BP-1400606 Notice of Intent to Reserve Easement

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Notice of Intent to Reserve Easement This easement agreement will establish the perpetual right of Parcel 253-190-13(31611 South Chrisman Road,Tracy CA 95304)to continue to use the well located on Parcel 253-190-15(31717 South Chrisman Road, Tracy CA 95304)for its water supply,pursuant to the terms set forth herein. Both of these parcels are currently owned by Mr.Amanjlt 5 Sandhu. Now,therefore,in consideration of the foregoing and the mutual covenants contained herein,the parties agree as follows: Agreement Grant of Easement: [Buyer]as owner of parcel 1,an easement for the construction,operation and maintenance of a domestic water supply well and pump located on Parcel 2,and a related pipeline easement to carry the water supply from the domestic well to parcel 1. This easement shall run with the property,benefiting Parcel 1 and burdening parcel 2, This easement shall be construed narrowly to include only a right to use and maintain the domestic well and related pump and pipeline in their current location on parcel 2. It shall not include the right to move or re-drill the well In another location on parcel 2 or the right to relocate the pipeline. Parcels defined: Parcel 1 is described as APN number 253-190-13 and Parcel 2 is described as APN number 253-190-15 Exclusive Right: The easement is exclusive as no other property shares in the right to use the well,pump or pipeline other than parcel 1. However,the owners of the parcel have the right to farm,drive or;otherwise utilize that portion of the parcel over the pipeline and around the well and pump so long as the use of the parcel does not unreasonably interfere with the use or operation of the well,pump and pipeline. The parties acknowledge that should a party desire to build a home on parcel 1,the owners of the parcel will need to obtain a new domestic water source for the home on parcel 1. Maintenance and cost of operation: The owners of parcel l agree to keep the domestic well in good working order and pay for the complete and necessary maintenance without any expense or liability imposed on the owners of parcel 2. The owners of parcel 1 shall coordinate all maintenance activities with the owners of - parcel 2 so as to minimize the burden on parcel 2. The owners of parcel 1 also agree to pay all electricity charges and/or other taxes or fees Imposed with respect to the well,pump and pipeline and work to ensure that these costs are separately billed to the owners of parcel 1. Termination of easement: This easement shall terminate at the earliest of when the owners of parcel 1 obtain a substitute domestic water supply or the existing domestic well located on parcel 2 can no longer be viably used to supply water to parcel 1. If the existing well is not used for 12 months or more,the owners of parcel 1 shall properly abandon the well In accordance with all applicable laws and regulations,at their sole expense. This easement will also allow for any fire protection services to utilize the water and or the tanks on parcel 253- 190-15 Date: Q O Owner: