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G60332049 <br />3. Grantee shall exercise due care not to injure or damage any improvement in <br />exercising Grantee's right of entry.' <br />4. Except in an emergency, Grantee shall enter upon the Easement Area on <br />weekdays during normal business hours. <br />5. Any construction, maintenance, inspection and repair by the Grantee shall be <br />performed with diligence and in a manner so as not to interfere unreasonably <br />with Grantor's use and enjoyment of Grantor's property adjacent to the <br />Easement Area. Upon completion of any construction, maintenance, <br />inspection and repair, Grantee shall at its expense restore and repair the <br />Easement Area and the surface thereof so that it is in the same condition as <br />existed prior thereto. <br />6. The Grantee agrees that the Facilities shall be installed and <br />maintained such that the depth of cover over the Facilities is as shown on the <br />attached drawing No. W-7864-14 attached hereto and made a part hereof. <br />Grantor, its successors and assigns, shall not place, or permit to be placed, on the <br />Easement Area any structure, shall not plant any tree in the Easement Area and shall not <br />change the existing surface elevation (grade) of the Easement Area by more than one (1) <br />foot without obtaining the prior written consent of Grantee, but otherwise Grantor reserves <br />the right to use the surface of the Easement Area, subject to the right of entry granted to <br />the Grantee herein. <br />IN WITNESS WHEREOF, the Grantor has executed this indenture this 16th day of <br />January , 1996 . <br />CITY OF SAN LEANDRO, <br />a municipal corporation <br />TYPE NAME: Mike Oliver <br />TYPE TITLE: City Manager <br />(To be notarially acknowledged) <br />