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5.29.81 <br />`, C169-020 <br />Drain. In the event any tree in excess of six ( 6 ) feet in <br />height in the Easement .Area dies within two (2) years after <br />the construction of the Storm Drain, such tree shall be pre- <br />sumed to have died due to causes related to the construction <br />of the Storm Drain unless Grantee can demonstrate such tree <br />died due to disease, improper care or other cause unrelated <br />to the construction of the Storm Drain. <br />3.3 Dedication. Grantor agrees to execute, <br />deliver and record an easement grant deed (the "Easement <br />Grant Deed") in the form attached hereto as Exhibit E and <br />made a part hereof, concurrently with the execution of this <br />Agreement. Said Easement Grant Deed shall grant an easement <br />over the real property on which the Storm Drain will be <br />located, which real property is more particularly described <br />in Exhibit E hereto, to the City of Pleasanton. Grantor <br />further agrees to cooperate by executing any other ,documents <br />necessary to complete dedication of the Storm Drain by <br />Grantee to the City of Pleasanton upon satisfaction of the <br />following conditions: <br />(a) Completion of construction of the Storm <br />Drain; and <br />(b) Final inspection and approval of the <br />Storm Drain by the City of Pleasanton. <br />Any condemnation award or other compensation payable by the <br />City of Pleasanton on account of the grant of easement over <br />the real property described in Exhibit E hereto or the <br />dedication of the Storm Drain shall be the property of <br />Grantor. <br />-4- <br />