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20C - AA - DELHI CHANNEL PROJ
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20C - AA - DELHI CHANNEL PROJ
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Last modified
11/10/2016 3:50:12 PM
Creation date
11/10/2016 3:43:16 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
20C
Date
11/15/2016
Destruction Year
2021
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EXHIBIT E <br />D. ADD SECTIDN2 <br />The following is hercbyadded to the Eascruent as Suotion 2: <br />Section 2. All notices, documents, correspondence, and couununioatimis-concerning due perpetual <br />easement shall be addressed as set forth in this paragraph, or as the parties may lierea'fW designate by <br />written notice, and shall bo sent dnough the United States mail, duly registered or certified with postage <br />prepaid. Any such mailing shall be deemed sawed or delivered twenty-four (24) hoursaftermailing. Each <br />party may change the addressfor notices by giving the other party at least ton (l)) calendar days prior <br />written notice of the new address. Notwithstanding the above, a patty may also provide notices, <br />documents, conrspondenco, or such other communications to tire other party by personal delivery or <br />regular mail and, so given, shall be deemed to have been givenupon roceipt if provided by personal <br />delivery a fortycight (4.8),hours after mniting if provided by regular mail. <br />if to GRANTOR; County of Orange <br />c/a John Wayne Airport <br />Airport Director <br />31.60 Airway Averse <br />Costa Meta, CA 92626 <br />Facsimile: (949) 252-5174 <br />RE: Santa Ana-Dolld Diversion Project <br />Ifto DISTRICT; Orange County Flood Control District iso <br />Director, OC Public Works <br />P. O. Box 4048 <br />RE: D15.013 Santa Ana -Delhi Diversion (F01) <br />Santa Alm, CA 92702.4048 <br />E. APD SECTION 3 <br />The fallowing is hereby added to die Easomenl as Section 3: <br />Section 3. GRANTOR agrees drat it shall not gran( any em4$ee, subsurface or aerial rights in lite <br />basement Area as will unreasonably hstetfore with a probibit die use by DISTRICT of the right% and <br />ousematrt herein granted. <br />GRANTOR reserves all rights compatible with and not prejudicial to DISTRICT eeercise <br />of due rights and easement herein granted; provided, or, improvements shall be constructed, placed or <br />permitted within, upon, under or above the Easement Area until such construction and/or maintenance <br />plans have first been approved in writing by the Airport Director and the Director of Public Works of <br />County of Orange or their designees. Director approval of GRANTOR's plans shall not be deemed <br />approval from die standpoint of structural safety, suitability for purpose or conformance will, building or <br />other codes or other govenunental requirements. <br />E. ADD SECTION 4 <br />Tho following is hereby added to tine Easement as Section 4: <br />Section 4. FAA CONDITIONS AND RESERVATIONS <br />A. COUNTY hereby reserves nolo itself and its operator John Wayne Airport, and their respective <br />successors anti assigns, for the nun and banotlt of due public, a right of flight for the Passage of aircraft in the <br />airspace above die surface of the above doscribed real property, together with tine right to cause in said <br />Page 3 of 7 <br />Santa Ana -Delhi Channel Diversion Project Agreement DIS -013 Page 60 of 69 <br />20C-70 <br />
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