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1998-507037 , ' · 7'7/0 J.llU City of Encinitas ) ~N DIEGO COUNTY ~CORER'S ~FICE ~en Recorded Mail To: ) C~GORY J. SMITH, ~TY REORDER City Clerk ) F~S: 26.00 01ty of Enolnltas ) Enolnltas. ~ ~0~4 ) ,~. ! 1~8-0~7037 ~"~ AG~ FOR IMPROVES ~, -{ IN ~BLIC RZG~-OF-WAY Assessor's Parcel Project No. :TPM 97-062 No. 254-055-20 This AGREEMENT executed this day of , 199__, by and between JOHN A. DAVIS, A SINGLE MAN 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 A TWO PARCEL PARCEL MAp 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 913 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 Notice of Decision DCD-97-32 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 ~- O~- ~OOo 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 $.3861.22 (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 bp3753a 914 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 bebinding 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. bp3753a 915 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, 47 lineal feet. Face.of curb to be located 15 feet from the centerllne. 2) Sidewalk, 15 lineal feet, 5 feet wide. 3) 2 driveway(s), 16 feet Wide. 4) Roadways, N/A 5) Drainage: as required. 6) Other: a) Clearing and grubbing, as required. b) Relocate power pole(s). d) Signature of owners to be notarized. Attach the appropriate acknowledgements. Alan D. Archibald Director of Engineering Services bp3753a 916 " CALIFORNIA ALL-PURPC~ACKNOWLEDGMENT State of C.~/--[ ~:O ~/Q~," ,~ Count~of ~'/~/'--/ O; ~-p personally appeared ~ ~-/ ~q ~ /~).~ V [] personally known to me - OR -~2/proved to me on the basis of satisfactory evidence to be the person(~ whose name~) is/.am subscribed to the within instrument and acknowledged to me that he/shc/thcy executed the ~ same in his/l~er/their authorized capacity.(-ie.s), and that by '.~-' - ....... his/her/theh, signature(s} on the instrument the person(s), I ..~j:3.:3.:3.:3.:3~JANICEI(.SWENSON ~ or the entity upon behalf of which the person(-~)-acted, U .,~*.:,~.J~.~ COMM. ,~ 1030780 '_. executed the instrument. , \~lYy SAN DIEGO COUNW ! ~ - -MyC°mm'. ~ ~ ~E~°ire~JUN22'~ - ~ ~ lgg~.~ WITNESS my hand and official seal. OP~ION-A L' ' Signatur~f Note* Public Though the information be/ow ie not required by/aw, it may prove valuable to persone relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document /~ [2/V ~ ~-~/~ ~ ~5-- ..l ~ Title o.r Type of Document: (~ ~.,~..~..,'~..~,~ ~_,,~.~.~/.~,~' ~ D°2'~?flent [~a~e: ~ ~'~/P-~ L/~"'~'~'~ ~' ~') c////~"/¢ '7 Number of Pages: ? Signer(s) OtherThan Named Above: ~j/-,+~ D. /:IE_~; Capacity(les) Claimed by Signer(s) Signer's Name: ~IC,~m D,~v¢-~ Signer's Name: ~J,~ Individual [] Individual Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner-- [] Limited [] General [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee [] Trustee [] Guardian or Conservator [] Guardian or Conservator [] Other: Top of thumb here [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: 917 EXHIBIT "A" The property referenced by this agreement is described as follows: A portion of Lot 19 in Block #F" of SOUTH COAST PARK NO. 5, in the City of Encinitas, County of San Diego, State of California, according ~o Hap thereof No. 2078, filed in the office of the County Recorder of San Diego County, November 21, 1927; and s portion of North Leucadia, in the County of San Diego, State of California, according to the Map thereof NO. 524, filed in the Office of the county Recorder, and by Record of Survey No. 701, described as a whole as follows: Beginning at a point in the westerly line of Lot 19, Block "F# of said South Coast Park No. 5, distant thereon South 19'26'45" East 93.34 feet from the common Westerly corner of Lots 18 and 19 ofl said Block "F#; thence parallel with the common llne between said Lots 18 and 19 ~nd the Northeasterly prolongation thereof North 70'33'15- East 199.64 feet to s point in a portion of the Northwesterly boundary of that parcel of land conveyed to Leslie G. Wise et ux by deed recorded 11-6-45 in Book 1966, Page 40 of Official Records; thence along said portion of boundary South 15"47'15, East to that angle point in said boundary which bears. North 15'47'15' West 50 feet from the intersection of the Southeasterly prolongation of said portion of boundary with the Northerly line of South Coast Park No. 4, Hap No. 2049; thence continuing along said Wise boundary Westerly in a straight line to the most Westerly cornez of said Wise land in the Westerly line of said Lot 19, Block "P.. of South Coast Park No. 5, laid~ost Westerly corner being distant along said Westerly line of Lot 19, North 19e26'45" West 50 feet. from the most Southerly corner of said Lo= 19; thence along said Westerly line of Lot 19 North 19'26'45" West 50 feet to the POINT OF BEGINNING. bp3753a 918 ' EXHIBIT "B" CITY OF ENCIN/ ESTIMATE OF QUANTITqES AND COST Reference Area Leucadia Raad. Neptune Ave, ~,,andtiesby Pasco Rng. Oa~e 9-1~-Q7 S~imateSy 3.Y. O~ 9-16-97 No. ~an~ Unit Item U~ic PH~ Amoun 47 ~ LF 6" TYPE "G? CURB AND GUTTER $12.60 $592~20 2.90 43.5() 190 SF PCC DWY APRON 3.70 703.00 70 SF 4" AC/6" 'CL II AG. BASE 2.45 171.50 ~ ENGINEERING DESIGN r1500.00 ~ SURVEY 500. oo ~is i~ an ESTIMATE ONLY'. ~uanti~, uni~ a~ siz~ may be modified an~ are ~u0i~ to the a~0roval ~f TOTAL ;3861.22 the final engin~ring plan~ by ~e City Engineer. Remarks: