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6.C. - Page 60 of 147 <br />C. On June 2, 1952, Leslie Salt Co. ("Leslie") granted an easement to the County <br />and Redwood City "for the purpose of constructing, maintaining and operating thereon storm <br />drainage facilities and for no other purpose" over the real property described in Exhibit "C-1" <br />attached hereto and depicted in Exhibit "D" attached hereto (the "Drainage Easement Area") <br />in an instrument recorded on July 9, 1952 as Instrument No. 14909-K in Book 2264, Page 130 of <br />the Official Records of San Mateo County (the "1952 Drainage Easement"). <br />D. The County created and formed the San Mateo County Flood Control District (the <br />"Flood District") in 1959 to provide for the construction and operation and maintenance of flood <br />control facilities within San Mateo County. By operation of law, the County's rights and <br />obligations under the 1952 Drainage Easement were assumed by the Flood District upon the <br />Flood District's creation. <br />E. In 1959, portions of the land encumbered by the 1952 Drainage Easement and <br />portions of the land draining to the Drainage Easement Area were annexed into Menlo Park from <br />the County. Menlo Park claims that it is the successor -in -interest by operation of law to the <br />County's and Flood District's rights and obligations under the 1952 Drainage Easement to the <br />extent of such annexation and adopted a resolution in 2015 to acknowledge and accept the 1952 <br />Drainage Easement. <br />F. A portion of the land draining to the Drainage Easement Area remains within the <br />unincorporated portion of the County as set forth in Exhibit "F" attached hereto. <br />G. Cargill acquired Leslie in 1978 and therefore became, as of the acquisition of <br />Leslie, the successor -in -interest to Leslie's rights and obligations under the 1952 Drainage <br />Easement with respect to the Cargill Point Property and the Cargill Property. <br />H. Title to the Cargill Point Property was conveyed by Cargill to Cargill Point in <br />2016. Cargill Point therefore became the successor -in -interest to Cargill's rights and obligations <br />under the 1952 Drainage Easement as to the Cargill Point Property as of the date of the <br />conveyance. <br />L Pursuant to Assembly Bill No. 825 (2019), the Flood District was renamed as the <br />District, its powers were expanded to include addressing and protecting against the impacts of <br />sea level rise, and, effective January 1, 2020, an independent Board of Directors replaced the <br />County's Board of Supervisors as its governing board. Any remaining rights and obligations <br />held by the County and/or Flood District in the 1952 Easement Agreement have been assumed <br />by the District by operation of law. <br />J. Cargill and Cargill Point desire the County, Menlo Park, Redwood City and the <br />District to enter into this Agreement to restate and amend the terms, rights and obligations of the <br />1952 Drainage Easement as provided herein. The Parties intend to eliminate the 1952 Drainage <br />Easement prohibition on excavations below the elevation minus three feet mean sea level United <br />State Coast and Geodetic Survey datum. <br />Now, therefore, for good and valuable consideration as hereinafter set forth, the <br />sufficiency of which is hereby acknowledged, the Parties agree as follows: <br />OA <br />153 <br />