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1997-637872' ' - DEC 16. 1997 ii: 1~', AM Recording Requested By: ; OFFICI~L RE~0RD~ City of Encinitas i 0M DIEGO C0~TY ~R'$ 0FFI~E ~en Recorded ~il To: E~GORY J. SMITH, 0~TY REaReR City Clerk ~ FEES: 0.~ -city of Encinitas 505 SOu~ Vulcan Avenue Encinitas. ~ 92024 ) For the benefit of the City AG~ FOR ~RO~S ~N ~BT.TC RIG~-OF-WAY Assessor's Parcel Project No.: EN 97-860 No. 260-411-36 This AGREEMENT executed this 3rd day of September , 199 7 , by and between David Dominy hereinafter called the OWNER, and the CITY OF ENCINITAS, a political subdivision of the State of California, hereinafter called the CITY, is as follows: WH~KEAS, the OWNER owns property described as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART h~EOF BY THIS REFERENCE WHEREASr the OWNER is currently proposing construction single family dwelling 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 constr~ct 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, 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 City Ordinance 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 09/03/97 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 $. 2427.75 (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 portion or portions of the property reasonably necessary for said construction, and the entire cost end 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 9aid 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 -. :' 559 6) The O~ER will cause to be const~cted, in accordance wi~ CITY standards, at his sole cost and e~ense, ~e following improvements: 1) ~rb and ~tters, 35 lineal feet. Face of curb to be located l~--~et from ~e centerline. 2) Sidewalk, 35 lineal feet, 4.5 feet wide. 3) driveway(s), - feet wide. 4) Roadways, widen existing paved surface to 1~' half street width. Minimum 4"a.c./6"a.b. 5) Drainage: as re~ired. 6) Other: a) Clearing and g~bing, as re~ired. b) Relocate power pole(s). c) d) - Attach ~e appropriate ac~owledgements. Alan D. Archibald Director of Engineering Services bp3753a CALIFORNIA ,ALL-PURPOOACKNOWLEDGMENT State Countyof persona,,y appeared [] personally known to me - OR - [~/~ved to me on the basis of~s~tisfactory evidence to be the person(s) whose name(C_.jsiare subscribe~L~ the within instrument and acknQ~yledged to me tha/._~e~s'he/they executed the same in~er/their authorized capacity(les), and that by · ! ~ Randa G Mii~jour, · ¥ ~her/their signature(s) on the instrument the person(s), ~¢_--..,~-'~,~). Corem #103~ !ol ~, or the entity upon behalf of which the person(s) acted, MyOomm Exp Jan 6 Ic~,q "~ ~ WITNESS my hand and official seal. ~//~ignature of Notary~bhc OPTIONAL Description of Attached Document Title or Type of Document: ~-~Q ,'~I ~'4~"~J.~,~'~ 4 ~ ! Document Date: /~/]/_¢/~ ~ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: /~4~),/¢~) ~)/~)//~//(~ .~' Signer's Name: ~lndividual © Individual ~ Corporate Officer [] Corporate Officer Title(s): Title(s): I~ Padner-- [] Limited [] General [] Partner-- lJ Limited ~ General LJ Attorney-in-Fact ~ Attorney-in-Fact [] Trustee [] Trustee [] Guardian or Conservator [] Guardian or Conservator Signer Is Representing: Signer Is Representing: © 1995 National Notary Association · 8236 Rernmet Ave., PO. Box 7184 · Ca~oga Park, CA 91309-7184 Prod. NO. 5907 Reorder: Ca~l Toll-Free 1 800-876-6827 ' ' 561 EXHIBIT "A" The property referenced by this agreement is described as follows: LEGAL DESCRIPTION Being a portion of LOts 33 anti 34 of Block 'E' of Can:lift 'A' in the County of San Diego, State of California. according to Ma,o therocf Ne. 13,34, filed In the Qfflce of the County RecoVer of San Diego County, May 12, 1911 more particularly described as follows: Beginning at the most Southerly comer of seid Lot 33, said point also being on the Easterly line of the Cambridge Avenue right-of-way; thence along the Westerly property line of said Lots 33 and 34. 1. North 31°10'00- West 35.00 Feet: thence leaving said property line 2. North 58o50,00- East 100.00 Feet to a point on the Easterly line of saJcl Lot 34, said point also being on the Westerly line of the alley right-of-way; thence along the Easterly property line of said Lots 33 and 34 3. South 31°10'00- East 35.00 Feet to a point on the Southerly line of said Lot 33; thence a~ong the Southerly property line of said Lot 33 4. South 58°50'00- Wast 100.00 Feet to the POINT OF BEGINNING. Contains 3,500 square feet more or less. bp3753a ~.' ": EXHIBIT "B" ' ' .... CITY OF ENCINITAS ESTIMAT5 OF QUANTITIES AND COST Reference Buildinq Permit EN97-86~re, Cardiff Road Cambridqe Ave. G. Caudill G. Caudill 09/0~/97 C~uant]ties ~¥ I~ate -"~tima:e ~V r~a~e NO. I C:2uantiw Unit I Item I UnitPrica Amount 2. i 157.5 s.f. Sidewalk (G-7) 2.90 1456.75 3. 140.0 s.f A.C. Paving and base 2.00 280.00 4. I 50 1.f. Undergr(~nding of overhead services 25.00 1250.00 !, This is an ESTIMATE ON LY. (::~uantitie~, units anc~ sizes may ~e rnoctif~ea anct are ~uoiect :o cite ao~:roval of TOTAL I 2 4 2 7.7 5 .~e final engineering plans ~¥ tb.e C£ty Enginee:. Rematt<3: