1999-193266
. nocl 1999~O193266
, MAR. 2 . ~
1999 10~22 AM
Recording R quested By: )
City of Enc nitas ¡ 4200
When Record d Mail To:
city Clerk ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111111111 !II!
City of Enc nitas )
505 South V lcan Avenue )
nc'nitas 9 024 ) 1999-01e3266
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Assessor's arcel Project No.:~h~q-~R
No.
This day of ,
199 , by and Georqia F. Murphy. Husband
hereinafter called the OWNER, and the CITY OF ENCINITAS, a
political s division of the State of California, hereinafter
called the ITY, is as follows:
WHEREA , the OWNER owns property described as:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHEREA , the OWNER is currently proposing ~Y~~ing ~ lnr
f r a new residential house, ursuant to dw . 5659-G
, the property is adjacent to an incomplete street, and
WHEREA , the improvement will generate more traffic and the
OWNER has ag eed to provide the right-of-way and/or improvements in
accordance ith Title 24 of the City of Encinitas code, and
WHEREA , pursuant to Title 24 of the City of Encinitas code,
the City E gineer has recommended that construction of those
improvement required by the CITY to be constructed by the OWNER be
postponed an that the OWNER be required to execute an agreement to
construct s id improvements in the future and to grant a lien to
the CITY up n 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;
bp3753a
. 4201 .
IT IS AGREED by and between the parties hereto
1.) The CITY agrees to accept the dedications, if any, and
upon the ompletion of the improvements required herein to the
satisfact 'on of the City Engineer, agrees to dedicate said
improveme ts to the public and for public streets.
2) he OWNER, in lieu of making the improvements specified
herein, ad required by t:hf> Itf>TIf>r" 1 p 1 ém agrees,
covenants, and promises that he/she will install, construct, or
cause to e 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 nereaft r specified by the CITY, or such extended period of time
which may ave been specified by the CITY:
a) en the City Council has initiated assessment
roceedings over an area between intersecting streets on
oth sides of the street upon which the property herein
escribed has frontage; or
b) en owners of more than 60% of the frontage, between
'ntersecting streets on both sides of the street upon
hich the property herein described has frontage, have
etitioned the CITY to form an improvement district for
he improvement of said streets and the CITY initiates
uch proceedings.
S\lch mprovements shall be made without cost or expense to the
CITY. The CITY es\:imates that the cost of construction of said
improvemen s at the time of the signing of this Agreement is
$ 11 8 4 (Exhibit "B"). The OWNER hereby acknowledges that
said cost's a reasonable estimate of construction costs at this
time and t at the actual cost of said improvements at some time in
the future may exceed this estimate; and the OWNER hereby agrees
that his/h r obligation under this Agreement extends to the actual
cost of co struction of said improvements, notwithstanding it may
exceed suc estimate.
3) hat for the faithful performance of the promises and
covenants erein contained the OWNER hereby grants to the CITY a
lien upon the property herein described, and in the event the
OWNER, his her succ~ssors, heirs, assigns, or transferees fail to
install an construct said improvements in the manner and within
the time s ecified herein, he/she agrees that the CITY may do all
of the fol owing:
a) nstall and construct said improvements by contract or
therwise, and grant permission to the CITY or its
ontractor and his/her employees to enter upon any
bp3753a
. 4202 .
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.
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 I otwithstanding, the promises and covenants made herein
shall not e-bindinq upon the holders, mortgagees, or beneficiaries
of any pur þhase money mortgage or trust deed, for value which has
been or ma in the future be executed by the OWNER, his/her heirs,
successors , representatives, assigns, or transferees, and the lien
hereby cre ted shall be and is hereby subordinated to and declared
to be inf rior and subsequent in lien to the lien of any such
purchase II oney mortgage or trust deed. The lien hereby created
shall like wise be of no force or effect against any owner whose
title to he property herein described is acquired by or as a
result of a foreclosure or trustee's sale of any such first
mortgage 0 first trust deed.
5) hat at any time during the period herein provided, the
OWNER, his /her heirs, successors, representatives, assigns, or
transferee , may place a cash deposit or post a form of surety
satisfacto ':Y to the CITY to charge said surety with the cost of
said impro ements, the amount of security to be the estimated cost
of improve! ents, as ascertained by the city Engineer at the time of
the reques , 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 s ngle ownership, from the provisions of the Agreement,
and to exe ute any necessary release to enable the OWNER, his/her
heirs, succ essors, representatives, assigns, or his/her transferees
to clear t} e record title of the property so released of the lien
herein imp! sed.
bp3753a
. 4203 .
6) The OWNER will cause to be constructed, in accordance
with CITY standards, at his sole cost and expense, the following
improveme ts:
1) Curb and gutters, --L1B- lineal feet. Face of curb
to be located ~ feet from the centerline.
