1998-458611
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1671
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Recording Request d By: )
City of Encinitas )
When Recorded Mai To: )
City Clerk )
City of Encinitas )
505 South Vulcan venue ) IIIIIIIIIIIIIIIIIIIIIIII~[~[!~Œ~II~IIIIIIIIIIIIIIIIIIIIIIII
c'n't CA 9 4 >
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Assessor's Parcel Project No.:TPM 97-049
No. 256-100-05
This AGREEME T executed this day of ,
199--, by and bet een JAMES LATTIN
hereinafter call d the OWNER, and the CITY OF ENCINITAS, a
political subdiv' ion of the State of California, hereinafter
called the CITY, s as follows:
WHEREAS, the OWNER owns property described as:
EE EXHIBIT "A" ATTACHED HERETO
AND DE A PART HEREOF BY THIS REFERENCE
WHEREAS, the OWNER is currently proposing a four Darcel
arcel ma
WHEREAS, the roperty is adjacent to an incomplete street, and
WHEREAS, the improvement will generate more traffic and the
OWNER has agreed t provide the right-of-way and/or improvements in
accordance with T tIe 24 of the City of Encinitas code, and
WHEREAS, pur uant to Title 24 of the City of Encinitas code,
the ci ty Enginee has recommended that construction of those
improvements requ'red by the CITY to be constructed by the OWNER be
postponed and tha the OWNER be required to execute an agreement to
construct said im rovements in the future and to grant a lien to
the CITY upon sai property to secure the cost of construction of
said future impro ements, and
WHEREAS, the OWNER is agreeable to the execution of such an
agreement;
bp3753a
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NOW THEREFO , IT IS AGREED by and between the parties hereto
as follows:
I) The CI Y agrees to accept the dedications, if any, and
upon the comple ion of the improvements required herein to the
satisfaction of the city Engineer, agrees to dedicate said
improvements to he public and for public streets.
2) The 0 ER, in lieu of making the improvements specified
herein, and requ'red by RES. NO. PC-97-33 agrees,
covenants, and p omises that he/she will install, con truct, or
cause to be inst lIed or constructed the improvements erein set
forth at a time atisfactory to the CITY, provided, however, that
the OWNER shall not be required to complete said improvements
before 6-01- 'Z. or within such further period of time as
is hereafter spec'fied by the CITY, or such extended period of time
which may have b en specified by the CITY:
a) When he City council has initiated assessment
procee ings over an area between intersecting streets on
both s'des of the street upon which the property herein
descri ed has frontage; or
b) ners of more than 60% of the frontage, between
ting streets on both sides of the street upon
he property herein described has frontage, have
ed the CITY to form an improvement district for
rovement of said streets and the CITY initiates
ceedings.
Such improve ents shall be made without cost or expense to the
CITY. The CITY s\:imates that the cost of construction of said
improvements at e time of the signing of this Agreement is
$6.635.00 ( xhibit "B"). The OWNER hereby acknowledges that
said cost is a r asonable estimate of construction costs at this
time and that the actual cost of said improvements at some time in
the future may e ceed this estimate; and the OWNER hereby agrees
that his/her obli ation under this Agreement extends to the actual
cost of construct'on of said improvements, notwithstanding it may
exceed such estim te.
3) That f r the faithful performance of the promises and
covenants herein ontained the OWNER hereby grants to the CITY a
lien upon the p perty herein described, and in the event the
OWNER, his/her su cassors, heirs, assigns, or transferees fail to
install and cons ct said improvements in the manner and within
the time specifie herein, he/she agrees that the CITY may do all
of the following:
a) Install and construct said improvements by contract or
otherwi e, and grant permission to the CITY or its
contrac OL' and his/her employees to enter upon any
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portio or portions of the property reasonably necessary
for sa'd construction, and the entire cost and expense of
said i rovements shall be charged against said property.
said c st and expense shall be payable by said OWNER,
his/he successors, heirs, assigns or transferees,
immedi tely upon completion of said improvements, and in
the ev nt the same is not paid within thirty (30) days
from s id completion, the CITY may foreclose said lien as
provid d by law for the foreclosure of mortgages, and the
OWNER grees that the amount of said lien shall include
reason ble attorney's fees which shall be taxed as a cost
in any suit for such foreclosure.
b) he City Engineer to estimate the cost of the work
d to complete said improvements and foreclose said
said amount.
c) a mortgage.
d) any other remedy, legal or equitable by law for
closure of a lien, and the OWNER, his/her heirs,
rs, assigns and transferees shall pay reasonable
's fees to be taxed as a cost in said
in9s.
4) That i is agreed that anything herein contained to the
contrary notwith tanding, the promises and covenants made herein
shall not be bind ng upon the holders, mortgagees, or beneficiaries
of any purchase ney mortgage or trust deed, for value which has
been or may in th future be executed by the OWNER, his/her heirs,
successors, repre entatives, assigns, or transferees, and the lien
hereby created sh II be and is hereby subordinated to and declared
to be inferior a d subsequent in lien to the lien of any such
purchase money m rtgage or trust deed. The lien hereby created
shall likewise b of no force or effect against any owner whose
title to the pro erty herein described is acquired by or as a
result of a for closure 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 h irs, successors, representatives, assigns, or
transferees, may place a cash deposit or post a form of surety
satisfactory to e CITY to charge said surety with the cost of
said improvements the amount of security to be the estimated cost
of improvements, s ascertained by the City Engineer at the time of
the request, and hat upon deposit of said cash or posting of said
surety the CITY a rees to release.the property, or any portion of
it under single nership, from the provisions of the Agreement,
and to execute an necessary release to enable the OWNER, his/her
heirs, successors, representatives, assigns, or his/her transferees
to clear the reco d title of the property so released of the lien
herein imposed.
