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2001-73216 Recording Requested By: City Engineer When Recorded Mail To: City Clerk ~ ~;"~' City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 ~-~.~ ¢ AGREEMENT FOR IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY (LIEN CONTRACT) Assessor's Parcel Project No.: 6440-G No. 260-071-60 ~.~¢ This AGREEmeNT executed this // ~l~ay of~:~ 2000, by and between ¢~¢'!~S¢¢ ~C 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" A~-ACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE WHEREAS, the OWNER is currently proposing 6440-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; bp3753a NOW THEREFORE, tT 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 city ordinance agrees, covenants, and promises that helshe 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 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 $_ 5,418.05 .(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 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. bp3753a 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. 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, 75 lineal feet. Face of curb to be located 30' feet from the centedine. 2) 1 driveway(s), 16 feet wide at street. 3) Roadways, 5) Drainage: as required. 142 ~, per RSD D-75 6) Other: Existing Curb & Gutter Demo @ 75 LP bp3753a a) Clearing and grubbing, as required, b) Sawcut and remove existing AC pavement ( ~/A LF). OWNER: Signature of owners to be notarized, Attach the appropriate acknowledgements. A /'~ C~Y~OF ENClNIT ~ [' ," '/ Alan D, Archibald, P,E, ' Director of Engineering Services bp3753a C~LIFORNIA ALL-PURPO~ ACKNOWLEDGMENT ; personally known to me - OR -~roved to me o~ {~e basis of satisfactory evidence to be the person~ whose namely) ~ subscribed to the within instrument and acknowle~dged to me that ~'~executed the same in ~r authorized capac~), and that by ~' s. G~Z~ ~t~¢ ~ig~at~ure~) on the instrument the person, or¢ the entity upon behalf of which the person~ acted, ~ C~ I~ ~ executed the instrument. OPTIONAL Though the information below is not required by lam it may prove valuable to arson ' p y g o e document and could prevent Description of Attached Document Document Date: Capacity(les) Claimed by Signer(s) P~ tF~ ' Signer's Name: Signer's Name: ~ individual ii Individual ;; Corporate Officer [ i Corporate Officer Title(s): Title(s): ~ Pa~ner ~ Limited ~ General ,~ Pa~ner ~ [~ Limited ~ General [ Attorneyqn-Fact ii A~omey-in-Fact ~ Trustee '~ Trustee Guardian or Conservator ~ [ ~ Guardian or Conse~ator ~ ~ Other: Top of thumb here ~ Other: T~p of thumb here Signer Is Representing: Signer Is Representing: © 1994 National NotaW Association · 8236 Remmet Ave , P O Box 7184 · Canoga Park, CA 91309-7184 Prod No 5907 Reorder: Call To{l-Free 1 800-876-6827 EXHIBIT "A" The property referenced by this agreement is described as follows: LEGAL DESCRIPTION THE LAND REFERRED TO'HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 24 OF RIDGEWAY HEIGHTS, iN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE RECORDER, JULY 3, 1929 AND AS SHOWN ON THE RECORD OF SURVEY OF SAID RIDGEWAY HEIGHTS, FILED FOR THE PURPOSE OF CORRECTING ERRORS IN THE ORIGINAL MAP BEING RECORD OF SURVEY NO. 1193, FILED IN THE OFFICE OF THE RECORDER SEPTEMBER 20, 1945, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAiD LOT DISTANT THEREON NORTH 89°57'30" EAST 354.77 FEET FROM TIlE NORTHWEST CORNER THEREOF; THENCE NORTH 89057'30" EAST ALONG SAID NORTHERLY LINE 150 FEET TO THE NORTHWEST CORNER OF LAND CONVEYED TO CECIL F. BURKHOLDER, ET UX BY DEED DATED AUGUST 26, 1952 AND RECORDED IN BOOK 4580, PAGE 247 OF OFFICIAL RECORDS; THENCE SOUTH 0°02'30" EAST ALONG THE WESTERLY LINE OF SAID LAND AND ALONG THE WESTERLY LINE OF LAND CONVEYED TO RICHARD I. MOSS, ET UX, BY DEED DATED AUGUST 20, 1952 AND RECORDED IN BOOK 4606, PAGE 592 OF OFFICIAL RECORDS, A DISTANCE OF 166.97 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 135.42 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID LOT; THENCE SOUTH 89057'30'' WEST ALONG SAID PARALLEL LINE 150 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 0002'30" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 0002'30" WEST 166.97 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE EAST 75 FEET THEREOF, ALL AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MAY 20, 1977 AS FILE NO. 77-195704 OF OFFICIAL RECORDS. bp3753a EXHIBIT "B" CiTY OF ENCINITAS ESTIMATE OF QUANTITIES AND COST Reference: Area: Road: Quantities by Date Estimate by Date No. Quantity Unit Item Unit Amount Price 490 SF AC Structural Section (6.5' width) $ 1.70 $ 833.00 75 LF G-2 Curb and Gutter ;14.50 $1~087.50 75 LF Exist Curb & Glitter D~mo $ 3.00 $ 225.00 375 SF 5' Sidewalk $ 4.00 $1,500.00 160 SF DrivewaV Reconstruction $ 8.00 Sl. 280.00 10% Contingencies $ 492.55 Total $ 5,418.05 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 bp3753a