HIGHWAY EASEMENT DEED

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1 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: State of California Department of Transportation 3347 Michelson Drive, Suite 100 Irvine, California Attn: Evangelina Washington, R/W Titles and Escrow THIS SPACE FOR RECORDER S USE ONLY This office is exempt from filing fees under Government Code 6103 & No tax due for Revenue & Taxation Code APN: N/A Unincorporated area of Orange County Incorporated - City of Costa Mesa OCFCD Parcel/Project: FO1-356/Santa Ana Delhi Channel Caltrans Parcel/Project: Parcel /EA 0R00D_-2E2 HIGHWAY EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt and adequacy of which is hereby acknowledged, does hereby GRANT to the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as DISTRICT" STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter referred to as "STATE", in an "as is" condition, easement RIGHTS, TITLE and INTEREST in and to that certain real property in the County of Orange, state of California ( Parcel ), legally described in Exhibit A and illustrated in Exhibit B, which Exhibits are attached hereto and made a part hereof. STATE acknowledges that DISTRICT s rights in the Parcel consist of fee ownership rights, and STATE further acknowledges that pursuant to the terms of that certain unrecorded Santa Ana Delhi Channel Agreement F01- dated between STATE and DISTRICT, STATE has improvements on and over the Parcel. STATE has the obligation to maintain the structural integrity of the highway improvements in the HIGHWAY EASEMENT area over any STATE s improvements located in Easement Area. STATE must also maintain a 50 foot (ft.) by 50 foot (ft.) area around the maintenance access shaft that is located within Easement Area when the DISTRICT s personnel are at the access shaft. Santa Ana Delhi Channel - OCFCD Easement to State of California (Highway Easement) Page 1 of 8

2 DISTRICT shall not change the existing grade or otherwise modify the topography of property affected by this easement without prior written consent of STATE. No additional permanent buildings or other permanent structure(s) of any nature shall be constructed or maintained upon any portion of the easement area without DISTRICT approval. DISTRICT shall not plant trees. DISTRICT s access over and across this easement shall be reasonably maintained by STATE during the term of this easement. DISTRICT covenants and agrees to the terms and conditions as described in Exhibit C, attached hereto and made a part hereof, for use of the property specifically located beneath the STATE S improvements. Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to STATE of rights in the Parcel which exceed those owned by DISTRICT, or any representation or warranty, either express or implied, relating to the nature or condition of the Parcel or DISTRICT s interest therein. Approved as to Form Office of the County Counsel Orange County, California GRANTOR: ORANGE COUNTY FLOOD CONTROL DISTRICT By: Deputy Date: By: Scott Mayer Chief Real Estate Officer Per Minute Order dated Santa Ana Delhi Channel - OCFCD Easement to State of California (Highway Easement) Page 2 of 8

3 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On, 20, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Santa Ana Delhi Channel - OCFCD Easement to State of California (Highway Easement) Page 3 of 8

4 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of, 2016 Malcolm Dougherty Director of Transportation By Attorney in Fact Ricky Rodriguez, Office Chief Office of Right of Way & Land Surveys - District 12 Santa Ana Delhi Channel - OCFCD Easement to State of California (Highway Easement) Page 4 of 8

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8 EXHIBIT C Highway Easement Covenants for Use of the Property Specifically Located beneath the State s Improvements Such use shall be made of the surface only in such manner as will not interfere with, obstruct or endanger the use of said structure for State highway purposes. No flammable, volatile or explosive substances shall be manufactured, stored or held on or beneath the surface of the property other than gasoline, butane, or diesel oil contained in fuel tanks of vehicles operating or parking thereon. No vehicle designated or used for the purpose of transporting or distributing gasoline or other petroleum products will be parked on or stored on said property. No building or other structure shall be constructed within said property unless or until the plans have first been approved by State, which approval shall not be unreasonably withheld, and by any other public agency whose approval may be required. No facilities shall be installed, in contact with, or affixed to the highway structure without the express written approval of the State. The property shall be maintained in a neat and safe condition, free of debris and refuse. No vending shall be conducted, permitted, or allowed upon the property. No storage of materials whatsoever shall be permitted on the property. No activity deemed in STATE's reasonable discretion to be a potential fire or other hazard to the highway will be permitted. The operation and maintenance of the property will be subject to regulation by the STATE to protect against fire or other hazard impairing the use, safety, and appearance of the highway. The occupancy and use of the area shall not be such as will permit hazardous or unreasonable objectionable smoke, fumes, vapors or odors to rise above the grade line of the highway ("Nuisances"). Should any Nuisance occur, STATE may, upon ten days written notice, during which USER shall have an opportunity to cure, enter upon the property to eliminate said Nuisance. USER agrees to pay STATE's reasonable costs related to removing nuisances to the extent such nuisance was caused, or contributed to, by USER. USER agrees to pay STATE'S damages, including, without limitation, reasonable legal fees, litigation and court costs incurred in collecting costs or enforcing the provisions of this paragraph. Hazardous materials are those substances listed in Division 4.5. Chapter I 1. Article 1-5 of Title 22, California Code of Regulations, or those which meet the toxicity, reactivity, corrosivity or flammability criteria of Article 11 of the above Code, as well as any other substance which poses a hazard to health or environment. USER shall not use, create, store or allow any such substances on the property. Fuel stored in the fuel tank of a motor vehicle for the exclusive use in such vehicle is excepted. Page 8 of 8

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