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c;r C~~~p~~r <br />PRIVATE ROAD CROSSING AGREEMENT <br />THIS AGREEMENT is entered into this day of , 1996, by <br />and between Union Pacific Railroad Company, a Utah corporation ("UP"), and the City of <br />Pleasanton, California, a municipal corporation (the "City") (hereinafter referred to as the <br />"Agreement"). <br />WHEREAS, the City and UP have agreed that the City may enter and use the <br />private crossing over the UP main line track at Mile Post 47.1 (Ni.P. 41.7), where the right <br />of way intersects St. John Street in the City of Pleasanton, California, for the purpose of <br />providing an emergency vehicle access and subject to the procedures set forth below. <br />NOW, THEREFORE, in consideration of the following covenants, terms and <br />conditions, the parties agree as follows: <br />A. UP agrees to grant to the City the right to install an emergency vehicle access <br />crossing over the UP main line track at M.P. 41.7, the location where the right of way <br />intersects St. John Street in the City of Pleasanton, California, as more particularly described <br />in Exhibit A attached hereto and incorporated herein by this reference (the "M.P. 41.7 <br />Emergency Crossing"). The parties agree that the M.P. 41.7 Emergency Crossing is to be <br />strictly private in that it is intended to be for the sole use of the City's emergency vehicles <br />and personnel. <br />B. In lieu of installing active warning devices, the parties agree that the City, at its <br />expense, will install locking gates and build walls, fencing or other appropriate bamcades at <br />both entrances to the M.P. 41.7 Emergency Crossing and construct a surface roadway on UP's <br />right of way. The City will submit to UP for its approval written plans and specifications <br />1 <br />