2000-299762
, . DOC . !:)OCIO-Or:)99?{~':!
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Rec9rding Reql ested By: ) JUN 07. ~~ooo :L2; 56 F'¡"¡
City of Encinitas ) OFFICIAL f'ECORDS
When Recorde( Mail To: ) 4681 SAN DIEGO COUNTY f:EGORDŒS OFFICE
City Clerk ) GREGORY J. SHITH, CDlJNTY RECiJRDŒ
City of Encinita! ) FEES: ')(,.00
505 South Vulc n Avenue ) IIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII III1 III!
Encinitas CA 9 ?024 )
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Jrr,1 2000-0299762
('2 C" AGREEMENT FOR IMPROVEMENTS
1r 1-)60'0 IN PUBLIC RIGHT-OF-WAY
K'{. (LIEN CONTRACT)
I t'Jr1
Assessor's Par el Project No.: EN 00-96
No. 262-022-4 5-00
i -
This AG REEMENT executed this .1.L day of .6Q.dL, 2000, by and between
Doualas J. Nail
hereinafter call d the OWNER, and the CITY OF ENCINITAS, a political subdivision of the State
of California, he reinafter called the CITY, is as follows:
WHERE AS, the OWNER owns property described as:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHER AS, the OWNER is currently purposing addition to a sinqle familv dwellinq.
WHER AS, the property is adjacent to an incomplete street, and
WHER AS, the improvement will generate more traffic and the OWNER has agreed to
provide the rig t-of-way and/or improvements in accordance with Title 23 of the City of Encinitas
code, and
WHER AS, pursuant to Title 23 of the City of Encinitas code, the City Engineer has
recommended hat construction of those improvements required by the CITY to be constructed by
the OWNER e postponed and that the OWNER be required to execute an agreement to
construct said mprovements in the future and to grant a lien to the CITY upon said property to
secure the cos of construction of said future improvements, and
WHER AS, the OWNER is agreeable to the execution of such an agreement;
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NOWT ERE FORE, IT IS AGREED by and between the parties hereto as follows:
1) he CITY agrees to accept the dedications, if any, and upon the completion of the
improvements r equired herein to the satisfaction of the City Engineer, agrees to dedicate said
improvements t the public and for public streets.
2) he 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 cor structed the improvements herein set forth at a time satisfactory to the CITY,
provided, howe er, that the OWNER shall not be required to complete said improvements before
~orwi hin such further period of time as is hereafter specified by the CITY, or such
extended perio of time which may have been specified by the CITY:
a) Vhen the City Council has initiated assessment proceedings over an area
etween intersecting streets on both sides of the street upon which the property
erein described has frontage; or
b) Vhen owners of more than 60% of the frontage, between intersecting streets on
oth sides of the street upon which the property herein described has frontage,
ave petitioned the CITY to form an improvement district for the improvement of
aid streets and the CITY initiates such proceedings.
Such in provements shall be made without cost or expense to the CITY. The CITY
estimates that he cost of construction of said improvements at the time of the signing of this
Agreement is 7990.23 (Exhibit "B"). The OWNER hereby acknowledges that said cost is a
reasonable es imate of construction costs at this time and that the actual cost of said
improvements t 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 improvem nts, notwithstanding it may exceed such estimate.
3) hat for the faithful performance of the promises and covenants herein contained
the OWNER he reby grants to the CITY a lien upon the property herein described, and in the event
the OWNER, ~ is/her successors, heirs, assigns, or transferees fail to install and construct said
improvements n the manner and within the time specified herein, he/she agrees that the CITY
may do all ofth following:
a) nstall and construct said improvements by contract or otherwise, and grant
ermission to the CITY or its contractor and his/her employees to enter upon any
ortion or portions of the property reasonably necessary for said construction, and
he entire cost and expense of said improvements shall be charged against said
roperty. Said cost and expense shall be payable by said OWNER, his/her
uccessors, heirs, assigns or transferees, immediately upon completion of said
mprovements, and in the event the same is not paid within thirty (30) days from
aid completion, the CITY may foreclose said lien as provided by law for the
oreclosure of mortgages, and the OWNER agrees that the amount of said lien
hall include reasonable attorney's fees which shall be taxed as a cost in any suit
or such foreclosure.
