1970-0413_WILLIAMS, CHARLES R. AND DOROTHY M_ROW Agreementf
0
RIGHT OF WAY AGREEMENT
OSO INTERCEPTOR SEWER
THIS AGREEMENT, made and entered into this A&WClay
of r
1970, by and between the CITY OF SAN JUAN CAPIS-
TRAN , hereinafter referred to as
"CITY"
and
RECITALS:
CHARLES R. WILLIAMS and DOROTHY M. WILLIAMS, his wife,
hereinafter referred to as
"WILLIAMS".
W I T N E S S E T H:
1. CITY, in connection with the construction of the
Oso Interceptor Sewer requires certain rights of way within
which to place its sewer mains.
2. A portion of one such right of way passes through
the property of WILLIAMS and WILLIAMS is willing to grant an
easement for sewer main purposes over certain portions of their
property.
3. CITY, in consideration of WILLIAMS granting such
sewer easements at no cost to CITY is willing to compensate
Williams in kind by granting sewer connections at no cost to
WILLIAMS in sufficient numbers to balance out the value of the
land taken.
4. The parties hereto have reached an agreement as
to the balance of values and have set forth in this agreement
the credits to be given.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
herein contained and for other valuable consideration, the par-
ties hereto do agree as follows:
TERMS:
A. WILLIAMS will, at no cost to CITY, tender to CITY
simultaneously with the execution of this agreement, Easement
Grant Deeds for sewer main purposes covering the right of way
required by CITY. The execution of this agreement by the par-
ties hereto will serve to acknowledge the delivery to and the
acceptance by CITY of said Easement Grant Deeds.
B. CITY agrees to furnish to WILLIAMS at no cost
eleven (11) sewer connections upon the property of WILLIAMS.
WILLIAMS will be entitled to said eleven (11) sewer connections
regardless of any future fluctuation in unit costs charged for
sewer connections.
C. It is agreed that the cost of any sewer connections
in excess of the eleven (11) mentioned in the preceeding para-
graph will be borne by WILLIAMS and it is further understood
and agreed that WILLIAMS will remain liable for their share of
the cost of oversizing of the Assessment District 66-1 sewers.
D. It is further understood and agreed that the
WILLIAMS` property (being generally described as AP 637-080-14)
will not now nor in the future be liable for any of the costs
of the construction of the Oso Interceptor Sewer.
E. Should CITY eliminate sewer connection fees in the
future before WILLIAMS has made use of the eleven (11) such con-
nections to which they are entitled hereunder, then, in that
event, CITY will compensate WILLIAMS for the easements granted
in an "equivalent manner" upon terms to be determined at that time.
F. CITY agrees to construct a new 12 -inch Class 100 AC
water line to replace the existing water line that is in the
alignment of the proposed sewer. The new line shall be connected
to the existing line in a manner that interrupts service for a
minimum amount of time and shall be done in cooperation with the
affected property owners.
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IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of the day and year hereinbefore first
written.
CITY OF SAN JUAN CAPISTRANO,
a Municipal Corporation,
BY
MAYOR
"CITY"
ATTEST:
pp 1. N4 V
Cit Clerk of the City of
San Juan Capistrano
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Charles R. Williams
DoiZbthy M. Williams
"WILLIAMS"