McKenzie Avenue Sound Wall Improvement Agreement 2003-0264390
- ~ - (.: hCORDING REGlU.ED BY DoCe 2003-0264390
,
.' )
) MAR 10, 2003 8:35 AM
CITY OF POWAY )
. )
OFFICIAl RECORDS
:-. ANO WHEN REGORDED MAIL TO' ) SAN DIffiJ COUIITVRECORDER'S OFFICE
~. ) GRE6llRVJ.SMITH, COUIITV'RECORDER
CITY CLERK ) FEES: 0.00
i CITY OF POWAY )
POBOX 789 )
POWAY, CA 92074 )
)
NO TRANSFER TAX DUE ) (This space for Recorder's use only)
APN 317-761-04
McKENZIE AVENUESOl:JND WALL IMPROVEMENT AGREEMENT
THIS AGREEMENT is made by and between the City of Poway (hereinafter
called "City") and Brian K & Debra L. Deline (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
performanceofthis 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 construct a masonry, six-foot-high sound wall on City
property adjacent to rear property line of said property owner's lot, APN
317-761c04
D The City will also fill the area between the sound wall and property
own~r's existing wood fence' to an elevation that is compatible with
existing elevation of the lot The fill material will be material from the
Community Road, Phase 2 constructior] project. The fill will be placed
according to the requirements of the City!sgrading ordinance.
E. The Property Owner will allow the City, its contractors, agents and all
others deemed necessary by City, the privileges and right to perform the
cons~ruction activities within the limits stated in Item D
I ~3-04~
" 1Ii1'CKENZIE AVENUE ScaD WALL IMPROVEMENT AGRE.Et'n
-
Page 2
:- F This ateawillbe left in a graded condition that will slope toward the sound
wall aHwo percent minimum.
G The property owner's existing wood fence and or wall will remain and side
yard fences will not be extended The Property Owner will be responsible
for these items,
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 WJWess Whereof, the Parties hereto have executed this Agreement on the
d b day of r-;,J~~ 2003.
OWNERS i2L'
Dated <></.;2.6/03 ~
, ,
Brian K Deline
f)/kLf )( LJ//:~
Debra L Deline
CITY OF POWA Y
Dated: Z-. U'O.3 By' #~Gc~ .
Niall Fritz, Direc or of D lopment
Services
M:\engserv\monte\01-03 Agreement A-2.doc
".~~.,.t .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
,. .
(:;ommlsslon #-1298219
, z
C Notury Pul,lic - California ~
t . ,,'" "" ,', " San Diego County ~
. State,of ,JXl,\~OZ\.J\ ~ My('rAnm.I'''~'resMJr22,2lXl5
County'of S~w "'\J\ Uno
On '\=Z'n\\)I\\UL\ol1tt:,S beforeme,\.\\~~~ . \c
"at Name a
personally appeared ,. '6
o personally known to me - OR -~ed to mean the basis of satisfactory evidence to be the person(s)
whose name(s)J81are subscribed to the within instrument
and acknowledged to me that ~/they executed the
same in Ais.lAer/their authorized capacity(ies), and that by
~ - - - - - - - - .~. - - I ~their sigmii.ure(s) on the instrumeni the person(s),
~. MJCHH IfPAUU. NEHETTBlGO .' IT or the entity upon behaif of which the person(s) acted,
_ ' COrnIl1IS'iIOn iF 1298219 z executed the instrument.
~' ~ Notol,! Put}iic California ~
z~ ,.,n Die>)" County f ' ,
. MyCC'TT Fx;;resMJr22;2lXl5 WITNESS my hand and official seal,
""......'i> .", "W'" _ _ _. ~,
~\\D\1 '1-~
OPTIONAL
Though the information below is not required bylaw, it may prove valuable-to persons relying on the document. and could prevent
fraudulent removaIand reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
D'ocument Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed bySigner(s)
Signer's Name: Signer's Name:
o Indjvidual 0 Individual
o Cqrporate Officer 0 Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General 0 Partner':'- 0 Limited 0 General
o Attorney.in-Fact 0 Attorney,in,Fact
o Trustee 0 Trustee
O G d' COG - d' C t RIGHT THUMBPRINT
uar Ian or onservator. uar Ian or onserva or OF SIGNER .
o Other" Top of thumb here 0 Other" Top of thumb here
Signer Is Representing: Signer Is Representing:
:~
C 1994 Natiorial Notary AssOCiation. 8236 Remmet Ave., P.O. Box 7164 . Canoga Park, CA 91309-7184 Prod. No. 5907 Reori1er. Call Toli-Free 1-800-876-6827