1998-643669
... . 1424 DOC 81998-0643669
OCT 06. :1998 3:29 P!"i
Recording R quested By: )
city of Enc nitas ) OFFICIAL RECORDS
When Record d Mail To: ) SAN DIEGO COUNf'! RECORDER'S OFFICE
city Clerk ) Gf\'EGORY J. SMITH, COUNTY RECORDER
City of Enc nitas ) Illalllllllllll
h~ 505 South V lcan Avenue )
f, n 'tas 4 )
It-- 1998-0643669
¿6' AGREEMENT FOR IMPROVEMENTS
f'Ç¡ IN PUBLIC RIGHT-OF-WAY
j'
ILIEN CONTRACT)
Assessor's arcel project No.:EN 98-560
No. 260-083-70-00
This A REEMENT executed this 1st day of June ,
199~, bI a ~ between Randall C. O'Connell and Suzzanne Mart~n
O'Connel a James K. Johns and Donita
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:
WH , the OWNER owns property described as:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHEREA , the OWNER is currently grofosing
Constructi n of a New Single Family we ling.
, the property is adjacent to an incomplete street, and
WHE. , 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
WIfE , 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 a d 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
WHE , the OWNER is agreeable to the execution of such an
agreement;
bp3753a
. 1423 .
NOW T EREFORE, IT IS AGREED by and between the parties hereto
as follows
1) he CITY agrees to accept the dedications, if any, and
upon the c mpletion of the improvements required herein to the
satisfacti n of the City Engineer, agrees to dedicate said
improvemen s to the public and for public streets.
2) he OWNER, in lieu of making the improvements specified
herein, an required by City Ordinance agrees,
covenants, and promises that he/she will install, construct, or
cause to b 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 1 year or within such further period of time as
is hereafte 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
both sides of the street upon which the property herein
scribed has frontage; or
b) en owners of more than 60t of the frontage, between
i tersecting streets on both sides of the street upon
w ich the property herein described has frontage, have
p titioned the CITY to form an improvement district for
e improvement of said streets and the CITY initiates
s ch proceedings.
Such i provements shall be made without cost or expense to the
CITY. The CITY estimates that the cost of construction of said
improvement at the time of the signing of this Agreement is
$ 4,743.20 (Exhibit ItBIt). The OWNER hereby acknowledges that
said cost i a reasonable estimate of construction costs at this
time and th t the actual cost of said improvements at some time in
the future ay exceed this estimate; and the OWNER hereby agrees
that his/he obligation under this Agreement extends to the actual
cost of con truction of said improvements, notwithstanding it may
exceed such estimate.
3) T at for the faithful performance of the promises and
covenants h rein contained the OWNER hereby grants to the CITY a
lien upon he property herein described, and in the event the
OWNER, his/ er succ~ssors, heirs, assigns, or transferees fail to
install and construct said improvements in the manner and within
the time sp cified herein, he/she agrees that the CITY may do all
of the foIl wing:
a) I stall and construct said improvements by contract or
0 herwise, and grant permission to the CITY or its
c ntractor and his/her employees to enter upon any
bp3753a
I
~ . 1,126 .
ortion or portions of the property reasonably necessary
or said construction, and the entire cost and expense of
aid improvements shall be charged against said property.
aid cost and expense shall be p~yable by said OWNER,
is/her successors, heirs, ass~gns or transferees,
ediatelyupon completion of said improvements, and in
e event the same is not paid within thirty (30) days
rom said completion, the CITY may foreclose said lien as
provided by law for the foreclosure of mortgages, and the
0 ER agrees that the amount of said lien shall include
asonable attorney's fees which shall be taxed as a cost
any suit for such foreclosure.
b) D'rect the City Engineer to estimate the cost of the work
r quired to complete said improvements and foreclose said
l'en in said amount.
c) mortgage.
d) rsue any other remedy, legal or equitable by law for
t e foreclosure of a lien, and the OWNER, his/her heirs,
s ccessors, assigns and transferees shall pay reasonable
a torney's fees to be taxed as a cost in said
p oceedings.
