23A - PROJ - DELHI CHANNEL PROJECT

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EXHIBIT E D. ADD SECTION Thc£ollowing is hereby added to the Easement as Section 2: Section 2. All notices, documents, correspondemo, and conununieations concerning the ,perpetual easement shall be addressed as set fortis in this paragraph, or as the parties only hereafter designate by written notice, and shall be sent thivugh the Unroll States mail, duly registered or oortilied with Postage prepaid. Any such nuriGng shall he domue<t served ar delivered twonlyefour (24) boors. eller nmlling. Estill Party may change the addressfor notices by giving the miner party at least ten (10) calendar days prior written notice of the new address. Notwithstanding the shove, a party may also provido notices, doeaments, Correspondence, or such other con rminications to the other party by personal delivery or regular mail and, so given, shall be deemed to leave been given upon receipt if provided by personal delivery or folly -eight (48) hours after malting ifprovided by regular mail. If to GRANTOR: County of Orange cls 101111 Wayne Airport Airport Director 31.60 Airway Menne Costa Mesa, CA 92626 Faesimile:(949)'252-5174 RE: Santa Ana -Delhi Diversion Project Irto DISTRICT; Orango County Flood Control District do Director, OC Public Works P. O. Box 4048 RB: D15 -C 13 Santa Ana -Delhi Diversion (FCl) Santa Ana, CIA 92702-4048 E. ADD SECTION 3 The following is hereby nttdod to die Easement as Section 3: Sectio0. GRANTORagrees that it shall not grant any surface, subsurface oraerial rights in the Easement Meats will unreasonably haterfaro with or prohibit the use by DISTRICT of the right's and easement herein granted, GRANTOR reserves all rights compatible with and not prejudicial to DISTRICT exercise of the rights and coisement herein granted; provided, n , improvements shall be contracted, placed or permitted within, upon, under or above the Easement Alva oldil such construction and/or mainterrsnco plans have first boon approved in mriting by the Airport Director and the Director of Public Works of County of Orange or thch designees. D'u•oetor approval of GRANTOR"s plans shall not be deemed approvat from die standpoint of ahuohiral safety, suitability for Purpose or conformance with building or other codes or, other governmental requirements. P. ADD SECIION 4 The following is hereby added to this Ensement its Section 4: Section 4. PAA CONDITIONS AND RESERVATIONS A. COUNTY hereby reserves unto itself and its operator John Wayne Airport, and their respective successors and assigns, for the use laid benefit of the public, a light of flight for flue passago of ain'crnfi in the airspace above the surface of the above described red properly, together with the right to cause in said Page 3 of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 60 of 69 23A-116