23A - PROJ - DELHI CHANNEL PROJECT

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EXHIBIT E airspaoo such anise as may be inhorent in the opuatiou of u1sxaft, now known. or hereafter used for navigation of or flight in the said airspace, and for use of said airspace lot landing on, taking off drom or operating on John Wayne Airport. B. DISTRICT by entering into this easement, expressly agrees, for itself, its successors acrd assigns, that it will not crootnor permit the erection of any strnetm•e or buildhng nor porrilit object of natural growth or other obstruction. on the above described real property above a height as doter mined by the application of the requirements of 14 C.R.R., Part 17 (TAR Part 77)1 In etre event the aforesaid covenant is broached, COUNTY reserves die right to enter on the above deaueibed real property and to remove the offending structure or object and to cut the offending natural growth, all of which shall be at tete expenso of the DISTRICT. C. DISTRICT by entering into this easement, expressly agrees, for itself, its successors and assigns, that it will not make use of the above described real property in any maturer which might interfere with the handing and taking off of aircraft at the John Wayms Airport, or otherwise constitute an airport hazard. In the event die aforesaid covenant is broached, the COUNTY reserves the right to enter on the said real property and cause the abatement of such interference at the expense of DISTRICT. D, DISTRICT expressly agroes, for itself, its successors and assigns, that if required, it will Ilio Federal Aviation Administration (RAA) Farm 7460-1, Notice of Proposed Construction or Altoration (or such other official farm as designated), fn the purpose of ahspaeo evalrtation for any and all current and future construction or modification proposed on die show described real proporty. G. AADDQ 9ECTI :W 5 The following section is hereby added to the F,asancnt as Section .5: Section 5. ACCESS TOEASE?vfENT AREA DISTRICT agrees to notify GRANTOR'a Airport Director or designee prior to DISTRICT's commencement of, repair or relocation work ht the Easement Area. GRANTOR shall have the right to dosigaato die access to the Easement Area through, GRANTOR's property by written notice to DISTRICT. This designated access route shall reasonably accommoilato DISTRIC'T'S maintomince velikles. In the event of a need for the GRANTOR to change the access location, GRANTOR stall attempt to give ren (10) days written notice. Said notice $hall be given by Airport Director or designee. 11. ADD SECTION 6 The following section is hereby added to the Easement as Section G: Section 6. REMOVAL AND/OR ABANDONMENT DISTRICT agrees that in the event the sc•vico far which said facilities wake oonahucted is ordered discontinued and DISTRICT is not retlairod by law, n le, or, regulation of any governmental authority to furttlah said service or in the event lire ase of die faeihdw ceases for a period of more than one (1) year without writtan.naticc train DISTRICT to GRANTOR of the circumstances affecting such suspension and of DISTRIC'T'S intention to resume usage of the luailiWes, DIST'RIC'T, at Director's request, and at no cost to GRANTOR, shall promptly reinove and/or abandon any portion of said facilities owned, operated, and maintained by DISTRICT, after receipt of wr'ina, notice from Airport Director to remove and/or abandon. In the event of such removal and/or abandonment, DISTRICT shall execute and record in the Official Records of Orange County, California, a Ouitelainr Deed sufficient to romeive ilia encumbrance of this oasomnnt from title to the Eascnren Area. Pago 4 of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 61 of 64 23A-117