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u ,I. -tVV V t 7. V ;,, TEL:948-4979 14o. V I)If F, `f'. 403 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE j i� I: This Settlement Agreement is made effective on etit _g 43 WOODBRIDGE SANITARY DISTRICT(hereinafter referred to as"District"), on the one hand and EWALD HOWARD NORDMAN,Trustee of the EWp,LD NORDMAN . -,1E%4 t 1993 MVOCA13LE TRUST, MARY NORDMAN, WESLEY NORDMAN, 7),lurtee of the WTLLiAM E.NORDMAN 2003 REVOCABLE TRUST,and MORCEL L. GUYNUP, Trustee of tlto MMEL GLrM? 1991 REVOCABLE'CRUST(hereinafter referred to as"LandowneTs'),on the other hand(h6reinafter eollccti.my"Parties"). The tem, "Agreement" shall mean this settlement agreement. Rocitais WHBREAS on or about April 25, 1997, District filed a lawsuit in the Superior Court of California,County of Safi 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 Distriet'a water treatment plant which would allow the District to maintain the existing level of capacity at the plant to properly and safely diaposa ofwater treated at the plant(hereinafter"First Action"). WHEREAS on or about July 1, 1997, in fardierance 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 reed property,more specifically described in Exhibit"A" attached hereto and incorporated herein by chis 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 Yroceduro § 1268.510. WHMAS 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 the Subject Property from July 1, 1997 to a date upon which exclusive possession was returned to the Landownorc. 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 the Superior Court of California,County of San Joaquin, Case No. CVO 14583 against Landowners cooking to acquire the same real property interests by eminent domain for the same purposes (hereinafter"Second Action'). The two actions are sometimes collectively referred to as the"Lawsuits." . 1 36tlSS7-G