2003-618314
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Recording Requested By:
City of Encinitas
When Recorded Mail To:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFFIT OF THE CITY,
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Assessorfs Parcel
No, 256-253-02
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Project No,: 01-220 TPMICDP
Work No: 7505-1
This AGREEMENT executed this 1Z~ day of A'fAIL. 2003, by Douglas Harwood and Orva
Harwood (formerly Orva Lewis), Co-Trustees, U.T.D" as to an undivided 37,78% interest, and
Stephen p, Webb, a Single Man, as to an undivided 62,22% interest, 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 public improvements in coni unction with a
two parcel Parcel Map,
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 andlor 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;
Liencontract Harwood, 01-220 TPM, CDP
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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
citv ordinance agrees, covenants, and promises that helshe 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
~ 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 $18,047,70 (Exhibit "8"), 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 hislher 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, hislher successors, heirs, assigns, or transferees fail to install and construct said
improvements in the manner and within the time specified herein, helshe 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 hislher employees to enter upon any
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 attorney's fees which shall be taxed as a cost in any suit
for such foreclosure,
Liencontract Harwood, 01-220 TPM, COP. doc
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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 hislher transferees to clear the record title of the property
so released of the lien herein imposed,
Liencontract Harwood, 01-220 TPM, CDP.doc
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6) The OWNER will cause to be constructed, in accordance with CITY standards, at
his sole cost and expense, the following improvements:
1) 6" PCC Rolled Curb and Gutter (G-2), 214 LF
2) 6" AC Dike (G-5), 54 LF
3) 4" AC Paving over 6" Treated Base, 3700 SF
4) Grind and Overlay 545 SF
5) Sawcut Existing Pavement, 272 LF
6) AC Driveway Apron (DS-7), 266 SF
7) 1" Water Service Lateral
OWNERS
Douglas Harwood, Co-Trustee, UTD
Orva Harwood (formerly Orva Lewis),
Co-Trustee, UTD
Stephen p, Webb
Signature of owners to be notarized,
Attach the appropriate acknowledgements,
Clll1NC"(!l. ()L
Peter Cota-Robles
Director of Engineering Services
Liencontract Harwood, 01-220 TPM, CDP
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, ATTACHMENT "A" TO
COVENANT REGARDING REAL PROPERTY
PROJECT NO. 01-220 TPM/CDP
LEGAL DESCRIPTION
Real property in the City of Encinitas, County of San Diego, State of California, described as
'follows: '
That portion of Lot 8, in Block "B" of South Coast Park Annex, in the City of Encinitas, County of
San Diego, State of California, according to the Official Plat thereof No.. 1788, Filed in the Office
of the County Recorder of San Diego County, January 11, 1924, lying within the following
described boundary:
Beginning at the intersection of the center line of Hymettus Avenue with the center line of Fulvia
Street as shown on said Map No. 1788; Thence along the center line of said Hymettus Avenue,
South 15 degrees 43'30" East 130.15 feet to the Easterly prolongation of the Northerly Une of
land described in deed to Theo 1. Parrott, et ux; recorded September 5,1944 in Book 1741, Page
177 of Official Records; Thence along said prolongation and said Northerly Une South 68
degrees 27'06" West 336.72 feet to an angle point in the Westerly boundary of said lot 8;
Thence along said Westerly boundary, North 09 degrees 23'50" East 189.47 feet (Record North
09 degrees 09'44" East, 189.74 feet) to the Northwesterly corner of said lot 8; Thence North 18
degrees 44'52" East 25.00 feet to the center line of said Fulvia Street, being a point on the arc of
a 170.45 foot radius curve, concave Northeasterly, a radial line of Said curve bears South 18
degrees 44'52" West (Record-South 18 degrees 42'38" West) to said poï'nt; Thence along the
center line of said FuMa Street as follows:
Southeasterly along the arc of said curve through a èentraf angle of 23 òegrees 43'52 a distance
of 70.60 feet; (Record-Central Angle of 23 degrees 44'53" a distance of 70.65 feet); and tangent
to said curve North 85 degrees 01'00" East, 169.95 feet (Record-North 84 degrees S7'45" East,
170.14 feet) to the point of beginning)
APN: 256-253-02-00
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EXHIBIT B
CITY OF ENCINITAS
ESTIMATE OF QUANTITIES AND COST
Reference: 7505-1
Area: 385 Fulvia Street Encinitas
No, Quantity Unit Item Unit Amount
Price
1, 214 I.f. 6" PCC Rolled Curb and Gutter (G-2) 13,75 $2942,50
2, 54 I.f, 6" AC Dike (G-5) 8,20 $442,80
3, 3700 s.f, 4" AC Paving over 6" Treated Base 2,55 $9435,00
4, 545 s,f, Grind and Overlay 2,00 $1090,00
5, 272 I.f, Sawcut Existing Pavement 3,00 $816,00
6, 266 s.f, AC Driveway Apron DS-7 3,95 $1050,70
7, 1 Ea 1" Water Service lateral 630,00 $630,00
Sub-total $16407,00
10% CONTINGENCY $1640,70
Total $18047,70
This is an ESTiMATE ONLY, Quantities, units and sizes rnay be rnodified and are subject to the approval of the final
engineering plans by the CITY ENGINEER.
Rernarks
Liencontract Harwood, 01-220 TPM, COP. doc