4) T at it is agreed that anything herein contained to the
contrary no withstanding, the promises and covenants made herein
shall not bbinding upon the holders, mortgagees, or beneficiaries
of any purc ase money mortgage or trust deed, for value which has
been or may in the future be executed by the OWNER, his/her heirs,
successors, representatives, assigns, or transferees, and the lien
hereby crea ed shall be and is hereby subordinated to and declared
to be infe ior and subsequent in lien to the lien of any such
purchase mo ey mortgage or trust deed. The lien hereby created
shall likew'se be of no force or effect against any owner whose
title to e property herein described is acquired by or as a
result of foreclosure or trustee's sale of any such first
mortgage or first trust deed.
5) T at at any time during the period herein provided, the
OWNER, his/ er heirs, successors, representatives, assigns, or
transferees may place a cash deposit or post a form of surety
satisfacto to the CITY to charge said surety with the cost of
said improv ments, the amount of security to be the estimated cost
of improvem nts, as ascertained by the city Engineer at the time of
the request, and that upon deposit of said cash or posting of said
surety the ITY agrees to release the property, or any portion of
it under si gle ownership, from the provisions of the Agreement,
and to exec te any necessary release to enable the OWNER, his/her
heirs, succe sors, representatives, assigns, or his/her transferees
to clear th record title of the property so released of the lien
herein impo ed.
bp3753a
. 1427 .
6) Th OWNER will cause to be constructed, in accordance
with CITY s andards, at his sole cost and expense, the following
improvements:
1) CUrb and gutters2 ~ lineal feet. Face of curb
to be located ~ feet from the centerline.
2) Sidewalk, ~ lineal feet, ~ feet wide.
3) 1 driveway(s), ~ feet wide.
4) Roadways, min. 4" A.C. on 6" A.B. section
657.7 S.F.
5) Drainage: as required.
6) Other:
a) Clearing and grubbing, as required.
b) Relocate power pole(s).
cj Under grounding of overhead power lirt~ per
seperate covenant.
d)
OWNER: óL-
/fj;,%- C;!" tl~4
to be notarized.
acknowledgements.
Services
bp3753a
'CALiFORNIA A L.PURPO. ACKNOWLED~ .
State of
County of
On ¥ before me, [;vL
D", l\ ,--- N,m"'dH'eOfOm",(e.,.
personallyap eared ¡Jon I tð- I POll') R)k ~
v N,me(,} of SI,"'('}
- ..1,¡fproved to me on the basis of satisfactory evidence to be the person~
whose name(~re subscribed to the within instrument
and acknowiedged to me that he~hey executed the
sam~, hi~heir authorized capacity(i~, and that by
hi~eir signatureN., on the instrument the personW,
K. DOLKAS7 or the entity upon behaif of which the person~) acted,
Com million '1011 sa8 executed the instrument.
Notary Puþllo . Call1O,nla
San Diogo County
IlSlon Ex ,MAY 12, 2000 WITNESS my hand and official seal.
D . 11^--
dJ
""10" of Nota~ PobU,
OPTIONAL
ation below is not required by taw, it may prove valuable to persons relying on the document and could prevent
Iraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Dat : Number of Pages:
Signer(s) Othe Than Named Above:
Capacity(ie ) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individuai
0 Corporate 0 icer 0 Corporate Officer
Title(s): Title(s):
0 Partner - 0 Generai 0 Partner - 0 Limited 0 General
0 Attorney.in- 0 Attorney.in.Fact
0 Trustee 0 Trustee
0 Guardian or onservator . 0 Guardian or Conservator .
0 Other: Top of fhomb here 0 Other: Top of fhomb here
Signer Is Repre enting: Signer Is Representing:
" 1994 Not'",' Nole~ A,w,¡ot¡o, . 82 6 RemmetA"., po. eo. 7184' COO"", P'~, CA 91309,7184 Pcod No. 5907 Reo",e' Cell ToII,F", "'00,876"'827
1'~~9
CALIFORNIA A L.PURPO- ACKNOWLEDGMENT .
