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RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: Andy Bogetti P.O. Box 705 Vernalis, CA 95385 ---------------------------ABOVE SPACE FOR RECORDER'S USE ONLY------------------------ SEWER AND WATER LINE USE AGREEMENT AND INGRESS AND EGRESS EASEMENT This Sewer and Water Line Use Agreement and Ingress and Egress Easement (this "Easement") is made effective the 1� day of KA,p. _, 2005, by Mike and Jaqueline Erceg ("Owner"). RECITALS: Owner is the owner of certain real property ("Owner's Property") located in San Joaquin County, California, as more particularly described on Exhibit A attached hereto. Owner is processing a lot line adjustment with the County of San Joaquin (the "County") by which that certain parcel ("Parcel A") which is a portion of Owner's property shall be adjusted from approximately 2.27 acres to 7.32 acres. The location of adjusted Parcel A is set forth on Exhibit B attached hereto. In connection with approval of the lot line adjustment, the County has required that evidence of the right of any future owner of Parcel A to use the existing sewer and water lines and related improvements currently installed on Owner's Property be recorded in the County's official records. Further, the Owner desires to reserve, for the benefit of current and future owners and users of the remainder of Owner's Property, an ingress and egress easement over a portion of Parcel A as more particularly described below. AGREEMENT: NOW, THEREFORE, Owner, in Owner's capacity as owner (the "Remainder Owner") of the remainder of Owner's Property (the "Remainder Property") other than Parcel A, and in its capacity as the owner of adjusted Parcel A (the "Parcel A Owner"), in order to comply with the County's requirement described above and to provide for the orderly development of the Remainder Property and Parcel A, desires herein to establish, for the benefit of each such property and the successive owners and users thereof, the rights and obligations set forth below: