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DECLARATION OF NO -BUILD EASEMENT This Declaration of No -Build Easement is entered into this day of A-14900 5 , 2011, by the City of San Leandro hereinafter referred to as "Declarant ". Whereas Declarant is the owner of the certain real property situated in the City of San Leandro, Alameda County, California, commonly known as 3000 Davis Street (A.P.N. 077A 0649 003 03), Described on Exhibit "A" attached hereto, hereinafter referred to as the "Subject Property "; Whereas the City of San Leandro, as governing Agency, has required itself to enter into this Declaration as part of the conditions of approval for the issuance of a building permit for the rehabilitation of 3000 Davis Street, known as the "Water Pollution Control Plant ", Project No. 08- 593 -52 -239 (A.P.N. 077A 0649 003 03). Now, THEREFORE, in consideration of the limitations and covenants hereinafter set forth, the Declarant agrees and declares as follows: 1) No -Build Easement. A No -Build Easement of varying width to be kept free and clear of all buildings shall be established and maintained at all times across that certain strip of land described and depicted on Parcel Map 10036 reproduced in Exhibit "B" for reference and attached hereto. The No -Build Easement shall not be modified or removed without the prior approval of the Chief Building Official of the City of San Leandro. 2) Term. This Easement shall continue in full force and effect and shall bind all parties having or acquiring any right, title, or interest in the Subject Property, and shall apply to and bind the heirs assignees and successors in right, title, or interest thereof, until termination or amended as provided herein. 3) Termination of Amendment. This Easement may be terminated or amended only with the consent of the Chief Building Official of the City of San Leandro. No such termination of amendment shall be effective until a proper instrument in writing has been executed by both the owners of the Subject Property and the City of San Leandro and recorded in the office of the County Recorder of Alameda County.