1999-193788
, . DOC t 1999-0193788
5145
MAR 25. 1999 11:38 AM
Recordinq Requested By: ) lFFICI~ RECORDS
City of Encinitas ) ~ DIEGO COltITV REcœDER'S OFFICE
When Recorded Mail To: ) Gli{GIJRV J. SMITH, COLtHV REC!JìIIR
City Clerk ) FEES: 0.00
city of Encinitas )
505 South Vulcan Avenue ) III~II~~IIIIIIIIIIII
Encinitas. CA 92024 )
~tj{d 1_0183788
AGREEMENT FOR IMPROVEMENTS
,1ft IN PUBLIC RIGHT-OF-WAY
~'<' (LIEN CONTRACT)
Assessor's pa~l~ Project No.: EN 98-1500
No. 261-101-02,03
This AGREEMENT executed this 3rd day of November ,
199~, by and between William G. Bruninq anß Gail J. Bruninq
hereinafter called the OWNER, and the CITY OF 'ENCINITAS, a:
political subdivision of the State of California,,; hereinafter;
called the CITY', is as follows:
WJæREAS, the OWNER owns property describecias:
SEE EXHIBIT "A "ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHEREAS, the OWNER is currently proposinq demolition of
existinq twinhome and replacement with new sinqle family dwellina.
WHEREAS, the property is adjacent to an incomplete street, and
WHEREAS, the improvement will qenerate more traffic and the
OWNER has aqreed to provide the riqht-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 aqreement to
construct said improvements in the future and to qrant 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
aqreement;
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SCANNED
. 5146 .
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
forth at a time satisfactory to the CITY, provided, however, that
the OWNER shall not be required to complete said improvements
before 1 vear 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
Iwhich,'.the' property herein described' has frontage¡have-
Jpeti tioned the CITY to form .an improv'emrntdistrict ':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 es\:imates that the cost of construction of said
improvements at the time of the signing of this Agreement is
$ 2.935.00 (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 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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. 5147 .
portion or portions of the property reasonably necessary
for said construction, and the entire cost and expense of
said improyements 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 eyent 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 alien, 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 tàthe
c:ontriirY'notwi thstanding, the prolllises, and., coVenants miide 'herein
shall not be,binding upon the holders, mortgagees, or "beneficiaries:
of any purchase money mortgage or trusbdeèd, :for Yalue'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:
1) CUrb and gutters, ~ lineal feet. Face of curb
to be located ~ feet from the centerline.
2) Sidewalk, ~ lineal feet, ~ feet wide.
3) 1 driveway(s), ~ feet wide.
4) Roadways, minimum 4IN AC over 6IN AB Class II,
550SF.
5) Drainage: as required.
6) Other:
a) Clearing and grubbing, as required.
b) Relocate power pole(s).
c) Underground existing main overhead utilities
by separate covenant
d)
°W!lER: .
Signature of owners
Attach the appropriate
:a:~!~
Director of Engineering Services
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C~LlFORNIA ALLoPURPc8 ACKNOWLEDGMENT 85149
State of ~
County of 1Jrì before me, ?iWOJl ¡f-¡t¡ /~¿;j{) ul? AJð71ltf'1 P()I3Uç.
On "Îlð1), (é, /C)9 f5
. Date N,me ,"d 11t1a ,I Oft'ce' (a.g" 'Ja", 000, N,ta.., Po".')
personally appeared V/.uJ,4M ~, ~ (]4/¿ ..T. ß¡(Ulllt1.Jf)
N,me('j ,I S',"e,!,)
D personally known to me - OR -~oved to me on the basis of s=Ory evidence to be the person(s)
whose name(s) is are bscribed to the 'thin instrument
and acknowl~ me that he/sh Ithey xecuted the
,!+'.""'."_""'III...,~K."'~i same in . h /their uthorized capacity les), and that by
¡ §I ","de G. M'"I'"' his/h ¡their' ignature(s) on the instrument the person(s),
. :' Comm. #1033151 \1 or the en Ity upon behalf of which the person(s) acted,
, '... NOTARYPUBUC.CAUFORNIA .~ executed the instrument.
J . SAN DIEGO COUNTY t
t ',', My Comm Exp Ja" 6, 1999 :t: WITNESS my hand and official seal.
~... ..--....... ,.
~~ ~~~
OPTIONAL
Though the intormation below is not required by law, it may prove valuable to persons relying on the document and could prevent
traudulent removal and reaffachment ot this torm 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:
D Individual D Individual
D Corporate Officer D Corporate Officer
Title(s): Title(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney-in-Fact D Attorney-in-Fact
D Trustee D Trustee
D Guardian or Conservator . D Guardian or Conservator a
D Other: Top of thumb here D Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
"'995 N"'"" Nole.., A""""allo"' 8236 Remmat Ma.. P.O. 80' 1164' Ca""ga P"k, CA 9130'.1164 P'od. No. 5907 Raolde. Call ToII-F", 1-800-876-6827
. . 850
EXHIBIT "A"
The property referenced by this agreement is described as follows:
Lots 43 and 44 in Block 6 of Cardiff, in the City of Encinitas, State of
California, according to Map thereof No. 1298, filed in the office of the
County Recorder of San Diego County, November 14,1910.
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.' .' - EXHIBIT "B"
- " . - CITY OF ENCINITAS.
5151
.
ESTIMATE OF QUANTITIES AND COST
EN 98-1500 Cardiff S~n'E1ijo Avenue
Reference Area Road
GAC Nov 03 1998 GAC Nov 03 1998
Quantities by Oate Estimate By Ozœ
No. I Quantity I Unit I Item UnitPric:e Amount
1 /250 I sf þSDRSD G-7 sidewalk 2.90 725,00
2 I 50 ¡If SDRSD G-2 curb and gutter /12.60 630.00
3 /160 I sf SDRSD G-14 driveway approach, I 3.00 '/480.00
4 I 550 I sf min 4"ACl6"AB section pavement I 2.00 IUOO. 00
I I I I
I I I I
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I I I J I
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I I I I I
I ' I I I I
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I I I I I
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This is an ESTIMATE ONLY. Quantities. units and sizes may be modified and are subject to [he approval of TOTAL I 2935.00
[he final engineering plans by the City Engineer.
Remarks:
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