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WARRANTIES AND COVENANTS
<br />5. Grantor holds the entire fee simple interest in the Subject Property.
<br />6. Grantor shall not convey its interest in the Subject Property, or execute, deliver,
<br />comply or permit recordation of any interest in the Subject Property, or any lien or encumbrance
<br />against the Subject Property (or any interest therein) until the earlier of the following events: (i) this
<br />Avigation Easement has been properly executed by Grantor, accepted by the City, and recorded by the
<br />Orange County Recorder; or (ii) thirty (30) days have elapsed after Grantor has delivered this Avigation
<br />Easement to the City, properly and fully executed and notarized, a complete and accurate application
<br />form, and hue and correct copies of all associated documents identified in the instructions provided to
<br />Grantor with this form of Avigation Easement.
<br />7. If the person executing this Avigation Easement is other than the Grantor, the person
<br />executing this Avigation Easement, or his or her attorney, has represented in documentation, separate
<br />from this grant, to the City that the person is duly and lawfully authorized by Grantor to relinquish
<br />certain rights relative to the Subject Property, as described in this Avigation Easement.
<br />GRANT OF AVIGATION EASEMENT
<br />8. Grantor, individually and for its successors, assigns, and other persons using the
<br />Subject Property with the implied or express consent of Grantor, hereby grants, conveys and assigns to
<br />the City, and to its successors and assigns, a perpetual non-exclusive avigation easement and right of
<br />way for the purposes of aircraft operations, aircraft sound and noise, aircraft hazard, and aircraft
<br />avigation and flight in, to, over and through all Navigable Airspace above the Subject Property as well
<br />as the imposition in, on, over and upon the Subject Property of noise, vibration, illumination, fumes,
<br />fuel particles, dust, discomfort or other environmental effects incident to such aircraft operations, and
<br />any and all annoyance, inconvenience, or other interference with or damage to the use and enjoyment
<br />of the Subject Property and such other property as may be present therein, and any consequent reduction
<br />in market value of the Subject Property, all due to the operation of aircraft to and/or from JWA. For
<br />purposes of this Avigation Easement, the term "aircraft" shall mean any contrivance now known or
<br />hereafter invented, used or designed for navigation or flight in the air.
<br />9. The Avigation Easement is for the use of such Navigable Airspace by any aircraft
<br />during operations to or from JWA present or future, in whatever form or type, including any future
<br />change to or increase in the JWA's boundaries and/or in the volume or pattern of aircraft traffic or
<br />aircraft noise, by all existing or future types of aircraft, up to and including a full calendar year noise
<br />impact as measured by Cumulative Noise Equivalency Level. This includes imposition on the surface
<br />of the Subject Property and on any and all structures on the Subject Property of such noise, vibration,
<br />fumes, fuel particles and other particulate matter, dust, discomfort or other environmental effects
<br />incident to such aircraft operations and any and all resulting annoyance, inconvenience, or other
<br />interference with the use and enjoyment of the Subject Property and any consequent reduction in
<br />market value.
<br />10. It is expressly intended by Grantor and the City that this Avigation Easement shall
<br />not supersede or impair any existing prescriptive, avigation, or other easements, rights, or interests
<br />of the City or its predecessor(s) in interest in or applicable to the Subject Property, all of which
<br />easements, rights, interests, and any remedies related thereto are expressly reserved by the City, if
<br />applicable.
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