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Recording requested by: <br />And when recorded mail to: <br />City of Santa Ana <br />Clerk of the Council <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />copy <br />Return FULLLY EXECUTED Spaceabove <br />Copy to COTC, M-30 <br />for Recorder's use <br />A-2015-084-01 <br />O:PP,Pr(1) ASSESSOR PARCEL NUMBER (APN): f4l l-074-03 Parcel 11 <br />( R.PZR�shK flmv) F%q- <br />GRANT OF NON-EXCLUSIVE SURFACE & OVERHEAD AVIGATION EASEMENT <br />RECITALS <br />1. Legado at the Met LLC, a California limited liability company ("Grantor"), is sole <br />owner of the fee simple estate in and to that certain real property situated in the County of Orange, <br />State of California, commonly described as 200 East First American Way, Santa Ana, California, <br />and more particularly described on attached Exhibit "A" (the "Subject Property"); <br />2. It is the desire of Grantor to grant to the City of Santa Ana ("City") an air and <br />avigation easement, also known as a perpetual air, flight, or noise easement, on, upon, over, across, <br />and above the Subject Property, to all of the Navigable Airspace (defined below) above the Subject <br />Property, whereby Grantor relinquishes certain rights relative to the Subject Property, as described <br />in this Avigation Easement; <br />3. The purpose of this Avigation Easement, and its acceptance by the City, includes <br />permitting the unencumbered and unrestricted flight of aircraft to or from John Wayne Airport <br />("Airport" or "JWA"), without liability to the City of Santa Ana, the land use jurisdiction within <br />which the Subject Property is located, in the navigable airspace of the United States (as defined <br />at 49 U.S.C. § 40102(a)(32)) ("Navigable Airspace"); and <br />4. This Avigation Easement, and the covenants and agreements contained herein, is <br />intended to benefit the Grantor, the Subject Property, and the City of Santa Ana; shall run with the <br />land; and shall be binding on Grantor; Grantor's successors, heirs, and assigns; and on all future <br />owners, occupants and users of the Subject Property. <br />NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged: <br />I <br />