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reconstruction of a portion of the water pipeline in a <br />realigned location, for which City desires to obtain a non- <br />exclusive easement. <br />4. Developer has prepared a tentative subdivision map <br />which, when developed, would require Developer to extend a <br />water pipeline in the extension of Calle Altamira at Developer's <br />expense. <br />5. Developer, Owner and City have resolved the issues <br />of easement location, ultimate use of portions of the water <br />pipeline, and disposition of the water pipeline and easement <br />once said water pipeline becomes unnecessary and now desire <br />to set forth their respective understanding and agreement <br />pertaining thereto in writing. <br />THE CITY, OWNER AND DEVELOPER AGREE AS SET FORTH BELOW: <br />I. Owner shall grant and convey a non-exclusive easement <br />for the construction and maintenance of a water pipeline <br />over and across the real property described in Exhibit "C", <br />attached hereto and made a part hereof. <br />II. City shall convey to Owner a quitclaim deed abandoning <br />the 10.04 foot easement. lying westerly of and adjacent to <br />Lot 51 of Tract 3.165, more particularly described as Parcel <br />l of the easement granted to City from Gwner dated February <br />5, 1980, and shall remove the existing water pipeline from <br />said easement and restore the property to its present condition. <br />III. City agrees to abandon all portions of the non- <br />exclusive easements described in this agreement and the <br />letter agreement dated April 10, 1980, upon provision of a <br />-2- <br />