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1998-755354 -.. m______- - .--.--......----- --.. --.... ....-..-..-- -....-..-- ..-..----- ------- ..... .... --"-"-"-".--"----...---.-. . DOC :~ 1998-0755354 1021 NOV 20.. 1998 8:56 AM Recording Requested By: ) IfFICItt. REaIIIB City of Encinitas ) When Recorded Mail To: ) 8111 1& IDIftY REIDŒR' S (ffIŒ city Clerk ) IJIIDY J. 1llI1H. IDIt1Y RmIIER city of Encinitas ) ÆEB: 26.00 505 South Vulcan Avenue ) Encini tas. CA 92024 ) 11111111 II 1111111111 In /J¡ -.,/1 : AGREEMENT FOR IMPROVEMENTS 1998-0755354 r IN PUBLIC RIGHT-OF-WAY .. ',../V (LIEN CONTRACT) '/. ~ .,1 ,.. J(Assessor's Pa=el Project No.: TPM 98-061 No. ?l:in-?l:i1-01 This AGREEMENT executed this 4th day of November, 199~, by and between William C. Allen and Evelyn E. Allen, as Co- trustees under declaration of trust dated January 21, 1993 hereinafter called the OWNER, and the CITY OF ENCINITAS, a political subdivision of the state of California, hereinafter called the CITY, is as follows: WHEREAS, the OWNER owns property described as: SEE EXHIBIT" A II ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE WHEREAS, the OWNER is currently proposing a parcel map division known as tract no. TPM 98-061. WHEREAS, the property is adjacent to an incomplete street, and WHEREAS, the improvement will generate more traffic and the OWNER has agreed to provide the right-of-way and/or improvements in accordance with Title 24 of the City of Encinitas code, and WHEREAS, pursuant to Title 24 of the City of Encinitas code, the city Engineer has recommended that construction of those improvements required by the CITY to be constructed by the OWNER be postponed and that the OWNER be required to execute an agreement to construct said improvements in the future and to grant a lien to the CITY upon said property to secure the cost of construction of said future improvements, and WHEREAS, the OWNER is agreeable to the execution of such an agreement: bp3753a -.-..----------------------- ----.--....--..-... -----""" . 1022 NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1.) The CITY agrees to accept the dedications, if any, and upon the completion of the improvements required herein to the satisfaction of the city Engineer, agrees to dedicate said improvements to the public and for public streets. 2) The OWNER, in lieu of making the improvements specified herein, and required by TPM q R - 0 h 1 agrees, covenants, and promises that he/she will install, construct, or cause to be installed or constructed the improvements herein set forth at a time satisfactory to the CITY, provided, however, that the OWNER shall not be required to complete said improvements before November 4, 2001 or within such further period of time as is hereafter specified by the CITY, or such extended period of time which may have been specified by the CITY: a) When the city Council has initiated assessment proceedings over an area between intersecting streets on both sides of the street upon which the property herein described has frontage: or b) When owners of more than 60% of the frontage, between intersecting streets on both sides of the street upon which the property herein described has frontage, have petitioned the CITY to form an improvement district for the improvement of said streets and the CITY initiates such proceedings. S~ch improvements shall be made without cost or expense to the CITY. The CITY estimates that the cost of construction of said improvements at the time of the signing of this Agreement is $ 9,567 (Exhibit "B"). The OWNER hereby acknowledges that said cost is a reasonable estimate of construction costs at this time and that the actual cost of said improvements at some time in the future may exceed this estimate: and the OWNER hereby agrees that his/her obligation under this Agreement extends to the actual cost of construction of said improvements, notwithstanding it may exceed such estimate. 