(1) The subdivider, as grantor, grants to the McKinleyville Community Services District, its successors and assigns, a perpetual easement to use, impact and encumber subdivider’s Property with odors emanating from the sewage treatment facility of the McKinleyville Community Services District located upon the real property described in section 329.1-6. The purpose and intent of this grant of easement is to enable the McKinleyville Community Services District to continue to operate its sewage treatment facility in accordance with past practices and requirements of law without adversely impacting or impairing such operations notwithstanding the fact that grantor has changed, or will change, the character of the surrounding land from uninhabited agricultural or sparsely populated land to a more densely populated residential area. (Ord. 2011, § 1, 10/19/1993)

(2) Grantor, for his/her heirs, successors and assigns, recognizes that despite the use of the best available technology by the McKinleyville Community Services District, the sewage treatment facility may, in the course of normal operations conducted in accordance with all requirements of law, produce odors offensive to humans. (Ord. 2011, § 1, 10/19/1993)

(3) Grantor agrees that the presence of odors emanating from the sewage treatment plant upon grantor’s Property whether occasionally or in a persistent fashion may result in the decrease of the property value of said Property. Grantor recognizes that no action for inverse condemnation or other claim for the taking of or diminution in value of said Property shall be asserted, at any time, on account of or based upon the presence of such odors upon grantor’s Property notwithstanding that the presence of such odors may constitute a nuisance. Grantor, or his/her heirs, successors and assigns recognizes, covenants and agrees that the sewage treatment facility of grantee has been present since 1984 and that the facility provides critical public services to the community of McKinleyville which will be affected by Grantor’s proposed development of the Property, as well as a benefit to the Property itself. As between the interest of the grantor, his heirs, successors and assigns, and the interests of the grantee, grantor and those who subsequently acquire any part of the Property from him/her shall bear the financial consequences of any impairment of value of the property resulting from the ownership, operation and maintenance of the sewage treatment facility and its resultant generation of odors impacting the use and enjoyment of the Property. (Ord. 2011, § 1, 10/19/1993)

(4) Grantor covenants and agrees, in addition to the foregoing, to advise all purchasers of the Property, in writing, of the potential for adverse impacts upon and interference with the use and enjoyment of parcels of the Property due to the presence of odors emanating from grantee’s sewage treatment plant. Grantor, his/her heirs, successors and assigns, shall advise each initial and subsequent purchaser, in writing, of the risks involved in purchasing Property located in close proximity to grantee’s sewage treatment plant insofar as impacts due to odors is concerned. Grantor shall include in such written advice a recommendation to each potential purchaser that a personal inspection and investigation of the existing and potential extent of odors upon the Property should be completed prior to purchase. The receipt, by any successor or assignee of grantee, of any title report or title insurance policy which reflects the existence of the easement required by this Chapter as an encumbrance of the title to Property acquired by the successor or assignee shall constitute compliance with the requirements of this paragraph. (Ord. 2011, § 1, 10/19/1993)

(5) This grant and the covenants herein set forth shall be binding upon the heirs, successors and assigns of grantor, including all subsequent owners and encumbrancers of grantor’s Property. (Ord. 2011, § 1, 10/19/1993)