State ot
On
eared ) , ,) /"1./(,../ ,
/, ) N,mol') ofSlg"'I')
1/ )
own to me .:. OR - 0 proved 0 me on the basis of~tisfactory evidence to be the person(S)
whose name(1~}@¡àre subscribed to the within instrument
and acknowledged to me that@SAelthey executed the
same in}~ìherftheir authorized capacity\ie&), and that by
@ìher/ttJeir signature(~ on the instrument the person~),
or the entity upon behalf of which the person{$) acted,
K. DOLKAS executed the instrument
Commission '1097528~
ot';íI/81~~~'cc..~~ft~rnia CC WITNESS my hand and official seal.
¡sslon Exp. MAY 12, 2000 Y'}, .,~,i , ' " OJ
( \1 ~' ,'j
, ~ \
po , -sig~,,",,; N I'~ P""",
OPTIONAL
tion below is not required by taw, it may prove valuable to persons relying on the document and could prevent
fraudutent removal and reattachment of this form to another document
Number of Pages:
Signer's Name: Signer's Name:
0 Individual 0 Individual
0 Corporate a icer 0 Corporate Officer
Title(s): Title(s):
0 Partner - [J Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in- act 0 Attorney-in-Fact
0 Trustee 0 Trustee
0 Guardian or onservator . 0 Guardian or Conservator .
0 Other: Top of thumb he,e 0 Other: Top 01 thumb heoe
Signer Is Repre enting: Signer Is Representing:
@1994 N"io,,' Nol'~A"ocl'llo" 82 6 "ommOIA".. PO, eo> 7184' C,,"9' P'~, CA91309'7184 Prod, No, 5907 "oom., C", TolI.F,.. 1,800,876'£827
'CALIFORNIA AL .PURPOS&KNOWLEDGMENT 1430 .
No. 5907
State of
County of .
,
On ~SlL" before me, ,--'
~=- ),,<7 I C'-"""'" ~/\ \Cc"t", C!(~.i n, , l (
NAME,S) OF SIGNER,S)
nown to me . OR - 0 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 -R€/she/tAey executed
the same in ms-/her/tMir authorized
capacity(+&s), and that by A+s/her/#teir
signature(s) on the instrument the person(~),
~~1IØ1 t or the entity upon behalf of which the
Pub!IC-(;aIIIDr1'1a - person(s) acted, executed the instrument.
Not3'Y DiegO eounlY
SOl' 'esJa!l9,2M1
wcomm,E><P" WITNESS my hand"&nd official seal.
""---' ,
L ""ü",l/u:./
t'GNATURE OF NOTARY
OPTIONAL
Though the data bel w is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattach ent of this form,
CAPACITY CLAIMED BY SIGNER DESCRIPTIDN DF ATTACHED DOCUMENT
0 INDIVIDUAL 'I'-""-V'C"'9~ Cq:",- L" i.1cl",rt, I.::",'
0 CORPORATE f17\>..:;:t, \è, 'f-,6l"t",,!,~ 'c " )
TITLE OR TYPE OF1:JOCUMENT
TITLE,S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY,IN, ACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CO SERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRES NTING:
NAME OF PERSON,S) OR EN TY,'ES)
----. -.-.- -- SIGNER(S) OTHER THAN NAMED ABOVE
---'- ----
@1993NATIONALNOTARY ASSOCIATION' 8236 Remmel Ave., P.O. Bo, 7184' Caooga Pa'k, CA 91309.7184
a 1~31.
'CALIFORNIA AL .PURPOS~KNOWLEDGMENT No. 5907
State of (' \ . "" ( .. ,~, C
C' ' )
County of ,-L:', " ,
---.-J ~ ' .
