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20003403; 1/16/2000 12.00 PM <br />OFFICIAL RECORDS OF RECORDING FEE 0.00 <br />ALAMEDA COUNTY <br />RECORDED AT THE REQUEST OF PATRICK 0 ' CONNELL <br />AND WHEN RECORDED RETURN TO: I ICI it <br />City of San Leandro I I 5 PGS <br />City Clerk's Office <br />835 East 14" Street � <br />San Leandro, CA 94577 <br />r T <br />(space Above Line for Recorder's Use Only) �7471. OF ` ' a <br />GRANT OF EASEMENT NOV 2 B 2000 <br />This GRANT OF EASEMENT (this "Easement") is made and entered into e fec Ive ass O F10E <br />Aa&g16 - � , 2000 by Bay Fair Mall, LLC, a Delaware Limited Liability Company <br />("Grantor"), for the benefit of any public utility provider of electricity, gas, telephone, water, <br />cable or sewage services located within the county of the Property (as hereinafter defined) who <br />agrees to be bound by the obligations of this Easement ("Grantee"). <br />RRCITAIN <br />A. Grantor owns that certain real property situated in the City of San Leandro, <br />California, as more particularly described in Exhibit A attached hereto and incorporated herein <br />(the "Property"). <br />B. Grantor desires to provide for the establishment of a non-exclusive easement for <br />the installation, maintenance and use of underground electrical, gas, telephone, water, cable or <br />sewer lines on the Property, upon the terms and conditions hereinafter set forth. <br />NOW, THEREFORE, the parties agree as follows: <br />1. Grant of Easement. Subject to the terms and conditions hereinafter set forth, <br />Grantor hereby grants to Grantee a non-exclusive easement to install, maintain and use the area <br />on the Property in a strip of land 10 feet in width, as more particularly described in Exhibit A <br />attached hereto and incorporated herein by reference. The use shall be strictly limited to <br />electrical, gas, telephone, water, or cable purposes only. Furthermore, the installation of any <br />such lines must be underground, with nothing to be installed above ground. <br />2. Term. This Easement shall continue in full force and effect in perpetuity from <br />the date of recordation of this Easement. Construction of underground utility work is prohibited <br />during the holiday season (i.e. November 23-January 3). Nothing shall prevent utility provider <br />to perform emergency repair work during holiday season. After the construction, the utility <br />provider will be responsible to restore the property to its original condition. The Grantor will be <br />permitted to park vehicles on the easement area. <br />