Item 15 - Agreements for Improvements to the Railroad Crossing on Warner and McFadden

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103:11:311111111115"! UP Real Estate Project No.: 0459563 PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT McFadden Avenue DOT 761245R MP 518.00 — Santa Ana Industrial Lead Santa Ana, Orange County, California THIS AGREEMENT ("Agreement") is made and entered into as of the day of , 20 ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") and CITY OF SANTA ANA, a municipal corporation or political subdivision of the State of California to be addressed at 20 Civic Center Plaza, Santa Ana, California 92701 ("Political Body"). RECITALS: By instrument dated January 6, 1958, the Southern Pacific Company and the Political Body entered into an agreement (the "Original Agreement") covering the construction, use, maintenance and repair of an at grade public road crossing over McFadden Avenue, DOT Number 761245R at Railroad's Milepost 518.00 on Railroad's Santa Ana Industrial Lead at or near Santa Ana, Orange County, California. The Railroad named herein is successor in interest to the Southern Pacific Company. The Political Body now desires to undertake as its project (the "Project") the reconstruction and widening of the road crossing that was constructed under the Original Agreement to accommodate the installation of medians and replacement of the warning devices. The road crossing, as reconstructed and widened is hereinafter the "Roadway" and the portion of the Railroad's property where the Roadway crosses the Railroad's property is the "Crossing Area." The right of way granted by the Southern Pacific Company to the Political Body under the terms of the Original Agreement or a separate document is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad's property that Political Body needs to use in connection with the Roadway (including the right of way area covered under the Original Agreement or in a separate document) is shown on the print marked Exhibit A and the Political Body's type, size and location prints of the Project