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EXHIBIT E <br />airspace such noise as may be inherent in the operation of aircraft, novo known or hereafter used for <br />navigation of or flightin fire 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 ileal£, its successors and assigns, <br />---.--that it any- strueture or buildingnor=per-mit-object of natural-growth-oi - <br />other obstruction on. thte above described real property above a height as determined by the application of the <br />requirerpents of 14 C.F.R., Part 77 (FAR Part 77), In the event the aforesaid covenant is breached, <br />COUNTY xeseives the right to enter on the above described real property and to remove the offending <br />structure or object and to cut the offending natural growth, all of which shall be at. rite expense of the <br />DISTRICT. <br />C: DISTRICT by entering into this easement, expressly agrees, fbr itself, its successors and assigns, <br />that it will not make use of the above described real property in any manner which right interfere with the <br />landing and taking off of aircraft at the John Wayne Airport, or otherwise constitute an airport hazard. In the <br />event the aforesaid covenant is breached, .the COUNTY reserves the right to enter on the said real property <br />and cause the abatement of such intcrference at the expense of DISTRICT. <br />D. DISTRICT expressly agrees, for itself, its successors and assigns, that if required, it will file <br />Federal Aviation Administration (FAA) Form 7460-1, Notice of .Proposed Construction or Alteration (or <br />such. other official form as designated), for fire purpose of aitspa€;e evaluation: for any and all current and <br />future construction or modification proposed on the above described real. property.. <br />G.. ADD ST,C,' J [ 5 <br />The following section is hereby added to the Easement as Section 5. <br />Section 5, ACCESS TO EASEMENT AREA <br />DIS'T'RICT agrees to notify GRANTOR's Airport .Director or d6signee prior to DIS'I`12ICT's <br />commencement of, repair or relocation work in the Easement Area. GRANTOR shall have fire right to <br />designate the access to the Easement Area through GRANTOR's property by written. notice to DISTRICT. <br />This designated access route shall reasonably accommodate DISTRICT"S maintenance vehicles. In tl.te <br />event of a need for the GRANTOR to change the access location, GRANTOR shall attempt to give ten <br />(Ttf) days written notice. Said notice shalt be given by Airport Director or designee. <br />II_ ADT) SEC11ON 6 <br />The following section is hereby added to the Easement as Section 6: <br />Section 6. REMOVAL ANDIOR ABANDONMENT <br />DIS'T'RICT agrees that in the event the service for which said facilities were constructed is <br />ordered discontinued and DISTRICT is not required by law, rule, or, reputation of any governmental <br />authority to furnish said service or in the event lite use of the facilities ceases for a period of more than <br />one (1) year without written notice from DISTRICT to GRANTOR of the circumstances affecting such <br />suspension and of DISTIRIC..T'S intention to resume usage of the facilities, DISTRICT, at Director's <br />request, and at no cost to GRANTOR, shall promptly remove andlor abandon any portion of said <br />facilities owned, operated, anis maintained by DISTRICT, after receipt of written notice from Airport <br />Director to remove and/or abandon. In 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 />sufficient to remove the encumbrance of this casement from title to the Easement Area. <br />Page 4 of <br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 61 of 69 <br />