1998-755354
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. 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:
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. 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
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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.
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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
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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.
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- ..' EXHIBIT "B" ~
- . 1027
. CITY OF ENCINITAS --
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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
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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:
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