2003-536783
,.- . #8¿OO3-0536783
DOC
MAY 0'7, 2003 1+: 01.. F't-'H
Recording Requested By: ) OFFICIAL F:ECORDS
City of Encinitas )
When Recorded Mail To: ) SAN DIEGO COUNTY RECORDER'S OFFICE
City Clerk ) GREGORI' J. SMITH, COUNTY F'ECORDER
City of Encinitas ) FEES: 0.00
505 South Vulcan Avenue )
rt. Encinitas, CA 92024 )
:e. FOR THE BENEFFIT OF THE CITY,
1 Y: /' ,
N ~ ' ì ( . AGREEMENT FOR IMPROVEMENTS
IC)íY , ,q.7/' IN PUBLIC RIGHT-OF-WAY
it' .~ (LIEN CONTRACT)
Assessor's Parcel Project No,: 01-302 7628G
No, 216-052-27
This AGREEMENT executed this ~ day of February. 2003 , by and between Jose
Luis Islas. a Sinqle 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 four sinqle familv dwellinqs in coniunction
with a four parcel Parcel Map with a remainder parcel.
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;
Islas 7628 01-302
. .
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 aqrees, 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 vear 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 $ 22.796.00 (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 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
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.
Islas 7628 01-302
. .
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.
6) The OWNER will cause to be constructed, In accordance with CITY standards, at
his sole cost and expense, the following improvements:
1) Concrete curb ~4.síineal feet.
2) Roadways asphalt paving and base as needed on La Costa Avenue
3) Grading and Drainage: as required.
4) Concrete Driveway construction.
Islas 7628 01-302
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5) Grading, Clearing and grubbing, as required.
6) Sawcut and remove existing AC pavement on La Costa Avenue
7) 5 foot wide concrete walkway approximately ;;;:+'::) feet long
8) Pavement transitions at each end of the proposed improvements
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-To:>E i UIC~ J. ~ LA-$
(Print names under signatures)
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
Islas 7628 01-302
C~LlFORNIA ALL.PURPOsAcKNOWLEDGMENT .
State of California
\ San Diego
County of
On Feb. 19,2003 before me, Sharyll Kirkbride, Notary Public
0", N,m' "d "11,O1 0",0"('.,., "J""O",No,".-,Pu"lo")
personally appeared Jose Luis Islas
Nama"1 01 Sf,o,,">
»(J personally known to me - OR - 0 proved to me on the basis of satisfactory evidence fo be the person(s)
whose name(s) is/_subscribed to the within instrument
and acknowledged to me thaf he/slleAfl¡¡y executed the
same in his/hefItReir authorized capacity(ies), and that by
his/herltReir signature(s) on the instrument the person(s),
~ or the entity upon behalf of which the person(s) acted,
.. SHARYlUURIŒRIDE ~ executed the instrument.
0 COM~J. # 1223010 G)
CJ ""1<'(. :¡BLIC.CAlftORNIA (") WITNESS my hand and official seal.
~ """",".c,.¡COUNrY ..
. -}.. COM",. EXV j~,!OO; -I.
k-~~'<7' JG UA ~90a~J;:,é~ Q
OPTIONAL
Though the information beiow is not required by law, it may prove vaiuable to persons relying on the document and could prevent
fraudulent removal and reaNachment 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: Jose Luis Islas Signer's Name:
rn 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 . 0 Guardian or Conservator .
0 Other: Top of thumb here 0 Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
" 1994 N"lo",' No,".-, A"",la","' 8236 RammalA".. P.o. eo< 7184' C,"oga Park, CA 91309-7184 Prod. No. 5907 Raord", Call TolI-"'a 1 -BOO-BlO-"27
.
. ATTACHMENT "A" TO.
