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RECORDING REQUESTED BY East Bay Municipal Utility District AND WHEN RECORDED MAIL TO East Bay Municipal Utility District Post Office Box 24055 Oakland, California 94623 Attn: Real Estate Services �oo8��1815 7/2,3)C)8 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 080G-1320-003-12 Pursuant to Government Code Section 27383, Grantee is exempt from paying recording fees. GRANT OF EASEMENT THIS INDENTURE, made by and between CITY OF SAN LEANDRO, hereinafter called the Grantor, and EAST BAY MUNICIPAL UTILITY DISTRICT, a. public corporation organized and existing under the laws of the State "of California, hereinafter called the Grantee. Grantor owns that certain real property located at 15528 Wicks Boulevard, San Leandro, California known as Stenzel Park hereinafter referred to as the "Property". Grantee desires to obtain a non-exclusive easement for the installation, maintenance, use, replacement, and monitoring of a well and its appurtenances on a portion of the Property in connection with the Grantee's East Bay Groundwater Injection/Extraction Project under the terms and conditions hereinafter set forth. WITNESSETH: THAT the Grantor, for a good and valuable consideration of Twenty -Five Hundred Dollars, the receipt and sufficiency whereof are hereby acknowledged,hereby grants to the Grantee and to its successors and assigns anon - exclusive easement for the purpose and limited use of installing, maintaining, using replacing and monitoring a well and its appurtenances together with the right of ingress to and egressfrom said easement and the right at all times to enter in, over and upon said easement and every part thereofin, under, along and across that certain real property described in Exhibit "A" and shown on Exhibit `B", attached hereto and made a part hereof. This easement shall continue in full force and effect in perpetuity from the date of recordation of this easement, except as may be provided for in Section G of this easement. The Grantor and the Grantor's heirs, successors, or assigns shall not allow In be done anything which may interfere with the full enjoyment by the Grantee of the rights herein granted except as provided in Sections E and F. The Grantee agrees upon the completion of any of its works hereunder to restore as near as possible the surface of -the ground to the condition in which it was prior to the commencement of said work. .Grantee shall be responsible for maintaining any well equipment and appurtenances that it installs on the Property in good condition and repair. Grantee shall not unreasonably interfere with the rights of Grantor to use the Property. Grantee shall be fully responsible for the repair of any damage caused to the Property during the course of its use and shall make such repair as necessary to restore the Property to it original condition upon notice of any damage. Grantee shall indemnify, protect, and defend Grantor against and hold Grantor harmless from any and all claims, causes of action, judgments, obligations or liabilities and all reasonable expenses incurred ininvestigating or resisting the same (including reasonable attorney's fees), that arise out of the installation, maintenance replacement, use and monitoring of the well and its appurtenances on the Property by Grantee and/orGrantees agents, employees, contractors (and their subcontractors) and invitees (including an assignee of Grantee), except to the extent it arises from the sole active negligence or willful misconduct of Grantor or Grantors agents, employees, contractors (and their subcontractors), or invitees. M W 8-149 06.DOC 7/12008