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6) The 0 constructed, in accordance
with CITY standa and expense, the following
improvements:
1) rb and gutters, ~ lineal feet. Face of curb
be located ~ feet from the centerline.
2) S'dewalk, ~ lineal feet, ~ feet wide.
3) driveway(s), ----- feet wide.
4)
5) as required.
6)
a) Clearing and grubbing, as required.
b) Relocate power pole(s).
cj
d)
(j:~
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nature of owners to be notarized.
the appropriate acknowledgements.
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I
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CALIFORNIA ALL.PUJ; PO ACKNOWLEDGMENT No 5907
State of (Ä/.~
County of \'l'.~ nit:.! .\ before m/ ¿~:A () r!\ì / hlJl
On I'I\~ 2L ¡( r"V
DATE 1-¡;~5 *\, NAME, TITLE OF OFFICER - E,G., 'JANE DOE, NOTARY PUBLIC"
personally appeared {A\\, tV
NAMEIS} OF SIGNERIS}
D personally known to me - OR -lE:( proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
Ki RO~ FICIAL SEAL I person(s) acted, executed the instrument.
~T D, COLLETT
- . NOTAR PUBLIC.CALIFORNIA ~
co M. NO. 1041819 j
.. SAN DIEGO COUNTY WIT[S my hand and official seal.
I MYro M. EXP. OCT. 8. 1m
(l~ aÞ~
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is n t required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of his form.
CAPACITY CLAI ¥'lED BY SIGNER DESCRIPTIDN OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICE ArJ\jlNy\;j {;<. ~~.I)(J<C"""j
I TITLE OR TYPE 0 DOCUMENT
TLEIS}
D PARTNER(S) D LIMITED ~
D GENERAL
D ATTORNEY-IN-FACT NUMBER OF PAGES
D TRUSTEE(S)
D GUARDIAN/CONSER ATOR 5.2-6 1í
D OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTI G:
NAME OF PERSONIS} DR ENTITYIIES}
SIGNER(S) OTHER THAN NAMED ABOVE
"'993 NATIONAL NOTARY ASSOCIATION' B23ô Remme! Ave" P.O, 80,7184' Canoga Pack, CA 91309-7184
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. 1676 .
EXHIBIT "A"
TO LIEN CONTRACT FOR
PROJECT NO. TPM 97-049
PROPERTY DESCRIPTION
Lots 5,6,11 an 12, in Block 69, of the TOWN of LEUCADIA,
in the City of Encinitas, County of San Diego, State of
California, ac ording to Map thereof No. 570, filed in
the Office of he County Recorder of San Diego County on
October 23, 18 8, together with all of the Alley lying
between said L ts 5, 6, 11 and 12, also the easterly half
of Juno Avenue adjoining said Lots 11 and 12 on the west,
also the easte ly half of Hermes Avenue adjoining said
Lots 5 and 6 0 the east; as said avenues and alley were
vacated and cl sed to public use on February 14, 1928 by
an Order of th Board of Supervisors, a copy of said Order
was recorded i Book 1430 of Deeds, at Page 272, Official
Records of San Diego County.
Excepting from said land that portion lying southerly of a
line described as follows:
Beginning at t e southeasterly corner of Lot 7 in said
Block 69; then e along the easterly prolongation of the
southerly line of said Lot 7, North 74° 17' 00" East,
40.00 feet to n intersection with the centerline of said
Hermes Avenue; thence, along said centerline, North 15°
43' 00" West, 8.00 feet to the TRUE POINT OF BEGINNING of
said line; the ce South 74° 17' 00" West, 340.00 feet to
an intersectio with the centerline of said Juno Avenue.
This legal des ription was prepared by Jon Blake,
PLS 4368, as p rt of a lien contract required to
file a final P reel Map.
7.j ci1 &j~
PLS 4368
expires 9/30/01
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- EXHIBIT "B"
: . .. '. . - CITY OF ENCINITAS .
'. 1677
ESTIMATE OF QUANTITIES AND COST
TPM en-L) '3 ,Hé'RMES. AVE'.
R_fe,ence Area Road
Qu ,. by ß.Á.K. D 2-2-'18 E. 8 ß.A,K C 2,2-'78
anml_s ate stlmate y , ate
No. Quantity I Ur .t I Item Unit Price Amount
I. '75' I u I 7YfE L;' Ctj/(ß 4 ¿;urrER 12.W 11'77-
2.. f/{){) ¡SF 4"AC/6".4.ß. f'AVINtj 2.0S /640-
3. 4Z7 I 5F SIDEWALK I 2.'0 -, /238-
4. I lCúD I SF AC OVERLAY I ().65 I ,-so-
So I IJ(){) I SF SUS-6RAtJl;:- F¡f£? I 0.40 I S20-
I I SIJß - Tð TAL I -/51245 .'
I I I It) 7.. CtNVT/N6ENCY 5"25 ..
j I I !-lARD C()5T I -/S-770 -
I I I I I
I I I OE5/tJ¡N 1/ ~LJRYEY C{JJT ( 151.) I I US"-
I I I I I
I I I I I
I ': I I I
I I I I I
I I I I
I I I I
I I I I I
I I I . I I
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I I I I I
This is an ESTIMA TE ONLY, Quantities: units and sizes may be modified and are subject:o the approval 01 TOTAL I 6; 6 3S" -
the final engineering plans by the C~ y Eng~neer.
Aemarles:
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