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1973-0312_LEADERSHIP HOUSING SYSTEMS_Drainage Agreement ' After Recordation, Return to: �� . '� UdC, 1066c3PlGE388 � Woodside/Kubota & Assoc. rREE 2415 So. Birch St. 28J65 Santa Ana, Calif . 92707 ��t I hereby declare the docu- mentary transf-er tax is: Tec DRAINAGE AGREEMENT lzl/.i,e Tract 7972 City Clerk-City of San Juan AP No. 124-290-07 Capistrano THIS AGREEMENT is made this , day of March, 1973 , by and between the City of San Juan Capistrano, hereinafter called "City," and Leadership Housing Systems , Inc. , hereinafter called "Developer." WITNESSETH: WHEREAS, Developer is the owner of all that land. situated in the City of San Juan Capistrano and contained within the bound- aries of Tentative Tract No. 7626 ; and WHEREAS, Developer proposes to first record the final tract map for Tract No. 7972 which constitutes a portion of the aforesaid Tentative Tract No. 7626 ; and WHEREAS , Developer intends to dedicate to the City certain streets and alleys within said Tract No. 7972 ; and WHEREAS , the City intends to accept the dedication of said streets and alleys ; and WHEREAS , it is contemplated that the said streets and alleys will run into and terminate upon the undeveloped adjacent lands contained within the remainder of Tract No. 7626 ; and WHEREAS , it is further contemplated that the alignment of said streets and alleys will result in the drainage of surface waters onto and across portions of Tract 7626 , and that such drainage might cause damage to said lands or the developments or improvements placed thereon; NOW, THEREFORE, Developer does hereby agree to keep and hold City harmless from any liability or claim which might arise from any damage, injury, inconvenience or any claim of any nature whatsoever , which may arise by reason of surface water drainage from Tract 7972 on and over lands owned by Developer adjacent there- to as such drainage may be facilitated by the presence of and the N } � • n 10668 puf 389 location of public streets and ways within said Tract No. 7972 . For the purpose of this Agreement , the release of Devel- oper herein extended, in favor of the City shall be binding upon said Developer and any and all subsidiaries , joint venturers , con- tractors and employees who may own, hold an interest in, or be engaged in the development of the aforementioned land adjacent to Tract No, 7972 . In executing this release, it is expressly understood, that the provisions of this Agreement are for the purpose of protecting the City from any claims arising from the drainage of waters from the public ways heretofore described, onto adjoining undeveloped land,. It is further understood that this release is tendered by Developer to the City upon the understanding that the terms and conditions of the release shall be cancelled and of no further force and, effect at such time as the development of the adjoining land, provides appropriate drainage from said public ways . Dated: a I� CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation By: Mayor By City Clerk Dated : March 8, 1973 LEADERSHIP HOU SYS EMS , INC. DEVEL B7 S� Hath n Vit-e esident . By: David R. Carmichael, -Asst. Secretary • RECORDED IN OFFICIAL RECOR"a OF ORANGE COUNTY, CALIFORNIA Min. P.M. I�Rft]9b Past J.WYUE CARLYLE,County 0900 r -2- .N RECEIVE enj nrin "A.Y .., .1 J WOODS D'�• KU3GTA & ASSOC. CONSULTING ENGINEERS O TO 438 C (Corporation) I STATE OF CALIFORNIA } SS. COUNTY OF Orange l March 8 1973 before me, the undersigned, a Notary Public in and for said On S . C. Ha thorn State, personally appeared Vice David R. Carmichael President, and m known to me to be the W known to me to be Assistant Secretary of the corporation that executed the within Instrument, = known to me to be the persons who executed the within a Instrument on behalf of the corporation therein named, and J acknowledged to me that such corporation executed the wit m 1- instrument pursuant to its bylaws or a resolution of its boar m of directors. WITNESS hand d official sea]. ♦♦♦♦♦••♦••••♦OFFICIAL SEAL•••••• MARION PEARSON o ♦ Signature ♦ ® ,:y;v'm NO TAnY P'uSLIC CALIFORNIA ♦ �; E ORANGE CouN'ty I Marion Pearson ♦ My Commission Expoes Oct.12,1976 � Name (Typed or Printed) ♦•♦♦•♦•♦♦♦♦♦♦•••♦♦••♦♦♦•♦••• (Tni.area for alaoisl noh+sl nears p60$ec�390 STATE OF CALIFORNIA ss. COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I , WANDA E. ANDERSEN, City Clerk o thethat tCityhe Of San Juan tached instrument Capistrano, California, do hereby certify was duly approved and accepted at a regular meeting of day ofCity -,9,2 Of the City of San Juan Capistrano held on the 82 y 19 �• Wanda E. Andersen, city clerk City of San Juan Capistrano DRAINAGE AGREEMENT THIS AGREEMENT is made this day of March, 1973, by and between the City of San Juan Capistrano, hereinafter called "City," and Leadership Housing Systems, Inc. , hereinafter called "Developer." WITNESSETH: WHEREAS, Developer is the owner of all that land situated in the City of San Juan Capistrano and