2000-33292
I '
'/\ , . DOC. '")000-007';901)
593-5 L. . }- ...1..;....1 L.
JAN 21, 2000 ~:;: ,53 Pi"í
Recording Re uested By: )
Citý of Enèinit s ) OFFICIAl RECORDS
When Record d Mail To: ) SAN DIEGO COUNTY RECDRDER'S OFFICE
City Clerk ) G~'£GORY .J. SMITH, COONTY ~'ECORDER
City of Encinit s ) FEES: 0,00
505 South Vul an Avenue ) 111111111111111111111111111111111111111111 11111 I11I1 II111 ¡IIII III/III¡
Encinitas CA 2024 )
(1~¥ FOR THE BE EFFIT OF THE CITY,
2000-0033292
AGREEMENT FOR IMPROVEMENTS
1 " IN PUBLIC RIGHT-OF-WAY
1 (LIEN CONTRACT)
I'..
-'I
r t
~' Assessor's Par el Project No,: TPM 98-172
No, 260-281- 2
REEMENT executed this ~ day of Decembe:r; 1999, by and between
orth Count Custom Homes Inc, a California Cor oration
hereinafter call d the OWNER, and the CITY OF ENCINITAS, a political subdivision of the State
of California, h reinafter called the CITY, is as follows:
WHER AS, the OWNER owns property described as:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHER S, the OWNER is currently proposing a minor subdivision in accordance with
TPM 98-172.
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 righ -of-way and/or improvements in accordance with Title 24 of the City of Encinitas
code, and
WHER S, pursuant to Title 24 of the City of Encinitas code, the City Engineer has
recommended t at construction of those improvements required by the CITY to be constructed by
the OWNER b postponed and that the OWNER be required to execute an agreement to
construct said i provements in the future and to grant a lien to the CITY upon said property to
secure the cost f construction of said future improvements, and
WHERE S, the OWNER is agreeable to the execution of such an agreement;
CQv6290.doc 11/1/99
~ . 593£ .
NOW HERE FORE, 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 r equired herein to the satisfaction of the City Engineer, agrees to dedicate said
improvements 0 the public and for public streets.
2) The OWNER, in lieu of making the improvements specified herein, and required by
cit ordinance agrees, covenants, and promises that he/she will install, construct, or cause to be
installed or co structed the improvements herein set forth at a time satisfactory to the CITY,
provided, how ver, that the OWNER shall not be required to complete said improvements before
~or ithin 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) hen 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) hen 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 i 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 4.850.00 (Exhibit "8"). 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, h s/her successors, heirs, assigns, or transferees fail to install and construct said
improvements i the manner and within the time specified herein, he/she agrees that the CITY
may do all ofth following:
a) I stall 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
t e 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
i provements, 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
f reclosure 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
f r such foreclosure.
cov6290.doc 11/1/99
: . 5937 .
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 a any purchase money mortgage or trust deed, for value which has been or may in
the future be xecuted 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 su sequent in lien to the lien of any such purchase money mortgage or trust deed.
The lien hereb created shall likewise be of no force or effect against any owner whose title to the
property herei described is acquired by or as a result of a foreclosure or trustee's sale of any
such first mort age 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 satisfac ory to the CITY to charge said surety with the cost of said improvements, the
amount of sec rity 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 e lien herein imposed.
6) he OWNER will cause to be constructed, in accordance with CITY standards, at
his sole cost an expense, the following improvements:
) Curb and gutters, 60.0 lineal feet. Face of curb to be located 10.0 feet
from the centerline.
) - driveway(s), _feet wide at street.
) Roadways, a 10.0 foot strip Sheffeild Avenue. Minimum paved section
4"AC on 6'AB.
) Drainage: as required.
) Other:
cov6290.doc 11/1/99
. 593'9 .
a) Clearing and grubbing, as required.
1» ~::;(~;;I~~lJJV^;~l;"" :,ß ~B.e"lC;l,t 011 "",,~I,v ,1,,1,(8 Ie
OWNER:
r 'C'->
Date
Name Title Date
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
!1-- 81.l!
cov6290.doc 11/1/99
< CAI:IFORNIA LL.PURPe: ACKNOWLEDGMENT .939
State of'
On before me,
personally a peared J'oHN DA II ì S
N,m",)o'S;,"",,)
ß[persOnallY nown to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person~
whose name(s.) is/.af9 subscribed to the within instrument
and acknowledged to me that he/sReflhey executed the
same in hislbarLtheir authorized capacity(j¡¡¡;) , and that by
his/~ir signature(s-) on the instrument the person(s),
JANICE I(. SWENSON or the entity upon behalf of which the person(6) acted,
Commission it 1192613 ~ executed the instrument
Notay Public - CalIfornia
Son Diego Coun1y WITNESS my hand and official seal.
