1995-462196
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Recording Requested By: )
city of Encinitas )
When Recorded Mail To: )
city Clerk )
City of Encini tas ) "-
505 South Vulcan Avenue)
Encinitas. CA 92024 )
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Assessor's Parcel Project No.: 93-175 MUP
No. 258-111-12 , & 13
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This AGREEMENT executed this ;< 6 -- day of x.fl-r£~~~,
199~, by and between H.S.P. ENCINITAS,INC.' - .,
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 proposing the Encinitas
Auto Center
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
8 8 1395
,
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 RES. 95-03 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 q.- Z b - <-)' 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
$ \, 1.. cx.)(:, (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
8 8 1396
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.
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8 8 1397
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 ¿ìO lineal feet. Face of curb
to be located 4~ feet from the centerline.
2) Sidewalk, "'? I 0 lineal feet, 5"" feet wide.
3) 1- driveway(s) , 'N /A, feet wide.
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4) Roadways, Ac PAv'IN4 I !ÝIéO/ÁN LANÖ5> <4-P /\¡-.Jlì
5) Drainage: as required.
6) Other:
a) Clearing and grubbing, as required.
b) Relocate power pole (s). NO'1 ES 7/IV}/\TE]J 4ï Tit-IS
cj T'I'VI€ . "70 13.<:: /NC.LiJ DtV
d)
OWNER: ~ D
$P~ ; ~-
DX,' ~'¥iI:&/h/ ~
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
1J1;J}j~
Alan D. Archibald
Director of Engineering Services
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8 8 1398
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of 01l"rIJ/J..,)t/f
County of lö:!> A-A){?ßù} ç:
On S£ffl!~I3£1L 'J-t, ICJ9s- before me, Po /9#$!1}J f. VIl1/ 1 S No TII~ ~15 i)~ ,
DATE NAME, TITLE OF OFFICER' - E.G" "JANE DOE, N T ARY PUBLIC"
personally appeared }þYí S. f),æÞéE ,
NAME(S) OF SIGNER(S)
0 personally known to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the personJÆ): whose nameJ$-) is/pre
subscribed to the within instrument and ac-
knowledged to me that he/&Þe/tbey executed
the same in hi s/tJ.er /t b-e'i r authorized
capacity(1e"s), and that by his/.Þ-er/tPl"eir
signature~ on the instrument the personfs),
or the entity upon behalf of which the
person(.st acted, executed the instrument.
WITNESS my hand and official seal.
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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 CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL A~¡::èJ!J1ßJ./r Fpfl. J/YJ(WfJi!ðlAelll¡:J
œ CORPORATE OFFICER uJ /91.)f3¿.) f ~J ¡J Jfí-o F - Jr) /Jy
.'0
rl<~>. TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNER{S) 0 LIMITED
0 GENERAL J.¡ piA» Ir xll)/fJ iT-> vJ v IS
0 ATTORNEY-iN-FACT NUMBER OF PAGES
0 TRUSTEE{S)
0 GUARDIAN/CONSERVATOR '/hvhS'
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OFPERSON(S) OR ENTlTY(IES)
SIGNER{S) OTHER THAN NAMED ABOVE
101993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
, , ' 8 8 1399
EXHIBIT "A"
The property referenced by this agreement is described as follows:
PARCEL A.
That portion of land s1 tua ted in the West One Half of the Northeast Quarter of
the No rt hwes t Quarter of Sect ion 15, Township 13 South, Ra nge 4 Wes t, San
Bernardino Base <lnd Heridian. according to Official Plat thereof, described as
follows:
Beginning tit the No r t h Quarter corller of said Section 15, Township 13 South,
Rante 4 West, San Bernardino Base and Her idian, running thence No~th 89°49'30"
West 67).31 feet to a point; sa id point being the Northeast corner of said West
One Half of the Northeast Quarter; thence South 1°35'15" Wes t 534.22 feet alo ng
the Easterly boundary of S<l id West One lIa lf to a point. said po i n t being the
TRUE POINT OF BEGINNING.
Thence cont inuing South 1°34'15" West along S<lid Easterly line 545 feet more or
less to the Northeasterly line of l:J. nd described in Deed to the County of San
Diego, recorded August 10, 1967 a6 File No. 119393 of Official Records; thence
Northwesterly alo ng said Northeasterly line 171 feet more or less to the
Westerly line of land described in De ed to Dennis W. Cavanaugh, et ux, recorded
July 7, 1965 as ,F ile No. 120859 of Official Records; thence alo ng said Westerly
line North 5°38'20" East 455 feet more or less to the No rthwes t corner of said
land; thence along the North line thereof 114.25 feet to the TRUE POINT OF
BEI; INNlr{;.
PARCELß ;
That portion of land si tua ted in the West Half of the Northeast Quarter of the
Northwest Quarter of Sect'ion. 15, Township 13 South, Ra ng e 4 Wes t, San Berna rdino
Base and Heridian, according to Official Plat thereof, described as follows:
Beginning at the North Quarter corner of said Section 15, Township 13 South,
Range 4 West, San Berna'rdino Base and He r id ian, running thence North 89°49'30"
West, 673.31 feet to a point, 6åid point being the Northeast corner of said West
Half of the Northeast Quarter of the Northwest Quarter; thence South 01 °34115"'
Wes t, 534.22 feet along the Easterly boundary of 6aid West Half to',a point, said
po in t being des'fgnated. as Point "A'.; thence continuing South 01°34'15" West
along said Easterly line, 574.54 feet, more or less, to an intersection with the
Northeasterly line of County Road Survey No. 458, as shown on Hap on file in the
Office of the County .Surveyor of said San Diego County; t hence along said r i& h t
of way, No r t h 52°58')0" West, 25.08 feet; thence Northwesterly alo ng a curve
concave to the Southwest havinG a central anGle of 19°50' and a radius of 725.00
feet, a dis ta nce of 1/¡6.96 feet to the TlWE PO I NT œ BEG INNIN:;; thence
Northwesterly along sa id curve. a distance of 104.00 feet; thence North
72°48'30" West. 50.38 feet; thence North 20°41 '45" East 452.67 feet; thence
North 87°11 '45" East, 32.22 feet to a point which bears South 87°11 '45" West.
114.25 feet f r OlD the aforeinentioned point designated as Point "A"i thence South
05°)8'20" West, 479.97 feet, more or less, to the TRUE POINT OF BEG INNING.
Excepting, the portion conveyed to the County of San Dießo by Deed r eeo rded
August 1O, 1967 as File No. 119392 of Official Rcco~ds.
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.,'~ EXHIBI'r IIBII .
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CITY OF ENCINITAS 1eoo
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ESTIMATE OF QUANTITIeS AND COST
Ref"'flc. Encinitas Blvd Arca ' Aðld . L
Q.úanritie. by J. Powell - Oatl 6/26/95 enim.,. By -0-
No. Quantity Unit Itlm lJ"j~ Pries Amoul
1 310 74 'Roadway, Curb,Gutter ~ Sidewalk 22,940
2 Median Removal ls 3,000
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3 Landscape Median 64,390
[~- ï 90, )~
'1'o~iI.;t R~r¡:i ('nt:~
I 15\ Contingency I 13,550
103,88
I ùesign Consultant I 8,1()
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This í~ an ESTIMATE ONI. Y. Ql.lir\titi". ...flies and ,¡zu may be mOdified Jnd .Jre fubject to t~. ¡ pp,()va of TOTAL 112,000
t~,' nl .nlJil'l"l'lt"Jø an&ÞV the City Engineer. this time.
R.",~rk.: Relocation C?E S.D.G.E. faci'lities are not included at
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