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1998-338316 814 JUN 05, 1~)98 i2:27' F'~ Recording Re~ested City of Encinitas ~N DIE~ COUNTY READER'S OFFICE ~en Recorded ~il To: G~G~ Oity Clerk FEES: 0.00 -city of Encinitas 505 sou~ ~lcan Avenue E:ai~itBS,For the benefitCA 92024of the City ) Ill Illllll Illlll II Illl I Ill II 1998-0338316 AG~ FOR ~PRO~S IN ~RLTC RIG~-OF-WAY CO Assessor's Parcel Project No.: En 98-399 No. 254-251-28-00 This AG~ executed this 20th day of April , 199~, by and between Edward E. Dunn and Julie Lyn Dunn hereinafter called ~e O~ER, and ~e CITY OF ~CINITAS, a political s~division of ~e State of Califo~ia, hereinafter called the CITY, is as follows: ~, ~e O~R o~s prope~y described as: SEE E~IBIT "A" A~A~D ~TO ~D ~DE A P~T ~OF BY ~IS ~F~CE ~, the O~R is cu~ently proposing development of a new single family dwellinq. 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 815 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 Ordinace 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 OWNE~ shall not be required to complete said improvements before · year or within such further period of time as is hereafter specified by the CITY, or such ex,:ended 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 $ 6248.00 (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 bp3753a 816 portion or portions of the property reasonably necessary for said construction, and~he 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, i~mediately 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 andis 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 8 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. 75 lineal feet. Face of curb to be located 20 feet from the centerline. 2) Sidewalk, 75 lineal feet, 5 feet wide. 3) 1 driveway(s), 15 feet wide. 4) Roadways, 4"a.c. on 6" a.b. min section a.c. paving 12' x 75' area. 5) Drainage: as required. 6) Other: a) Clearing and grubbing, as required. b) Relocate power pole(s). o) Grade to ultimate right of way. d) OWNER: Dunn~ Signature of owners to be notarized. Attach the appropriate acknowledgements. Alan D. Arc~{ibald Director of Engineering Services bp3753a CALII~ORNIA ALL-PURP(~ ACKNOWLEDGMENT State of County of ~)~/~ On ~'~ ,~, /~ before m~ ~ ~//~ ~V ~/~ p rson ,y pp red ~ personally known to me - O~ved to me on the basis of sa~o~ evidence to be the person(s) whose name(s) i~scribed to the within instrument acknowledg~ me that he/sh~ecuted the and *~ ..... **.~ same i~~thorized capaciJ~), and that by Corem ~Ogg~5~ ~ or the ~tg upon bohalf of which tho porson(s) actod, ........ WITNESS hand and official seal, MV Corem Exp ' ~nat~re O~ Nota* P~ OPTIONAL Description of A~ached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ~3 Individual ~ Individual ~ Corporate Officer ~ Corporate Officer Title(s): Title(s): E~ Padner-- ~ Limited ~ General ~ Padner-- ~ Limited ~ General LJ A~orney-in-Fact ~ A~orney-in-Fact L3 Trustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Conse~ator ~ Other: Top of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1995 National Notary Association · 8236 Remmet Ave, P.O Box 7184 · Canoga Park, CA 91309 7184 Prod No 5907 Reorder: Call Toll Free 1-800-876-6827 81 EXHIBIT "A" The property referenced by this agreement is described as follows: PARCEL A: PARCEL 1 AS SHOWN UPON PARCEL MAP THEREOF NO. 16101, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 31, 1990, AS FILE NO. 90-295480. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS, GENERAL UTILITIES AND DRAINAGE PURPOSES OVER THAT PORTION OF PARCELS 3 AND 4 OF PARCEL MAP THEREOF NO. 16101, FILED FOR RECORD MAY 31, 1990. SAID EASEMENT BEING SHOWN AND DESIGNATED ON SAID PARCEL MAP AS "MUTUAL PRIVATE ACCCESS, GENERAL UTILITY AND DRAINAGE EASEMENT." PARCEL C: AN EASMENT FOR PRIVATE DRAINAGE PURPOSES OVER THAT PORTION OF PARCELS 3 AND 4 OF PARCEL MAP THEREOF NO. 16101, FILED FOR RECORD MAY 31, 1990. SAID EASEMENT BEING SHOWN AND DEDICATED ON SAID PARCEL MAP AS "MUTUAL PRIVATE DRAINAGE EASEMENT." bp37§3a 5a--TI~ATH OF QUANTITIES AND COST' EN 98-399 Leucadia Hygeia Ave. G.A.C. 04/17/98 G.A.C. 04/17/98 ~anaties ~V Daze , ~:/mate ~y D~ No. ~ ~an:i~ Unit Item ~ Uni:P~ ~ Amoun: 1. ~ 375 s.f. SDRS (G-7)Sidewalk '~ 2.90 ~ $1088.00 2. ~ 75 s.f. SDRS (G-2)Curb and Gutter Type-G ~ 12.60 ~ $ 945.00 3. ~ 150 s.f. SDRS (G-14)Driveway ~ 3.70 ~ $555.00 4. ~ 900 s.f. Min. 4" A.C. on 6" A.B. asphalt section 2.05 ~$1845.00 5. 1.s. 1.s. Grading to ultimate right of way 1.s. ~$1000.00 ~$5433.00 10% Contingency ~$ 815.00 I-his is an ESTIMATE ONLY. Ouantizies, units anti sizes may ae moclifiect anc~ are su0~ :a :ne aaorovai of TOTAL $ 6 2 4 8.0 0 :~e f~nal engineering gtans ~V the City Engineer.