1995-330574
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~9C I 1995-0330574
-- OY-AUG-1995 12:50 PM
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.. OFFICIM. RECORDS
Recording Requested By: ) SAM DIEGO CIIITY RECtIOER'S IfFICE
City of Encinitas ) GREOORV snITH , CtUfTY REcœDER
When Recorded Mail To: ~\ !O4 RF' 12.00 FEES: 28.00
City Clerk AF: 15. 00
City of Encinitas t\ rtf' 1.00
505 South Vulcan Avenue
incinitas. CA 92024 ) i
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT}
Assessor's Parcel Project No.:TM 94-199
No. 258-111-05,06, &30
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Th1s AGREEMENT ex~t tt. :;":: ,- ,
199 ~, by and between G'SC-D ~
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 II A" ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHEREAS, the OWNER is curren1;lY proposing a nine lot
Final Map
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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 aqreeable to the execution of such an
agreement:
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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 pQblic and for public streets.
2) The OWNER, in lieu of makiWc the im~rovements specified
herein, and required by Resolution o. PC 9 -06 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 Jan. 1, 1996 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 improv..ent 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
~ovements at the time of the signing of this Agreement is
.;L~O.CX> (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, notwith~tanding it ma~
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 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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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, assiqns 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
pl,'ovided 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, assiqns, 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 ~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.
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6) The OWNER will cause to be constructed, in accordance
with CITY standards, at his sole cost and expense, the followinq
improvements:
1) CUrb and qutters, 50 lineal feet. Face of curb
to be located 55 feet from the centerline.
2) Sidewalk, 50 lineal feet, 5 feet wide.
3) 1 driveway(s), 24 feet wide.
4) Roadways, AC paving as required.
5) Drainaqe: a8 required.
6) Other:
a) Clearinq and qrubbinq, as required.
b) Relocate power pole(s).
c) Signal Modification
d)
Siqnature of owners to be notarized.
Attach the appropriate acknowledqements.
~:~~ 7/r1/4-)
Alan C. Archibald I
Director of Enqineerinq Services
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~ALlfORNIA ALL.PURPOkaCKNOWLEDGMENT ~' No, 5907
State of California 208
County of San Diego
On July 5, 1995 before me, Rusty S. Bateman
,
DATE NAME, TITLE OF OFFICER - E.G" "JANE DOE, NOTARY PUBLIC"
personally appeared Alan Young
,
NAME(S) OF SIGNER(S)
Œ personally known to me - aRXJ(IIDqj~~~~~ä~~ØKIKaQ{
to be the person~) whose name~) is/am
