1987-0416_EGAN , W & R_Hold Harmless Agr & CovenantEXEMPT
RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
4k7-253297
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
MARY A HANOV R, City Clerk
San Juan Capistrano, CA 92675
HOLD HARMLESS AGREEMENT AND
COVENANT RUNNING WITH THE LAND
(LOT 5, TRACT 10593, AP #649-331-07)
This Hold Harmless Agreement and Covenant Running with the Land is made and entered
into this 16th day of j�P 1987 by and between the City of San Juan
Capistrano, hereinafter referredto—as o as City, and William R. Egan and Rosalind S. Egan,
hereinafter referred to as Property Owner.
RECITALS:
This Hold Harmless Agreement and Covenant running with the Land affects Lot 5, Tract
10593, City of San Juan Capistrano, County of Orange, more particularly described in
Exhibit A, attached and incorporated herein by reference.
The Property Owner is the owner of the real property in the City of San Juan Capistrano
commonly known and described as Lot 5, Tract 10593.
The Property Owner has applied for and requested of the City, the right to construct,
develop and use a single-family dwelling.
The City approved said development, but as a necessity of development it is required
that drainage structures, including rip -rap, inlet, concrete lined swales, and piping, be
constructed and maintained to perpetuate the drainage of the property and contributory
upstream areas.
The City agrees to construct and maintain an appropriate storm drain manhole in the
parkway of Peppertree Bend adjacent to the property in the public right-of-way and be
responsible for maintenance of this storm drain manhole and other drainage structures
not located on the property.
Property Owner therefore covenants, agrees, and declares that the drainage structures
shall be maintained to the satisfaction of the City and further, if not maintained to the
satisfaction of the City, the City can cause such maintenance to occur and collect from
the Property Owner all charges for maintenance.
Property Owner hereby grants permission for appropriate City officials to enter the
property from time to time for the purposes of determining compliance with the
conditions contained herein and remedial work if necessary. Such inspections shall be
conducted during normal working hours and after reasonable notice to the Property
Owner.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-11§ PM MAV 6'87
COUNTY
FECOADEF
Hold Harmless Agreemdhand Covenant
Running with the Land t 5, Tract 10593, 8753297
SAP #649-3307
Page 2
Property Owner hereby agrees that this Agreement and Covenant shall run with the land
and be binding upon the Property Owner, and the heirs, successors, executors,
administrators, and assignees of the Property Owner in interest for the benefit of the
City.
Property Owner hereby agrees that he shall execute this restriction and notify any
subsequent purchasers or tenants of this Agreement and Covenant and execute all
documents necessary to effect to intent hereof.
Property Owner hereby agrees to defend, indemnifying and hold harmless the City from
any claim or liability resulting from damage or personal injury, including death, to
anyone served by the drainage structures caused by the failure of the Property Owner to
maintain them or by the act of constructing them.
This Agreement and Covenant shall continue in full force and effect unless terminated by
mutual agreement of the Property Owner and City.
City of San Juan Capistrano
by dila Pl [\S" ' ���
William D. Murphy
Director of Public Works
Property Owner
by
by
CORPORATE ACKNOWLEDGMENT
State of California
SS.
County of Orange 111111
OFi-' 'AL STI:.
MARY A CAR! SON
Ea):
TARY PUBLICCALGRNEA
ORANGE COJNTY
O7
comm. expires JAN 5, 19
87253297
NO. 202
On this the 21stday of April 19 87 , before me,
Mary A. Carlson
the undersigned Notary Public, personally appeared
William D. Murphy
EX personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as,
Dir. of Public Works m 1�1t an
or on behalf,of th cc po a on herein
unic
named, and acknowledged to me that the00rporaM n executed it.
WITNESS my hand and official seal.
7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura BINd. • PO Box 4625 • Woodland Hill; CA 91365-4625
STATE OF CALIFORNIA
ss
COUNTY OF
OFFICIAL SPAL
•�" MARION DICKERSON
e v NOTARY PUBLIC . CALIFORNIA
ORANGE COUNTY
My comm. expires MAY 19,1987
On this - 16th day of _ Aoril _._ -- . In the year 1937,
before me, the undersigned, a Notary Public in and for said State, personally appeared
William R. an and Rosalind S _Egan
personally known to me
(or proved to me on the basis of satisfactory evidence)to be the person swhose name S
are subscribed to the within Instrument, and acknowledged to me that _he_
executed It.
WITNESS my hand and official seal.
Notary Public In and for said State. I�
19e1WOlGOtIe.IM: IV" cussB;I Marion Dickerson
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