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IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT TROJAN SHALL HAVE THE <br />RIGHT AT ITS OWN COST AND EXPENSE TO EXIT STORM AND SURFACE WATERS <br />UNDER OR ACROSS THE PROPERTY TAKEN BY THE CITY FROM ITS REMAINING <br />LAND, PROVIDING THAT ANY EXIT SHALL BE THROUGH AN ENCLOSED CONDUIT <br />OR CONDUITS IN A MANNER AND AT A LOCATION OR LOCATIONS ACCEPTABLE <br />TO THE CITY. <br />IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT THE CONSTRUCTION <br />OF THE IMPROVEMENT IN THE MANNER PROPOSED BY PLAINTIFF INCLUDES <br />THE EXTENSION OF EXISTING NEPTUNE DRIVE, GENERALLY ALONG THE COURSE <br />OF THE EXISTING LEVEE OR DIKE, BY BRIDGING THE CHANNEL OF THE <br />ALAMEDA COUNTY FLOOD CONTROL DISTRICT, COMMONLY KNOWN AND DESIGNATED <br />AS THE ASHLAND CHANNEL, AND THAT THE REMAINDER OF THE TROJAN COMPANY <br />PROPERTY AS THE SAME IS ADJOINED TO PARCEL 2, AS DESCRIBED IN THE <br />ATTACHED EXHIBIT "A", SHALL HAVE THE RIGHT OF ACCESS TO NEPTUNE <br />DRIVE AS EXTENDED AT ALL REASONABLE POINTS. <br />IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT ALONG THE <br />BOUNDARY OF PARCELS 1-A, 1-B AND 2, AS THE SAME LIE CONTIGUOUS TO <br />THE REMAINDER OF THE PROPERTY OWNED BY TROJAN POWDER COMPANY, A NEW <br />YORK CORPORATION, OF WHICH PARCELS 1-A, 1-B AND 2 ARE A PART, THE <br />PARTIES TO THIS JUDGMENT HAVE STIPULATED IN OPEN COURT THAT RECIPROCAL <br />SLOPE EASEMENTS ALONG SAID BOUNDARY SHALL BE GRANTED BY EITHER PARTY <br />IN ORDER TO INSURE THE PROPER DEVELOPMENT OF THE RESPECTIVE PROPERTIES <br />OWNED BY EACH. <br />SAID AMENDED JUDGMENT DOES NOT APPEAR OF RECORD. <br />12, POSSIBLE AMBIGUITY OR SUFFICIENCY OF THE EXCEPTING CLAUSE, <br />CONTAINED IN THE DESCRIPTION OF PARCEL 2, OF THE FINAL ORDER OF <br />CONDEMNATION RENDERED JANUARY 27, 1967, IN PROCEEDINGS HAD IN SUPERIOR <br />COURT, ALAMEDA COUNTY, CASE NO. 341311, ENTITLED, CITY OF SAN LEANDRO, <br />A MUNICIPAL CORPORATION, PLAINTIFF, VS, TROJAN POWDER CO., A NEW <br />YORK CORPORATION, DEFENDANT, CERTIFIED COPY WHEREOF WAS RECORDED <br />FEBRUARY 1, 1967, UNDER RECORDER'S SERIES NO. Az/9587, ALAMEDA COUNTY <br />RECORDS, WHICH RECITED: <br />EXCEPTING THEREOF, THE LINE WITHIN THE TRACT OF LAND DESCRIBED AS <br />PARCEL 1, IN THE DEED FROM TROJAN POWDER COMPANY, A CORPORATION, <br />TO ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, <br />DATED MAY 16, 1961, RECORDED JULY 280 1961, ON REEL 376, IMAGE 180, <br />RECORDER'S SERIES NO. AS/918390 ALAMEDA COUNTY RECORDS. <br />m <br />