1999-637357
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1999-0637357
Doctt 1999-0637357
Recording Requested By:
City of Encinitas
When Recorded Mail To:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas. CA 92024
SEP 17~
AM
1999 9:25
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2391
OFFICIAL RECORDS
BAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 26.00
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Assessor's Parcel
No. 260-411-39
Project No.: 6065-GR
This AGREEMENT executed this 30th day of ~, 1999, by and between
Andrew L. Godman. a married man
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" ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHEREAS, the OWNER is currently purposing a sinQle 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
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2392
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 6065- G 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 tl. (
OWNER shall not be required to complete said improvements before ~ 1 "3ð 2002-
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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 $ 2035.70 (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
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2393
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, hislher
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 attorneys 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, hislher 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, hislher 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.
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2394
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, 37.5
from the centerline.
lineal feet. Face of curb to be located 15 feet
2) Sidewalk, 37.5
lineal feet, 5
feet wide.
3) Alley Improvements, AC Pavement, 262.5 SF
4) Drainage: as required.
5) Grading: as required
6)
Other:
a) Clearing and grubbing, as required.
b) Contingency; 10% of total cost of improvements
OWNER: Â:
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1/)1/17
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signature of owners to be notarized.
Attach the appropriate acknowledgements.
9EY OF rNCWIT ~S( (I (,
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Alan D. Archibald
Director of Engineering Services
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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2395
State of
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County of
0 / '/ \.30 before me,7?Iì¡UIJ,4 ~. /'I/<.N'ZJOK: AkJ79-7Ifr ;oO$' Ie'
I. I DàIe Name and Tille 01 0IIIcer (e.g.. .Jane Dotf'. Notary Public")
personally appeared ~R¿:-1z) d, ~t..).()¡y}/J-Ai ,
Name(s a/ Signer(s)
0 personally known to me - O~oved to me on the basis o~isfactory eV.idence to be the person(s)
whose name(s)" isliire subscrib~ the within instrument
and ac~ledged to me thaf hef$helthey executed the
r------ --uu-u ----u -, ~e Q hislÌ1erltheir authorized capacity(ies), and that by
-. . OFFICIAL SEAL c.. hi~rltheir signature(s) on the instrument the person(s),
. . RANDA G. MILLJOUR -th t'ty b h If f h' h th () t d
NOTARY PUBLlC-CALIFORNIA:D or e en I ~pon e a 0 w IC e person s ac e ,
. COMM. NO. 1204250 2 executed the Instrument.
SAN DIEGO COUNTY
MY COMM, EXP, JAN, 6, 2003
WITNESS my hand and official seal.
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SignaluI8 01 No
OPTIONAL
ThocJgh the information below is not required by law, if 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 Corporate Officer
Trtle(s):
0 Partner - 0 limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
.
Top 01 thumb here
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attomey-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
RIGHT THU~18PRINT
OF SIGNER
Top 01 thumb here
Signer Is Representing:
Signer Is Representing:
e 1994 Nahonal NOlaryAssoáation' 8236 Remmel Ave., P.O, Bo. 7184' Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Gall Toll-Fr.. 1-800-876-6827
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239C
EXHIBIT "A"
The property referenced by this agreement is described as follows:
ALL OF LOT 36, TOGETHER WITH THE SOUTHEASTERLY ONE-HALF OF LOT
37, IN BLOCK "E" OF CARDIFF "A", IN THE CITY OF ENCINITAS, IN THE 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.
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EXHIBIT "B"
CITY OF ENCINITAS
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2397
ESTIMATE OF QUANTITIES AND COST
Reference:
Community:
Road:
,
Quantities by: T. c:) NËÞ..L
Date: ì /l.-e/'9Ol.Estimate by:
\. 0 'NË6.L
Date: \./'2.~ I~q
No. Quantity Unit Item Unit Price Amount
"'5"1.CS"" L-F " C:1-'2... c ù fi4:!.. CO\ C::1ú"'\"'t1:::..~ \~.,ç '51S-.G,~
' . f.Þ
2. I€Jì.Ç" SF .os. \ 0 G:. W þ., L- "'" ~~ G:1-'"T 5. eøÇ" ~ e4 . ~ 8
'3. '3>î.S- L-F -$I..\Io.,)e....V'T ~X\ST ~~y PvMI-lT. '3. DC> \\'2.. .$"O
4. ~6.'2.ç SF AG p~" ~ \N\..::N.T ~ ~-P. Z. . oS- 5?>~ . \1>
-:so u ß '"tt:rr ð,. t... ~ I ~S-O - eø4
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----~ \ 0 C¡;7o ~M""~'C' - \ ~':). 0(,
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Total 2o~5."C>
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: