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SU0005773
Environmental Health - Public
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SU0005773
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Last modified
12/27/2019 8:42:10 AM
Creation date
12/27/2019 8:36:50 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0005773
PE
2622
FACILITY_NAME
PA-0500764
STREET_NUMBER
19730
Direction
N
STREET_NAME
WINDWOOD
STREET_TYPE
DR
City
WOODBRIDGE
APN
01502061
ENTERED_DATE
11/21/2005 12:00:00 AM
SITE_LOCATION
19730 N WINDWOOD DR
RECEIVED_DATE
11/16/2005 12:00:00 AM
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
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EHD - Public
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t <br /> SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE <br /> This Settlement Agreement is made effective on between <br /> WOODBRIDGE SANITARY DISTRICT(hereinafter referred to as "District"), on the <br /> one hand and EWALD HOWARD NORDMAN, Trustee of the EWALD NORDMAN <br /> 1993 REVOCABLE TRUST,MARY NORDMAN, WESLEY NORDMAN, Trustee of <br /> the WILLIAM E. NORDMAN 2003 REVOCABLE TRUST, and MURIEL L. <br /> GL YNUP, Trustee of the MURIEL GUYNUP 1991 REVOCABLE TRUST(hereinafter <br /> referred to as"Landowners"), on the other hand (hereinafter collectively"Parties"). The <br /> term "Agreement" shall mean this settlement agreement. <br /> Recitals <br /> WHEREAS on or about April 25, 1997,District filed a lawsuit in the Superior <br /> Court of California, County of San Joaquin, Case No. CV002313, against Landowners <br /> seeking to acquire certain interests in real property by eminent domain for the purpose of <br /> augmenting existing land disposal facilities at the District's water treatment plant which <br /> would allow the District to maintain the existing-level of capacity at the plant to properly <br /> and safely dispose of water treated at the plant(hereinafter"First Action"). <br /> WHEREAS on or about July 1, 1997, in furtherance of those purposes,pursuant <br /> to an order of the San Joaquin County Superior Court, issued April 25, 1997,District <br /> took possession of an approximate 7.9 acre parcel of real property, more specifically <br /> described in Exhibit"A"attached hereto and incorporated herein by this reference <br /> ("Subject Property"). The Subject Property is entirely outside the existing boundaries of <br /> the District. Since that time,District has continuously occupied and possessed the real <br /> property described in Exhibit"A" and has constructed and used land disposal facilities on <br /> the Subject Property. <br /> WHEREAS on or about November 12, 1999,District abandoned the First Action <br /> and paid the fees and costs of defendant pursuant to Code of Civil Procedure § 1268.510. <br /> WHEREAS at the time of abandonment, the Parties agreed to have the Superior <br /> Court of San Joaquin County determine just compensation for the District's use and <br /> occupation of the Subject Property from July 1, 1997 to a date upon which exclusive <br /> possession was returned to the Landowners. The District has continued to use and <br /> occupy the Subject Property up to the present time. <br /> WHEREAS on or about June 19, 2001, the District filed a second lawsuit in the <br /> Superior Court of California, County of San Joaquin, Case No. CVO 14583 against <br /> Landowners seeking to acquire the same real property interests by eminent domain for <br /> the same purposes (hereinafter"Second Action"). The two actions are sometimes <br /> collectively referred to as the"Lawsuits." <br /> 1 <br /> 368557-6 <br />
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