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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. - 2 - 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 - 3 - Charles R. Williams DoiZbthy M. Williams "WILLIAMS"