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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