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1t-149161 <br />DECLARATION <br />e, herein - <br />Whereas., A <br />after referred to as Declarants, are the owners of the following <br />described real property in the City of San Leandro, County of <br />Alameda, State of California: <br />g 413 <br />Parcels 1 and 2, as shown on Parcel Map -9.03, filed <br />1972 in Map Book 2�____, page Alameda Alameda County Records. <br />And Whereas, said Declarants hav improved a portion of said <br />Parcels 1 and 2 of Parcel Map , as a roadway for the benefit <br />of portions of the above described real property, said portion <br />being hereinafter referred to as Parcel "A" and is more <br />particularly described as follows: <br />Parcel "A" <br />Beginning at•a point on the northern line of Dutton Avenue, as it <br />now exists, -distant thereon south 741 02' 45" west 80.99 feet <br />from the point of intersectio��hereof with the eastern line of <br />Parcel 1 of said Parcel Map , running thence along said line <br />of Dutton Avenue south 740 02' 45" west 19.01 feet; thence north <br />17° 29' 30" west 75.25 feet; thence south 72' 30' 30" west 0.04 <br />of a foot; thence north 171 29' 30" west 36.24 feet; thence north <br />720 30' 30" east 19.04 feet; thence south 17" 29' 30" east 112.00 <br />feet to the point of beginning. <br />And Whereas, Declarants desire that each of said Parcels 1 and 2 <br />9,Parcel <br />of Parcel Map 1�@ -, shaiihv a non-exclusive perpetual appurtenant <br />easement for roadway,�/p 4w7vnr,- upon and under that portion of <br />" " ded within that particular parcel; <br />A not included <br />Now, Therefore, Declarants hereby declare and establish a non- <br />�jG. ��exclusive easement for roadway fans�;4�over, upon, across and <br />under said Parcel "A" for the enefit of the parcels referred to <br />in the paragraph next above, and in conveying each of said parcels <br />will, in each deed, provide for the necessary grant and/or <br />reserve of non-exclusive perpetual easements for such purposes <br />over, upon, across and under the appropriate portions of said <br />Parcel "A". <br />Declarant further declares that, in conveying each of the parcels, <br />they will, in each deed, insert a provision to the effect that <br />the grantee, by the acceptance of said deed (evidenced by his or <br />her signature and acknowledgment thereon) thereby agrees for <br />himself or herself, their heirs, successors and assigns, to all <br />of the terms and conditions of this declaration and to pay a <br />proportionate share of the cost o t.4e upt ee and maintenance of <br />said Parcel "A" as a roadway),,,l � �r �'�te share to be anequal <br />share, except when repair is necessitated by damage caused in the <br />course of serving or servicing one or several of the said parcels. <br />(Continued) <br />