1973-0801_WESTPORT - APARTMENT HOME CO._Drainage AgreementUnTNAC;E AGI;EE^T'.TP
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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:
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CITY OF SAN JUAN CAPISTRANO, a
municipal Corporation
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STATE OF CAurORNlAran_-?_
C ss.
COUNTY OF_.. _--____�__
August 1, 19%3
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On— _-- before me,
the undersigned, a Notary Public in and for
Rabalais.
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said State, personally appeared—C.B.
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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
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Home Builflers, 1TTC.
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the corporation that executed the within instrument and known
be
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to me to the persons who executed the within instrument on
behalf of said corporation, said corporation being known to me
)ANE FAWRUP
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Westport -
t be the general partner of----,—.
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Hpartment
NOT,-:-': VUi3L!C-CALIFORNIA
pr'.v"'rAL OFFICE IN •
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Home Co.
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• :+•::. ;, GE COUNTY
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the limited partnership that executed the within instrument,and
j OFFICIAL SERI MY Commission Expire. Sect. 21. 19]5
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acknowledged to me that such partner and that such partnership
♦•••••••••♦O♦♦♦•♦♦O♦!♦•••♦••••
executed the same.
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WITNESS my hand and official seal
o Signature—--- - J /
lane wrup
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LL Name (Typed or Printed) (This area for official notarial seal)