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INSURANCE NUI RLQLHRED WORK NAY PROCEED Return ORIGINAL JUN 0 9 2021 CLERK'OFCOUNfill executed copy toCOTC, M-30 DATE: Free 1Mb}tlmg Pursuant to Government Code § 27383 Recording requested by: And when recorded mail to: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 0'. P18 �1) (Berry &VAara) La N-2021-050 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111111111IIIII 11111II11111111IEI1111111IIIIIIIII1111111111111111 NO FEE *$ R 0 0 1 2 9 0 6 7 2 4 8* 2021000392592 4:30 pm 06114121 9 RWIlA G07 A04 9 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.o0 0.00 Space above this line for Recorder's use ASSESSOR PARCEL NUMBER (APN): [430-222-07 and 430-222-161 GRANT OF NON-EXCLUSIVE AVIGATION EASEMENT RECITALS 1. RHW Holdings, LLC, a California limited liability company ("Grantor"), is sole 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: 2300 South Red Hill Avenue, Santa Ana, California; 2310 South Red Hill Avenue, Santa Ana, California; and 2320 South Red Hill Avenue, Santa Ana, California, and more particularly described on attached Exhibit "A" (the "Subject Property"); 2. It is the desire of Grantor to grant to the City of Santa Ana ("City") an air and avigation easement, also known as a perpetual air, flight, or noise easement, on, upon, over, across, and above the Subject Property, to all of the Navigable Airspace (defined below) above the Subject Property, whereby Grantor relinquishes certain rights relative to the Subject Property, as described in this Avigation Easement; 3. The purpose of this Avigation Easement, and its acceptance by the City, includes permitting the unencumbered and unrestricted flight of aircraft to or from John Wayne Airport ("Airport" or "JWA"), without liability to the City of Santa Ana, the land use jurisdiction within which the Subject Property is located, to the aircraft operator, or to any other person lawfully operating aircraft to or from JWA in the navigable airspace of the United States (as defined at 49 U.S.C. § 40102(a)(32)) ("Navigable Airspace") (collectively `Beneficiaries"); and 4. This Avigation Easement, and the covenants and agreements contained herein, is intended to benefit the Grantor, the Subject Property, the City of Santa Ana, and all users of JWA; shall run with the land; and shall be binding on Grantor; Grantor's successors, heirs, and assigns; and on all future owners, occupants and users of the Subject Property.