McKenzie Avenue Sound Wall Improvement Agreement 2003-0238179
: ~ RECORDING REQUAtED BY 12 ~ 5 8 l.rDoc~'1 '2003-0238179 -'
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CITY OF POWAY ) ':;','f' . "'.. - A
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~. AND WHEN RECORDED MAIL TO' );I)":SAN DIEGO COUNTY RIDlRDER'S OFFICE
) ~" GREIm' J.SIIITH. Clll!NT'rRECORDER
~ CITY CLERK ) FEES:Q,QO
CITY OF POWAY) "
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APN 317-761-03
McKENZIE AVENUE SOUND WALL IMPROVEMENT AGREEMENT
THIS AGREEMENT is made by and between the City of Poway (hereinafter
called "City") and Brian and Laura Attard (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 ali 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
317-761-03
D. The City will also fill the area between the sound wall and property
owner's existing wood fence to anele"vation that is compatible with
existing elevation of the lot The fill material will be material from the
Community Road, Phase 2 construction project The fill will be placed
according to the requirements of the City's grading 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
construction activities within the limits stated ih Item D
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03.03~
. 12359
. McKENZIE AVENUE S~D WALL IMPROVEMENT AGREANT
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Page 2
F This area will be left in a graded condition that will slope toward the sound
wall attwo 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 Witness Wher~of, the Parties hereto have executed this Agreement on the
19 day of /-d~ry 2003.
f .
OWNERS
Dated: 2./'1/03 /3....u:e:- . ~
Brian Attard
d&.i/)/2 ~r;{
Laura Attard
CITY OF POWAY
Dated: '2-' W'O~ By'
Niall Fritz, Director of velopment
Service,s
M:\engserv\monte\01~03 Agreement. 2doc
. .' 123'60
. . .
'CALIFORNIA All.PURPOSE ACKNOWLEDGMENT
State 'of (11\ Ii 1om't3-.>
County of Sa('\ \j,E'SO
On ?e-h. \~, .:Jno~ before me, S'neU\ -e. ~. rrel\
Dal'" Nam.ea~d Title of OfI~cer (e.g
personally appeared tr\tl ('\ An~ La. u. r It A~rd.
Name(s)of Signer(s)
[] personally. known to me - OR - ~proved to me on the basis of satisfactory evidence to be thepersora!
. . whose nametll'is/@subscribedto the within instrument
i.~ :- - - - - - - - - - - i and acknowleaged'to me that hefsI1e/!QW>executed the
@ ~E~IED,:=- same in hfflihe~uthorized capacity(@andthat by
i' 'N:;:~~I~_ CaHrDmIa ~. .watAer~signaturetS?onthe instrument the person~,
~ San Diego Cou~1y f or the entity ~pon behalf of which the person(~ acted,
My Comm, E>pjres Jun 30, 2003 executed the Instrument.
~",.~,,~,r____ _ _ _ '
WITNESS my hand and official seal,
~~
'Signature of Notary Public
OPTIONAL
Though the information below is not required by 1i:J:w, it may prove vafuabJ~ to persons relying on the document and could prevent
fraudulent remova.i and rea'ttachment of this form' to another document. .
Description of Attached Document
Title or Type of Document: mc~~~, CLJe . S~ (1)nOO ~. o.~
Document Date: o;;e'D ~ . :l.l::O'2::, , Number of Pages: d...
Signer(s) Other Than Named Above:
.Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
[] Individual [] Individual
[] Corporate Officer [] Corporate Officer
Title(s): Ti,t1e(s):
[] Partner - [] Limited [] General [] Partner - [] Limited [] General
[] Attorney-In-Fact [] Attorney-In-Fact
[] Trustee [] Trustee
[] Guardian or Conservator [] Guardian or Conservator RIGHT THUMBPRINT
. . OF SIGNER
[] Other' T6p of thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
.
C 1994 National Notary ASsociation. 8236 Remmel Ave., P.O. Box 7184. Canoga Pari<:, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1.800-876-6827