McKenzie Avenue Sound Wall Improvement Agreement 2003-0238176
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". o. CITY OF.POWAY 'l,' ~nJ'1J~~~~04 .2003 9:: 51 'lA~ .'
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APN 31.7"761-05
McKENZIE AVENUE SOl:JND WALL IMPROVEMENT AGREEMENT
THIS AGREEMENT is in~.de by arid between the City of Poway (hereinafter called
"City") and Alvin and Cecilia Miranda (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 agreemerit 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 OWners 10-day notification of any
construction activities that will affect their property as it pertains to this
agreement
C The City;yill construct a masonry, six"foot-high sound wall on City
property adjacent to rear property line of said property owner's lot, APN
317-761-14
D The City will also fill. the area between the sound wall and Property
Owners' existing wood fence to' an elevation that is compatible with
existing elevation of the lot. The fill material will be material from the
Gommunity Road, Phase 2 construction project The fill will be placed
according to the requirements-of the City's grading ordinance
E, The City will pay the Property Owners $400 00 for swimming pool
maintenance because of'the grading operation adjacent to their property
Payment will beat the beginning of construction.
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. . ;.I'y1cKENZIE AVENUE SO.DWALLiIMPROVEMENT AGREANT
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F The Property Owners 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
G This area will be left in. a gradedcohdition that will slope toward the sound
wall at two percent minimum.
H. The Property Owners' existing wood fence and or concrete wall will
remain and side yard fences will not be extended The Property Owners
will be responsible for these items.
2. This Agreement shall r)ot 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 matter.s herein contained This Agreement supersedes any and
all other prior agreE;ments 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 iis 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
;2/dayof F~ 2003.
.rft-/;0 3 OW;;;Z r IL
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Dated'
Alvin Miranda
r1L,~
Cecilia Miranda
CITY OF POWN:(
Dated 2. ' 2- I 0::) By' '.,f ,
Niall Fritz, Director 0 . evelopment
Services
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State of California } ss
County of Sa(\ {)i e5D
On t-e't>. ;;1\,,;),003 ,before me, :s't.erne ~. Worrell. ^-J~r~ t6b\\C
Dale Name and Tilfe of Officer (e.g., ":lane Doe. No/ary ub!ic")
personally appeared AlvIn <:tnci Cec.'illa f'i\, ra C\d .....
~ - - - - ;H;~E;;,~-~ Name{s) aISigner(s)
o personally known to me
_ . Commil...ion 111223093 z It proved to me on the basis of satisfactory
~ '. ,Notary Public "'Cali!omla ~
z ~ evidence
~ San Diego County l
_ _ _ ,..My~m~~~Ju:30~~ to be the person~ whose nam~ ~
subscribed to the within instrument and
acknowledged to me that hefflne/~ executed ,
the same in ~ authorized ,
capacity(4es), and that by i'ri51ner/(fjcii)
signature@on the instrument the person~, or
the entity upon behalf of which the persones:JI
acted, executed the instrument
, WITNESS my hand and official seal,
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Place Notary Seal Above Signature of Notary pubJJc
OPTIONAL
Though the informi?tion below is not req(jired by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attach~ment Au€, -Sou.C\<:l Io0Q II IN\.prOVe . AefYi-+-
Title or Type of Document 7-, of?
I Document Date: reD . ~\ .;;mo3 Number of Pages: J ~
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, Signer(s) Other Than Named Above: ,
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top of thumb here
o Corporate Officer - Title(s):
o Partner - D Limited D General
D Attorney in Fact I
D Trustee
D Guardian or Conservator
D Other'
Signer Is Representing:
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@1999National Notary Assoc'at;on. 9350 De Soto Ave" P.O. Box 2402 Chatsworlh, CA 91313-2402 . www.nationalnotary,org Prod. No. 5907 Reorder: Call Toll Free 1 800-876.6827