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EXHIBIT E A VIGATION EASEMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Santa Ana Clerk of the Council of the City of Santa Ana 20 Civic Center Plaza, M-30 P.O. Box 1988 Santa Ana, California 92702 EXEMPT FROM FILING FEES. CAL. GOV'T CODE & 6103 (Space Above Line for Recorder's Use) GRANT OF A VIGATION EASEMENT (John Wayne Airport) ASSESSOR PARCEL # RECITALS: 1. The Grand Plan 1, LLC, a California limited liability company and The Grand Plan 2, LLC, a California limited liability company (collectively, the "Grantor"), is the owner of the fee simple estate in and to that certain real property situated in the County of Orange, State of California, commonly described as 1, 9 and 10 Hutton Centre and 101 E. Sandpointe Avenue, Santa Ana, California and more particularly described in Attachment No.1, attached hereto and incorporated by this reference ("Subject Property"); 2. It is the desire of Grantor, for itself, its heirs, administrators, executors, successors, assigns, tenants, guests, and other persons in or using the Subject Property with the implied or express consent of Grantor, to grant to the City of Santa Ana, a political subdivision of the State of California (the "City"), an air and avigation easement, also known as a perpetual air, flight or noise easement, on, upon, over, across, above, or in the vicinity of the Subject Property, and to all of the Airspace (as hereinafter defined) above the Subject Property, whereby Grantor relinquishes certain rights relative to the Subject Property, as described in this Grant of Avigation Easement (this "Avigation Easement"); 3. The purpose of this Avigation Easement, and its acceptance by the City, includes granting the City an A vigation Easement permitting the unencumbered and unrestricted flight of aircraft to or from John Wayne Airport ("JW A"), owned and operated by the County of Orange, without liability to the City, to the aircraft operator, or to any other person lawfully operating aircraft to or from JW A in the navigable airspace of the United States (as defined at 49 U.S.C.S. S40102(a)(30)), and as that section of the United States Code (and the referenced regulations) existed on the effective date of this A vigation Easement, and in accordance with relevant regulations of the United States of America and the State of California, pursuant to the authority granted to the County Grant of Avigation Easement DOCSOCIlII0339vll/24579-0001 E-l ~