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1998-596812 Doc · Recording Requested By: ) OF~IOIAL REOORD~ city of Encinitas ) DIEGO CO T¥ EC DER'S OFFI i ~en Recorded Mail To: ) ~GORY J. SMITH, city Clerk ) FEES: City of Encinitas ) IN ~BLIC RIGHT-OF-WAY Assessor's Parcel Project No.: No. eGO- ~8~- O~ This AGREEMENT executed this lC> ~ day of ~TE~_ , 199 ~, by and between ~ q~ hereinafter called ~e O~ER, and the CITY OF ENCINITAS, a political s~division of the State of California, hereinafter called the CITY, is as follows: ~E~S, the O~ER o~s property described as: SEE E~IBIT "A" ATTA~ED HE,TO ~D ~DE A P~T HE.OF BY THIS ~FE~NCE ~E~AS, the O~ER is currently proposing 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 constr~cted 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 1493 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 -O~e~'~ 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 I~- ~- ~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 theCITY 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 es%~imates that the cost of construction of said improvements at the time of the signing of this Agreement is $ !0~. ~t (Exhibit "B"). The OWNER hereby acknowledges that sald 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 1494 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 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. bp3753a 149 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,, ~2/ lineal feet. Face of curb to be located 18 41~' ~eet from the centerline. 2) Sidewalk, ~1 lineal feet, ~.~ feet wide. 3) ~ driveway(s), ~ feet wide. 4) Roadways, 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~,v ~)~<~'= / ss. On ~'/~'/~ ,,c , before me, Date ' Name and T~tle of Officer (e.g., "Jane Doe, Notary Public") :)ersonally appeared Name(s) of Signer(s) [] personally known to me "~proved to me on the basis of satisfactory H. ELLIS ~ '~-ev©ence ROBERT 0 ~.~-'-~ Comm. #1158601 J O[~"'~,,I;:~"~OTARYPUBLIC CALIFO~J~ to be the person(s) whose name(s) is/are ~'~,~-~411~ SAN DIEGO cOUNTY · '~..c~/' Comm, Exp, Oct, 13, 2001 ,"~ subscribed to the within instrument and ~ ...... acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .~d and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ...... EJ Individual F~ Corporate Officer -- Title(s): Top of thumb here LJ Partner-- ~ Limited _-~ General LJ Attorney in Fact ~ Trustee [] Guardian or Conservator L~ Other: Signer Is Representing: © 1997 National Notary Association · 9350 De Sore Ave., Re Box 2402 · Chatswor~h, CA 91313 2402 Prod. NO. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" The property referenced by this agreement is described as follows: PROJECT NO. 5359-G PROPERTY DESCRIPTION LOT 13 IN BLOCK 104 OF CARDIFF VISTA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1547, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 1913. ASSESSORS PARCEL NO.: 260-281-02 bp3753a EXHIBIT "B" CITY OF ENCINITAS~9S ~is is an ESTIMATE ONLY. Ouantide: uni~ a~ siz~ may be modified and are suoi~ to the aocrovat of TOTAL j ~ ¢/ the final engin~rin~ plans by the City Engineer. ~o/ ~ Remarks: 499 L'rEN CONTRACT PLAT (APN 260-28'1-0;:') WARW:I:CK AVENUE -- AC PVMT SECTION JTURE 6" CURB & GUTTER SCALE; ~"=50' 4.5' PCC SIDEWALK REMOVAL OF 38 LF OF RETAINING WALLS (28'~WEST ~ ~i'@EAST) FUTURE 4.5' PCC FUTURE 6" CURB VENUE AC PVMT SECTION PE 742 PASCO ENGINEERING (6 f.g) 259-BE f.2 535 N. NNY J.O~., STE. A SOLANA BEACH, CA 92075