1996-319248
. 4IÞ / 6-~ ?~"t!~96-03t~~i8~,
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Recording Requested By: )
City of E cinitas) FE~
When Reco ded Mail To: )
City Cler ) iLOO 'CD' ~5.0¡j
City of E cinitas ) 6~:.."
505 South Vulcan Avenue) M',..)O
Encin"tas CA 904 >
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Project No.:TPM 95-118
This AGREEMENT executed this /6 day of r¿b ,
199~, by and between PAUL A. NEWKIRK, SCOTT M. JORDAN, DAVID P.
SHAW AND SUZANNE L. SHAW
hereinaft r called the OWNER, and the CITY OF ENCINITAS, a
political subdivision of the state of California, hereinafter
called th CITY, is as follows:
WHE S, the OWNER owns property described as:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHE AS, the OWNER is currently proposing a four parcel
AS, the property is adjacent to an incomplete street, and
AS, the improvement will generate more traffic and the
greed to provide the right-of-way and/or improvements in
with Title 24 of the City of Encinitas code, and
WHE AS, pursuant to Title 24 of the City of Encinitas code,
the City Engineer has recommended that construction of those
improveme ts 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 pon said property to secure the cost of construction of
said futu e improvements, and
the OWNER is agreeable to the execution of such an
bp3753a
4IÞ - . 63
NOW T'HEREFORE, 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
satisfact 'on of the city Engineer, agrees to dedicate said
improveme nts to the public and for public streets.
2) The OWNER, in lieu of making the improvements specified
herein, ë nd required by Notice of Decision DCD 95-039 agrees,
covenants, and promises that he/she will install, construct, or
cause to be installed or constructed the improvements herein set
forth at time satisfactory to the CITY, provided, however, that
the OWNE shall not be required to complete said improvements
before - \ - \'~'è or within such further period of time as
is hereaf er 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. Tl e CITY es\:imates that the cost of construction of said
improvem~ ts at the time of the signing of this Agreement is
$ \ 'b"2. ÇI,. (Exhibit "B"). The OWNER hereby acknowledges that
said cost is a reasonable estimate of construction costs at this
time and hat the actual cost of said improvements at some time in
the futur ~ may exceed this estimate; and the OWNER hereby agrees
that his/ er obligation under this Agreement extends to the actual
cost of c nstruction of said improvements, notwithstanding it may
exceed su h estimate.
3) That for the faithful performance of the promises and
covenants herein contained the OWNER hereby grants to the CITY a
lien upor the property herein described, and in the event the
OWNER, hi /her successors, heirs, assigns, or transferees fail to
install a d construct said improvements in the manner and within
the time pecified herein, he/she agrees that the CITY may do all
of the fo lowing:
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
bp3753a
4IÞ - 4IÞ 64
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 notwithstanding, the promises and covenants made herein
shall not be binding upon the holders, mortgagees, or beneficiaries
of any p rchase money mortgage or trust deed, for value which has
been or m y in the future be executed by the OWNER, his/her heirs,
successo s, representatives, assigns, or transferees, and the lien
hereby cr ated shall be and is hereby subordinated to and declared
to be in erior and subsequent in lien to the lien of any such
purchase money mortgage or trust deed. The lien hereby created
shall li ewise be of no force or effect against any owner whose
title to the property herein described is acquired by or as a
result 0 a foreclosure or trustee's sale of any such first
mortgage r first trust deed.
5) That at any time during the period herein provided, the
OWNER, h s/her heirs, successors, representatives, assigns, or
transfere s, 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 impr vements, the amount of security to be the estimated cost
of improv ments, as ascertained by the City Engineer at the time of
the reque t, and that upon deposit of said cash or posting of said
surety th CITY agrees to release the property, or any portion of
it under single ownership, from the provisions of the Agreement,
and to ex cute any necessary release to enable the OWNER, his/her
heirs, su cessors, representatives, assigns, or his/her transferees
to clear he record title of the property so released of the lien
herein im osed.
bp3753a
4IÞ - 4IÞ 65
6) The OWNER will cause to be constructed, in accordance
with CIT standards, at his sole cost and expense, the following
improvem nts:
1) Curb and gutters, ~ lineal feet. Face of curb
to be located ~ feet from the centerline.
2) Sidewalk, ~ lineal feet, f; feet wide.
3) \ driveway(s), ~ feet wide.
4) Roadways, AC- ?ç."hNI""
.
5) Drainage: as required.
6) Other:
a) Clearing and grubbing, as required.
b) Relocate power pole(s).
c)
d)
Signature of owners
Attach the appropriate
Services
bp3753a
CÀlIFORNIA A L.PU RPO.CKNOWLEDGM ENT 4IÞ 66
State of
Cl
/6/ 19Ji (,. before me, hlTN
0" //lú '- IT, /./ w K Ie. K N'3 ,"dT~IOtIi"', g" "J,", 0", No"~ PaOli,')
¿ / , 0, :i. L?4';J, SH,¡of~
N,m",) 01 Sig",¡,)
wn to me - OR - p(proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) i&'are subscribed to the within instrument
and acknowledged to me that he.lehe/they executed the
same in hiether/their authorized capacity(ies), and that by
hia,lRer/their signature(s) on the instrument the person(s),
JOAN O'DONNELL or the entity upon behalf of which the person(s) acted,
<I Commission 1981844 ~ executed the instrument
~ Notary Pub)ic, Californial" WITNESS my hand and official seal.
San Olago County'
{..My,c,,:~' ion Expire. Janu8'Y to, 1997! " ~~
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L.- S;g"'o"oINa"~Pob'"
OPTIONAL
Though the inform tion beiow is not required by iew, it may prove veiuabie to persons relying on the document and couid prevent
frauduient removal and reattachment of this form to another document
Description f Attached Document
Title or Type of ocument
Document Date: Number of Pages:
Signer(s) Other han Named Above:
Capacity(ies Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Off cer D Corporate Officer
Title(s): Title(s):
D Partner-D imited D General D Partner - D Limited D Generai
D Attorney-in-F ct D Attorney-in-Fact
D Trustee D Trustee
D Guardian or onservator . D Guardian or Conservator .
D Other: Top of thumb he'e D Other: Top ofthumb here
Signer Is Repres nting: Signer Is Representing:
"'994 N"io",' No"~ A..oci"loo' 6236 R,mmof A". P,O. 60, 7164' C,"aga POlk, CA 91309,7164 Prod No, 5907 R,.xd", Cal! Tol!.F'" 1,600,676,6627
4IÞ .. 4IÞ 67
EXHIBIT "A"
The prop rty referenced by this agreement is described as follows:
PAR EL I.
Tha portion of Lot 2 'Fractional Southwest Quarter of Northwest Quarter) of
See ion 22, Township 13 South, Range 4 West, San Bernardino Meridian, in the City
of ncinitas, County of San Diego, State of California, according to the Official
PIa thereof, descrihed as follows.
Com encing at the Point of Intersection of the Westerly prolongation of the North
lin of Cardiff villa Tract, according to Map thereof No, 1469, filed in the
Cou ty Recorder's Office of said San Diego County, August 10, 1912, with the
Nort essterly line of County Highway Commission Route 1, Division 1; thence North
31"2 " West along said Northeast line of Route 1, a distance of 213,03 feet to
the eginning of a tangent curve to the right in said line and said curve through
ace tral angle of 08°01' a distance of 178,59 feet; thence continuing along said
Nort easterly line of said Route 1, North 23°27' West 812,75 feet to the TRUE
POI OF BEGINNING, being the most Westerly corner of a parcel of lan"d conveyed
to E rl C, Nichols and wife, by deed dated october 3, 1944 and recorded in Book
1761 Page 65 of Official Records; thence continuing North 23°27' West along said
Nort easterly line 50,05 feet to the most Southerly corner of that parcel of land
conv yed to Charles R, Zink, et ux, by deed recorded Septemher 18, 1947 in Book
2491 Page 319 of Official Records. thence Northeasterly along the Southeasterly
line of Zink' s land to the most Easterly corner thereof; thence Southeasterly to
a po nt on the Northerly line of the property conveyed to Nichols, 203,19 feet
Nort) easterly from the TRUE POINT OF BEGINNING; thence South 66°48' West on the
Nort erly line of property conveyed to Nichols 203,19 feet to the TRUE POINT OF
BEGI ING,
PARC L 2.
