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Recording requested by and <br />when recorded mail to: <br />City of Colton <br />Water and Wastewater Department <br />650 N. La Cadena Drive <br />Colton, CA 92324 <br />GRANT OF EASEMENT (RIGHT OF WAY) <br />THIS INSTRUMENT, made this 17tWay of August , 2001, by and between DOMINGUEZ PLAZA LLC, A <br />DELAWARE LIMITED LIABILITY COMPANY, ("Grantor"), and the City of Colton, ("Grantee"), <br />WITNESSETH: <br />Said Grantor does by these presents GRANT unto the said Grantee, its successors and assigns, a 10.00 foot in width non-exclusive <br />perpetual easement to lay, construct, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to <br />time, as Grantee deems necessary, one or more pipelines and conduits, together with metering, measuring, regulating, cathodic <br />protection, communications and other appurtenances (all hereinafter referred to as the "Facilities") for the transportation of water, <br />wastewater and other substances (whether or not such substances are transported at any particular time), over, under, through, <br />along, and together with the reasonable right of ingress and egress to and from the easement Facilities and the right to use Grantor's <br />abutting property during construction of the Facilities, the strip of land located in the City of Colton, California, described in <br />Exhibit "A" attached hereto, and made a part of this agreement ("The Easement") and as depicted in Exhibit "B" attached hereto, <br />and made a part of this agreement. <br />Grantor reserves the right to (1) use any surface or subsurface areas, provided such use does not substantially interfere with <br />Grantee's use of the Easement; (2) require the relocation, at Grantor's sole cost (paid in accordance with Grantee's standard <br />collectible work agreement conditions), of all or part of the Facilities installed by Grantee; however, Grantors shall provide a <br />mutually acceptable alternative easement for all the relocated Facilities; and (3) improve the Easement Area surface with <br />landscaping (except trees and deep-rooted shrubs), paved driveways, parking surfaces, sidewalks, curbs and gutters; provided, <br />however, that before making any such improvements involving a change of grade, Grantor and its heirs, successors and assigns, <br />shall notify the Underground Service Alert -South in advance. <br />