PROJECT NO. TPM 01-302
THAT PORTION OF THE NORTH HALF OF SOUTHEAST QUARTER OF SOUTHWEST QUARTER OF
SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF THAT ROAD KNOWN AS. COUNTY ROAD SURVEY
NO. 346, DISTANT SOUTH 89° 51' 45" WEST - RECORD SOUTH 89° 59' 30" WEST - 596.75
FEET FROM THE NORTHWESTERLY CORNER OF LOT 8, AVOCADO ACRES NO. 3, ACCORDING TO
MAP THEREOF NO. 2063, RECORDS OF SAID SAN DIEGO COUNTY; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE OF COUNTY ROAD FOLLOWING THE ARC OF A CURVE CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 475 FEET; cENTRAL ANGLE OF 23° 29' AND LENGTH OF 194.68
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO THE NORTHWESTERLY
CORNER OF LAND CONVEYED BY SOUTH COAST LAND COMPANY TO GUY D. OSMONUSON, ET UX,
BY DEED DATED JULY 18, 1935, AND RECORDED IN BOOK 422, PAGE 251 OF OFFICIAL
RECORDS; THENCE CONTINUING ALONG THE SAID SOUTHERLY LINE OF COUNTY ROAD,
FOLLOWING THE ARC OF SAID CURVE IN A GENERAL SOUTHWESTERLY DIRECTION, SAID ARC
HAVNG A cENTRAL ANGLE OF 11° 55' 30" A RADIUS OF 475 FEET AND LENGTH OF 98.85
FEET TO THE END OF SAID CURVE; THENCE CONTINUING ALONG SAID SOUTH LINE OF COUNTY
ROAD, SOUTH 54° 27' 15" WEST - RECORD SOUTH 54° 28' 30' WEST - A DISTANCE OF
174.68 FEET; THENCE SOUTH 35° 31' EAST, A DISTANCE OF 365.91 FEET, MORE OR LESS,
TO THE NORTHERLY LINE OF LAND CONVEYED BY SOUTH COAST LAND COMPANY TO T. W.
MEANS, ET me, BY DEED DATED JUNE 6, 1934, AND RECORDED IN BOOK 297, PAGE 305 OF
OFFICIAL RECORDS; THENCE NORTH 67° 39' EAST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO MEANS AND ALONG THE NORTHERLY LINE OF LAND CONVEYED BY SOUTH COAST
LAND COMPANY TO HAROLD FOULD BY DEED DATED AUGUST 2, 1934 AND RECORDED IN BOOK
394, PAGE 154 OF OFFICIAL RECORDS, 193.07 FEET, MORE OR LESS, TO THE
SOUTHWESTERLY CORNER OF LAND CONVEYED TO GUY C. OSMONDSON, ET UK, ABOVE REFERRED
TO; THENCE NORTH 23° 32' WEST ALONG THE WESTERLY LINE OF SAID OSMONDSON'S LAND
408.61 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
EXCEPTING THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED
IN DEED TO WILLIS M. GUNDRUM AND M. AGNES GUNDRUM, RECORDED JANDARY 15, 1951 AS
DOCUMENT NO. 6002 IN BOOK 3932, PAGE 431 OF OFFICIAL RECORDS, LYING WITHIN A
STRIP OF LAND 60 FEET WIDE, 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, THENCE SOUTH 89° 16' EAST ALONG THE SOUTH LINE OF
SAID SECTION, A DISTANCE OF 1184. 10 FEET TO THE CENTER LINE OF THE TRACKS OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID CENTER LINE
NORTH 15° 01' 15" WEST 989.92 FEET TO ENGINEER'S STATION 2002 PLUS 78.84 R.R. ON
SAID CENTER LINE OF SAID TRACKS AND THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID CENTER LINE, NORTH 54° 04' 07' EAST, 67.22 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 700 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 01' 52", A DISTANCE OF 232.51
FEET; THENCE TANGENT TO SAID CURVE, NORTH 73° 05' 59" EAST, 656 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1150 FEET; THENCE
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17° 30' 00", A DISTANCE OF
351.25 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89° 24' 01" EAST, 377.62 FEET TO
A POINT THAT BEARS NORTH 0° 40' 37" EAST 17.95 FEET FROM THE NORTHWEST CORNER OF
LOT 8 OF AVOCADO ACRES NO. 3, ACCORDING TO MAP THEREOF NO. 2063, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
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" .
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EXHIBIT "B"
CITY OF ENCINITAS
ESTIMATE OF QUANTITIES AND COST
Reference: 7628-G Area: Encinitas: La Costa Avenue Date ~3
Quantities by 1.LB.. Date :;!./~Estimate by JL.ß-
No. Quantity Unit Item Unit Amount
Price
1. 3 5"00 s.t. A.C. Paving (4"A.C. on 6"A.B. min. section) 2.45 $£,575'
2. ').45' I.f. PCC Curb (SORSO G-4) 13.75 $ 33.(,9
3. ;?.80 I.f. Sawcut existing AC pavement 3.00 $ 340
4 I LS Earthwork Grading ;2o{)Ö $ ;;J.t>OO
5 IJ/fi SF Hard surface walkway 1.65 $ AlIA.
6. I:}. ')..5; PCC sidewalk 3.65 '1<1'7/
7. 37?- SF PCC driveway 3.95 $ N~9
Sub-total $:;201:;.<1-
10% CONTINGENCY $ :;1.0'7;,).
Total $,;:1;;Z,T9ì.>
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
Islas 7628 01-302