2000-438533
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Recording Requested By: )
City of Encinitas )
When Recorded Mail To: )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
pß Encinitas, CA 92024 )
B rOR Tile BE:t4EFFIT OF TilE CITI ,
f c/" LJ': AGREEMENT FOR IMPROVEMENTS
I '1b-oV IN PUBLIC RIGHT-OF-WAY
h' (LIEN CONTRACT)
Assessor's Parcel Project No,: EN 99-728
No, 256-162-35-00
This AGREEMENT executed this 20th day of June, 1999, by and between
Tiffany L Janke and Stephen B, Nolan
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 addition to a sinole family dwellino,
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 23 of the City of Encinitas
code,and
WHEREAS, pursuant to Title 23 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 making the improvements specified herein, and required by
citv ordinance 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
~ 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 $ 2979.50 (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.
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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, 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) Curb and gutters, 42,0 lineal feet. Face of curb to be located .1M.L
feet from the centerline,
2) Sidewalk, 42,00 lineal feet, ~ feet wide,
3) ~ driveway(s), 20,0 feet wide in alley,
4) Roadways, a 3,5 foot strip of pavinq 62.4 feet lonq alonq property
frontaqe with Del Rieqo Ave, Minimum paved section 4"AC on 6'AB,
5) Drainage: as required,
6) Other:
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a) Clearing and grubbing, as required,
b) Relocate power pole(s),
c) NA "
d) NA
OWNER: Nolan/Janke
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Signature of owners to be notarized,
Attach the appropriate acknowledgements,
\§J~E~'~
Ian D, Archibald
Director of Engineering Services
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
Stale of ('0 ¡'if,{'y I1AiLJ
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personally appeared Î/ F¡.:cltÆ/ L¡ J71tUf"Ec ,{)Ó1-1M!
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0 I8ISOnally known to me - OR -~Ioved 10 me on the basis =actory IlVidencø 10 be the person(s)
whose name( SU~1hi1 instrument
and to me thai ' executed the
r . 1 rir authorized äCIIy(ies), and that by
,-.. OFFICIAL SEAL hi eir signaturø(s) on the instrument the person(s)
- RANDA G. MILLJOUR. '
¡ß NOTARY PUBLlC.CALIFORNIA5J or entIty upon behalf of which the person(s) acted,
~ COMM. NO. 12O4250!? executed the instrument.
SAN DIEGO COUNTY
MY COMM. EXP. JAN. 6, 2003 WITNESS my hand and official seal,
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OPTIONAL'
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Description of Attached Document
Tille or Type of Document:
Doclment Date: Number of Pages:
Signer(s) Other Than NamedAbovø:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Officer
Tllle(s): Tllle(s):
0 Partner - 0 Limited 0 General 0 Partner - 0 Umitød 0 General
0 At1omey-in-Fact 0 Attomey-in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator 0 Guardian or Conservator ,
0 01her. TO ! of thumb I\.,. 0 Other. TO ! of thumb her.
Signer Is Representing: Signer Is Representing:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Stale of ('el~:rr ,F~JL,
CoIl11y 01 ~~ {Juô" .
OrtfOrlJ ,:;¡ /, ,;(ú')() beforeme7(ftNOIi a N/Jj,7{!()~ /{j(J/Hlfif (J(.)l31-/(,
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person ally appeared ..57£ '//;1 E IV ß - IV () JJI ¡J ,
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0 personally known to me - OR -~ved to me on the basis =actOry evidence to be the person(s)
. whose name( Is/: su~ within instrument
and ~~ to me ey executed the
r OFFICIAL SEAL 1 ~e in' r/lheir authorized capacily(ies). and that by
- RANDA G. MILLJOUR erIIheir signature(s) on the Instrument the person(s),
~ NOTARY PUBLlC-CALIFORNIA~ or the entity upon behalf of which the person(s) acted,
~..?NM~E~g' ¿~~~ - exec:uted the instNment.
MY COMM. EXP. JAN. 6, 2003
WITNESS my hand and ofllc aI seal,
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OPTIONAL' - .. ...-
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Description of Attached Document
Title or Type 01 Document:
Document Date: Number 01 Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 IndMdual 0 Individual
0 Corpol1ite Officer 0 Corpol1ite Officer
Tltle(s): Titfe(s):
0 Partner - 0 Limited 0 General 0 Partner - 0 Umited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 TNstee .,- 0 TNstee
0 Guardian or Conservator 0 Guardian or Conservator .,
,
0 Other. Top 01 lhumb hOt. 0 Other. Top oIlhumb ""'.
Signer Is Representing: Signer Is Represenling:
.
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EXHIBIT "A"
The property referenced by this agreement is described as follows:
Lot 26, Block "E" of Trct Avocado Acres No. 4 in the City of Encinitas, County
of San Diego, State of California according to Map thereof No. 2118, filed in
the Office of the County Recorder of San Diego County, July 3, 1928.
EXHIBIT "B"
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EXHIBIT "B"
CITY OF ENCINITAS
ESTIMATE OF QUANTITIES AND COST
Reference: EN99-728 Area: Encinitas Road: Del Rieqo Ave.
Quantities by GAC. Date 6/20/99 Estimate by GAC. Date 6/20/99
No. Quantity Unit Item Unit Price Amount
1. 218.0 s.f. AC. Paving (4"AC. on 6"AB. min. section) 2.05 $446.90
2. 42.0 I.f. Pee Curb & Gutter (SDRSD G-2) 13.75 $577.50
3. 210.0 sJ. Pee Sidewalk (SDRSD G-7) 3.65 $766.50
4. 170.0 s.f. Pee Driveway Appron (SDRSD G-14) 3.95 $671.50
5. 0 I.s. Pee Pedestrian Ramps (SDRSD G-27, G-31) 1050.00 $0.00
7 0.0 s.f. Alley Paving (4"A.C. on 6"AB. min. section) 2.05 $0.00
Engineering Design (10% of const. cost) $246.25
10% Contingency $270.85
Total $2979.50
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
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