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b) [ irect the City Engineer to estimate the cost of the work required to complete said
i nprovements and foreclose said lien in said amount.
c) oreclose said lien as a mortgage.
d) ursue any other remedy, legal or equitable by law for the foreclosure of a lien,
nd 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) hat it is agreed that anything herein contained to the contrary notwithstanding, the
promises and ovenants 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 e ecuted by the OWNER, his/her heirs, successors, representatives, assigns, or
transferees, an the lien hereby created shall be and is hereby subordinated to and declared to be
inferior and sut sequent 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 mortg ge or first trust deed.
5) hat at any time during the period herein provided, the OWNER, his/her heirs,
successors, re resentatives, assigns, or transferees, may place a cash deposit or post a form of
surety satisfact ry to the CITY to charge said surety with the cost of said improvements, the
amount of secu ity to be the estimated cost of improvements, as ascertained by the City Engineer
at the time of t e request, and that upon deposit of said cash or posting of said surety the CITY
agrees to relea e 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, re resentatives, assigns, or his/her transferees to clear the record title of the property
so released of t le lien herein imposed.
6) he OWNER will cause to be constructed, in accordance with CITY standards, at
his sole cost an d expense, the following improvements:
) Curb and gutters 129.0 lineal feet. Face of curb to be located ~ feet
from the centerline on Crest Dr..
) Sidewalk, 129.0 lineal feet, ~ feet wide.
) ...L driveway(s), ~ feet wide in alley.
) Roadways, an 3.0 foot strip of Davina 145.0 feet lonq alonq propertv
frontaae with Crest Dr..
) Drainage: as required.
) Other:
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a) Clearing and grubbing, as required.
~
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Signature of owners to be notarized.
Attach the appropriate acknowledgements.
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. 4685 .
Statè of RIGHT THUMBPRINT 10ptlono"
County of D
,t) ¿f/71.£ r¡
On before me, Kib..;[JI{ 6./I/LL.JðUK; Pûð<./é ~
0
INAMEITITLf OF OFFICER.;".'JANE OOE. NOTARY PUBLlC'I 0
personally ap eared (/)òo6¡../J.'5 ;J. N/l/ ¿.
INAM"SI OF SIGNERISn
CAPACITY CLAIMEO BY SIGNERIS)
OINOIVIDUAlISI
OCORPORATE
0 personally known to me -OR- þ? groved to me on the OFFICERISI
on"'"
asis of satisfactory OPARTNER(SI OliMITED
evidence to be the OGENERAL
~son(s) whose name{s) OATTORNEY IN FACT
S re subscribed to the OTRUSTEE(SI
ithin instrument and OGUARDIAN/CONSERVATOR
~nOWledged to methat OOTHER,
OFFICIAL SEAL e she/they ~uted the
RANDA G. MILLJOUR ame in I her/their
OTARY PUBLlC-CALIFORNIA¡¡j authorized ~tY(ieS)' SIONER IS REPRESENTINO,
COMM. NO, 1204250 -'" and that by, is er/their INomo of Po"onlo) 0' Ent.yU"1
SAN DIEGO COUNTY signature(s the
MY COMM. EXP. JAN. 6, 2003 instrument the person{s).
or the entity upon behalf
of which the person{s)
acted, executed the RIGHT THUMBPRINT 10ptlono"
instrument.
Witness my hand and official seal. D
(SEAL)
CAPACITY CLAIMED BY SIGNERISI
OINDIVIDUALISI
OCORPORA TE
ATTENTION NOTARY
OFFICERISI
The information r quested below and in the column to the right is OPTIONAL. """"
Recording of this document is not required by law and is also optional.
