<br />thereover.
<br />
<br /> 7. Except as herein otherwise provided, Grantee shall bear the entire cost and expense of constructing,
<br /> reconstructing and maintaining said highway upon said property. The crossing of said highway over any
<br /> tracks of Railroad shall be constructed and maintained at the grade of said tracks now or hereafter existing.
<br /> After the construction or reconstruction of said highway has been completed, Railroad shall maintain the
<br /> portion of said highway between lines two (2) feet outside the rails of each track located thereon.
<br />
<br /> 8. Grantee agrees to reimburse Railroad for any and ail assessments which may be levied by order of
<br /> any authorized lawful body against the property of Railroad (and which may have been paid by Railroad)
<br /> to defray any part of the cost or expense !ncurred in connection with the construction or reconstruction of said
<br />
<br />STATE or california, ~O01~,JU ~ ?)v,d'iJ
<br />City and County of San ~ [ ss.
<br />On~ ~ ~yo, ~ int~y,rO~T~andNineHun~andFifty~
<br />be[o~ me, MI~ J. PUIZINA, a N~ ~blic in ~ t~ City and Cou~y of ~n ~i~o, S~ of C~ifomia, personify append
<br /> J. W. Cor~tt ~d T. F. Ryan, known ~ ~ ~ be t~ Vi~ ~dent and ~tant
<br />
<br />(65 Market St.
<br /> Secretary, respectively, of Southern Pacific Company, and T. F. Ryan and Cha~. E.
<br /> Eagan, Jr., known to me to be the Vice President and Assistant Secretary, respectively,
<br /> of Central Pacific Railway Company, the corporations described in and that executed
<br /> the within instrument, and also known to me to be the persons who executed it on behalf
<br /> of the corporations therein named and they acknowledged to me that such corporations
<br /> executed the same.
<br />
<br /> IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
<br /> seal at my office in the City and County of San Francisco, the day and year in this certi.
<br /> ficate first ed~ove written.
<br />
<br />Corporation
<br />
<br />~~Francisco, State of California.
<br />
<br />My Comm~ion Expiree July 28, 1959.
<br />
<br />known to me to be the person..~, described in and whose name...O...~.......subscribed to the
<br />within instrument, ~l*~l~ of Eas®~n~
<br />
<br />ana.....tb.*.J/'.aeknowl*d~ed to m~ mat.~.h~..~.exzent~a fha same .........................................................
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