FLOOD CONTROL AND WATER EASEMENT

Accompanying this fight is the further right of a temporary construction easement, valid until December 31, 2000, in Grantee, its successors and assigns, to enter and depart over and upon that Property described in Exhibit A, attached hereto and incorporated herein by this reference, except that portion located within the Stoneridge Drive fight-of-way, to construct the water line facilities and storm drain, and related improvements. These rights are conditioned on the reasonable exercise of them for the benefit of Grantee's water line facilities, storm drain and related pipelines on the Property. Grantee will repair any damage caused by Grantee, its employees or agents, to Grantor's improvements on the Property, and will indemnify Grantor against any and all loss and damage that will be caused by the exercise of Grantee's right to enter and depart, or by any wrongful or negligent act or omission of Grantee, or of Grantee's employees or agents in their use of the Property. Grantor reserves the right to use the entire Property for purposes that will not interfere with Grantee's full enjoyment of the rights granted by this instrument. Grantor, however, shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over Grantee's pipelines. The provisions of this deed shall inure to the benefit of and bind the heirs, successors and assigns of the respective parties to it. CITY OF PLEASANTON - Grantor By: Deborah Acosta, City Manager (Attach notary acknowledgement.) Accepted by: ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, ZONE 7- Grantee By: Dale Myers, General Manager (Attach notary acknowledgement.)