It could, how eve , p,event f,aLldulent attachment of this certificate to any OPARTNERIS! OLiMITED
unauthorized doc men!. OGENERAL
OATTORNEY IN FACT
THIS CERTIFICATE Tole 0' Type of Document OTRUSTEEIS!
MUST BE ATTACHED OGUARDIAN/CONSERVA TOR
TO THE DOCUMENT Numb.. of Poge, ~ Do" of Dowment OOTHER,
DESCRIBED AT RIGH,
Signe"" Otho, Thon Nomed Abo~
SIGNER IS REPRESENTING,
,Nome of Pmonlo' 0' EntityUeo'
WOLCOTTS FORM 03" R.. 3-" ,"," d... B-2AI Q1B94 WOLCOTTS FORMS, INC.
ALL PURPOSE AC<NO EOGMENT WITH SIGNER CA'AClTY/REPRESENTATlONITWO FlNGE",RINTS
71111~~~~llllllIJllImlII18
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EXHIBIT "A" 4686
The property re ferenced by this agreement is described as follows:
All that portion of La 11 in Block "E" and a portiDn of Block "F" of Palomares Heights, in the City of Encinitas, County
of San Diego, State f CalifDrnia, according to Map thereof No. 2114, filed in the Office of the Countv Recorder of San
Diego Countv, June 19, 1928, described as follows:
Beginning at point 0 the Easterly line Df said Palomares Heights, distant thereon South 0°9'9" West a distance of
1518.99feetfromt e Northeasterlv CDrner thereof; thence continuing along said Easterlv line of Palomares Heights,
South 009'9" West distance of 76.30 feet; thence North 89°50'51" West, a distance of 265.00 feet; thence North
0°9'9" East a dist nce of 71.30 feet; thence North 89050'51" West a distance of 442.34 feet; thence North
83040'07" West a istance of 201.95 feet; thence South 07°41'49" East a distance of 99.16 feet; thence South
83 ° 18'11" West a istance of 165.00 feet; thence North 07041'49" West along the Westerlv line of said Lot 11 a
distance of 145.54 eet; thence SDuth 83040'07" East along the Northerlv line of said Lot 11 a distance of 373.01
feet; thence South 9050'51" East a distance of 707.06 feet to the True Point of Beginning.
Excepting therefrom anv portion Iving within Block "F" of Palomares HBights, in the Countv of San Diego, State of
California, according to Map thereof No. 2114, filed in the Office of the County Recorder of San Diego Countv, June
19, 1928.
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EXH'IBIT "B"
CITY OF ENCINITAS
ESTIMATE OF QUANTITIES AND COST
Reference: EN 0 -96 Area: Encinilas Road: Crest Dr.
Quantities by ~~ Date 4/21/00 Estimate by GAC. Date 4/21/00
No. Quanti y Unit Item Unit Price Amount
1. 1015.0 s.f. A.C. Paving (4"A.C. on 6"A.B. min. section) 2.05 $2080.75
2. 129.0 I.f. Pcc Curb & Gutter (SDRSD G-2) 13.75 $177375
3. 580.0 s.f. Pcc Sidewalk (SDRSD G-7) 3.65 $2117.00
4. 160.0 s.f. Pcc Driveway Appron (SDRSD G-14) 3.95 $632.00
5. 0 1.5. Pcc Pedestrian Ramps (SDRSD G-27, G-31) 1050.00 $0.00
7 0.0 s.f. Alley Paving (4"A.C. on 6"A.B. min. section) 2.05 $0.00
8. 0.0 c.y. Right of way Graded to Ultimate Width 8.60 $0.00
9. 0 Lf Demo Existing Retaining Wall 5.00 $0.00
Engineering Design (10% of const. cost) $660.35
10% Contingency $726.38
Total $7990.23
This is an ESTiM TE ONLY. QLlanlities, units and sizes may be modified and are sLlbject to the approvai of the final
engineering plans by the CITY ENGINEER.
Remarks
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