Contract - Costa Mesa Union - 1965-09-17 �• / ' �i..::L
AGREEMENT
THIS AGREEMENT made and entered into the day and
year hereinafter set forth, by and between the COSTA
SANITARY DISTRICT, Orange County, California, hereinafter
referred to as "DISTRICT" and the COSTA MESA UNION SCHOOL.
DISTRICT, hereinafter referred to as "SCHOOL"
WITNESSETH:
WHEREAS, School proposes to complete construction
upon the school to be known as thew. -wLSchool on Bear
Street; and
WHEREAS, School requires sewer facilities for said
school, necessitating an easement for sewer purposes over
the hereinafter described property; and
WHEREAS, District, in consideration of the payment
to be made by School as herein set forth, agrees to condemn
said right of way for sewer purposes and to obtain imme-
diate possession thereof
- NOW, THEREFORE, the parties hereto mutually agree
as follows:
1. District agrees that it shall, immediately
upon the execution of this agreement, file its action in
Eminent Domain to acquire the hereinafter described ease-
ments for sewer purposes and to obtain immediate possession
2. District further agrees that upon obtaining
immediate possession of said rights of way, it will, and
by this agreement does, authorize School to enter into
said rights of way for the purpose of constructing therein
a sewer main and appurtenances as approved by District
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9. School agrees that upon the accertainasont of
District of the amount of deposit necessary to secure
immediate possession that it will pay to District said sus
for said purpose
4. School further agrees that it will pay to District
the entire cost of the acquisition of said rights of way,
hereinafter set forth, at the time the coots thereof are
ascertained, either by negotiation or by Court Decree.
S. School further agrees that on the completion
of said sewer main and appurtenances, installed by School
in said rights of way, that said seer mains and appurtenances
shall become the property of District.
6. It is further agreed that the consideration for
the payment by School for said sewer rights of hay, and for
the payment of the sewer main and appurtenances, District
hereby agrees that for a period of fifteen (15) years from
the data of this agreement, it will not allow any person
to use or to connect to said sewer chain, located in the
hereinafter described sewer right of ray, until such person
or persona have paid to School the pro-rata share of the
cost of right of way acquisition and the coat of the instal-
lation cf the sewer again and appurtenances. School shall
.furnish to the engineer for District the amount of said cost
end the engineer for District is hereby authorised to then
determine the pro-rata share for each person seeking to
connect to said sewer main.
EN WITNESS WHSBEW the parties hereto have fixed
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their signatures the 17th day of September, 196S
COSTA, ', SA UNICN SCHOOL DISTRICT COSTA MESA SANITARY DISTRICT,
Otange Cqunty, California
By /1, `i'j/// _ , ,
rata. nt, tioCtzt# of trustees ?resident- /
B L //�� e•��� ATTESTt /
r'Secretary, board of 'rustees c�
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Secretary
SCHOOL DISTRICT
APPROVED AS TO FORM
ADRIAN $UY?€R County Counse4
ORANGE 'COON r 1 �1K_� Ois.
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BY !- ` DeoutY
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