3) That for the faithful performance of the promises and covenants herein contained the OWNER hereby grants to the CITY a lien upon the property herein described, and in the event the OWNER, his/her succassors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, he/she agrees that the CITY may do all of the following: a) Install and construct said improvements by contract or otherwise, and grant permission to the CITY or its contractor and his/her employees to enter upon any bp3753a .--- -."""."-------"---'-----"-"---."-" ----..--.---...---..----..-- "---' 1 0 2 3- portion or portions of the property reasonably necessary for said construction, and the entire cost and expense of said improvements shall be charged against said property. Said cost and expense shall be payable by said OWNER, his/her successors, heirs, assJ.gns or transferees, immediately upon completicm of said improvements, and in the event the same is not: paid wi thin thirty (30) days from said completion, the CITY may foreclose said lien as provided by law for the foreclosure of mortgages, and the OWNER agrees that the amount of said lien shall include reasonable attorney's fees which shall be taxed as a cost in any suit for such foreclosure. b) Direct the City Engineer to estimate the cost of the work required to complete said improvements and foreclose said lien in said amount. c) Foreclose said lien as a mortgage. d) Pursue any other remedy, legal or equitable by law for the foreclosure of a lien, and the OWNER, his/her heirs, successors, assigns and transferees shall pay reasonable attorney's fees to be taxed as a cost in said proceedings. 4) That it is agreed that anything herein contained to the contrary notwithstanding, the promises and covenants made herein shall not be.binding upon the holders, mortgagees, or beneficiaries of any purchase money mortgage or trust deed, for value ~hich has been or may in the future be executed by the OWNER, his/her heirs, successors, representatives, assigns, or transferees, and the lien hereby created shall be and is hereby subordinated to and declared to be inferior and subsequent in lien to the lien of any such purchase money mortgage or trust deed. The lien hereby created shall likewise be of no force or effect against any owner whose title to the property herein described is acquired by or as a result of a foreclosure or trustee's sale of any such first mortgage or first trust deed. 5) That at any time during the period herein provided, the OWNER, his/her heirs, successors, representatives, assigns, or transferees, may place a cash deposit or post a form of surety satisfactory to the CITY to charge said surety with the cost of said improvements, the amount of security to be the estimated cost of improvements, as ascertained by the City Engineer at the time of the request, and that upon deposit of said cash or posting of said surety the CITY agrees to release the property, or any portion of it under single ownership, from the provisions of the Agreement, and to execute any necessary release to enable the OWNER, his/her heirs, successors, representatives, assigns, or his/her transferees to clear the record title of the property so released of the lien herein imposed. bp3753a --- 10~4 . 6) The OWNER will cause to be constructed, in accordance with CITY standards, at his sole cost and expense, the following improvements: 1) CUrb and gutters, 193 lineal feet. Face of curb to be located 15 feet from the centerline. 2) Sidewalk, 193 lineal feet, 5 feet wide. 3) driveway(s), feet wide. 4) Roadways, asphalt pavement over approved base approximately 510 square feet 5) Drainage: as required. 