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1973-0801_WESTPORT - APARTMENT HOME CO._Drainage AgreementUnTNAC;E AGI;EE^T'.TP i ATLSTPORT CO. CITY OF 87N JUNIN C71PISTMNO V&MIEAS, P,ESIIPORT - APARTiENT HOME CO. does intend to dedicate Lo the CITY OF S:^N JL'.`_'V C-1)TIST7! \TO certain streets and alleys within Tract No. 7195 located within said City; and WHEREAS, the CITY OF SAN JLM CAPISTRANO does intend to accept the Of .1C: SL'G2tc allc\':;; L::d I, „" t:e present• state of develc-nt of said Tract No. _u:_.. Lam, _71qr! and adjc_nirg properties owned and unde=r development by WESTPORT - APART VT 1102E CO.is such that said streets and alleys shall run into and terminate upon the undeveloped adjacent lands ohned by I4FSTPO1T - APA 2 "2= HO?;v CO.: and IqIEREAS, it is conternplated that the alignment of said streets and alleys may raise possible t e drainage of surface waters onto and across :e lane°., c..-_ a', i.L. _. ''. ._< 00. �,';ich are adjacent- to Tract No. 7195 and that such drainage might potentially cause da age to said lands or the develop mats or improverents placed thereon; WESTPORT - APART1ENT 110LE CO. DOES THEREFME AG-Rm to release to the CITY OF SAN JUAN CAPISTRFNO, and to hold said City harmless from any claims which might arise on the part of PIESTPORT - APART:•lENT HOIE4 CO. for any damage, injury, inconvenience or any claim of any nature whatsoever, which may arise by reason of surface water drainage onto and over lands owned by UESTPORT - 7PE1Idb�-2\'T HOPE 00. adjacent to Tract No. 7195^ as such drainage may be facilitated by the presence of and the location of public streets and ways within said Tract No. 7195 For the purpose of this Agreem-.nt, the release of WESTPORT - APART= 1101N9E CO. herein extended in favor of the CITY OF SAN JUAN CAPISTRAN0 shall be binding upon WESTPORT - APARli]^IENi T HOTiE CO. and any and all subsidiaries, joint ventures, contractors and employees who may own, hold an interest in, or be engaged in the development of the aforementioned land adjacent to Tract No. 7195 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 WESTPORT - APAItPIF= HOlY, CO. to the CITY OF SAN JUAN CAPISTRANO upon the understanding that the terms and conditions of the release shall be cancelled and of no further force and effect at such tirm as the development of the adjoining land provides appropiate drainage from said public ways. Dated: August 1, 1973 i VESTROIC - APAMUN7T CO., a Limited Par_tncrship BY: WL'STPORT IIO: E BUILDEn , INC. , General Partner BY: c • , ., cc � N�•L,xlilrui, SccroC;i�y t I CITY OF SAN JUAN CAPISTRANO, a municipal Corporation °- STATE OF CAurORNlAran_-?_ C ss. COUNTY OF_.. _--____�__ August 1, 19%3 ° On— _-- before me, the undersigned, a Notary Public in and for Rabalais. m said State, personally appeared—C.B. E known to me to be the—Vice _President, and_ Jean T—l-r—Js1S.hi aa ----- __known known to me to be the_, _Secretary of oWes____ Home Builflers, 1TTC. V m the corporation that executed the within instrument and known be �••♦••♦•••••♦♦♦♦•••♦N•••••••: n- to me to the persons who executed the within instrument on behalf of said corporation, said corporation being known to me )ANE FAWRUP Aq o,e ° ` Westport - t be the general partner of----,—. pp Hpartment NOT,-:-': VUi3L!C-CALIFORNIA pr'.v"'rAL OFFICE IN • E Home Co. ♦ E _ _ • :+•::. ;, GE COUNTY as `o the limited partnership that executed the within instrument,and j OFFICIAL SERI MY Commission Expire. Sect. 21. 19]5 �_ acknowledged to me that such partner and that such partnership ♦•••••••••♦O♦♦♦•♦♦O♦!♦•••♦•••• executed the same. e WITNESS my hand and official seal o Signature—--- - J / lane wrup E _ LL Name (Typed or Printed) (This area for official notarial seal)