contained within the bound- aries of Tentative Tract No. 7626 ; and WHEREAS, Developer proposes to first record the final tract map for Tract No. 7972 which constitutes< a portion of the aforesaid Tentative Tract No. 7626 ; and WHEREAS, Developer intends to dedicate to the City certain streets and alleys within said Tract No. 7972; ; and WHEREAS, the City intends to accept the dedication of said streets and alleys; and WHEREAS, it is contemplated that the laid streets and alleys will run into and terminate upon. the undeveloped adjacent lands contained within the remainder of Tract No. 7626; and WHEREAS, it is further contemplated that the alignment of said streets and alleys will result in the drainage of surface waters onto and across portions of Tract 7626 , and that such drainage might cause damage to said lands or the developments or improvements placed thereon; NOW, THEREFORE , Developer does hereby agree to keep and hold City' harmless from any liability or claim which might arise from any damage, injury, inconvenience or any claim of any nature whatsoever, which may arise by reason of surface water drainage from Tract 7972 on and over lands owned by Developer adjacent there- to as such drainage may be facilitated by the presence of and the � ECpl r� � a'X&d"4 tooi: .�'�. }.:�,. eih bells_. lailBalsigc '0t+sxaa igWJ ;mot ,za2 to VIIW SM asses 0c bas ba`Fa:1 x932arusYsri , ' Sal , gra9?v%8 Salasoh g1dasebasi Va `' a HTS82S&S'l'., bolun3la ban! 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For the purpose of this Agreement, the lease of Devel- oper herein extended in favor, of the .City shall binding upon said Developer and any Ana all subsidiaries,: jq venturers, con- tractors and employees who may own, hold an inte at in, or be engaged in the development of the aforementioned' nd adjacent to Tract No. 7972. In executing this release, it is expre ly understood that the provisions of this Agreement are for the p as of protecting the City from any claims arising from the drain& .of waters from the public ways heretofore described onto adjoin undeveloped land. It is further understood that this release is tendered by Developer to the City upon the understanding that he terms and conditions of the release shall be cancelled and no further force and effect at such time as the development of the . djoining land provides appropriate drainage from said public res Dated:_=�[ CITY OF SAN N CAPISTRANO, a Municipal poration By: Byl } Maroh 8, 1973 Dated: LEADERSHIP H SYSTEMS, INC. Yid >, B a rn, asr_� oldent • i _ 3 By: ,. Dav a c ae , ss . earetary kA4' -2- DRAINAGE AGREEMENT THIS AGREEMENT is made this day of March, 1973, by and between the City of San Juan Capistrano, hereinafter called "City," and y, LoAdWrOto ilbs"S**tawa, Inc. , hereinafter called "Developer." WITNESSETH: WHEREAS, Developer is the owner of all that land situated in the City of San .Juan Capistrano and contained within the bound- aries of Tentative Tract No. 7626; and WHEREAS, Developer proposes to first record the final tract map for Tract No. 7972 which constitutes a portion of the aforesaid Tentative Tract No. 7626 ; and WHEREAS, Developer intends to dedicate to the City certain streets and alleys within said Tract No. 7972 ; and WHEREAS, the City intends to accept the dedication of said streets and alleys; and WHEREAS, it is contemplated that the said streets and alleys will run into and terminate upon the undeveloped adjacent lands contained within the remainder of Tract No. 7626, and WHEREAS, it is further contemplated that the alignment of said streets and alleys will result in the drainage of surface waters onto and across portions of Tract 7626 , and that such drainage might cause damage to said lands or the developments or improvements placed thereon; NOW, THEREFORE , Developer does hereby agree to keep and hold City harmless from any liability or claim which might arise from any damage, injury, inconvenience or any claim of any nature whatsoever, which may arise by reason of surface water drainage from Tract 7972 on and over lands owned by Developer adjacent there- to as such drainage may be facilitated by the presence of and the TO 449 C (Corporation) STATE OF CALIFORNIA l COUNTY OF Orange } SS. On March 8 , 1973 before me, the undersigned, a Notary Public in and for said State, personally appeared S. C. Hathorn w known to me to be the Vi f'P President, and D,9171 d R- ('arms nhaPl rc ' w known to me to be .ASS d S r art Secretary of the corporation that executed the within Instrument, = known to me to be the persons who executed the within aInstrument on behalf of the corporation therein named, and a acknowledged to me that such corporation executed the within m instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand a official seal. , ♦ _ MARION OFFICIAL SEAL Signature L(/W'+ � �;'"` MARION PEARSON r m NOTARY PUBIC-CALIFORNIA Mar On Pearson ♦ • �'`5.. ORANGE COUNTY • My Commission Expires Oct.12,1976 Name (Typed or Printed) (TM1ia area for ofioia{notarial aea11