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Q00K547 {'AG,509 <br />8. All rights herein granted are subject to all existing <br />rights, rights of way, easements, reservations and conditions by <br />whomsoever held in or to said real property. <br />9. If said pipe line or any portion or portions thereof <br />may hereafter in the opinion of the Grantor interfere with the opera- <br />tions of the Grantor, or if the property of the Grantor upon or adja- <br />cent to which said easement is located shall hereafter be subdivided <br />and said pipe line or any portion or portions thereof may in the <br />opinion of the Grantor interfere with said subdivision or the develop- <br />ment of said property, then the Grantee, upon receipt of written <br />notification from the Grantor so to do, agrees at its own expense <br />promptly to remove said pipe line or the portion or portions thereof <br />so requested by the Grantor and relocate the same in nearby public <br />streets or roads or such other rights of way as may be furnished by <br />the Grantor. Upon completion of the work of relocation the Grantee <br />agrees to execute and deliver promptly to the Grantor a good and <br />sufficient quitclaim deed quitclaiming to the Grantor all rights of <br />the Grantee in and to said real property or the portion or portions <br />thereof from which said pipe line has been removed. <br />10. If Grantee shall fail to construct said pipe line and <br />place it in operation within a period of two years after the date <br />hereof, or shall at any time abandon said pipe line or any portion <br />thereof, or fail to use said pipe line for storm water drainage pur- <br />poses, then all rights of Grantee in and to said real property or such <br />portions thereof so abandoned or not so used shall thereupon cease and <br />terminate and title thereto shall immediately revert to and vest in <br />Grantor. Upon any termination of the rights of Grantee hereunder it <br />shall at its expense promptly upon request by Grantor so to do remove <br />said pipe line and its appurtenances from said real property and <br />restore said real property to its original condition; upon failure of <br />Grantee so to do, said work may be performed by Grantor at Granteels <br />expense, which expense Grantee agrees to pay to Grantor promptly upon <br />demand. <br />11. No rights of Grantee under this indenture shall be <br />transferred or assigned unless the written consent thereto of Grantor <br />Is first secured; subject to the foregoing, this indenture and each <br />and all of the covenants and conditions herein contained shall inure <br />to the benefit of and be binding upon the successors and assigns of <br />the respective parties hereto. <br />IN WITHESS WIIREOFY the parties hereto have executed this <br />indenture the day and year first above written. <br />EAST BAY MUNICIPAL UTILITY DISTRICT <br />By Pres en <br />B <br />y <br />Secretary <br />CITY Or SAN LEANDR 0 <br />By �ll <br />By, <br />DE5CR1pjJ N CORRECT 3 <br />