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 }
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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
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.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
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location of public streets- and ways within said act No. 7972.
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