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X70701 81 ACOOPT. . _ 87 A.87 Am et eo EASEMENT AGREEMENT THIS AGREEMENT is made this day of 1987, 77gN by and between Madaline Scannavino 463 Cherokee oad, Stockton, California ("GRANTOR") and ATLANTIC RICHFIELD COMPANY, a Delaware corporation, having an office at 515 South Flower street, Los 3 Angeles, California 90071 ("GRANTEE") . 'I U WHEREAS, GRANTOR is the owner of a parcel of land in v� :a Stockton, County of San Joaquin, California, ("Premises") . n=. WHEREAS, GRANTEE by virtue of lease dated March 23, 1965, and recorded July 7, 1965 in Official Records of San Joaquin K� County, California in Book 2960, Page 555, leases from GRANTOR said Premises. 1. WHEREAS, GRANTEE seeks the right and easement for purposes of expansion of its septic sewage system ("system") over, under, upon and across GRANTOR'S real estate contiguous to Premises described in attached Exhibit "A" ("easement area") . NOW THEREFORE: GRANTEE, for and in consideration of one ($1.00) Dollar and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and of the conditions, covenants and agreements to be kept, observed and performed as hereinafter set forth by GRANTEE, does hereby subject to the continuing fulfillment of the consideration aforesaid give, grant and convey to GRANTEE said easement area for the installation, construction, maintenance and repair of said septic sewage system and appur- tenances thereto. TO HAVE AND TO HOLD the above-described easement area subject to the conditions, covenants and agreements to be kept, observed and performed by GRANTEE as follows: 1. All costs associated with the installation, construc- tion, maintenance and repair of the system shall be at GRANTEE'S expense. 2. The rights granted herein shall commence on the date of recording hereof, subject to approval and acceptance by the County of the proposed system and shall terminate (a) at such time as GRANTEE shall surrender possession of the property covered hereby, or (b) when GRANTEE shall cease to use the same for the purposes specified herein for a continuous period of one year or (c) upon GRANTEE'S breach of any condition or default in the performance of any of its covenants or agreements herein set forth. upon termination hereof all rights herein granted shall CD revert to GRANTOR, its successors and assigns, and, if requested, '►� GRANTEE shall forthwith execute and deliver a release and surren- der of the above easement. V O 3. GRANTEE agrees that at the present, it will use only - —that-portion-,7 f'tie ' e&7a- dnt' `Tfea required by -the County for installation and construction of the system. 4. GRANTS; hereby agrees that GRANTOR may use for orchard puzposes, that portion of the easement area not required at this time. 5. GRANTOR shall not construct or permit the construction of any improvements of whatsoever nature within the easement area which would prohibit the full exercise of GRANTEE'S rights granted in Provision 4 above. 6. GRANTEE agrees to erect a six foot high chain-link fence around that portion of the system within the easement area to protect the system from damage.