23A - PROJ - DELHI CHANNEL PROJECT

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EXHIBIT E 2. The County of linage, Board of Supervisors on _ __- approved Santa Ana -Delhi Channel Divorsionitrojuet Agrecmtmt D15=013 among GRANTOR, DISTRICT, City of Santa Ann, City of Newport l3each, City of Costa Moss, Orange County Nater District and the Irvine Ranch Water District in f athormce of n. regional watershed project to divert thy -weather urban discharge flows and trash. Prom tho 5anht Ana -Delhi Drverwion Clamrol to satisfy water quality compliance requirements ('Project"). 'hnplernentntion of'the Paojzct entails construction of a Diversion Stnrclure regpiring moditioaGons to tho existing Facility and installation of subsurface pumps, wet well, pipelines and a.sewer force main within a portion of the Easement Area, and ratligament of lit access road. 3. By this Amendment, the Parties intend to modify the existing Easement to add in additional easement area, ,referenced as Parcel F01. - _immediately adjacent to Parcel FOl- 215 by this Amendment. Parcels 1301.215 and Parcel Fol - _. 4. o1- 4. 'rhe Parties understand anti agree to comply with Hie terns, conditions and obligations of that certain Grant Deed recorded June 30, 1058 in Book 4332, Page 308 in the Official Records of Orange Canary, California which vests all rights,. title, and interest in the Easement Area (tri defined I emin below) with GRANTOR. S. The Parties intend to add terns to the existing Easement to foster col laboration. in their joint rise of the subject property, 6. Other than the, torus heroin, this Amendment shall not othcrwin affect, alter, or change the Easement. As to any inconsistency oxisling between with Hie terms of this Amendment and the terms in the Easement, cite Parties agree Hie terms of this Amendment shall control 7, For the nbavc stated reasons, the Patties agree to amend the Easement with the terms and conditions herein to apply to the Easement Area, NOW,, THERE FORK for valuable consideration, receipt of which is hereby acknowledged, tie Parties agree to the following terms, conditions, unit reservations: A. RECrrAL9 Each of the above Recitals is incorporated herein and is hue and correct. B. INSERT PARCEL P01- I tiGAT '17P+4CPiIP'PION A,�?D 1)Fljjf"J'I(7N GR.ANI'OR hereby oonveys to DISTRICT the ability to oxeroise its rights purmant to the Easement in, on, under and over land urtmediately adjaocmt to the existing Parcel FO 1-215 easement area, upon land reforrud to herein as Parcel E01- as doTned hl hih' nud dzpintud in'Lr.itiiVt B, each attached hereto and incorporated herein. C. ADD SECTION.1 'file following is hereby added to Hne Easement as Section 1: Section 1. The above legal description for Parcel 1701.215 Lord the attached legal description in RxII for Parcel POl- _ as depicted in Exhibit E, which exhibits are attachud hereto and by reference made a partInereof, shall collectively de'frnz the 0Tweement Area" for Hie rights conveyed herein. Page 2 of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 59 of 69 23A-115