Deed - 2150 Hillside Dr - File 1345, 2001

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AGREEMENT FOR CONSTRUCTION AND MAINTENANCE EASEMENT This Agreement f r a Geologic Stability Easement (hereinafter, "Agreement") is made this 3LLbday of D n \ , 2001 between Carla B. Julius and James P.' Julius (singularly and collectively referred to hereinafter as "Grantors" and the San Leandro Hillside Geologic Hazard Abatement District, a duly formed geologic hazard abatement district (hereinafter, "District"). Grantors are the fee owners of that real property located at 2150 Hillside Drive, San Leandro, California, which real property is more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference. District wishes to acquire from Grantors, and Grantors wish to grant to District, permanent easement rights over a portion of said real property, said portion being described in Exhibit "B", attached hereto and incorporated herein by this reference (hereinafter "the easement"). WHEREAS, District desires to construct and maintain shear pins, tiebacks and related devices designed to stabilize soil, upon, under, along, and across that real property of Grantor described in Attachment "B"; and WHEREAS, the undersigned have determined that it is in their mutual and respective interests for Grantors to grant, and for District to accept, an easement for such purposes. NOW THEREFORE, in consideration of the foregoing, receipt of which is hereby acknowledged, the parties hereto mutually agree as follows: Grantors grant and convey the easement to District, via an Easement Deed which is executed concurrently herewith and is incorporated herein as Exhibit "C" hereto, for purposes of allowing District to construct, maintain, repair and operate shear pins, tiebacks and related devices designed to stabilize soil, said easement being more particularly described in the Easement Deed. 2. The shear pins and related devices shall be installed and maintained within the easement according to this paragraph. The construction will involve active, continuous use of heavy equipment including bulldozers, trucks, augers and other drilling and earth moving equipment, but will not require or involve the relocation of or otherwise damage structures on the property described in Exhibit "A".