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~o v~ A / ~>> 1 q ~~ ~ ~ ~ ~b ~0~?7~$Z?49 ~ oF~rcrat ~~~~ ?~~~j/~~~~ ~~:~,~ ~~7 RECORDING REQUESTED BY & ~~ Fo~~~" ~ ParRrcK ~o'ceNN~i~~F ~~~r1~Ua c.uur~r~~ WHEN RECORDED MAIL T0: RECORO.NC FEe. 0.de I I ~' ~~ II i~~ ~ p. i . . The City of San Leandro ~ '~ ~ ~~l ~~~ ~ ~ I ~ ~~ ~I I I '' 835 East 14~ Street ~ ~ ~ ~ ~~ ~i~ ~~ I i ~ ~! ~ I ~( i ~I ~ I~ I I ~ ~ _r ~t;~ San Leandro, CA 94577 ~ ~ ~ i~ ~ , ~ I~~ ~ ~~ Record at No Fee per Govt. Code Seclfon 6103, 27383 Attn: City Clerk MAINTENANCE AND EASEMENT AGREEMENT THIS MAINTENANCE AND EASEMENT AGREEMENT (hereafter the "Agreement") is made and entered into as of September 28 , 2007, between the City of San Leandro, a municipal corporation ("City"), and Jeffery C. Huynh, ("Developer" or "Owner"). City and Developer may be referred to collectively as the "Parties." RECITALS A. Developer is the owner of parcel of real property (the "Owner Property") in the City of San Leandro located at 1501 Darius Court and also known as Alameda County Assessor's Parcel No. 079-19- 041 more particularly described in Exhibit A, attached hereto and incorporated herein. B. City owns that certain real property known as Darius Court (the "City Property") C. City owns storm water facilities, which are located on the City Property, consisting of a retaining wall subdrain ("City Storm Water Pipe") which terminates at the Northeast corner of 1501 Darius Court and drains onto the Owner Property starting at the western boundary of the City Property. The purpose of the Storm Water Pipe is to move storm water collected from within the right of way. D. Developer intends to construct a single family residence (the "Project") on the Owner Property. E. As part of the Project and the process of obtaining regulatory approvals and entitlements necessary to construct the Project, Developer intends to design and construct, on the Owner Property, a new storm water management system ("Developer Storm Water Management System") in order to manage any storm water runoff from the current terminus of the City Storm Water Pipe onto the Owner Property F. The Parties have entered into this Agreement in order to establish the terms by which the Developer (1) proposes to control and manage any storm water runoff from the City Storm Water Pipe onto the Owner Property, (2) agrees to bear all responsibility for water discharged from the City Storm Water Pipe onto the Owner Property, and (3) Developer's obligations under this Agreement and the obligations of successive owners and assigns of the Owner Property. 936605-1 1 Storm Water Maintenance Agreement