Community Road Sound Wall Improvement Agreement 2003-0805796
, R~QRDING REQUEtED BY ) DoC1 t>~~03-0805796
~, ~ DUe, ~ "j,()().b
~ - ) JUL 08, 2003 9:14 AM
- CITY OF POWAY )
) OfJIGIALREGIJRDS
AND WHEN RECORDED MAIL TO' ) SAN DIEGO IIDlTV RECORDER'S OFFICE
) lMGORV J.SKITH, GOUNTVREGORDER
CITY CLERK ) FEES: 0.00
CIJY OF POWAY ) ~( 'p111ImDlI,"JJ!lllilJlillillli!lj.
POBOX 789 )
fg POWAY, CA 92074 )
)
;3 P NO TRANSFER TAX DUE ) (This space for Recorder's use only)
Nf APN 314-201-43
I(;O,J
COMMUNITY ROAD SOUND WALL IMPROVEMENT AGREEMENT
THIS AGREEMENT is made by and between the City of Poway (hereinafter
called "City") and Robert M and Carol L. Anderson (hereinafter referred to as "Property
Owners").
In consideration of which, and other considerations hereinafter set forth, it is
mutually agreed as follows:
1 A. The parties have herein set forth the whole of their agreement. The
performance of this agreement constitutes the entire consideration of said
document and shall relieve the City of all further obligation or claims on
this account or on account of the location, grade or construction of the
proposed public improvements.
B The City will provide the Property Owner 10-day notification of any
construction activities that will affect their property as it pertains to this
agreement.
C The City will provide a driveway entrance per the size stated in letter dated
December 30, 2002 from the Property Owner
D. The City will fillthe low area between the existing right-of-way-line and the
existing residence on the north side of the .driveway This will provide a
minimum positive slope of one pe~cent toward the street. The fill material,
will be materia,l Jrom the Community Road, Phase 2 construction project.
The fill will be placEld according to the requirements of the City's grading
ordinance. This will also allow the elimination of any yard drains. The
restoration of landscaping and irrigation in this area will be done by the
Property Owner as requested in letter dated December 20, 2002 from the
Property Owner
E. The City will remove the existing pilasti3rfence (11 pilasters) at the
existing right~of-way line. Temporary fencing will be installed
approximately 10 feet behind the right"of"way line for the corral area only
The replacement of the pilaster fence will be done by the Property Owner ')-fZ.:~
~_ '" / i".:>tcH -Iq 0
60M~UNITY ROAD SAD WALL IMPROVEMENT AGRE.E!I!13548
-. Page.2
I?7S~1b
F The City will pay the Property Owner $3,940 00 as compensation for the
disposition of the pilaster fence as stated in Item E.
G The Property Owner will allow the, City, its contractors, agents, and all
others deemed necessary by the City; the privileges and right to perform
the construction activities on the property in the areas stated herein.
H. The City will make up any grade difference on the south side of the
driveway between the proposed parkway elevations and the existing
ground elevations with a 2:1 fill slope at the existing right-of-way line. A
drainage inlet will be provided at the low point between the property and
the neighboring property belonging to Mr Nixon.
2. This Agreement shall not be changed, modified or amended except upon the
written consent of the parties hereto.
3 This Agreement is the result of conversations between the parties and is
intended by the parties to be a final expression of their understanding with
respect to the matters herein contained. This Agreement supersedes any and
all other prior agreements and understandings, oral or written, in connection
therewith No provision contained herein shall be construed against the City
solely because it prepared this agreement in its executed form.
4 Property Owners, their assigns and successors in interest, shall be bound by all
the terms and conditions contained in this Agreement and all the parties thereto
shall be jointly and severally liable thereunder
No Obligation Other Than Those Set Forth Hereinabove Will be Recognized
In Witness Whereof, the Parties hereto have executed this Agreement on the
30 day of .:lIlA/ IE: 2003
OWNERS
Dated h /30103 W 1J1 e/
Robert M. Anderson
,,/~ ~ ~AdafA-
Carol L. Anderson
CITY OF POWAY
Dated 7/7J/O ., By' ~
Niall Fritz, Direct' r f Development
Services
M:\engserv\monte\06-Q3 Agreement Andecwf'\.doc
.'
. ~ . . 13549
. CAUFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907
.
State of C.o...\l~\\\\~
County of ~ ~'f'8O
On :)lH\P 30, .;lCb~ before me,
DATE
personally appeared '"Rotert. fA. a.().~ enrol I . MdersP'l
NAME(S) OF SIGNER(S)
o personally known to me - OR - IRl proved to me on the basis of satisfactory evidence
lij~~='-l to be the person@ whose nam~ is/@
subscribed to the within instrument and ac-
knowledged to me that hO/(3hc~executed
j ~N*:-~ _ the same in hi3/her/~ authorized
J lana.go~ =I capacity@, and that by hfstft€r/~
- . ..,ClIliIIll. IIIpII8sJwl 30.:
- -- - - ~. - - - - - - '
. . signatur~ on the instrument the person~
or the entity upon behalf of which the
., person(@ acted, executed the instrument
WITNESS my hand and official seal.
~.LI 0 ~')AA f/ 0 ()
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S) o LIMITED
o GENERAL
o ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
NAME OF PER5QN(S) OR ENTITY{IE5)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmei Ave.. P.O. Box 7184. Canoga Park, CA 91309.7184