1999-558160
. > DOC~ 1999-0558160
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Recording Requested By: ) AUG 12, 1999 10:49 AM
City of Encinitas ) IJFIClfl RECIiDS
When Recorded Mail TO: ) ~ DIEOO COOOV RmRŒR'S (ffIŒ
(Ø City Clerk ) IimRV J. SMITH, CIlMV RECCRIIR
City of Encinitas ) FEES: 29.00
~ 505 South Vulcan Avenue ) IIIIIIIIIIIIII
Encinitas. CA 92024 )
I~~
1999-0558160
~~ AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
,. ì~rP (LIEN CONTRACT)
Assessor's Parcel No. 256-400-39 Project No. 5941 G
This AGREEMENT executed thisJæday of~ 1999, by and between-
Adelaide Andrews. a Married Woman as her Sole and Separate Propertv
hereinafter called the OWNER, and the CITY OF ENCINIT AS, 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 5941 - G
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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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 5941- G 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 S /, / 0 \
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 $ 1(P 1-4?£.\ - DO (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 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, 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 attorneys 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 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:
SUNSET DRIVE SURF ACE IMPROVEMENTS:
1) Curb and gutters, 197 lineal feet. Face of curb to be located 15 feet
from the centerline.
2) Sidewalk, 197 lineal feet, 5 feet wide.
3) Roadways, AC Pavement, _197 SF
4) Drainage: as required.
5) Grading: as required.
6) Other:
a) Clearing and grubbing, as required,
b) Project Design and Survey, estimated cost to be 10% oftotal cost of
improvements
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ORPHEUS AVENUE SURFACE IMPROVEMENTS:
1) Curb and gutters, 145 lineal feet. Face of curb to be located - feet from
the centerline.
2) Sidewalk, 145 lineal feet, 5 feet wide.
3) Roadways, AC Pavement, - 580 SF
4) Drainage: as required.
5) Grading: as required
6) Other:
a) Clearing and grubbing, as required.
b) Project Design and Survey, estimated cost to be 10% of total cost
of improvements
OWNER:
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signature of owners to be notarized.
Attach the appropriate acknowledgements.
lJ1J ßlrJiW
Alan D. Archibald
Director of Engineering Services
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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,
State of C I1..lÅ h (l.À 0.
Cotr1ty of ~ U\~jO
~P\'~r-\- 1\. \J..:~ Nok'( ~\J~\\(
On ~~lp'\:b I ,~qq before me, ,
H8m8 8IId 1118 01 (..... ...... 008, NaI8Iy Public")
personally appeared ~Jt. \ u..\ Je. WftwS ,
N8m8I8I 01 SIgnet(8t
0 personally known to me - OR - ~ed to me on the basis of satisfactory evidence to be the person~
. whose name~ em,. subscribed to the within instrument
. and-etomø_~_1he
same in tì authorized capacity(~, and that by
hislherJ\heir s tu~on the Instrument the ~rson~
r . . . or the entity upon behalf of which the person acted, .
a. ROBERT M NEILL ~ -- the Insbument. .
- Comm. # 1130404
II) NOTARY PUBLIC. CALIFORNIA (J) WITNESS my hand and official seal.
Sin Diego Count~ -
My Comm. Expires M"ch 20,2001'" . ~ It¡ M/
ISI n8IIn 01 NIIIIrr f'IIbIIc
. OPTIONAL
Tht:Ju{ h lire inIomraIIon below is not requit8d by law, I m8Y ptr1II8 .... 10 peøons ,.., on ". cIocumenI and could pt'eVfIIJI
fraudulent I'fImt1WII and tNfI8drnJenI 01 ". Ionn 10 W/Other docIm8nt.
Description of Attached Document
TItle or Type of Document: ~1 repl'\~" \- ~r IN1frc.. ve ~e",~ S" \1'\ pvbl,£.. R.",,¡" ¿ ~'^-"JC
Document Date: -7.1.lJJj ~ Number of Pages: 7
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Offtcer
Title(s): Title(s):
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attomey-in-F act 0 Attorney-in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator 0 Guardian or Conservator f'\I(;IIT THiJr,,'['è'CJfNT
u "fC'lt"
0 Other. Top of 1humb here 0 Other. Top of lhumb here
Signer Is Representing: Signer Is Representing:
.
01994 National NotaryAssociallon' 8236 Remme' AV8.. P.O. Box 7184' Canoga Park, CA 91309-1184 Prod. No. 5907 ReORl8r: CII TofI-F...1.800-876-6827
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EXHIBIT" A"
The property referenced by this agreement is described as follows:
ALL THAT PORTION OF LOT 27 IN BLOCK 'V' OF SEASIDE GARDENS, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE MAP THEREOF NO. 1801, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 6, 1924 AND MORE
RECENTLY SURVEYED AND SHOWN AS LOT 27, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO RECORD OF SURVEY NO.
16224 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON JUNE 25,1999.
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. EXHIBIT "B" 3101
'- CITY OF ENCINIT AS
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ESTIMA TE OF QUANTITIES AND COST
Reference: ~q41 G Community: ENCINITAS Road: SUNSET DRIVE AND ORPHEUS
Quantities by: BOB SUKUP Date: 7/16/99 Estimate by: ~ BOB SUKUP Date: 7/16/99
No. Quantity Unit Item Unit Price Amount
SUNSET DRIVE
1 I 197 S.F. A.C. PAVEMENT 1.60 315
? ,Q7 I F' r.IIRR R. r..IITTER 12.60 2482
3 985 S.F. CONCRETE SIDEWALK 3.40 3349
4 L.S. MISCELLANEOUS GRADING 1000
SIIR TnTAI 7146
10% CONTINGENCY 715
TnTft' 7Qh1
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ORPHEIIS
5 580 S.F. A.C. PAVEMENT 1.60 928
6 145 L.F. CURB & GUTTER 12.60 1827
7 725 S.F. CONCRETE SIDEWALK 3.40 2465
A 1 . S MISCELLANEOUS GRADING 1000
SUB TOTAL 6452
10% CONTINGENCY 645
TOTAl 7097
9 DESIGN & SURVEYING (10%) 1496
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Total $16.454
This is an ESTIMATE ONLY. Quantities, units, and sizes may be modified and are subject to the approval of the final engineering
plans by the City Engineer.
Remarks: