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1999-193783 . ' . . ' nn~ # 1n~q ~~o-n8- t 1 r:) 7 UU¡ !. . ~i\ï -. =1 '1. " ... J. ลก" , ~ í.- ,\..- .l. . . / w .' .J !' .¡.,J M A h' .-¡ 5 1 ~ C i-OJ .., . ~ L ~, '::.J :-.;~:- ~.L :l. ;:: ~ 7 A i""j Recording Requested By: ) OFFICIAL RECORDS City of Encinitas ) When Recorded Mail To: ) SAN D reGO rOUNTV Pp.'ORDER! C' nn'-IT lL ..! . ,~I..!. I.!J ul! '..! - City Clerk ) G~'EGOF;Y .]. SMITH, COUNTY FlCORDEF: - city of Encinitas ) FEES: ¡)J}O 505 South Vulcan Avenue ) 1111111111111111 III II I Encinitas. CA 92024 ) 1999-0193783 AGREEMENT FOR IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY (LIEN CONTRACT) Assessor's Parcel proj ect No.: EN 98-1326 No. 254-382-22-00 This AGREEMENT executed this 1st day of December , 1998 by and between Mark K. Gadbois -' 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: SEE EXHIBIT" A II A'rl'ACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE WHEREAS, the OWNER is currently proposing Construction of a new single famlly dwelling WHEREAS, the property is adj acent 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 agreeabie to the ex~cution of such an agreement; bp3753a . . 5128 . . 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 mak~ng the improvements specified herein, and required by CltyOrdlnance 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 1 year 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 im~rovements at the time of the signing of this Agreement is $ 931.94 (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 succassors, 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 . . 5129-- 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 .. . 51.- 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, 74 lineal feet. Face of curb to be located 15 feet from the centerline. 2) Sidewalk, 74 lineal feet, 5 feet wide. 3) 1 driveway(s) , 16 feet wide. 4) Roadways, additional 1 foot strip of a.c. paving (min. 4"A.C. on 6"A.B. pavement section) 5) Drainage: as required. 6) Other: a) Clearing and grubbing, as required. b) Relocate power pole(s). c) Undergrounding of overhead utilities per seperate covenant. d) OWNER: G,adbOiS , 4f~'OT / /':'-' ,L/' -'-' ) \ ,../" - .-/ I ' . '~~._._----- Signature of owners to be notarized. Attach the appropriate acknowledgements. t!Þ;~ ~:~ Director of Engineering Services bp3753a ~ I . . . CALIFORNIA ALL-PURP. ACKNOWLEDGMENT . 5131 State of rau ~t)rn'~,", County of 5"'-f ()\ £(;'1) --/ ",,-- ~ v On \.. \w\, d")d I , ate ~, ' personally appeared mOlY AdO Co¡S J Name(s) of Signerjs) ~ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personOO whose name(@are subscribed to the within instrument and acknowledged to me that@she/they executed the same in @her/their authorized capacity~), and that by J-- ...... ~ ~ ...... ~ ...... .-. ...... ..... ...... ..... @'her/ttieir signature(St on the instrument the person6S), .. J or the entity upon behalf ot which the personW acted, - . ~MSA IC. MERIIAM executed the instrument. ¡. rnmllllih "068111 I Notary NIID - CaIbnIa - . . 1 MNDEQ()COUN1Y! WITNESS my hand and official seal. Mv Comm. &p/tea Aug 10.1999 ... ... ... .... ... ... ... ... ... .... ... "IF (~~~ ~ ~u.~" - Signature of Notary Public OPTIONAL Though the information below is not required by law, 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(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual 0 Individual 0 Corporate Officer 0 Corporate Officer Title(s): Title(s): 0 Partner - 0 limited 0 General 0 Partner - 0 limited 0 General 0 Attorney-in-Fact 0 Attorney-in-Fact 0 Trustee 0 Trustee 0 Guardian or Conservator RIGHT THUMBPRINT 0 Guardian or Conservator RIGHT THUMBPRINT OF SIGNER OF SIGNER 0 Other: Top of thumb here 0 Other: Top of thumb here Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorde~ Call Toll-Free 1-800-876-6827 I '. . . .132 I EXHIBIT "A" The property referenced by this agreement is described as follows: THAT PORTION OF LOT 4 IN BLOCK "F" OF SOUTH COAST PARK ANNEX, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 2 9, 1924, AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED AUGUST 5, 1977 AS FILE NO. 77-319310 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON CENTER LINE OF EOLUS AVENUE, SAID POINT BEING THE NORTHWESTERLY CORNER OF THAT PARCEL OF LAND CONVEYED TO WALTER C. PERRY, ET AL , BY DEED DATED DECEMBER 22, 1936 AND RECORDED IN BOOK 604, PAGE 203 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; SAID POINT BEING SOUTH 15°43'30" EAST 534.81 FEET FROM THE POINT OF INTERSECTION OF THE CENTER LINE OF EOLUS AVENUE AND THE CENTER LINE OF GLAUCUS STREET; THENCE ALONG THE CENTER LINE OF EOLUS AVENUE NORTH 15°43' 30" WEST 20.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL TO AND 20 FEET NORTHWESTEJiU,Y MEASURED 'AT RIGHT ~GLES FROM THE NORTHERLY BOUNDARY LINE OF THE PARCEL CONVEYED TO PERRY, NORTH 80°16' 30" EAST 136.72 FEET; THENCE NORTH. 15 ° 43' 30" WEST 90.16 FEET; THENCE SOUTH 80°16'30" WEST 136.72 FEET TO THE CENTER LINE OF EOLUS AVENUE; THENCE ALONG THE CENTER OF EOLUS AVENUE SOUTH 15°43'30" EAST 90.16 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 25 FEET OF EOLUS AVENUE AS SHOWN ON SAID MAP. - < bp3753a '. . --.. - -- . .." . EXHIBIT "B" -, .. CITY OF ENCINITAS . 5133 , . ESTIMATE OF QUANTITIES AND cas. R fEN 98-1326 "Leucadia Ro d Eolus Ave. e erence ....rea 3 ,..,.. "t- b G.A.C. 1"1 12-01-98 ::." G.A.C. 1"1 12-01-98 .......an.. les V 1..13te _:tlmate cy 1..1 aTe No. I QuantitY I Unit I Item I Unit Price I Amount 1. I 370.0 I s.f. I SDRSD G-7 Sidewalk -12.90 ~1073~00 2. I 74.0 ILf. I SDRSD G-2 Curb and Gutter 12.60 ~ 932.00 3. I 160.0 Is. f. I SDRSD G-14 Driveway Approach I 3.0 0 ~ J 480.00 4. I 90.0 I s.f. I min. 4" A.C. on 6" A.B. pavement secti~n 2.00 ! 180.00 I I I I I I I I I I 10% Contingency I ~ 266.54 i I I I I I ¡ I I I I I ; ¡ I I I I I I I I . I i I I I I I / ! I I I I I i I I I I I I I I I I i I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I This is an ESTIMA TE ONL ¥. Quantities. units and sizes may be modified and are suoject to cne approval of TOTAL ~ 2 9 31.94 :ne final engineering plans oy the City Engineer. =lemarks: .- - -