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APPROV(D AS TO FORM 8Y GENERAl, COUNSEL C.S 7362
<br /> MARCH |5. 1973
<br /> !R.E:~IS: BO-67.73-X( )'
<br />
<br /> STREET OR HIGHWAY EASEMENT
<br />
<br /> ].h .ture. =,de day of . . bet,,-.n
<br />
<br /> SOUT~ PACIFIC T~SPORTATION CO~, herein c~l~ "~firoad", and
<br /> a Delaware corporation,
<br />
<br /> CITY OF P~AS~TON, a municipal cor~ration of the State of .California,
<br /> ~]'ein c~]~ "Grants";
<br />
<br /> 1. That Railroad hereby grants to Grantee the right to construct, reconstruct. maintain and use a street or highway.
<br /> hereinafter termed "highway", upon and across the real property described on the attached Exhibit "A".
<br /> 2. The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and
<br /> twenty (20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and simi-
<br /> lar highway appurtenances may extend above said plans, provided that any such facilities will be removed or rearranged
<br /> within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use of the
<br /> space above said plane.
<br /> 3. This grant is subject and subordinate to the prior right of Railroad, its successors and assigns, to use all the
<br /> perty described in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors and
<br /> assigns, the right to construct, reconstruct, maintain. use and remove existing and future transportation, communication.
<br /> power and pipeline facilities in. upon. over, under, across or along said property. In the event Railroad trackage facilities
<br /> are removed from said property, Railroad shall not be obligated to make any change in the grade of said highway. nor
<br /> shall such removal affect Railroad's tide to the underlying property.
<br /> This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances. liens and
<br /> claims of tide which may affect said property. and the word "grant" shall not be construed as a covenant against the
<br /> existence thereof.
<br /> 4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway is not
<br /> commenced within two (2) years from the date first herein written.
<br />
<br /> 5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to authorize
<br /> the installation of any ditches. pipes. drains, sewer or underground structures, or the facilities of any telegraph. telephone
<br /> or electric power lines in, upon. over, under. across or along said property, except as necessary for maintenance of said
<br /> highway.
<br />
<br /> 6. Grantee shah obtain any necessary governmental authority to construct, reconstruct. maintain and use said highway.
<br /> Any contractor performing work on the property herein described shall execute Railroad's standard form of contractor's
<br /> agreement prior to coramencing any work on Railroad's premises.
<br /> 7. Except as herein otherwise provided. Grantee shall hear the entire expense of constructing, reconstructing and main-
<br /> tanning said highway. The crossing of said highway over any tracks of Railroad shall be constructed and maintained at the
<br /> grade of said tracks now or hereafter existing. After the construction or reconstruction of said highsray has been comVleted.
<br /> Railroad shall maintain the surface of that portion of said highway between lines two (2) feet outside the rails of each track
<br /> located thereon. Should Railroad abandon tracks leading to said highway. Railroad may abandon its rails. ties and appurte-
<br /> nant materials and leave same in place. In such event. Railroad shall not be liable for maintenance of the portion of said
<br /> highway specified above.
<br /> 8. As p'd. rt consideration herefor. Grantee agrees to pay Railroad an amount equal to all assessments levied b>' any
<br />lawful body against the property of Railroad to defray any part of the expense incurred in connection with the cormtruction
<br />or reconstruction of said highway commenced within two (2) years from the date first herein written.
<br /> 9. Should Grantee at any time abandon the use of said property or any pazl: thereof, or fail to use the same ~'o~' said
<br />purpose for a continuous period of one (1) year. the rights granted shall cease to the extent of the use so abandoned
<br />discontinued, and Railroad shall at once have the right. in addition to but not in qualification of the rights hereinabove
<br />served, to resume exclusive possefsion of said proper~y or the part thereof the use of which is so di~ontinued or abandoned.
<br />Upon termination of the rights hereby granted. Grantee agrees to remove said highway. including the paving. Ci'om said
<br />property of Railroad, to restore said propet?.y as nearly as practicable to the same state and condition in which it exisc~i
<br />prior to construction of said highway, and to bear the expense thereof. Should Grantee in such event fail. neglect or refuse
<br />to so remove said highway and restore said proper~y. such removal and restoration may be performed by Railroad at
<br />expense of Grantee. which expense Grantee agrees to pay to Raih-oad upon demand.
<br /> 10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hei'eco.
<br /> 11. Sections 12 to 17, inclusive, on the attacbL~d insert, are hereby made parts of this
<br />
<br /> IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed in duplicate as of the day and
<br />year first herQin written.
<br />
<br />SOUTHERN PACIFIC TRANSPORTATION CITY OF PLEASANTON,
<br /> COMPANY,
<br />
<br />{y By
<br /> Title) (Title)
<br />
<br /> By
<br /> {TItle)
<br />
<br />
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