My Comm, Expires Au¡¡ 8. 2m2
~
C---
c#T10NAL
alion below is nol required by law, it may prove valuable to persons relying on the document and could prevent
Iraudulent 'emoval and reattachment 01 this form to another document
of Attached Document
f Document: ~ !yu-u\~-J::; ~A')~k J~ r .aI~
- tuo¿¡-- (. ~ /\aJ)
: /1/..1 / r'1 Number of Pages:
/ f
Signer(s)Oth rThanNamedAbove: dOn ~ líA.A'L)h>,W
Capacity(i s) Claimed by Signer(s)
Signer's Nam : ~ ~oL~ Signer's Name:
%lndiVidual 0 Individual
Corporate fficer 0 Corporate Officer
Title(s): Title(s):
0 Partner - Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in Fact 0 Attorney-in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator . 0 Guardian or Conservator .
0 Other: Top of thumb here 0 Other: Top of thumb here
Signer Is Rep esenting: Signer Is Representing:
"1994 N,';..", No,"" A"ool,,;o"' 236 R'mm'IA.,., P.O. Bo, 7184. C,oo" P"", CA 91309-7164 Prod. No 5907 R">rd" C", TolI-F.., 1-'00-'76-6827
. . . 5940 .
EXHIBIT "A"
The property r ferenced by this agreement is described as follows:
Lot13inBIoc 104 of Cardiff Vista, in the City of Encinitas, County of San Diego, State of
California, acc rding to Map thereof No. 1547, filed in the Office of the County Recorder of San
Diego County, March 18, 1913.
EXHIBIT "B"
cov6290.doc 11/1/99
~ . . 598
'.
CITY OF ENCINITAS
ESTIMATE OF QUANTITIES AND COST
Reference: TPM 98-172 Area: Encinitas Road:Sheffield
Quantities by - Date 11/1/99 Estimate by - Date ~
No. Quan ity Unit Item Unit Amount
Price
1. 600 s.f. AC. Paving (4"AC. on 6"AB. min. section) 3.85 $2,310.00
2. 60 If. Pcc Curb & Gutter (SDRSD G-2) 13.75 $825.00
3. 150 s.f. Sawcut and remove existing AC pavement 1.50 $225.00
4 300 s.f. Sidewalk (G-7) 3.50 $1,050.00
10% Contingency $441.00
Total $4,850
This is an ESTIMA E ONLY. Quantities, units and sizes may be modified and are subject to the approval of the final
engineering plans y the CITY ENGiNEER.
Remarks
cov6290.doc 11/1/99
I . 8RIOINAI
THI:ò DOCUMENT
WAS RECORDED ON JriN 21, 2000
Recording Re uested By: ) DOCUMENT NUMBff: 2000-003329(-
GIiffiDRY.1. SMITH, COUNT'! RECORDER
City of Encinit s ) SAN DIEGO COUNTY RECORDER' 8 ~iFFICE
When Record d Mail To: ) TIME: 3:53 p~
City Clerk )
City of Encinit s )
505 South Vul an Avenue )
Encinitas CA 9 2024 )
FOR THE BEf EFFIT OF THE CITY.
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT!
Assessor's Pa cel Project No.: TPM 98-172
No. 260-281- 2
-
ThisA( REEMENT executed this ~ day of Decembe:t; 1999, by and between-
North Countv Custom Homes Inc. a California Corporation
hereinafter call d the OWNER, and the CITY OF ENCINITAS, a political subdivision of the State
of California, h reinafter called the CITY, is as follows:
WHER 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 proposing a minor subdivision in accordance with
TPM 98-172.
WHER( AS, the property is adjacent to an incomplete street, and
WHERI AS, the improvement will generate more traffic and the OWNER has agreed to
provide the rigl t-of-way and/or improvements in accordance with Title 24 of the City of Encinitas
code, and
WHERE AS, pursuant to Title 24 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 b postponed and that the OWNER be required to execute an agreement to
construct said i¡nprovements 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
WHER EAS, the OWNER is agreeable to the execution of such an agreement;
cov6290.doc 11/1/99
, . .
NOW HEREFORE, 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 a the public and for public streets.
2) he OWNER, in lieu of making the improvements specified herein, and required by
citvordinance agrees, covenants, and promises that he/she will install, construct, or cause to be
installed or co structed the improvements herein set forth at a time satisfactory to the CITY,
provided, hOWE ver, that the OWNER shall not be required to complete said improvements before
~orw thin 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) Nhen 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) Nhen 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 ir 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 9 4 850.00 (Exhibit "8"). The OWNER hereby acknowledges that said cost is a
reasonable es 'mate 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 improvemE nts, notwithstanding it may exceed such estimate.
3) hat for the faithful performance of the promises and covenants herein contained
the OWNER he eby grants to the CITY a lien upon the property herein described, and in the event
the OWNER, h s/her successors, heirs, assigns, or transferees fail to install and construct said
improvements i the manner and within the time specified herein, he/she agrees that the CITY
may do all of th following:
a) I stall 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
r ortion or portions of the property reasonably necessary for said construction, and
t e entire cost and expense of said improvements shall be charged against said
r roperty, Said cost and expense shall be payable by said OWNER, his/her
successors, heirs, assigns or transferees, immediately upon completion of said
i flprovements, and in the event the same is not paid within thirty (30) days from
s id completion, the CITY may foreclose said lien as provided by law for the
f reclosure of mortgages, and the OWNER agrees that the amount of said lien
s all include reasonable attorney's fees which shall be taxed as a cost in any suit
f r such foreclosure.
cov6290.doc 11/1/99
. .
b) Direct the City Engineer to estimate the cost of the work required to complete said
mprovements and foreclose said lien in said amount.
c) oreclose said lien as a mortgage.
d) Pursue 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
easonable 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 ~ xecuted 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 su sequent in lien to the lien of any such purchase money mortgage or trust deed.
The lien hereb 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 age 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, rei resentatives, assigns, or his/her transferees to clear the record title of the property
so released of t e lien herein imposed.
6) he OWNER will cause to be constructed, in accordance with CITY standards, at
his sole cost an expense, the following improvements:
) Curb and gutters, 60.0 lineal feet. Face of curb to be located 10.0 feet
from the centerline.
) - driveway(s), _feet wide at street.
) Roadways, a 10.0 foot strip Sheffeild Avenue, Minimum paved section
4"AC on 6'AB.
!) Drainage: as required.
) Other:
cov6290.doc 11/1/99
. .
a) Clearing and grubbing, as required.
1!3 ~:::~;:;'~'/^;"Ii... . ,0 ".omo,' ", ",O""," >....~ ,.
ReBel (1 ¡;.¡¡ ~ OWNER:
r~..>
Date
Name Title Date
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
CQv6290.doc 11/1/99
CALIFORNIA LL.PUR E ACKNOWLEDGMENT
State of
On before me,
personally a pea red 'J?:>HN DA II ì 5
NomOi') of S<la"I')
~persOnallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personfsJ
whose name(s) is/4II'e subscribed to the within instrument
and acknowledged to me that he/sRel!ftey executed the
same in his/.harL1ba;r authorized capacity(i96). and that by
his/J:lefAAeir signaturefs-) on the instrument the person(s),
JANICE Ie. SWENSON or the entity upon behalf of which the person(£) acted,
Commission 111192613 I executed the instrument.
Notay Public - CoIIfcrnIa
San [);ego County WITNESS my hand and official seal.
My Comm. E>cpi"" Au¡¡ 8. 2m
Though the ;nlo mafion below is not required by law, it may prove valuable to persons relying on the document and could prevent
Iraudulent removal and reattachmenl 01 this form to another document.
Descriptio of Attached Document
Tille or Type f Document: ~ !,j-1""-o.v:.--t-;f;, ~"'~ -b..- ......:..-. p ~~
~- -IV~ <- ~ /\Q.cJ)
Doc ment D : It / ...1 pc¡ Number of Pages:
I ,
Signer(s) Oth rThan Named Above: dO~ ~ ¡¡~1~ W
s) Claimed by Signer(s)
:~ 9oL~ Signer's Name:
%,ndividual 0 Individual
Corporate 0 Corporate Officer
Tille(s): Title(s):
0 Partner - Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in Fact 0 Attorney-in-Fact
0 Trustee 0 Trustee
0 Guardian a Conservator . 0 Guardian or Conservator .
0 Other: Top 01 thumb here 0 Other: Top of rhumb here
Signer Is Repr senting: Signer Is Representing:
" 1994 N";oool No"~ A"oc;.o;oa. 236 Aommot A". P.O. eo< 7184 . Coaogo Po". CA 91309,7184 P.oo. No. 5907 A~'dor Coli Toll'." l.eoO.67...",
. .
EXHIBIT "A"
The property r ferenced by this agreement is described as follows:
Lot13inBIoc 104 of Cardiff Vista, in the City of Encinitas, County of San Diego, State of
California, acc rding to Map thereof No. 1547, filed in the Office of the County Recorder of San
Diego County, March 18, 1913.
EXHIBIT "B"
cov6290.doc 11/1/99
~
. .
CITY OF ENCINITAS
ESTIMATE OF QUANTITIES AND COST
Reference: TPM 9 8-172 Area: Encinitas Road:Sheffield
Quantities by f- Date ~ Estimate by - Date ~
No. Quant ty Unit Item Unit Amount
Price
1. 600 s.t. AC. Paving (4"AC. on 6"AB. min. section) 3.85 $2,310.00
2. 60 Lt. Pcc Curb & Gutter (SDRSD G-2) 13.75 $825.00
3. 150 s.f. Sawcut and remove existing AC pavement 1.50 $225.00
4 300 s.t. Sidewalk (G-7) 3.50 $1,050.00
10% Contingency $441 .00
Total $4,850
This is an ESTIMA E ONLY. Quantities, units and sizes may be modified and are subject to the approval of the final
engineering plans b the CITY ENGINEER.
Remarks
CQv6290.doc 11/1/99