subscribed to the within instrument and ac-
knowledged to me that he/~~ executed
the same in h i s/~~ authorized
capacity(ies), and that by his/tM~r
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
t ~~ ~ ,~ ~ 1.:.v~L~~~ ~ ~f WITN ESS my hand and official seal.
18. CØM*- I
NItaIy "* - CaIfanIa .. ~ Æ~,~ai)
SAN DIEGO COUMV
J"W" ~ ~ ~~Ccr:,~"~1~ 1~~1
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL Agreement for Improvements
D CORPORATE OFFICER
Public right of way
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S) @' LIMITED ~
GENERAL
D ATIORNEY-IN-FACT NUMBER OF PAGES
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave" P.O. Box 7184. Canoga Park, CA 91309-7184
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'--- EXHIBIT "A" '-"'" 209
ALL '!HAT roRI'IΠOF 'mE WEST HALF OF 'mE N:RlBFAST CPARI'ER OF 'mE N:RIHWEST CPARI'ER
OF SECITCN 15, 'IGfiSHIP 13 s::uIH, RAN3E 4 WEST, SAN BERNARDIN) BASE AND MERIDIAN, IN
'mE CI'lY OF ENCINI'I1\S, CXXJNIY OF SAN DIEID, SI7ITE OF CALIFDRNIA, ACCDRDm; 'ID '!HE
UNITED smms ~ SURVEY 'IHEREDF APPROVED APRIL 19, 1881, DESŒIBED AS
FOUŒS :
a:t+1ENCIN3 AT 'mE ~ CDRNER OF SAID NJRIHWEST CUARTER OF SECI'ICN 15; '!HENCE
OCVIH 8 9 ° 4 9 ' 3 0 " WEST AIC.N3 '!HE IDRIH LINE OF SAID N:RIHWEST CPARI'ER ; 6 7 3 . 31 FEEl' 'ill
'mE N::RmE'AST <XRNER OF A PARCEL OF LAND DESCRIBED IN DEED 'ill ALVIN T. CANDEE AND
WIFE :o.raED JANO'ARY 8, 1946 AND RECI:IIDED MARΠ4, 1946 IN OCOK 2073, PAGE 26 OF
OFFICIAL REOJRIlS; '!HENCE roJIH 1°34 '15" WEST AILN3 '!HE FAST LINE OF SAID lAND AND ITS
9X1IHERLY PROICN3lITIŒ, 534 . 22 FEET 'ill '!HE N:RIHFAST CDRNER OF A PARCEL OF lAND
DESCRIBED IN DEED 'ID HARRY W. JæNE(N AND WIFE IlZITED DEŒMBER 12, 1945 AND RECDRDED
JANUARY 8, 1946 IN OCOK 2032, PAGE 108 OF OFFICIAL REOJRIlS AND '!HE '!RUE rornr OF
BEGINNJN}; '!HENCE gxyrn: 87°14130" WEST (RECDRD SCXJIH 87°11'45" WEST) AIC.N3 'mE IDRIH
LINE OF SAID JaIN9:N' S lAND, 146 . 37 FEET 'ID 'mE ~ CORNER OF A PARCEL OF lAND
DESCRIBED IN DEED 'ID W. SIDLL AND WIFE IlZITED MARŒ 2 , 194 6 ÂND RECDRDED APRIL 1 7 ,
1946 IN OCOK 2100, PAGE 333 OF OFFICIAL RECXIIDS; 'IHENCE CI:NrrnUIN:; s::uIH 87°14'30"
WFSI' (REXDRD gxyrn: 87°11'45" WEST) AIC.N3 'mE NJRIH LINE OF SAID SIDLL'S- lAND, 288.38
FEE!' 'ill A ro INI' 'IHAT IS N:RIH 87 ° 14 ' 3 0 " FAST (RECDRD NJRIH 87°11'45" FAST) 241.61
FEE!' FRG1 '!HE INIERSECrIΠOF '!HE WESTERLY moICN3lITICN OF SAID N:RIH LINE wrm '!HE
WFSI' LINE OF SAID ~ CPARTER OF '!HE N:RIEWEST CPARI'ER; '!HENCE NJRIH 2 ° 4 5 ' 30"
WFSI', 186.00 FEEl'; '!HENCE AT RIGHT AN3I.ES gxyrn: 87°14'30" WEST, 226.81 FEEl' 'ill '!HE
WFSI' LINE OF SAID ~ COARTER OF '!HE N:RIEWEST CUARTER; '!HENCE NJRIH 1 ° 4 7 ' 30"
FAST AI.ŒG SAID WEST LINE 20. 06 FEEl' 'ID '!HE roJIHWE'Sl' CDRNER OF '!HE AFORESAID lAND
DESCRIBED IN DEED 'ID CANDEE; '!HENCE NJRIH 87°14'30" FAST (RECDRD N:>RIH 87°11'45"
FAST) ALC:N3 '!HE gxyrn: LINE OF SAID CANDEE'S lAND 676.60 FEEl' 'ID '!HE ~ CORNER
'IHEREDF; '!HENCE gxyrn: 1 ° 34 ' 15" WEST AI.CN3 'mE s:uIHERLY PROI.CN3ATICN OF '!HE FAST LINE
OF SAID IAND, 2 0 6 . 6 0 FEEl' 'ID '!HE '!RUE ro rnr OF BID INNIN3.
