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FULL PACKET_2016-11-15
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FULL PACKET_2016-11-15
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11/14/2016 10:36:42 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
11/15/2016
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EXHIBIT E <br />airspace such noise as may be inherent in the operation of aircraft, now knmivrt at hereafter used for <br />navigation of or flight in [lie said airspace, and for use of said airspace for landing on, taking off from or <br />operating on John Wayne Airport. <br />B. DISTRICT by entering into this easement, expressly agrees, for itself, its successors and assigns, <br />that it will not croetnor permit the creation of a y stntatoro or building nor permit object Of natural growth or <br />other obstruction on the above described real property above a height as determined by the application of the <br />requirements of 14 C.C.R., Part 77 (PAR Part 77), In fire event the aforesaid covenant is breached, <br />COUNTY reserves tie right to enter on the above described real property and to remove the offending <br />strueturo or object and to cut the offending natural growth, all of which shall be at the expense of the <br />DISTRICT. <br />C. DISTRICT by entering into this casement, expressly agrees, for itself, its successors and assigns, <br />that it will not make use of the above described real property in any mamror which might interfere with the <br />lauding and taking oil' of aircraft at the John Wayne Airport, or otherwise constitute an airport hazard. In the <br />event the aforesaid covenant is breachmd, the COUNTY reserves the right to enter on the said real property <br />and camo the abatement of such interference at the expense of DISTRICT. <br />D• DISTRICT expressly agrees, for itself, its successom and assigns, that if required, it will file <br />Pedoral Aviation Administration (pAA) form 74604, Notice of proposed Comahuction or Alteration (or <br />such other official form as designated), for the purpose of nhspace avalnation fur any and all current amt <br />fina'e construction or modification proposed on the above described real property. <br />G. AIM "SECTION 5 <br />The fallowing section is hereby added to the Basement as Section 5: <br />Section 5. ACCESS TO EASEbIENT' AREA <br />DISTRICI:' agrees to notify GRANTOR's Airport Director or designee prior to DISTRICT'S <br />commencement of, repair or relocation worst In the Easement Area. GRANTOR shall have the right to <br />designate tie access to the Easement Area through GRANI'OR's property by written notice to DISTRICT. <br />This doaignated access route shall reasonably acconnnodate DISTRICT'S maintenance vehicles. In the <br />event of a need far tlhe GRANTOR to change tie somas location, GRANTOR shall attempt to give ten <br />(10) days written notice. Said notice shall be given by Airport Director or designee. <br />II. ADD SECTION 6 <br />The following section is heeby added to the Easement as Section 6: <br />Section 6. REMOVAL AND /OR ABANDONMENT <br />DISTRICT agrees that in the event the service for which said facilities were constructed is <br />ordered discontinued and DISTRICT is not required by law, title, or, regulation of any governmental <br />authority to furnish said service or in the event the use of the facilities ceases for a period of more than <br />one (1) year without writ ai notice fram DISTRICT to GRANTOR of the circumstances affecting such <br />suspension and of DISTRIC'T'S intention to resume usage of the facilities, DISTRICT, at :Director's <br />request, and at no cost to GRANTOR, shall promptly remove and /or abandon any portion of said <br />facilities owned, operated, and maintained by DISTRICT, after reoeipt of written notice from Airport <br />Director to remove and/or abandon Lh the event of such removal and/or abandonment, DISTRICT <br />shall execute and record in the Official Records of Orange County, California, a Quitclaim Deed <br />sufficksin to remove the encumbrance of this casement from title to the Easement Area. <br />Page 4 (if 7 <br />Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 61 of 69 <br />20C -71 <br />
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