The rthwesterly 50,02 feet of the following described parcel of land.
That ortion of the Northwest Quarter of Section 22, Township 13 South, Range 4
West, San Bernardino Base and Meridian, in the County of San Diego, State of
Calif mia, according to Official Plat thereof, described as follows.
Begin ing at the intersection of the Westerly prolongation of the North boundary
line f Cardiff Villa Tract, according to Map thereof No, 1469, filed in the
Offic of the County Recorder of San Diego County, August 10, 1912, with the
North asterly line of County Highway Route 1, Division 1; thence North 31)28'
West long said Highway line, 213,05 feet to the beginning of a curve concave to
the N rtheast having s radius of 1275,'2 feet and a central angle of 8°01';
thenc Northwesterly along said curve, 170,49 feet; thence tangent to said curve,
North 23"27' West, 712,71 feet to the TRUE POINT OF BEGINNING; thence continuing
North 23°27' West, 100,04 feet; thence North 66°48' East, 406,38 feet to a point
on a urve, concave to the Northeast, the center of which curve bears North
71°20 ' 55" East from said last mentioned point and having a radius of 2035 feet.
thenc e Southeasterly along the arc of said curve, 100,29 feet; thence South
66°40 ' West, 399,75 feet to the TRUE POINT OF BEGINNING,
EXCEP ING FROM the above described property, that portion thereof lying
North e sterly of the following described line.
Begin n ng at a point on the Northwesterly line of said ahove described property,
dista n thereon, South 66°48' West, 206,38 feet from the Northeast corner of said
land; hence Southeasterly in a straight line to a point in the Southeasterly
line f said land, distant thereon, South 66°4B' West, 200 feet from the
South e st corner of said land,
5f15f9
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,, - EXHIBIT "B"
- 4IÞ , CITY OF ..ENCINITAS8 68
ESTIMATE OF QUANTITIES AND COST
Reference \,,~ "l5 - \\<6 Area c.",(LI;c,\~ Road ~Þ.Ñ E:.LI S~ AJ;:
Quantities by ~ES Ù~V, ~.~. ~()I.L. Daœ 3-14- '1/0
",Lc.G' Date 2.'L\-~Co Estimate By ~V . :.. 'ì. -'" <'>
No. I Quant'ty I Unit I Item Unit Prica I AmoUl
\ I 5'15 I S~ I Ac ~~.JG'ht:r-I'1 ..~ 'ßA5E \59 1">4<..,65
2 ' I l'õ I <-1= I c....:>\'2.~ ~ <4""E~ \1-':>'ù 6.'2.. I ~ t'l..løt:.l '16võo
3 I 420 I 5F I F'c.c. SI\)f\.J~1..1<. ~">ï:I c.'l I z.,"Iö . h2.'~,cc
4 I I'll:> I ~~ I \'c<... '\)'e,\VbWI"j. f.'>\:) ú¡' I¿, I 3,ID 1703>.o~
5" I I I £1\ I \'c.<.. C-ùl'-ß c,\H'L~T K<;,\) 0-2'5 I ZZ5ö.2.° /22.S()\1!"
I I I I I
I I lID\' A.L I I (,0'ì9.85
I I lib')"" GoNTIKC"INL.,=> I I "°').'19
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I I I I 1\'2>2.82."
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This is an ESTIMATE ONL . Quantities. units and sizes may be modified and are subject tc the apprcval ct TOTAL ¡ \ 'ò2.~ ~
the tinal engineering plans b the City Engineer.
Remarks:
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