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1 approval which require an Irrevocable Offer and Agreement to Convey Easement Rights <br /> 2 for the construction, operation and maintenance of a storm drain retention pond. <br /> 3 NOW, THEREFORE, for and in consideration of the approval of Major Subdivision <br /> 4 Application No. SU-93-06, it is agreed by and between the parties hereto as follows: <br /> 5 1. OWNER represents and warrants that it is the fee title OWNER of the land <br /> 6 described in Exhibit "A", which is attached hereto and incorporated herein. <br /> 7 2. OWNER represents and warrants that it is also the holder of the easement <br /> 8 described in Exhibit "B", which is attached hereto and incorporated herein, said land <br /> 9 also being described in Grant Deed recorded December 3, 2004 in Document No. <br /> 10 2004-277127, San Joaquin County Records. <br /> 11 3. OWNER hereby assigns to COUNTY all right, title and interest free and clear of all <br /> 12 taxes, liens, encumbrances and assessments within ninety (90) days after written <br /> 13 request for the same is made by COUNTY of the land described in Exhibit "B", <br /> 14 which is attached hereto and incorporated herein. Said land is to be used for the <br /> 15 construction, operation and maintenance of a storm drain retention pond. <br /> 16 4. This AGREEMENT, consisting of the burdens of conveying the above said road to <br /> 17 COUNTY, is intended to run with the land described in Exhibit "A" attached hereto <br /> 18 and made a part hereof and is binding on the heirs, successors and assigns of the <br /> 19 OWNER and the benefit is to run to the successors and assigns of COUNTY. <br /> 20 <br /> -2- <br />