McKenzie Avenue Improvement Agreement 2003-0238180
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~ . AND WHEN RECORDED MAIL TO:) ~,~SAH:DIE6lJ'DJUNTY REGlJRI)ER~SOFFICE
. )1~t'GRffiORV J; SMITH, GllUNTV RECORDER
, . . CiTY CLERK ) . FEES: 0.00
21]D CITY OF POWAY )
'J. POBOX 789 ) 11111111111111111111111"'"l1li1111111111111111111111111111111111111'
I~ POWAY, CA 92074 l ' 2003,0238180
~~ NO TRANSFER TAX DUE ) (This space for Recorder's use only)
APN 317-761-06
McKENZIE AVENUE IMPROVEMENT AGREEMENT
THIS AGREEMENT is made by and between the City of Poway (hereinafter
called "City") and Daniel C Latch (hereinafter referred to as "Property Owner')
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 arid 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 also fill the area between the Property Owner's rear property
line and Property Owner's existing rear wood fence to an elevation that is
compatible with existing elevation Of the lot. The fill material will be
matl~rial from the Community Road, Phase 2 construction project. The fill
will be placed according to the requirements of the City's grading
ordinance.
D The Property Owner will allow the City, its contractors, agents and all
others deerned .necessary by City, the privileges and right to perform the
construction activities' within the limits stated in Item C
E. This area will be left in a graded condition that will slope toward the rear
property line attwo percent minimum.
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McKENZIE AVENUE S, . D WALL IMPROVEMENJ AGRE ENT
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F The pr()p~rty owner's existing wood fence and or wall will remain and side
yarg 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 Witness Whereof, the Parties hereto have executed this Agreement on the
-.iLdayof r ~~R.Vf"'lC7-'( 2003
OWNER
Dated. 07_/ /110] ~41~C~
( I D I 8tch
CITY OF POWAY
Dated '2 - '1.f) - 0--::' By:
Niall Friti, Director of De lopment
Services
M:\engserv\monte\01-03 Agreement A:3.doc
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'C",UFORNIA ALL,PURPOSE ACKNOWLEDGMENT
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State of lli\i ~m\ 0..-
Co~nty of ;~ r,D,e~()
, I 'Oil,,- 're't:>. 19. ;:)'D()~ before me,
i
Date
person<llly appeared ~(\ 1, e \ Name(s).of Signer(s)
o personally known to me - oA ~.Iil[proved to,meon the basisofsati~factoryevidence to'be,the persorWr)
. whose name~@lFe:'subscribed to the within instrument
, ,,' . SHERRIED,WORR8,l and a?knOwledgedtbmethat<@/81'i8/{R~y executed the
. commiaSion.1223093 '.% same m@/~lrauthonzedcapaclty~), and that by
~' ': .Notarii>,u~li~ - California! ~hefftReir signature(ej'on,the,instrument the perso*),
~ San DI8\lO'CoUn~ 2oil3 or the entity"upon behalf of which the person(~)acted,
eomm Elcplretl Jun , - '
My '. ' executed the'instrument
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WITNESS my hand and official seal,
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~ Signature of Notary Public
OPTIONAL
Though the information below is not'requireci,by I~~ ;t.jriay prove valuable topersons, relying on the document:and could prevent
fraudtilent,'rerrioval and: reattachment of this 'form. to another dOCument.
Description of Attached Document
Title or Type of Document: --'Y\~ ~i e AlJe, ~o\)e .Ae N"I \
Document Date: Fe'o \9. c?06~ Number of Pages: ;;l.
Signer(s) Other Than Named Above:
Capacity(ies) Claimed bySigner(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s): iitje(s):
o Partner ~ 0 Limiied 0 General o Partner -=- 0 Limited 0 General
o Attorney-incFact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator, o 'Guardian or Conservator
o Other' Top of'thumb here o Other' Top of thumb here
Signer Is Representing: Slgnercls Re-presenting:
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,0 i994~iiOnal Notary Association. 8236 Aemmel'Ave., P.O. Box.7184 . Caooga Pari<, CA 91309-7184 Prod.'No,'5907 Reorder: Call Toll-Free 1~800-876-6827,