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<br />EXHIBIT E <br /> <br />A VIGA TION EASEMENT <br /> <br />RECORDING REQUESTED BY <br />AND WHEN RECORDED RETURN TO: <br /> <br />City of Santa Ana <br />Clerk of the Council of the City of Santa Ana <br />20 Civic Center Plaza, M-30 <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br /> <br />EXEMPT FROM FILING FEES. CAL. GOV'T CODE & 6103 <br />(Space Above Line for Recorder's Use) <br /> <br />GRANT OF A VIGATION EASEMENT <br />(John Wayne Airport) <br /> <br />ASSESSOR PARCEL # <br /> <br />RECITALS: <br /> <br />1. The Grand Plan 1, LLC, a California limited liability company and The Grand Plan 2, <br />LLC, a California limited liability company (collectively, the "Grantor"), is the owner of the fee <br />simple estate in and to that certain real property situated in the County of Orange, State of California, <br />commonly described as 1, 9 and 10 Hutton Centre and 101 E. Sandpointe Avenue, Santa Ana, <br />California and more particularly described in Attachment No.1, attached hereto and incorporated by <br />this reference ("Subject Property"); <br /> <br />2. It is the desire of Grantor, for itself, its heirs, administrators, executors, successors, <br />assigns, tenants, guests, and other persons in or using the Subject Property with the implied or <br />express consent of Grantor, to grant to the City of Santa Ana, a political subdivision of the State of <br />California (the "City"), an air and avigation easement, also known as a perpetual air, flight or noise <br />easement, on, upon, over, across, above, or in the vicinity of the Subject Property, and to all of the <br />Airspace (as hereinafter defined) above the Subject Property, whereby Grantor relinquishes certain <br />rights relative to the Subject Property, as described in this Grant of Avigation Easement (this <br />"Avigation Easement"); <br /> <br />3. The purpose of this Avigation Easement, and its acceptance by the City, includes <br />granting the City an A vigation Easement permitting the unencumbered and unrestricted flight of <br />aircraft to or from John Wayne Airport ("JW A"), owned and operated by the County of Orange, <br />without liability to the City, to the aircraft operator, or to any other person lawfully operating aircraft <br />to or from JW A in the navigable airspace of the United States (as defined at 49 U.S.C.S. <br />s40102(a)(30)), and as that section of the United States Code (and the referenced regulations) existed <br />on the effective date of this A vigation Easement, and in accordance with relevant regulations of the <br />United States of America and the State of California, pursuant to the authority granted to the County <br /> <br />Grant of Avigation Easement <br />DOCSOC/1110339vll/24579-0001 <br /> <br />E-l <br /> <br />11 B-55 <br />