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ATTACHMENT 3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 Attention: City Manager SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: This document is exempt from recording fees pursuant to Government Code§27383 and exempt from Documentary Transfer Tax pursuant to Revenue and Taxation Code§11922 DECLARATION OF PUBLIC UTILITY EASEMENT The City of Pleasanton, a California municipal corporation ("City") hereby creates an easement(the "Public Utility Easement" or"PUE") in favor of one or more Public Utilities (as defined in Section 216 of the California Public Utilities Code)for the construction, reconstruction, removal, replacement, repair, maintenance, operation, inspection and use of public utility facilities in, on, over,across, under, and through the following described real property(the "Easement Area")situate, lying and being in the City of Pleasanton, County of Alameda,State of California, more particularly described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT"A"AND MADE A PART HEREOF, AND PLAT ATTACHED HERETO AS EXHIBIT"B"AND MADE A PART HEREOF The PUE created hereby includes the rights of access of Public Utilities to enter upon the Easement Area with personnel,vehicles and equipment as reasonably necessary to trim or cut down any trees and brush now or hereafter within the Easement Area and along the perimeter of the Easement Area which, in the reasonable opinion of any such Public Utility, may interfere with or be a hazard to the facilities permitted hereunder, or as any such Public Utility deems reasonably necessary to comply with applicable state or federal regulations; provided, however,that any Public Utility utilizing the PUE must take reasonable precautions to minimize damage to the landscaping and improvements thereon. In addition, any Public Utility performing excavation activities within the PUE must backfill and restore the surface of the Easement Area and the surrounding real property to substantially the condition existing prior to such excavation. The right of entry described in this Declaration is subject to the requirements that: (a) prior to entry onto the Easement Area the Public Utility shall use its best efforts to provide a minimum two business days' advance notice by email or telephone to the on-site property manager of Kottinger Gardens and 18-0813 Declaration of PUE Easement-fee+ leasehold consent 1