EX~rIN3 'IHEREFRCM ALL '!HAT FORI'IOO' LYJN; WI'IHIN '!HE FOI.J.ŒIN:; DESCRIBED
PROPERIY:
A SIRIP OF IAND 60.00 FEEl' IN WIDIH, LYIN3 30.00 FEET CN FAQI SIDE OF '!HE FOLLCMIN3
DFSŒIBED ŒNIER LINE:
BIDINNIN3 AT '!HE INI'ERSECTICN OF 'lEE CENI'ER LINE OF ROAD SURVEY 458-66 ( ENCINITAS
BLVD.) AND ROlID SURVEY 700-1 (SAXCNY RQ1ID) AS SK:MN CN PIATS OF SAID RQ1ID SURVEY 700-
1 CN FIlE IN 'mE OFFICE OF 'mE CXXJNIY EN3INEERS OF SAN DIÐ3) CXXJNI'Y, SAID rom BErn3
EN3INEERIN3 STATICN 0+00 CN '!HE CXNSIRUCI'ICN LINE OF SAID ROAD SURVEY 700-1 AND
HA VIN:; CIX)RJ) INA'lES N =3 2 2 , 317 . 9 0 9 AND E= 1, 6 8 2 , 9 3 3 .4 8 5 OF 'mE CALI FDRNIA <XX)RD INA'IE
SYSTEM GRID :z.a;JE 6; '!HENCE AI.ŒG SAID a:NSIRUCTICN NJRIH 4°03'29" WEST, 298.55 FEE!'
'ID '!HE BIDINNIN3 OF A 'mN3ENI' CURVE 'ID '!HE RIGHT, a::NCAVE EASTERLY RAVIN:; A RADTIJS OF
1,000 FEEl' ; -'!HENCE NJRIEERL Y AI.CN3 SAID CURVE 'IHRaJ3H AN3LE OF 5 ° 21' 3 0 " AN ARC
DISTANCE OF 93.52 FEEl'; 'IHENŒ 'rnN3ENI' 'ID SAID CURVE NJRIH 1°18'01" FAST, 540.91 FEE!'
'ID A romr CN '!HE N:RIHEm.oY LINE OF SAID SECI'ICN 15, DIsrnNI' ~ gxyrn: 89°49'30"
WEST, 12 FEEl' FRC.M 'mE ~ cœNER OF 'mE saJIHWEm' CUARIER OF 'mE roJIHWEST
00'ARl'ER OF særI CN 1 0 , 'Im'ÐIT P 13 OCUIH , RAN:;E 4 WEST , SAN BERNARD ill) BASE AND
MERIDIAN, SAID romr RAVIN:; '!HE <JXE)INA'IES N=323,249.963 AND E=I,682,922.384 OF 'mE
Q\LIFœNIA CXX1IDINATE SYSTEM GRID zam 6.
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'!HAT RRI'ICN OF 'mE WEST HALF OF 'mE N:RIßE'AgI' CtlARIER OF '!HE N:RlEWEST COARIER OF
SFrl'ICN 15, 'IœNSHIP 13 OCUIH, IWŒ 4 WEST, SAN BERNARDIID BASE AND MERIDIAN, IN '!HE
<nNIY OF SAN DIm) , S'm'IE OF G.LIR:EITA, ACD:IID IN3 'ID l1NI'IED smms roJERr.l.1ENr
SURVEY, APPROVED APRIL 19, 1981, 'ID3IIDIER WI'IH '!HAT R:RI'ICN OF PARCEL 2, IN '!HE
a:unY OF SAN DIEXD, sm'IE OF CALIRmIA, AS ~ AT PAGE 3037 OF PARCEL MAPS, FliED
IN '!HE OFFIŒ OF '!HE <nNIY REX:œIER OF SAN DIm) axJNIY, SEPI'EMBER 12, 1974,
DESCRIBED AS FOLI.ŒS:
,
CXM1ENCJN3 AT '!HE N:>RIHFAST CDRNER OF SAID N:RIHFAST ~ OF '!HE l'DRIHWæT
~; 'lHEN:E 9:XJIH 89°49' 30" WEST AI.CN; '!HE N:R!HERLY LINE OF SAID NJRIHFAgJ'
~ OF '!HE N:RmWFST (UARIER , 6 7 3 . 31 FEET 'ID AN INI'ERSECI'I CN WI'IH '!HE NRIHERL Y
PROIJ:N3.2ITICN OF '!HE EASTERLY LINE OF A PARCEL OF IAND CXNVEYED TO HARRY W. JCHN9:N
AND WIFE, BY DEED mTED DECEMBER 12, 1945 AND RECDRDED IN In)K 2032, PAGE 108 OF
OFFICIAL RECDRDS; '!HENCE 9:XJIH 1°34' 15" WEST AI.CN; SAID N:R!HERLY PROIJ:N3.2ITICN OF '!HE
FAST LINE OF IAND 9) a:NVEYED 534.22 FEEr 'ID '!HE NJRIHE'ASTERLY CDRNER OF SAID lAND;
'IHENŒ OCUIH 87° 11 ' 45 " WEST AI..CN:; 'mE N:RIHERL Y LINE OF SAID .xEN9:N lAND 146. 37 FEEr
