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(1) No fill or permanent structure shall be placed <br />on such lots which shall exceed in altitude twenty-three <br />(23) feet above mean lower low water, or which shall exceed <br />the glide angle prescribed by competent authority affecting <br />the runways %t Oakland Municipal Airport. <br />(2) The surface of such lots shall perpetually be <br />subject to an easement for.the maintenance of such landing <br />guides as may be deemed necessary by the Civil Aeronautics <br />Administration, or its successors. <br />(3) The City of Oakland shall have the right to con- <br />struct and maintain a roadway one hundred (100) feet wide <br />immediately to the north of the hereinbefore mentioned two <br />hundred foot strip of 1a.nd. <br />(4) In consideration of the premises, the City of <br />San Leandro hereby agrees to permit the City of Oakland to <br />condemn without compensation, all that certain land situate <br />in Eden Township, County of Alameda, State of California, de- <br />scribed as follows: <br />The 35 foot strip in Sections <br />32 and 33, T. 2, S. R. 3 W., M. D.. B. <br />& M., heretofore conveyed to the <br />City of San Leandro by Oakland Scav- <br />enger Company. <br />(5) In consideration of the premises the City of <br />San Leandro hereby agrees to dismiss that certain action now <br />pending in the Superior Court of the County of Alameda in <br />which the City of San Leandro is plaintiff and by which it <br />seeks to acquire by eminent domain Lots 12, 13, 14, 15 and <br />16 in Section 32, and Lots 9, 10, 11, 12 and 13 in Section <br />33, and the City of Oakland agrees to prosecute with dili- <br />gence that certain action entitled "City of Oakland, etc., <br />Plaintiff vs. Annie H. Darbee, etal, Defendants" on file in <br />the Superior Court of the State of California, in and for the <br />-3- <br />