|
EXHIBIT E
<br />AVIGATION EASEMENT
<br />RECORDING REQUESTED BY
<br />AND WHEN RECORDED RETURN TO:
<br />City of Santa Ana
<br />Clerk of the Council of the City of Santa Ana
<br />20 Civic Center Plaza, M-30
<br />P.O. Box 1988
<br />Santa Ana, California 92702
<br />EXEMPT FROM FILING FEES, CAL. GOVT CODE & 6103
<br />(Space Above Line for Recorder's Use)
<br />GRANT OF AVIGATION EASEMENT
<br />(John Wayne Airport)
<br />ASSESSOR PARCEL #
<br />RECITALS:
<br />1. The Grand Plan 1, LLC, a California limited liability company and The Grand Plan 2,
<br />LLC, a California limited liability company (collectively, the "Grantor"), is the owner of the fee
<br />simple estate in and to that certain real property situated in the County of Orange, State of California,
<br />commonly described as 1, 9 and 10 Hutton Centre and 101 E. Sandpointe Avenue, Santa Ana,
<br />California and more particularly described in Attachment No. 1, attached hereto and incorporated by
<br />this reference ("Subject Property");
<br />2. It is the desire of Grantor, for itself, its heirs, administrators, executors, successors,
<br />assigns, tenants, guests, and other persons in or using the Subject Property with the implied or
<br />express consent of Grantor, to grant to the City of Santa Ana, a political subdivision of the State of
<br />California (the "City"), an air and avigation easement, also known as a perpetual air, flight or noise
<br />easement, on, upon, over, across, above, or in the vicinity of the Subject Property, and to all of the
<br />Airspace (as hereinafter defined) above the Subject Property, whereby Grantor relinquishes certain
<br />rights relative to the Subject Property, as described in this Grant of Avigation Easement (this
<br />"Avigation Easement");
<br />3. The purpose of this Avigation Easement, and its acceptance by the City, includes
<br />granting the City an Avigation Easement permitting the unencumbered and unrestricted flight of
<br />aircraft to or from John Wayne Airport ("JWA"), owned and operated by the County of Orange,
<br />without liability to the City, to the aircraft operator, or to any other person lawfully operating aircraft
<br />to or from JWA in the navigable airspace of the United States (as defined at 49 U.S.C.S.
<br />§40102(a)(30)), and as that section of the United States Code (and the referenced regulations} existed
<br />on the effective date of this Avigation Easement, and in accordance with relevant regulations of the
<br />United States of America and the State of California, pursuant to the authority granted to the County
<br />Grant of Avigation Easement E-1
<br />DOCSOC/1110339v 11 /24579-0001
<br />75A-69
<br />
|