2) Sidewalk, ~ lineal feet, ~ feet wide.
3) ? driveway(s), ~ feet wide.
4) Roadways,
5) Drainage: as required.
6) Other:
a) Clearing and grubbing, as required.
b) Relocate power po1e(s).
c) Remove 1050 square feet of existing pavement
d)
Signature of owners
Attach the appropriate
Services
bp3753a
CALIFORNIA A L.PURPoaCKNOv4.~ENT '~ No. 5907
State of A Lwroæ,VtIl
County of Ill\! r£.Cto
On }jEtE, ᜭ(.. /6 / before me,
DATE
personally ap eared f(ofJffl.., F. .f G-£o((G//i F. (VJ¡)f.. PH Y
NAME(S) OF SIGNER(S) I
0 personally known to me - OR - ~ 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~they executed
the same in ~/their authorized
capacity(ies), and that by A+sftte-r/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
PATRICIA DREW <> person(s) acted, executed the instrument.
Comm, " 11043097 :<I
NOTARY PUillJC.CAUFOI<NIA II>
, SAN I>EGO COUNTY ...
:..,~:'.,. My Ccmn. Exp, June 22, 2001
'"--
OPTIONAL
Though the data b low is not required by iaw, it may prove vaiuable to persons relying on the document and could prevent
frauduient reattach ent of this form.
CAPACIT CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
)g INDIVIDUAL
CORPORATE
TITLE OR TYPE OF DOCUMENT
TIT1.E(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/C NSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRE ENTING:
NAME OF PERSONIS) OR E TlTYIIES)
SIGNER(S) OTHER THAN NAMED ABOVE
~~
""993 NATIONAL NOTARV ASSOCIATION. 8236 Remmel Ave.. P-O. Box 7184. Canoga Park, CA 91309-7184
. 4205 .
EXHIBIT "A"
The propel t y referenced by this agreement is described as follows:
That portio of Block 2 of Cplony of 01 ivenhain , in the City of Encinitas,
County of S n Diego, State of California, according to Map thereof No. 326,
filed in th Office of the County Recorder of San Diego County, July 8, 18B5,
and a porti n of the vacated streets adjoining said Block 2 on the Northeast and
Northwest t gether with a portion of Lot 28 of Rancho Los Encinitas, according
to Map No. 48, filed in the Office of the County Recorder of San Diego County,
June 28, 18 8, being described as a whole as follows:
Beginning a the intersection of the center line of the vacated street adjoining
said Block on the Northeast with the Northwesterly line of County Road Survey
No. 426 (Kn wn as Manchester Avenue) according to Plat thereof on file in the
Office of t e County Surveyor of San Diego County; thence along the
Northwestèr y line of said Manchester Avenue South 28°00'30" West 150.00 feet;
thence Nort 72°24' 30" West, 74,00 feet more or less, to the center line of the
vacated str et adjoining Block on the Northwest; thence continuing North
72°24'30" W st, 60.00 feet; thence at right angles North 17°3S'30" East, 172.00
feet, more r less, to the Northeasterly line of land described in deed to Janet
C. Romano r corded July 12, 1963 as File No. 121926; thence along said
Northeaster y line South 47°22'00" East, 68.00 feet, more or less, to the
intersectio of the center line of the vacated streets adjoining said Block 2 on
the Northea t and Northwest; thence along the center line of said vacated street
adjoining s id Block 2 on the Northeast, South 72°24' 30" East, 107.87 feet to
the Point 0 Beginning.
bp3753a
.' - ~þ ~BIT "B"
- - t F ENCINITAS.
-
ESTIMATE OF QUANTITIES AND COST
Reterence ~~~r1' "., nl ~n ~h~q-r.. Area Rn"init-as Road Månchester Ave
auantities by .n Date 11/5/98 Estimate By JLR Date 11/5/98
No- I Quanti ~ I Unit I Item Unit Price I Amoun,
1 I 531 I SF /- PCC sidewalk 3.50 11859
2 I 118 I LF concrete curb and gutter 113 .10 I 1545
3 I 320 SF Driveway aprons (2) 13.80 . I 1216
4 I 2 I EA Curb Outlets þ230 /4460
5 1050 I SF I Remove existing pavement 1.50 ~25
I I I Subtotal I /9605
I , I 10% contingenJies I 961
I I Construction to~a1 110566
I I I Design (5%) I 528
I
I I I Staking (7%) I /740
I I I Project Total I 111-,834
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 I
This is an ESTIMA TE ONL Y Quantities, unitS and sizes mav be modified and are subject to the approval of TOTAL 111,834
the final engineering plans by the City Engineer.
Remarks: