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<br />by the people and the State ofCalifomia. As agreed upon by the parties, this Avigation Easement is
<br />calculated by reference to the Airport Environs Land Use Plan ("AELUP") for JWA Years
<br />1990/2005 "Project Case" noise contours (as depicted in Appendix D of the AELUP for JWA dated
<br />December 19, 2002) plus 1.5 decibels ("dB") Community Noise Equivalent Level ("CNEL");
<br />
<br />NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged:
<br />
<br />WARRANTIES AND COVENANTS:
<br />
<br />Grantor warrants and covenants to the City that as of the date hereof:
<br />
<br />Grantor holds the entire fee simple interest in the Subject Property;
<br />
<br />Grantor shall not convey its interest in the Subject Property, or execute, deliver, or
<br />permit hereafter 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
<br />the Orange County Recorder; or (ii) thirty (30) days have elapsed after Grantor have delivered this
<br />Avigation Easement to the City, properly and fully executed and notarized.
<br />
<br />If the person executing this A vigation Easement is other than the Grantor, the person
<br />executing this A vigation Easement has represented to the City, in documentation separate from this
<br />grant, that he/she has been duly and lawfully authorized by Grantor to execute this A vigation
<br />Easement on behalf of Grantor.
<br />
<br />GRANT OF A VIGA TION EASEMENT
<br />
<br />Grantor, individually and for its heirs, administrators, executors, tenants, guests, agents,
<br />successors, assigns, and other persons in or using the property with the implied or express consent of
<br />Grantor, hereby grants, conveys and assigns to the City and its successors, and assigns, a perpetual
<br />non-exclusive and assignable A vigation Easement and the right to enter or penetrate into or transmit
<br />through the Airspace above, on or in the vicinity of the Subject Property for the unobstructed use,
<br />passage or operation of all types of aircraft and the right to create or generate all things and
<br />consequences to the Subject Property that may be, or may be alleged to be, incident to or resulting
<br />from the use and enjoyment of said Airspace and any and all related aircraft and airport operations,
<br />including, but not limited to, those impacts and effects described in Section 5.
<br />
<br />This A vigation Easement shall be for air navigation, airport operations, aircraft sound and
<br />noise, aircraft avigation and flight in, to, over and through the Airspace above the Subject Property,
<br />as well as the imposition in, on, over, upon or in the vicinity of the Subject Property of noise, sound,
<br />vibration, fumes, fuel particles, dust, discomfort or other environmental effects incident to such
<br />aircraft operations and any and all resulting annoyance, inconvenience, or other interference with the
<br />use and enjoyment of the Subject Property and any consequent reduction in market value, all due to
<br />the operation of aircraft to and/or from JW A, including landing at, taking off from, taxiing,
<br />maintenance, or other aircraft or related facility operations at or on JW A.
<br />
<br />This A vigation Easement is for the use of such airspace by any aircraft, present or future, in
<br />whatever form or type, during operations at, on, to, or from JW A, including any future change to or
<br />increase in JW A's boundaries and/or in the volume or pattern of aircraft traffic or aircraft noise, by
<br />
<br />Grant of Avigation Easement
<br />DOCSOC/II10339vII124579-0001
<br />Ordinance NS-2691
<br />Page 64 of 73
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