TO '!HE N:RIHWESlERL Y CDRNER 'IBEREDF; BEIN3 '!HE TRIJE !Dmr OF BÐ3INNIN:7; 'IHEN:E
c:x::NrINUIN3 9:XJIH 87°53'12" WEST AI!N3 '!HE roJIHWESTERL Y PROI.£:N3ATICN OF SAID
IDRIHERLY LINE BEIN3 AIro '!HE N:>RIHFAS'lERLY PROI..CtGlITICN OF '!HE N::RIHERLY LINE OF A
PARCEL OF IAND cnNEYED 'ID ROBER!' B . ~Y AND WIFE, BY DEED D1ITED DEŒMBER 12 ,
1945 AND REXDRDED IN J3CX)K 2024, PAGE 49 OF OFFICIAL RECXRœ, 19 9 . 13 FEEI' i 'IHENŒ
roJIH 0°0'00" 123 FmI'; '!HENCE £nJIH 50°0 I 00" WEST 53 FEET; '!HENCE OCUIH 9°52' 09"
FAST 194.10 FmI'; '!HENCE 9:XJIH 68°37'12" FAST 12 FEEI'; '!HENCE £nJIH 21°22'48" WEST 20
FmI' ; 'IHENŒ 9:X1IHE'ASTERL Y AI..CN:; A 8 51 FOOT RADIUS aJRVE ŒNCA VE s::urHWESTERL Y IN '!HE
IDRIHERLY LINE OF IAND DESCRIBED IN DEED 'ID '!HE <nNIY OF SAN DIm), RECDRDED CN
APRIL 14, 1967 AS IX:JCn1ENI' ID. 52095 OF OFFICIAL RECDRDS 52 FmI' M)RE œ. IESS ro A
!D mr IN '!HE WES'lERL Y OCUIDARY OF SAID JŒINS:I\J IAND ; '!HENCE N:RIH 21 ° 2 3 ' 12" FAST
AI..CN:; '!HE WES'lERLY LINE OF SAID JœN9:N lAND, 418.30 FmI' M)RE OR rms- 'ID '!HE '!RUE
!Dmr OF BmINNIN3.
EXŒPT FR!:M SAID PARCEL 2 OF PARCEL MAP ID . 3 0 3 7 ALL OIL, GAS AND ornER MINERAL
RIGHI'S IN AND UNDER SAID PROPERlY 'IO3EIHER wrrn '!HE EXCilJSIVE RIGIT 'ID USE SUCH
roRI'ICN OF SAID PROPERlY LYIN3 M)RE 'lEAN 500. 00 FEET BE:I.œ '!HE SURFAŒ 'IHEREDF FOR
'!HE ÐITRACTICN OF OIL, GAS AND MINERAlS FRCM SAID PROPERTY OR PROPERTIES IN '!HE
VICINITY 'IHEREDF; ImEVER, WTIH ID RIGHI'S OF SURFAΠENTRY WHA'IIDEVER.
"-"';"~-' ,:.:"..' ,~",-.,c".;;-~:.. .r-....',.' 7'""~""'~:":"""-'--~"'-" ,.. -,-,-~=., ,'...', ...,..," :"",:",~,~"-"~.",-,.,_..~..._, ..,-,'~... _.~" ..-..
.. .."-'-"'-.."--'-~ ",..'-- ...'" "', .. , ... ..
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, . ,"'- EXHIBIT "B" A
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. .". CITY OF ENCINITAS 21J
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ESTIMATE OF QUANTITIES AND COST
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Reference TM 94 -1 9 9 Road Encini tas Blvd.
Area
John Powell & Assoc. 6-26-95
Quantities by Date Estimate By Data
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No. Quantity Unit . Item Unœ Price Amaun
1 50 If -Frontage U~it Cost, Curb, Gutter & SW 74 3700'
2 Is Median 3340
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3 Is Desig-n 1250
4 Is Contingency 960
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This is an ESTIMATE ONLY, CluantitifJS. uniu and sizes may be modified and are subject to the approval of TOTAL 9250
the final engineering plans by the City Engineer.
Remarks:
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