1998-338322
-, . 850 DOC ~ 1998-0338322
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.
JUN 05. 1998 l2:27 PM
Recording Requested By: ) OFFIC1Al RECORDS
City of Encinitas )
When Recorded Mail To: ) SAN VIEGO COUNTY RECORDER'S OFFICE
City Clerk ) G~'EGORV ,I. SMITH, COUNTY RECORDER
. City of Encinitas ) FEES: 0.00
505 South Vulcan Avenue ) 1111\1\ 1\1\1 \1\\1 \1\1\ \1\\ 1\11\\ IIIII \1\11 \\\1\ \1\11 \\\\1 \\1\1 \\\\ \\\\
Encinitas. CA 92024 )
For the benefit of the City
AGREEMENT FOR IMPROVEMENTS 1998-0338322
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Assessor's Parcel Project No.: EN97-l705
No. 254-072-06
This AGREEMENT executed this 5th day of March
,
199.JL, by and between Dean Keden15urg
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,. tpe OWNER is currently proposing
construct~om of a new S.F.D.
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 ci ty 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 lie1,1 of maJ,dng the improvements specified
herein, and required by C1tyOrd1nance 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 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
$ 3,084.30 (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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portion or portions of the property reasonably necessary
for said construction, and the entire cost and expense of
said improvements snaIl be cnarged 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 sucn 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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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, ~ lineal feet. Face of curb
to be located ~ feet from the centerline.
2} Sidewalk, ~ lineal feet, ~ feet wide.
3) 1 driveway(s}, ~ feet wide.
4} Roadways, Min. 4"A.C. on 6"A.B. asphalt section
396 sf of paving.
5) Drainage: as required.
6} Other:
a} Clearing and grubbing, as required.
b} Relocate power pole(s}. Per seperate covenant.
c} N.A.
d} N.A.
OWNER:
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
m;J f,u;rJiJ
Alan D. Archibald
Director of Engineering Services
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EXHIBIT "A"
The property referenced by this agreement is described as follows:
The Southerly half of Lot 7 in Block "B" of Avocado Acres No.2
in the County of San Diego, State of California, according to Map
thereof No. 1802, filed in the Office of the County Recorder, San
Diego County on August 6, 1924.
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'.." . } . EXHIBIT "E" .
CITY OF ENCINITAS 8 5 6
ESTIMATE OF QUANTITIES AND COST
EN 97-1705 Leucadia Eucalyptus Ave.
Reterence Area Road
G A C 03/05/98 G.A.C. 03/05/98
Quantities bV ... Date Estimate By Dare
No. I Quantity I Unit I Item I Unit Price. f Amount
1 1297.0 I sf I SDRS (G-7) Sidewalk ., 2.90 $86L30
2 I 66.0 I If SDRS (G-2) Curb and Gutter Type-G 112.60 1$831.00
3 I 200.0 sf I SDRS (G-14) Driveway I 3.00 . 1$600.00
4 I 396.0 1 sf Min. 4"A.C. on 6"A.B. asphalt section! 2.00 1$792.00
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This is an ES.TIMATE ONL ¥. Quantities, unitS and sizes may be modified and are ,ubject to [he approval of TOTAL I
$3r084.30
the final engineering clans by the City Engineer.
Remarks: