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BDOH PACB 396
<br /> *HEN RECORDED MAIL To 426 AI REGUJEST
<br /> CITY CLERK, CITY NAIL REQUESTOR
<br /> REDLA14DS, CALIF. 92373
<br /> NO > E 1910 ' G tz! rye Ii
<br /> BOOK 0 PAGE 326
<br /> OFFU61-Q`ZC� )S
<br /> SAN BERIUt Pf') ']CO CALIF
<br /> CQJNtT ilcL[t'rFR~
<br /> 'PROVED AS TO FARM 1AL COUNSEL,
<br /> AUGUST 188,, 1 1986 RAF _ 4/2/69 — VY — 45720/312-1 c.s 7302
<br /> 960
<br /> STREET OR HIGHWAY EASEMENT
<br /> TRANSPORTATION
<br /> -14t,0 Ixt.druturr, ade this /G-Z day of � w��- �'— , 19 1 �r , by and between
<br /> SOUTHERN PACIFIC OMPANY, a corporation
<br /> of the State of e l away e, herein called "Railroad," and
<br /> CITY OF REDLANDS, a municipal corporation
<br /> of the State of California, herein tailed 'Grantee";
<br /> 1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or
<br /> highway, 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
<br /> similar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rear- .
<br /> ranged within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use
<br /> of the space above said plane.
<br /> 3 This grant is subject and subordinate to the prior right of Railroad to use all the property described in the
<br /> performance of its duty as a common carrier, and there is reserved unto Railroad the right to construct, reconstruct,
<br /> maintain, use and remove existing and future, railroad, transportation, communication andipeline facilities and ap-
<br /> purtenances in,upon,over,under, across or along said property. In event tracks are removed from said property, Rail-
<br /> This
<br /> shall not be obligated to make any change in the grade of said highway.
<br /> This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens
<br /> and claims of title which may affect said property, and the word."grant"shall not be construed as a covenant against
<br /> the existence thereof
<br /> The rights herein granted shall lapse and become void if the construction or reconstruction of said highway
<br /> is no commenced within one (1) year from the date first herein written
<br /> 5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to au-
<br /> thorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any tele-
<br /> graph, telephone or electric power lines in, upon, over, under, across or along said property, except as necessary for
<br /> maintenance of said highway
<br /> a6 Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said
<br /> highway Any contractor performing work on the property herein described shall execute Railroad's standard form
<br /> of contractor's agreement prior to commencing any work on Railroad's premises
<br /> 7 Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing
<br /> and maintaining said highway The crossing of said highway over any tracks of Railroad shall be constructed and
<br /> ;maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said
<br /> highway has been completed, Railroad shall maintain the surface of that portion of said highway between lines two
<br /> (2) feet outside the rails of each track located t rp qquld Railroad abandon tracks leading to said highway, Rail-
<br /> road may abandon its rails, ties and appurtenak i'ph&K and leave the same in place. In such event, Railroad shall
<br /> not be liable for maintenance of the portion of said highway specified above
<br /> y g. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by
<br /> any lawful body against the property of Railroad to defray any part of the expense incurred in connection with the
<br /> construction or reconstruction of said highway commenced within one (1) year from the date first herein written
<br /> d 9 Should Grantee at any time abandon the use of said Ly or any part thereof, or fail to use the same for
<br /> said purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so aban-
<br /> doned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualification of, the rights
<br /> hereinabove reserved, to resume exclusive possession of said xJi�. �li , or the part thereof the use of which is so dis-
<br /> continued or abandoned Upon termination of the rights hereby granted, Grantee agrees to remove said highway, in-
<br /> eluding the paving, from said property ofI q(� to restore said property as nearly as practicable to the same state
<br /> and condition in which it existed prior to"tl't� 1il ruction of said highway, and to bear the expense thereof Should
<br /> Grantee in such event fail, neglect or refuse to so remove said highway and restore said property, such removal and
<br /> restoration may be performed by Railroad, at the expense of Grantee,which expense Grantee agrees to pay to Railroad
<br /> upon demand.
<br /> 10. Should Railroad remove or abandon in place all of)t�f i''11 A�'P�at said location and Railroad no longer desires
<br /> to retain interest in said property, Grandee QPQ be requir Ig OfbU' lase Railroad's interest in said property at the
<br /> then fair market value.
<br /> 11. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties
<br /> hereto
<br /> aoux 7460 PAGE �`
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