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<br /> 0.'!:,�:5 L LWA - 4,5805/,3:211 2 - VI - 9'/21/761, -114405
<br /> J 'AL RECORDS
<br /> IR "ORDED N OFFKA
<br /> A
<br /> JAN 17 1977 A,r NI
<br /> NO F'EE DUTBs VV�l-0-
<br /> APPROVED AS TO FORM BY GENERAL COUNS'ELC 5 7362
<br /> MARCH 15,1973
<br /> M lo Post B-5,46.2-X(N)
<br /> STREET OR HIGHWAY EASEMENT
<br /> 04w Inbrnturt, made this (LAY of 19 by and between
<br /> SOUTHEID1 PACI IC T1,.ANS.PORTZ"V110N COMPI`J�'Y a Del.wvare (-,oxporation,
<br /> herein sailed "Railroad-,and
<br /> CY7V OF REDLA.KDS, a mz.inj,e,,,,J.pa1 corpo-rztticwt? O.0 the Stzite of Callf,o)rnia,
<br /> Pc�st 0T.1J.ce 13'ox, 280, Redlands, 92',3'73,
<br /> herein called "Grantee";
<br /> 39tiltrogr24-
<br /> I. 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 right,,, 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 fixture,,; and sari-
<br /> lar highway appurtenances may extend above said plane, provided that any Such facilities will be removed or rearranged
<br /> within thirty (30) days after notification frorn Railroad that such facilities interfere with Railroad's intended use of the
<br /> space above said plane.
<br /> 8.
<br /> , This grant is subject and subordinate to the prior right of Railroad, its successors and assigns, to use all the pro-
<br /> perty described in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors and
<br /> ,ass,ig
<br /> ms, 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 title to the underlying property.
<br /> This grant is subject to all licenses, leases, easements, restrictions,estrictions, conditions, covenants, encumbrances, lions and
<br /> claims of title 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 /> 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 waid property, oxcopt as necessary far maintenance of said
<br /> highway.
<br /> C. Grantee shall 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 /> ag
<br /> reement prior to commencing any work on Railroad's premises.
<br /> 7. E'xcept as herein otherwise provided, Grantee shall hear the entire expense of constructing, reconstructing and main-
<br /> Laming said highway. The,crossing of said highway over any tracks of Railroad shall be constructed anti maintained at the
<br /> grade of said tracks now or hereafter existing.After the construction or reconstruction of said highway has been completed,
<br /> Railroad shall maintain the surface of that portion of said highway between lines Lwo (2) feet outside the rails of each track
<br /> locate.d thereon. Should Railroad abandon tracks leading to said highway, Railroad may al.)andon its rails, ties and appurte-
<br /> rant 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 pact consideration herefor, Grantee agrees to pay�Railroad an amount equal to all assessments levied by any
<br /> lawful body against the property of Railroad to defray any part of the expense incurred in connection with the construction
<br /> or reconstruction of said highway commenced within two(2) year; from the (late first herein written.
<br /> 9. Should Grantee at any time abandon the use of said property or any part thereof, or fail to use the same for said
<br /> purpose for a continuous period of one (1) year, the rights granted Shall cease to the extent of the use so abandoned or:
<br /> discontinued, and Paii1road shall at once have the right, in addition to but, not in qualification of' the rights hereinabove re-
<br /> served,to resurne exclusive possession of said property or the part thereof the use of which is, so discontinued or, abandoned.
<br /> Upon termination of the rights hereby granted, Grantee agrees to rernove said highway, including the paving, from said
<br /> property Of Railroad, to restore said property as nearly as practicable to the same state and condition in which it existed
<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 property, Such removal and restoration may be performed by Railroad at the
<br /> expense of Grantee,which expense.Grantee agrees to pay to Railroad upon demand.
<br /> M This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto.
<br /> 1.1.M Sections 12 1-0 18, J,TlClusive, c)xl 1"Iie ivisert hereto attached, are
<br /> bereb-
<br /> V 1nacle parts of t,bi.s j.,ndetiture.
<br /> IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed in duplicate as of the day and
<br /> year first,herein written.
<br /> SOUT111,3116N PACEFIC Tl.'U-�NSPORTATION CII.— (Ml1AN"'
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<br /> A-t-t e,s t, ATTES
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