6) Other: a) Clearing and grubbing, as required. b) Relocate power pole(s). cj Minor grading approximately 100 cubic yards d) ¡ Signature of owners to be notarized. Attach the appropriate acknowledgements. Services bp3753a '~.. - 1025 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California }ss County of On Date personally appeared 0 personally known to me ~roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i&lare I~~~~~~~~~~~~~l subscribed to the within instrument and acknowledged to me that ~/they executed . -" h'j' ~- LESLIE A. CO1HIW8 the same in ~r/their authorized j . ..r:;. ~. COMM. # 1GI56I8 I capacity(ies), and that by bislß&r/their . -r- ' ' . , Notary Pù:IIIc - CIIIIMII8 - , SAN DIEGO CCIIIIY ... signature(s) on the instrument the person(s), or J ... ~ ~ ... ~ :or:m~~~ ~.t~ 1 the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information below is not required 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 Attached Document TItle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: AlAIJ ~~~ Capacity(ies) Claimed by Signer Signer's Name: RIGHT THUMBPRINT 0 Individual OF SIGNER Top of thumb here 0 Corporate Officer - litle(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact ~rustee 0 Guardian or Conservator 0 Other: Signer Is Representing: @ 1997 National Notary Association' 9350 De Soto Ave., P,O. Box 2402' Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627 . -J. 0 26 --- EXHIBIT "An The property referenced 'by this aqreement is described as follows: PADI"'1I!L AI ALL THAT PORTION OF LOT 8, IN BLOCK "B", OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF HYMETTUS AVENUE, DISTANT THEREON SOUTH 150 43' 30" EAST 183.89 FEET FROM A CONCRETE MONtJMENT MARKING ITS INTERSECTION WITH THE CENTER LINE OF FULVIA STREET; 'ŒENCE ALONG THE CENTER LINE OF SAID HYMETTUS AVENUE SOUTH 15 ° 43' 30" EAST A DISTANCE OF 139. 9 FEET TO ITS INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT EIGHT, BLOCK "B"; THENCE ALONG THE SAID EASTERLY PROLONGATION AND SOUTHERLY LINE OF LOT EIGHT, BLOCK "B", SOUTH 74° 16' 30" WEST A DISTANCE OF 303.45 FEET (RECORD 303.0 FEET) TO THE SOtrrHWESTERLY CORNER THEREOF: 'l'HENCE ALONG THE WESTERLY LINE OF SAID LOT EIGHT, BLOCK "B", NORTH 22° 34' 30" WEST (RECORD NORTH 22° 38' WEST) A DISTANCE OF 140.92 FEET; THENCE NORTH 74° 16' 30" EAST A DISTANCE OF 320.26 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN HYMETTUS AVENUE, DEDICATED AND ACCEPTED FOR PUBLIC USE ON SAID MAP 1788. PARCBL B I THAT PORTION OF LOT 8 IN BLOCK "B" OF SOUTH COAST ANNEX, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT MARKING THE INTERSECTION OF THE CENTER LINE OF FULVIA STREET AND HYMETTUS AVENUE; THENCE ALONG THE CENTER LINE OF SAID HYMETTUS AVENUE SOUTH 15 ° 43' 30" EAST A DISTANCE OF 183 . 89 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED FROM SOUTH COAST LAND COMPANY TO WILLI~ S. CARSON DATED SEPTEMBER 8, 1930 AND RECORDED IN BOOK 1814, PAGE 299 OF DEEDS, BEING THE TRt1Z POINT 01' BBGnmING; THENCE SOUTH 74° 16' 30" WEST ALONG THE NORTHWESTERLY LINE OF SAID CARSON'S LAND 320.26 FEET TO THE WESTERLY LINE OF LOT 8: THENCE ALONG THE WESTERLY LINE OF LOT 8, NORTH 22° 34' 30" WEST, (RECORD NORTH 22° 38' 00" WEST) A DISTANCE OF 50.74 FEET TO AN ANGLE POINT TlŒREIN: THENCE NORTHEASTERLY TO A POINT ON THE CENTER LINE OF HYMETTUS AVENUE AS SHOWN ON SAID MAP NO. 1788, DISTANT THEREON NORTH 15° 43' 30" WEST, 53.74 FEET FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 150 43' 30" EAST, 53.74 FEET ALONG SAID CENTER LINE, TO THE TRUB ponrr 01' BBGnDlIHG. EXCEPTING THEREFROM THAT PORTION LYING WITHIN HYMETTUS AVENUE, DEDICATED AND ACCEPTED ON SAID MAP 1788. bp3753a - -- - ..' EXHIBIT "B" ~ - . 1027 . CITY OF ENCINITAS -- . . -- '- - , ~ . ESTIMATE OF QUANTITIES AND COST , Reference 'T'PM QR-Ohl Area J.rymø+-+-"c:: :zI.vpnnA Road ' Quantities by ,Tprpmy Ri nrn p Oate 10/1-1-/QR Enimate8y !=:n pnginppring Oa-lO/R/QR No. I Quan~ity I Unit I . Item Unit PriC8 Amount 1 193 / LF '~6" curb/gutter per SDRSD G-2 13.75 ~,654 2 I 965 , SF 5' sidew~lk per SDRSD G-7 I 3.65 3,552 I 510 pF apshalt pavement over approv~d base /1. 65 . 342 3 4 , 100 ICY minor grading /4.10 r1O I I I Subtotal I /?428 I / 15% contingencf /1114 I I I Construction subtotal/ ~8,542 , I I Design (5.0%) 427 I I I (7 %) Contruction Staking /598 I , / Project Total I $t 567 I I / I I I I I I I , I I I I I I I I / I I I / , I I I I I I I I I I I I , I I I I I I I I ( I I I I This is an ESTIMATE ON l Y. Quantities. uniu and sizes may b. modified and are suojec:r to me approval of TOTAL 1$9,567 the final engineering :Ilans by the City Engineer. Remarks: .-