McKenzie Avenue Sound Wall Improvement Agreement 2003-0238178
i
-.... RECORDING REQUAED BY , :: i~jDQC-. 2003-0238178
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.' ) ~~li!MAR 04. 2003 9:51 Af'H
CITY OFPOWAY ) it'
~. ) ~.. '~::..~l'~. ~ - OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO' ) I ;),355 i!'f,fSAN DIE60lllilTV REillRDER1S OFFICE
) ",;:lmORV J. 'SHITH.lllilTV RECORDER
CITY CL:ERK ) FEES: 0.00
CITY OF POWAY ) ~
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POBOX 789 )
F/V POWAY, CA 92074 ) , . , 2003-0238178
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~~ NO TRANSFER TAX DUE ) (This space for Recorder's use only)
APN 317-761-15
McKENZIE AVENUE SOUND WALUMPROVEMENT AGREEMENT
THIS AGREEMENT is made by and between the City of Poway (hereinafter called
"City") and Walter and Kiyoko Lyman (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 hi:jve 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 construct a masonry, six"foot-high sound wall on City
property adjacent to rear property line cif said p'roperty owner's lot, APN
317-761-15.
D The City will also fill the area between the sound wall and property
owner's existing wood fence and or concrete wall to an elevation 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..in Item D
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" ":MCKENZIE AVENUE SAD WALL IMPROVEMENTAGREfIIENT
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F T'his area will. be left in.a graded condition that will slope toward the sound
wall at'two percent minimum,
G The property owner's existing wood fence and or concrete 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 thereljnder
No Obligation Other Than Those Set Forth Hereinabove Will be Recognized.
In Witness Whereof, the Parties hereto have executed this Agreement on the
=lo day of J:::' e.. h 2003
Dated .;{ - J..D - 0 .3- .a.-.
CITY OF POWAY
Dated' 7-,~I-O~ By: ~'
Niall Fritz, Director of
Services
M:\engserv\monte\01-03.Agreement A-6.doc
:' 12357
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"CJ\~~FORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of r ..ll.\\ fDrO:ii CL
County of ~~\ej()
On FeD. .:iQ. ~C03 before me,
Dale Name arid Title of Officer-(e.g
personally appeared '+JQI-kf'" A1Ici k',(/nkD L~rrlQ()
I Name( 01 Slgner(s)
o personally known to me - OR ~~,provedJo me on the basis of satisfaCtory, evidence to be the personiC)
I ~ - ,-- - - - ':u -- ,~ whose namE@+s~subscribed to the within instrument
. @"'_.O._ M' _o~"""" " mo .,., -.iIIiiil ,~"o' '''''
_' ..' commisS~~; ~ ~a i~ same in AiefRe@auihorized capacity@"and that by
i. 'Nota~nP~ieg~ Cou~'. .~ i:lie,lAer~sigmitu're(S)on the instrument the person($},
~ MyCominExpiresJun,30::z0031 or the entity upon,behalf6f which the personl@acted,
__ _ ~ '" >>- __ ~r ",' --- ".. - ...... executed the instrument.
WITNESS my hand and official seal,
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'Signature Of Notary, Public
OPTIONAL
Though the information below is notrequiredby law,,';! may prove valuable to persons 'felying 'on 'the document and could prevent
frauc!ulent remova'fandteatfachmenf of this'fonn to another document.
Description of Attached Document
Title or Type of Document: (f\c';~€{Y2.ie !\Joe . ~U(l~ \/~\l ~ ~ve _ ftem+-
Document Date: Feb~O..~~ Number of Pages: ~
Signer(s) Other Than Named Above: -
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer!s Name:
o Individual o Individual
o Corporate Officer o Coiporate Officer
Title(s): Title(s):
o Partner - G Limited 0 General o Partner - 0 Limited 0 General
o Attorney-In-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator . 0, Guardian or Conservator .
o Other' Top of.. thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Jlepresenting:
C 1994 National Notary AssoclatiOfl' 8236 R.em~t Ave., P.O. 8ox.7184 . Canoga Park, CA 91309-7184 Prod. No. 5907 Reorde~ Call Toll-Free 1-800-876-6827