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7Cuc i. �. zuu�+; y:V 1f"1 & B TEL:948-4979 Oyu. a ��+ r `�? 403 f �d w C,4aipI -6uh. R v q 00 7 SETTLEMENT AGREEMENT AND MUTUAL GENERAL R&LEASE This Settlemont Agreement is made effective on ' 'between WOODBRIDGE SANITARY DTSTRTCT(hereinafter referred to as``District"),op the F,y T A L one hand and EWALD HOWARD NORDMAN, Trustee of the EWa,LD NORDMAN "R VENT 19931EVOCABLE TRUST, MARY NORDMAN,WESLEY NORDMAN, Tllustee of the WILLIAM E.NORDMAN 2003 REVOCABLE TRUST, Qnnd MUIdEL L. GLYNUP, Trustee of the MURIEL GUYNUP 1991 REVOCABLE TRUST(hereinafter referred to as"Landowners"),on the other hand(hbreinaher collccti.sly"Parties"). The temp "Agreement" shall mean this settlement agreement, Recitals WHBREAS on or about April 25. 1997,District filed a lawsuit in the Superior Court of California,County of Scut Joaquin,Case No. CV002313, against Landowners seeking to acquire certain interests in real property by eminent domain for the purpose of augmenting existing land disposal facilities at the District's water treatment plant which would allow the District to maintain the existing level of capacity at iho plant to properly and safely dispose of water treated at the plant(hereinafter"First Action"). WHEREAS on or about July 1, 1997, in Rutlterance of those purposes,pursuant to an order of the San Joaquin County Superior Court, issued April 25, 1997, District took possession of an approximato 7.9 acre parcel of real property,more specifically described in Exhibit"A"attached hereto and incorporated herein by this reference ("Subject property"). The Subject Property is entirely outside the existing boundaries of the District. Since that time,District has continuously occupied and possessed the real property described in Exhibit"A"and has constructed and used land disposal facilities on the Subject Property. WHEREAS on or about November 12, 1999,District abando'+ied the First Action and paid the fees and costs of defendant pursuant to Code of Civil Procedure § 1268.510. WHEREAS at the time of abandonment,the Parties agreed to have the Superior Court of San Joaquin County determine just compensation for the Diitriet's use and occupation of tho Subject Property from July 1, 1997 to a date upon which exclusive possession was returned to the Landowners. The District has continued to use and occupy the Subject Property up to the present time. WHEREAS on or about June 19,2001, the District filed a second lawsuit in dte Superior Court of California,County of San Joaquin, Case No. CVO 14583 against Landowners seeking to acquire the same real property intoreso by eminent domain for the same purposes (hereinafter"Second Action'). The two actions a;s sometimes collectively referred to as the"Lawsuits." . t ?6tls57-G