1998-596915
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145
DOC 81 ~)~)8=O596915
Recording Requested By:
City of Encinitas
When Recorded Mail To:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas. CA 92024
SEP 18.
1998 3: 51
PI'1
OFFICIAL RECORDS
SAN DIEGO COUNT'! RECORDER'S OFFICE
GIi£GOR'! J. SMITH, COUNT'! RECORDER
FEES: 0,00
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRÞ,CT1
1111111111111111111111111111"11 "IIIIIIIIIIIIIIIIUIII ~"IIIIIIIII
1998.0596915
Assessor's Parcel
No. 265-023-40-00
Project No.: EN 98-1010
EN ~t -lUll
This AGREEMENT executed this 31 day of July
199JL, by and between Dorri Hawkes, Eugene D. Hawkes
and Edna M. Hawkes
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
of a new single family dwelling.
construction
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 mak~ng the improvements specified
herein, and required by Cl.ty ordl.nance agrees,
covenants, and promises that he/she will install, construct, or
cause to be installed or constructed the improvements herein set
rorth 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
improvements at the time of the signing of this Agreement is
$ 3900.00 (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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b)
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.
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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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, 60 lineal feet. Face of curb
to be located ~ feet from the centerline.
Sidewalk, ~ lineal feet, ~ feet wide.
2)
3)
1
driveway(s) , ~ feet wide.
4)
Roadways,
720 s.L
(min. 4" A.C. on 6" A.B.)
5)
6)
Drainage: as required.
Other:
a)
Clearing and grubbing, as required.
b)
c)
Relocate power pole(s).
Undergrounding of overhead utilities is
per seperate covenant.
d)
Signature of owners
Attach the appropriate
~~~
Director of Engineering
Services
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CALIFORNIA ALL.PURP. ACKNOWLEDGMENT
Q.A-[lFoil.-rV,'A
County of Clùlh\l'q,,-
on-1-/f;/QY
0,
personally appeared' " 12.; S"", H w ¡'<'e~
State of
18
=' personally known to me - OR - f. proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) j(/are subscribed to the within instrument
and acknowledged to me that ~!~e!they executed the
same in ~/l>er!their authorized capacity(ies), and that by
11,k6!l)er!their signature(s) on the instrument the person(s).
or the entity upon behalf of which the person(s) acted,
executed th~ instrument.
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Ticeeg" Ihe mlorma"en below,s not recurred by law ;t may cre,e 'Ialuaale 10 cersens raiymg on Ihe dec"mene ana cewo ,ore'. ace
Iraudulenl removal and reartacicmen: cl this Icrm 10 anolher decumenr
Description of Attached Document
(}.1¡¡,..(..e.vv~ -Ç&tL
Title or Type of Document:
Document Date:
7.1..p(lj)~I11.~.....t TS
~Jumber of F2ges:
Signer(s¡ Other Th2n N2med Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
Q Individual
" Corporate Officer
Title(s):
Q Partner - Q Limited Q General
Q Attorney-in-Fact
[! Trustee
0 Guardian or Conservator
[! Other:
= Individual
Q Corporate Officer
Title(s):
[! Partner - 0 Limited C General
['Attorney-In-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
,.."
. "
Top of thumb he'e
Signer Is Representing:
"..
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Top 01 !humo he'e
Signer Is Representing:
~ \9" N"'M" No'.~ A"oc,."oo, 820' Aemm" A,e. P,O, Bo. "", C.009' P"', CA 91300"""
P'Od, No, 5907
A,o'd", C",' Toil.F", 1"800 . "",
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EXHIBIT
"A"
The property referenced by this agreement is described as follows:
Lots 15 and 16 in Block 31 of Resubdivision of Blocks 31, 36, and 42
of Colony Olivenhain, in the County of San Diego, State of California
according to Map thereof No. 287, filed in the Office of the County
Recorder, of San Diego County, August 21, 1885.
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EXHIBIT "B"
CITY OF ENCINITAS
.
151
ESTIMATE OF QUANTITIES AND COST
Reference EN 98-1010, 98-1011 Ar.. 01ivenhain Road R.S.F.
Quanmies by G.A.C. Date 07/31/98 G.A.C. 07/31/98
Estimate By Date
No. I QuantitY I Unit I Item Unit Price I Amount
1. I 300 , s.f. I S.D.R.S. G-7 Sidewalk , 2.90 f870.
2. I 60 loLl S.D.R.S. G-2 Curb & Gutter 112.60 1$756
3. I 160 s. f.' S.D.R.S. G-14 Driveway , 3.00 . 1$480
4. I 720 I s. L I Pavement section ( min. 4"A.C. on 6"A B.)2.00~1440
I I I I I
I I I undergrounding of overhead utilities I I
per
I
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I
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I
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I
I
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I
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,
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10% Contingency
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,
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I $354
,
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I I
,
I I
,
, I
I I
I I
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TOTAL I $3900.00
This is an eSTIMATe ONLY. Quantities. units and sizes may be modified and are subject to the approval ot
the tinaj engineering plans by the City Engineer.
Remarks: