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F! 4 99103186 dedication of all or a portion of the Easement,the Easement shall be extinguished and the Servient Tenement shall no longer be subject thereto, F{ 3. Inted2leace with the Easement. No structure, building, planting,materials or other items shall be placed or permitted to remain within the basement which damages or interferes with the installation,construction, repair, maintenance and use Ft thereof. On or before December 31 of any year Grantees shall give notice to Grantor of Grantee's intention to improve the easement within the next calendar year. If the Grantee does not construct improvements within that year,Grantee will reimburse Grantor for the loss of yield, if any,of any crop on the affected property. Compensation f shall be at the rate of the average yield of the balance of the affected property for that year. 4. p,}vission of Dominant Tenement. If the Dominant Tenement is hereafter subdivided, partitioned or otherwise divided into two or more parts,the Easement granted in this instrument shall be apportioned so that the successive owners of each resulting part of the original Dominant Tenement, or the successive owner's assignees or successors, shall be entitled to enjoy the benefit of the Easement granted in this instrument for the service of the owner's part. Said successive owners, assignees,or successors shall be obligated to perform the burdens and obligalions of Grantees described hereunder. F S. Maintenance. Grantors shall have no duty, responsibility or obligation to construct, maintain or repair any improvements to the easement. Except that with F! respect to this easement, the party constructing the improvements on the easement shall have the burden of maintairyng and improving the easement in accordance with governmental requirements until such time as the burdened parcel is developed, at which time the owner of the burdened property shall be responsible to maintain the R_ easement. "Developed"as used herein means starting street or underground utilities construction within the easement. 6. Dominant and JgMlenjEstates. In the event that the subdivision, partition 1 or other division into parts described in Section 4 hereinabove is accomplished, the Easement as well as each and all of the rights and burdens and obligations, granted or made an integral part hereunder shall remain appurtenant to the Dominant Tenement • and neither the Easement nor any of the rights or burdens and obligations hereunder, may be transferred, assigned,or encumbered except as an appurtenant to the part or F, parts described in Section 4. jC 7. SeverAblllsy. In case any provision of this Deed will be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall a not in any way be affected or impaired thereby. Description: San Joaquin,CA Document-Year.DOCID 1999.103185 Page. 4 of 9 n,-tee... f�_��., � .,,,.,Rant•