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1997-637871 " DOC , 1997-0637871 !' . .. ' -- 548 --- . DEC 16, 1997 11:13"AM Recordinq Requested By: ) OFFICIAL RECORDS city of Encinitas ) },- SAN DIEGO COUNTY ~{CORDER'S OFFICE When Recorded Mail To: ) .y" GREGORY J. SMITH, COUNTY RECORDER city Clerk ) ¡U FEES: 0.00 'city of Encinitas ) 505 South Vulcan Avenue ) 11111'1111111 Encinitas. CA 92024 ) For the benefit of the City 'i~ AGREEMENT FOR IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY 3"/ ( LIEN CONTRACT) Assessor's Parcel proj ect No.: En 97-1145 No. 260-411-01-00 This AGREEMENT executed this 14th day of October I 199~, by and between Beth Abramson and Stephan Beck 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" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE WHEREAS, the OWNER is currently proposing Construction of Single Family Dwellinq at 405 Liverpool Dr. WHEREAS, the property is adj acent 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 Enqineer 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 aqreeable to the execution of such an agreement; bp3753a &~ "-- -...-' 549 . 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 Municipal Code agrees, covenants, and promises that he/she will install, construct, or cause to be installed or constructed the improvements herein set torth at a time satisfactory to the CITY, provided, however, that the OWNER shall not be required to complete said improvements before 1 year. 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. Such 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 $ 6,634.00 (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 Aqreement 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 successors, 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 followinq: 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 . ., : ~ -...--' 550 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, assigns or transferees, immediately upon completion of said improvements, and in the event the same is not paid within 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 which 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 ti tle 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 periòd 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 ~ITY 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 . .' : "-- --./ 551 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, 150 lineal feet. Face of curb to be located 15 feet from the centerline. 2) Sidewalk, 150 lineal feet, 4 feet wide. 3) 1 driveway(s), 16 feet wide. 4) Roadways, 2feet strip 4"A.C. on 6"A.B. 150 lineal feet. 5) Drainage: as required. 6) Other: a) Clearing and grubbing, as required. b) Relocate power po1e(s). To be Completed per Assessment District. c) Undergrounding of service to the property{40 Lineal Ft.) d) OWNER: ~. ~~ â(¡~ ~~ ~ Signature of owners to be notarized. Attach the appropriate acknowledgements. services bp3753a " CALI~OR~IA ALL.PURPO~CKNOWLEDQMENT "-'" , 552 cA it. -tb }1.. ~ J Å State of County of 5AAJ ~~;;o . On ID/Jt./¿¡1 beforeme~~I:Q ~/,J~S , I 'Date~ ~ Name and Trtle of Officer (e.g., 'Jane Doe, Notary Public") personally appeared :e 1> hA~ c./<- , - , Name(s) of Signer(s) ~rsonallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person~ whose name(~ is/aFe subscribed to the within instrument and acknowledged to me that he/iReltÞey executed the same in his/lJ,8fltReir authorized capacity(ies), and that by ~~~~~i his/heI7tbeif signature(~ on the instrument the person(~, ~~~~~~;;~ or the entity upon behalf of which the person(et acted, '.. ~:... z executed the instrument. I NøIøY NIle - CaIbnIa ~ ~ DIEGO COUNIY I WITNESS my hand and official seal. J... ~ ~ ~~~~~~~~ ~~ 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: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual 0 Individual 0 Corporate Officer 0 Corporate Officer TItle(s): TItle(s): 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Attorney-in-Fact 0 Trustee 0 Trustee D Guardian or Conservator RICH' THi".1Bf'RNT D Guardian or Conservator RIc,HT THUrJlJPRIN T UI Sj: I,Lli 01 '01(;1" R 0 Other: Top of thumb here 0 Other: Top of thumb here Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 . CALIFORNIA ALL.PURPOL ACKNOWLEDGMENT .~ State of &y ,,1.1 ÂJ 553 County of ~ "'ÝìA~Î 0; to SO before me~ b, Jlll.£]{)tJ~ JJð1JìJt'Ý 'POðLIé, On 6:1. )61 Ie¡] ~7 , Date Name and TItle of Officer (e.g., 'Jane Doe, Notary Public") personally appeared cl!£7/-1 fIt3 Rs/Î 116ð A.) ~ , Name(s) of Signer(s) 0 personally known to me - OR -~d to me on the basis ~sfactOry evidence to be the person(s) whose name( isl e subscribed to the within instrument and ackno=d to me that he/she/they executed the ~........................~ S~i her eir authorized capacity(ies), and that by . . ",., Randa G. Milljour h' eir signature(s) on the instrument the person(s), ~. I . Camm. #1038151 ñ or the entity upon behalf of which the person(s) acted, :3 .'. NOTARY PUBLIC.CALIFORNIA : executed the instrument. SAN DIEGO COUNTY . My Comm Exp Jan 6, 1999 I WITNESS my hand and official seal. ...t.................... ~~' 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: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual [J Individual 0 Corporate Officer [J Corporate Officer Title(s): Title(s): 0 Partner - 0 Limited 0 General [J Partner - 0 Limited 0 General 0 Attorney-in-Fact [J Attorney-in-Fact 0 Trustee [J Trustee 0 Guardian or Conservator RIGHT THUMBPRINT [J Guardian or Conservator RIGHT THUMBPRINT OF SIGNER OF SIGNER 0 Other: Top of thumb here [J Other: Top of thumb here Signer Is Representing: Signer Is Representing: iC) 1995 National Notary Association' 8236 Remmet Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 .. '-' ----..,¡ 554 EXHIBIT "A" The property referenced by this agreement is described as follows: Lots 47 and 48 in Block "E", Cardiff "A", according to Map thereof No. 1334, filed in the Office of the County Recorder, San Diego County, May 12th, 1911. , bp3753a - ..- - -.-.' .. -- . - . ,.' EXHIBIT uBu .' . '" 555 ' CITY OF ENCINITAS ----./ '- . . . . . ESTIMATE OF QUANTITIES AND COST Reference Beck / Abramson Area Cardiff Road 405 Liverpool Ave. Quantities by G. Caudill Date 10/14/97 Ettiman By G. Ca udi II Date 1 0 / 14/ 97 No. I Quantity I Unit I Item Unn Price I Amount 1 I 150 Il.f. /. Curb and Gutter '/12.60 I 2 560 I s.f. 1 Sidewalk (G-7) 1 2.90 1 3 I 160 I s. f. I Driveway (G-14) / 3.00 41 4 I 320 I s. f.' 4" A.C. . over b" A.B. / 2. 00 I ~ I 40 I 1. f. Underground electrlc :=.ervice I 50.00 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 1 I / I I " ¡ I I I I I I I , I I I 1 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 aNL y, Quantities, unia and sizes may be modified and are suoject to the approval of TOTAL I $6,634-.00 the tinal engineering plans by the City Engineer. Remarks: