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Contract - Krueger - 1977-10-20 (1 C , i „ I copy A C R E E h E N T THIS AGREEMENT made and entered into on the.' day of c� ;/ 19 -77 by and between the COSTA MESA SANITARY DISTRICT hereinafter referred to as "DISTRICT" and JERO11E J KRUEGER and JANE T KRUEGER as TRUSTEES the owners of the real property interest conveyed hereby hereinafter referred to as "GRA,''OR" W I T N E S S E T H T H A T WHEREAS the DISTRICT did on lay 4 1977 declare and find that it is in the public interest to ac.uire certain real property interests for sanitary sewer purposes by condemnation if necessary — including the subject property herein and WHEREAS the DISTRICT has retained the services of Mark Hasker Byer M A I as appraiser to establish the fair market value of said real property and WHEREAS the GRANTOR intends to convey an easement over under across and through a portion of the subject property as set forth herein by this negotiated Agreement as well as a temporary construction easement over a portion of the subject property NOW THEREFORE the parties mutually' covenant and acres as follows 1 GRANTOR agrees to sell and DISTRICT ,green to purchase an easement over under across and through the subject property located on th- south side of Paularino Avenue east of Bristol Street in the City of Costa kssa County of Orange State of California more par- ticularly described on Exhibit A" attached hereto and incorporated herein by reference as weIl ar a temporary construction eas_ment across �ubjict propert, more particularly described on Exhibit 'B' attached hereto and incorporated herein by re erence II DISTRICT shill pay and GRr1dTOR sha I accept he sum of as he ful I and comple o purchasr pric' for the si bjnrt e s men herein .ccJired said urn pa; bl in cash wh.n all dorumEnt; a reur'/ to r cord 111 Contemporaneously with the execution of this Agreement GRANTOR shall execute and deliver to DISTRICT an EASEMENT DEED conveying said sanitary sewer easement to the DISTRICT as well as said temporary construction easement IV GRANTOR agrees and warrants that the signatures affixed hereto and on said EASEMENT DEEDS are those of all the owners of subject property and that title conveyed to DISTRICT shall be a good and marketable title free and ciear of ail liens encumbrances defects or burdens except General and Special County Taxes for the fiscal year 1977-78 a lien V The risk of loss if any shall remain with GRANTOR until such time as DISTRICT has actually taken physical possession of the subject property interests by its authorized representatives VI The DISTRICT shall bear all the following costs Recording fees escrow fees notarial fees documentary and transfer if any title insurance fees mortgage reconveyance fees and costs of drawing said documents GRANTOR shall bear all the following costs all costs if any to convey marketable title VII Each party warrants that the person signing herein has the power and authority to bind said party and does so• bind said party his heirs assigns personal representatives or other successors in interest The singular shall include the plural and the masculine the feminine and vice-versa as used herein VIII Time is of the essence of this Agreement and each party shall execute all documents necessary to effectuate the intent herein -2- IX DISTRICT hereby agrees to protect defend indemnify and hold GRANTOR harmless from and against any and all attorney's fees costs, expenses or damages of any nature by reason of injury sustained by any person including death at any time resulting therefrom, or by reason of loss of loss of use of injury to or destruction of property including consequential damages of any nature resulting therefrom arising out of the performance of sewer construction work by or on behalf of DISTRICT or any subcontractor or others performing on behalf of DISTRICT in or upon the easement granted or upon that portion of GRANTOR'S property temporarily used by DISTRICT for construction work The aforesaid hold harmless agreement by DISTRICT shall apply only to damages or claims for damages suffered or alleged to have been suffered by reason of acts or omissions of DISTRICT or any subcontractor or others performing on behalf of DISTRICT and only in or upon the easement granted or upon that portion of GRANTOR'S property temporarily used by DISTRICT for construction work GRANTOR shall not be indemnified or held harmless by DISTRICT for damages or claims of damages resulting solely from GRANTOR'S acts or omissions upon those portions of GRANTOR'S property retained by him and over which GRANTOR exercises exclusive dominion and control DATED on the day and year first above written COSTA MESA SANITARY DISTRICT President ATTEST GRANTORS Assistant Secretary I \ j)Th Jerome J Krueger APPROVED AS TO FORM 6 Jane t Krueger At orney A -3- EXHIBIT "A" The Easterly 10 00 feet of the Westerly 18 00 feet of Parcel A as shown on a- Parcel Map recorded in Book 38 page 3 of Parcel Maps records of Orange County California STATE OF CALIFORNIA, ss. COUNTY OF Orange )) ON December 21 19 77 before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J Krueger and Jane T . Krueger ,known to me, to be the persons whose names are subscribed to the within Instrument, _ OFFICIAL SEAL .t and acknowledged to me that the.'executed the same. j 1 KAREL GARRISON 1 :: " � riOTaRY PUBLIC CALIFORNIA WITNESS my hand and official seal. X ORANGE COUNTY 1 / ,�� �,_}�_ .� 4_ _ Ay comm. expires OCT 23, 1979 I L—t�F// 1 Notary re m and for said State U I — — ACXNOwLECGMENT—General—WOlcotts Form 233—Rev 3-6E --— EXHIBIT "B" The Westerly 8 00 feet of Parcel A as shown on a parcel map recorded in Book 38 page 3 of Parcel Maps records of Orange County California I 1 1 Paularino Qv¢nua " — 253 o-r e— — — 0 v } 8 ii\ N , N11 — r k , ! I d ; i w; d . L 4- 1 \ CI\ y 7 Tt SCAL E I =i00I Co I I l / —) I17- �e 1 I ; ' i " ( i (1 e, a) ■ d 61 I ni rl di 1 Oi _ - _ _ IL I Y ■ t — 383 23 > — Ea 2 i Str¢¢i- _ -- — - ---- -- - --e -- — — -- -- 2G5 63% I- i • I I i SANITARY SE \A/ tQ CON STGZUGTIONJ E.ASE. NAeNT COSTA MESA SAN ITAELY 0ISTCZ IC Bristol Paulart no Sewer Pro j_N °_l_l 12100 34 • 6,.2,_ A F .4l C3i 36 I ),71,1)-{- f} Ili 11 SI IA Fri-it l..4 I r;r-I r(-3 (,, ,c,•-,..L.,c II el — 11 -- 2'7-a 0 'III I ii 0 1 _r_.. lefi 1 , I I I I "- -.rDI 1 1 ., ft I i U t I i A i I N I r 4 h I } I/ } ,■ 4 i i\ I 1 II ■ 11 \ ---k I 9 4 I t I e; I i I I _ 1 II -I- N 1 \ I It II 4 I l 1 I I II .4 I4D ?I____I I I ,, I---I 9 7 - , I 1 , ---; !I, t 4 I i ti 1 . 1 .1 tI a I 1 } }44 S II I I, I __ I :1 I 1 }i I I r• 41 I} }I 14 L , III I (I lr 1 I I C`I c4 I 'S FI I jI _1 11) I !I I ( i I ./ I III I I I II I III 1 i i \I 11 II — n : .1 4 I 1 -- -- 114. j 1 i t_ ‘11 i t I? *--/ , iel) •—• ; , ,--- . ,— .._,.— .....-D ...,_. i C: .1 C5 t: it 4 .1 E t---: -^, -3 Cm-' — 1 ' I ?.— I.-- t-t- c--.--) c,f„-t-2; it 1)--- ; a ) ------------,------,,,,,.----,-.-..,....-,—,, ,.,_--,--..,-- --arm----- -,...--- ..,-.