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1999-299397 IIIIIIIIII IIIIIIIIIII1#1111 ooo · 1998-0299387 Recording Requested By: ) 0FFI[~IRL REb-'OP~ City of Encinitas ) ~ i)IEB0 [AI~ITY EEC0RDER'S OFFICE When Recorded Mail To: ) b~(~Y J. ~ITH, COUNTY REC~ER City Clerk ) FEES: 0.00 Oity of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY AGREEMENT FOR IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY (LIEN CONTRACT) Assessor's Parcel Project No.: EN 99-26 )~ No. 261-09249-00 ~--~Q ThisAGREEMENTexecutedthis 18th day of March , 1999, by and between '.~_-~ EL 'bn&Oxfa~ Ld .L.C. __ ..... ~<(/hereinafter called the OWNER, and the CITY OF ENCINITAS, a political subdivision of the State t'J ~ 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 Construction of a sinRle family dwellin.q. 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, IT IS AGREED by and between the parties hereto 1) The CITY agrees to accept the dedications, if any, and upon the completion of the improvements required heroin to the satisfaction of the City Engineer, agroes to dedicate said improvements to the public and for public streets. 2) The OWNER, in lieu of making the improvements specified herein, and roquirod by city ordinance agroes, 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 requirod to complete said improvements beforo 1 year or within such further period of time as is hereafter specified by the CITY, or such extended pedod 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 heroin described has frontage; or b) When owners of moro than 60% of the frontage, between intersecting streets on both sides of the street upon which the property heroin 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 Agroement is $. 4803.70 (Exhibit "B"). The OWNER heroby acknowledges that said cost is a roasonable 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 heroby 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 heroin described, and in the event the OWNER, his/her successors, heirs, assigns, or transferoes 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 roasonably 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 transferoes, 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 foroclose 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 improvementsand 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 subordinatedto and declared to be infedor 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 pedod 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, 84.0 lineaifeet. Face of curb to be loceted 15 .0 feet from the centedine. 2) Sidewalk, 82.0 linealfeet, 5.0 feetwide. 3) 1 driveway(s), 16.0 feetwide. 4) Roadways, a 5.0 foot strip of pavincl 80 feet Ion,q alonq property fronta.qe with Dublin Ave. Minimum paved section 4"AC on 6'AB. 5) Drainage: as required. 6) Other: bp3753a a) Clearing and grubbing, as required. b) Relocate power pole(s). c) Under,qroundin.q of overhead utilities is per separate covenant. d) OVVNER: ~rt Mueller Signature of owners to be notarized. Attach the appropriate acknowledgements. Alan D. Archibald Director of Engineering Services bp3753a CALIFORNIA ALL-PURPO~ACKNOWLEDGMENT No. 5907 717 State of ~, z_; F~,~,~ County of ~'~ On//.f,~'r'N- ~.s- /~:~[ before me, J'-',~;c~ K..~..~--~,.)/,,. 7'Yor,~,./(l;b6u'c_ , DATE/ NAME, TITLE OF OFFICER - E,G,, JANE DOE, NOTARY PUBL C personally appeared NAME(S) OF SIGNER(S) [] personally known to me - OR - [~proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized ~-...~,~-'"'~-~*'i capacity(les), and that by his/her/their ~ c_.~r,.ma~#t~ ~= signature(s) on the instrument the person(s), ~'~!"~)' t,.~,~¢._.,~.~ _~[ or the entity upon behalf of which the ~_,~-,_c~j_~._~_~_ ~' person(s) acted, executed the instrument. WITNESS my hand and official seal,  // SIGNATURE OF NOTARY ' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIME0 BY Sl0NER DESCRIPTION OF ATTACNED DOCUMENT CORPORATE OFFICER TITLE OR TYPE OF DOCUI~ENT TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR OTHER: ~ DA~E ~OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 EXHIBIT "A" 47 ~_8 ' The property referenced by this agreement is described as follows: That portion of Lot 23 and Lot 24 in the Block 14 of Cardiff, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1298, filed in the Office of the County Recorder of San Diego County on November 14, 1910, More Particularly Described as follows: Beginning at the most Northeasterly corner of Lot 24 per before said Map No. 1298, said point also being shown on Record of Survey Map No. 12893, filed in the Office of the County Recorder of San Diego County, State of California, on September 20, 1990: thence S59°21'19"W, 99.67 feet; thence N30°37'47"W, 40.0 feet; thence N59°21'19"E, 99.67 feet; thence S30°37'47"E, 40.00 feet to the Point of Beginning. bp3753a 43'19 EXHIBIT "B" CITY OF ENCINITAS ESTIMATE OF QUANTITIES AND COST Reference: EN 99- ~6 Area: Encinitas Road: Dublin Ave. Quantities by G.A.C. Date 3/18/99 Estimate by G.A.C. Date 3/18/99 No. Quantity Unit Item Unit Amount Price 1. 400.0 s.f. A.C. Paving (4"A.C. on 6"A.B. min. section) 1.80 $720.00 2. 84.0 I.f. Pcc Curb & Gutter (SDRSD G-2) 10.50 $882.00 3. 410.0 s.f. Pcc Sidewalk (SDRSD G-7) 2.50 $1025.00 4. 160 s.f. Pcc Driveway Appmn (SDRSD G-14) 3.00 $480.00 5. 2 I.s. Pcc Pedestrian Ramps (SDRSD G-27, G-31) 630.00 $1260.00 7 0.0 s.f. Alley Paving (4"A.C. on 6"A.B. min. section) 1.80 $0.0 10% Contingency $436.70 Total $4803.00 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