Southern Pacific Company - Easement
I
3498193
. "'PROVED AS TO FORM BY GENERAL COUNSEL.
. AUGUST 18. I~
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m4tliltW~nfUr~ f de this
SOUTHERN PACIFIC COMPANY, a corporation of the State of
CITY OF GILROY, a municipal corporation of the State of
RAF - 6/4/68 - 32170/321-2 - V
C.S.7S02
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STREET OR HIGHWAY EASEMENT 91 ""'~tl'\'
~OG" 82
. 19 t. <J> . by and between
11)Y
day of
A\JbtJ~c
Delawar~..JIl d ClRaU d" d
lierem ~e lOa, an
California
herein called ClGrantee";
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. tt1UlIlItt1J:
1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or
highway, hereinafter termed "highway," upon and across the real property described on the attached Exhibit "A."
2. The rights herein granted are expressly limited vertically and shall not extend beyond a plan~ parallel with and
twenty (20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and
similar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rear-
ranged within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use
of the space above said plane. t
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3. This grant is subject and subordinate to the prior right of Railroad to use all the property described in the
performance of its duty as a common carrier, and there is reserved unto Railroad the right to construct, reconstruct,
maintain, use and remove existing and future, railroad, transportation, communication and pipeline facilities and ap'-
purtenances in, upon, over, under, across or along said property. In event tracks are removed from sald property, Rail-
road shall not be obligated to make any change in the grade of said highway. .
This grant is subject to all licenses, leases, easements, restriqtions, conditions, covenants, encumbrances, liens
and claims of title which may affect said property, and the word "grant" shall not be construed as a covenant against
the existence thereof.
4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway
is not commenced within one (1) year from the date first herein written.
5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to a\).-
thorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any tele-
graph, telephone or electric power lines in, upon, over, under, across or along said property, except as necessary for
maintenance of said highway.
6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said
highway. Any contractor performing work on the property herein described shall execute Railroad's standard form
of contractor's agreement prior to commencing any work on Railroad's premises.
7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing
and maintaining said highway. The crossing of said highway over any tracks of Railroad shall be constructed and
maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said
nighway has been completed, Railroad shall maintain the surface of that portion of said highway between lines two
(2) feet outside the rails of each track located thereon. Should Railroad abandon tracks leading to said highway, Rail-
road may abandon its rails, ties and appurtenant materials and leave the same in place. In such event, Railroad shall
not be liable for maintenance of the portion of said highway specified above.
8. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by
any lawful body against the property of Railroad to defray any part of the expense incurred in connection with the
construction or reconstruction of said highway commenced within one (1) year from the date first herein written.
9. Should Grantee at any time abandon the use of said property or any part thereof, or fail to use the same for
said purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so aban-
doned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualification of, the rights
hereinabove reserved, to resume exclusive possession of said property or the part thereof the use of which is so dis-
continued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, in-
cluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the same state
an'i condition in which it existed prior to the construction of said highway, and to bear the expense thereof. Should
Gl.antee in such event fail, neglect or refuse to so remove said highway and restore said property, such removal and
restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad
u~on demand.
10. Should Railroad remove or abandon in place all of its facilities at said location and Railroad no longer desires
to retain interest in said property, Grantee shall be required to purchase Railroad's interest in said property at the
then fair market value.
11. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties
hereto.
12. It is understood and agreed that Sections 13 to 21 inclusive on the
insert hereto attached are hereby made parts of this indenture.
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IN WITN~SS WHEREOF, the parties hereto have caused these presents to beex1l~~~1J.piib~teas of the day
and year first~~ein written. ,''1 i'J!"~;':>. ".\,~\\.'
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CITYQ.f'0 . ~ SOUTHE l?:€},'~PANY
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By'; . ... Q I i ~~ ~h.L By . . ,
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By Clerk ,I: ~~ il'U~ ": ': ':"~..,~ . . . Assista~~' ~~~~etary
, 1i a UG o.&. In v{,h r:'t' -1 r ;"';"""
. (vnveyedb. 1'{) :LD' doe~ ., -. t! :f l ).,::.:~ ' ;',--.(f' ;,I." "~
not exee:cd $100 .' r.:."}lt 11
8291 mt 6U Me<< 8291 ~'i (]J9
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. . . FIl.EO FOR REOORD . .
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3498193
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~AF - 6/4/68 - 32170/321-2 V
INS E R T
aoOl_ tfiflt3
Tenth Street
Gilroy, California
13. Railroad shall furnish the necessary labor, materials, tools
and equipment to perform the following work:
(a)
(b)
(c)
(d)
(e)
I
remove trackage from locations indicated in
yellow on attached print and reinstall all
or portions thereof in locations indicated
in red on attached print;
raise side track on southerly side of main
track and two side tracks on northerly side
of main track sufficiently to meet grade
of said highway as established by Grantee;
change rail in each main track and one ad-
jacent side track and install timber planking
along the rails of each of the five tracks
located through said highway; ·
remove paving in track areas of crossing to
be closed (Ninth Street Crossing E-80.8);
install two (2) flashing light grade crossing
signals equipped with automatic gate arms
together with necessary actuating and operating
circuits and adequate instrument housing, ~t
said highway and install for compatible opera-
ting purposes necessary supplemental signal
control equipment and instrument housing at
the crossing of Seventh Street. All of said
signals, gate arms and actuating controls
and circuits and adequate instrument housing
and appurtenances shall hereinafter be
collectively referred to as "signals".
Installation of and all materials for said
signals shall be in accordance with Railroad's
usual standards. Such installation shall in-
clude removal of existing flashing light
signals located at Ninth Street.
Grantee agrees to reimburse Railroad for one hundred per cent
(100%) of all cost and expense incurred by Railroad in furnishing
materials and performing work specified in Items (a), (b), (c) and
(d) of this Section 13. Grantee agrees to reimburse Railroad for
fifty per cent (50%) of all cost and expense incurred by Railroad
in furnishing materials and performing the work specified in Item (e)
of this Section 13.
14. Grantee, at Grantee's expense, shall furnish, install
and thereafter maintain suitable barricades on each side of Railroad's
outer track at proper horizontal clearances to said track at the
said Ninth Street crossing, which is to be closed.
15. Grantee agrees to obtain and furnish to Railroad without
charge therefor an easement over the area substantially shown hatched
on the attached print to permit spur track reconstruction and operation
Page 1 of Insert
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with proper horizontal clearances.
eo~ 8291 p~844
16. Railroad shall submit to Grantee a bill for eighty per cent
(80%) of its share of the estimated cost to Railroad in performing
work for which Grantee is obligated to reimburse Railroad hereunder
upon completion of such work which bill Grantee agrees to promptly
pay. Should the actual cost prove, upon completion of audit, to be
more or less than such estimated cost, the difference shall be
promptly paid by Grantee or refunded by Railroad as the case may be.
17. After installation of said signals has been completed,
Railroad shall maintain same so long as they remain in place. Cost
of maintaining said signals shall be borne and paid for by the parties
hereto in accordance with Sections 1202.2 and 1231.1 of the Califor-
nia Public utilities Code. The precise manner and method of
determining applicable charges, manner and method of payment and
other procedures under said sections shall be governed by any appli-
cable decisions of the California Public Utilities Commission.
18. The work to be performed by Railroad hereunder shall be
commenced as soon as labor and materials are available following exe-
cution of this instrument and the issuance by the California Public
Utilities Commission of an order or resolution approving the apportion-
ment of the cost of maintaining said signals and shall be completed
within one (1) year thereafter.
19. Grantee agrees to take all necessary action to abandon,
vacate and close to vehicular traffic that portion of Ninth Street
(Crossing E-80.8), crossing the tracks of Railroad.
20. Grantee does hereby quitclaim unto Railroad all of the
right, title and interest of Grantee to use the surface of said
Ninth Street (Crossing E-80.8), over the real property more parti-
cularly described as follows:
A strip of land 60 feet wide situate, lying and being
the Rancho Las Animas, County of Santa Clara, State of
California, lying 30 feet equally on each side of the
following described center line:
Beginning at the point of intersection of the cen-
ter line of Ninth Street with the northwesterly pro-
longation of the northeasterly line of land 100 feet
wide as described in the Deed from T. R. Thomas to
Southern Pacific Railroad Company recorded May 23, 1871
in Book 22 of Deeds, at Page 138, records of said County,
said point being distant 50 feet northeasterly, measured
at right angles from the original located center line
of said Company's main track (San Jose to Watsonville
Jct.) at Engineer Station 1+31; thence southwesterly
along said center line of said Street, 100 feet to a
point on the northwesterly prolongation of the south-
westerly line of said land 100 feet wide described in
said Deed.
The side lines of above described 60 feet wide
strip of land terminate in said northwesterly pro-
longations of said northeasterly and southwesterly lines
of land described in said Deed.
Said strip of land contains an area of 6,000
square feet, more or less.
Reserving therefrom an easement for utility purposes
over, across and under the above described 60 feet wide
strip of land.
Page 2 of Insert
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21. Grantee agrees to indemnify and hold Railroad harmless
from and against any and all claims, for loss or damage of any
nature whatsoever arising or resulting from the creation of a
cul-de-sac by reason of the closing of said Crossing Number
E-80.8 where same crosses the property and right of way of Railroad.
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Page 3 of Insert
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EXHIBIT "An
Tenth Street
A strip of land 86.00 feet wide situate in the Rancho
Las Animas, City of Gilroy, County of Santa Clara, State of
California, being a portion of that certain p arcal of land
100 feet wide described in deed from T. R. Thomas to Southern
Pacific Railroad Company recorded May 28,,1871, in Book 22 at
Page 138, records of said County, lying equally 43.00 feet on
each side of the northeasterly prolongation of the center line
of existing Tenth Street.
The above described strip o~ land contains an area of
8,600 square feet, more or lessQ
The above described pa~ce~ of land is shown on t~e print of
Railroad's Western Division Drawing G-344, Sheet No.2, revised
July 5, 1967, attached and made a part hereof.
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