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Resolution No. 1-95~ <br />Page 2 <br /> <br />of Supervisors <br />landscape ease~ <br /> <br /> BE IT FUR <br />Supervisors be <br />Alameda Count~ <br />corporate and' <br />to the City ol <br />exclusive ease <br />and maintenance <br />described in E~ <br /> <br /> BE IT FURl <br />the following <br /> <br />1. Ther <br /> <br />2. GRAN' <br /> clain <br /> loss <br /> the <br /> due <br /> <br />3. The <br /> sub <br /> or nc <br /> <br />4. All <br /> maini <br /> cost <br /> land~ <br /> be at <br /> <br />5. GRAN1 <br /> real <br /> ease~ <br /> righ <br /> ther( <br /> opin <br /> has r <br /> expe <br /> here' <br /> <br />6. In t <br /> cons( <br /> aban <br /> deli, <br /> deed <br /> <br />does and it hereby approves the conveyance of the requested <br />~nt to the City of Pleasanton; and <br /> <br />THER RESOLVED, that the President of this Board of <br />and she is authorized and directed to execute, on behalf of <br />Flood Control and Water Conservation District, a body <br />~olitic, GRANTOR, a Grant of Easement (Landscape), conveying <br />Pleasanton, a municipal corporation, GRANTEE, a non- <br />~ent for the installation, operation, replacement, removal <br />of landscaping, on, over, upon and across the real property <br />hibit "A"; and <br /> <br />HER RESOLVED that said landscape easement is granted upon <br />erms and conditions, to wit: <br /> <br />is no charge to the City of Pleasanton for said conveyance. <br /> <br />'EE shall defend and indemnify GRANTOR against any and all <br />~,fcourt actions, loss, cost and liability on account of the <br /> property and/or injury or death of persons arising from <br />xercise of the easement rights hereby granted and to solely <br />o the negligence of GRANTOR. <br /> <br />asement and rights hereby granted are non-exclusive and are <br />ct to all other easements and encumbrances, either of record <br />t, within the hereinafter described easement area. <br /> <br />landscaping, plantings, watering equipment and facilities, <br />enance of the same, charges for water or any other utility <br />s associated with the maintenance and upkeep of the <br />caping and plantings placed within the easement area shall <br />the sole cost and expense of GRANTEE. <br /> <br />EE recognizes and agrees that the primary purpose of the <br />property burdened by the hereinafter described landscape <br />ent is for flood control purposes, and GRANTOR reserves the <br />: to remove a~y landscaping and related facilities placed <br />in when said land or any portion thereof is required, in the <br />ion of GRANTOR, for a superior public purpose, and GRANTOR <br />o obligation to compensate GRANTEE for any costs GRANTEE has <br />~ded in connection with GRANTEE's exercise of the rights <br />n granted. <br /> <br />he event the easement area is not used by GRANTEE for a <br />cutive period of one (1) year, said non-use shall constitute <br />donment and GRANTEE or its successors and assigns shall <br />er, at no cost to GRANTOR, a good and sufficient quitclaim <br />to GRANTOR to the above-described easement area. <br /> <br /> <br />