1993-721967
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When Recorded Mail To: r~" , '-', DFFICJ(,I. ~~C[mDS
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City of Encinitas ) I ._"d, L I 'L ,V;l'<:',' .".)t,r" ¡ ~,~L,U';l!~r:
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505 South Vulcan Avenue) ~;~: ,;~;,u\Î
Encinitas. CA 92024 ) :r íL
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AGR~EMENT_í'OR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Assessor's Parcel Project No~:91-170 TPM
No~ 260-383-50
This AGREEMENT executed this ?2- "",01 day of 86fohJ2.-JÍ ,
1993, by and between Ronald and Jeanine Frank and Harold Grossman,
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:
2006-2008 Oxford Avenue
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHEREAS, the OWNER is currently proposing a Parcel Map for two
units, and
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;
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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 Resolution No. C-91-28 agrees, covenants,
and promises that he 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 the year
1996 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
$7670.00. 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
I 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 successors, heirs, assigns, or transferees fail to
install and construct said improvements in the manner and within
the time specified herein, he 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 employees to enter upon any portion or
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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
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 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 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 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 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 heirs, successors,
representatives, assigns, or his transferees to clear the record
title of the property so released of the lien herein imposed.
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6) The OWNER will cause to be constructed, in accordance
~ith CITY standards, at his sole cost and expense, the following
l.mprovements: As shown on Approved Plan 2948I dated April 21
1992. '
C~Y OF ENCINITAS
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Warren H. Shafe;¡
. City Manager
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6HomeFedBank FA ALL-PURPOSE CERTIFICATE
STATE OF CALIFORNIA
¡COUNTY OF San Diego
On October 22, 1993 , before me, Monica M Nares, Notary Public (here insert
name and title of the officer), personally appeared Jeannie Frank , 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacityOes), 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.
WITNESS my ~¡;dal seal. r~~ s . - ~ - 1
Î)f2A ~ ;, ,"". MONICAM. NÀRES I
;-;',,'.--, ',- COMM. #953110
SIGNATURE Let m y}¡~::r$ ,~NOTARY~BlfC.<':AI.:FOPN!A ()
U \ '.J~; . SAN D.Eao COUNTY i4
SAV-193 (12/92) ¡j \;~' MY~þ.4:S$IŒ~ SXPIRES ::.
J;" ~,.t1'<:i!~> Jp,NUAHY 20 1996 ¡
..-"..~..,~~ 'L
ml3721
. . ALL-PURPOSE CERTIFICATE . 623
6 HomeFedBank FA
J STATE OF CALIFORNIA
COUNTY OF San Diego
On October 22, 1993 , before me, Monica M Nares, Notary Public (here insert
'name and title of the officer), personally appeared Ronald Frank , 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 acknowledged to me that he/she/they executed the same in hislher/their authorized capacityOes), 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.
WITNESS my hand and official seal. ~ MONICA M. NARES I
COMM. #953410
NOTARY PUBl&CALIFORNIA ()
S;GNATURE //þ.d~C:t /1¡ SAN DIEGO COUNTY ~
MY COMMISSION eXPIRES....
SAV-193 (12/92) JANl),O;R.Y 20, 1996 I
6HomeFedBank FA ALL-PURPOSE CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF San Diego
On Ocotber 22, 1993 , before me, Monica M Nares, Notary Public (here insert
name and title of the officer), personally appeared harold Grossman , 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 acknowledged to me that he/she/they executed the same in hislher/their authorized capacityOes), and
that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
SIGNATURE ~ú fi1,/þ ~
,
SAV-193 (12/92)
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EXHIBIT "A"
The property referenced by this agreement is described as follows:
Lots 1 and 2 in Block 37 of Cardiff "A", in the City of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 1334, filed in the Office of the County
Recorder of San Diego County, May 12, 1911; and also
according to Parcel Map 16853, filed in the Office of the
County Recorder of San Diego County, May 2, 1992.