On /')<,'" before me, "I:.'", ,il\ í~(\(',,~(r(.b\,(
., NAME,\TlTlEOFOFF~ER'EG"'JANEDO ,NOTARY PUBLIC"
, ./ / /- ! ,.\ . '
personallyappared t"\(~)ci("(,(", l .\.."Cfl"'\",\
NAME(S) OF SIGNER(S)
¡;:a:.personally nown to me . OR - D proved to me on the basis of satisfactory evidence
to be the person('S-) whose name('&) is/a.re
subscribed to the within instrument and ac-
knowledged to me that he/~ executed
the same in his/lwflthetr authorized
capacity(~, and that by his/Rei:/.tb.eir
signature~ on the instrument the person(s},
or the entity upon behalf of which the
~.~8tI person(s.) acted, executed the instrument.
,Jotary Publ;c-~ j
San Diego Caurq -
My Comm, Expires Jon II. 2001 WITNESS my hand and oIfjcial seal.
/"'"
C "U:.l"'L-c. ,'o..Jl
SIGNA URE OF NOTARY
I
OPTIONAL
Though the data bel w is not required by law, it may prove valuable to persons reiying on the document and couid prevent
fraudulent reattach ent of this form,
CAPACIT CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL ...-." ,."",1.,,",.\)..'.'('-;' L"...'
D CORPORATE:! "'~ ",!)~ "';"'" L')""",' ~ ',"
1"\)~;(~lt.+"¡'""uc L,n!""I-l;j~'1
TITLE OR TYPE OF DO'tUMENY
TITlE{S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
D ATTORNEY.IN. ACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CO SERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRE ENTING:
NAME OF PERSON(S} OR EN ITY(IES)
~.._- SIGNER(S) OTHER THAN NAMED ABOVE
,--,.-
@1993NATIONAL NOTARY ASSOCIATION' 8236 Remme! Ave., P.O Bo, 7184' Cao09a Pack, CA 91309,7184
. 143-
EXHIBIT "A"
All that po ion of Parcels 3 and 4, according to Parcel Map No, 16137, as filed in the
Office oft e County Recorder of San Diego County, in the City of San Diego, County
of San Die 0, State of California, more particularly described as follows:
Beginning at the Northeast corner of Parcel I of said Parcel Map No, 16137; thence
along the asterly line of said Parcel I and also being parallel with and 25 feet West of
the center I ine of Rubenstein Avenue, South II Degrees 23 Minutes 34 Seconds East,
199,93 fee to the True Point of Beginning, said point being the Southeast corner of said
Parcel 4; t ence along the Southerly Line of said Parcel 4 , South 76 Degrees o I Minutes
36 Second West, 90,08 feet to the Southwest corner of said Parcel 4 ; thence along the
Westerly Ii e of said Parcel 4, North II Degrees 23 Minutes 34 Seconds West, 86,27
feet; thenc North 78 Degrees 36 Minutes 26 Seconds East, 89,99 feet to a point on the
Easterly Ii e of said Parcel 4; thence along said parcel line South II degrees 23 Minutes
34 Second East, 82,21 feet to the True Point of Beginning.
Note: The bove described property is also known as Parcel 3, on "Exhibit A", on
Certificate f Compliance recorded July 1O, 1997 as file No, 1997-0325313,
" . " . EXHIBIT "3" ,.,a
. , " CITY OF ENCINI-h43 JII8'
ESTIMATE OF QUANTITIES AND COST
Reference EN 98-56 Area Encinitas Road RubenStein Ave.
G.A.C. 06/01/98 G.A.C. 06/Ò1/98
Quanntie, by Date Estimate ay Date
No. I QuantitY' Unit I Item I Unit Prico Amount
1. I 411.0 I s.LI S.D.R.S. (G-7) Sidewalk! 2.90 þ1,192
2. I 53.7 I 1.f I S.D.R.S. (G-2) Curb and Gutter /12.60 1$ 677
3. 285.0 , s.LI S.D.R.S. (G-14) Driveway I 3.70' 1$1,054
4. I 677.7 I s.LI min. 4" A.C. on 6" A.B. asphalt secJion 2.od $1,389
I I I I I
I I I I 10 % Contingency I 1$431.20
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
I I I I I
I I I I I I
I I , I I I
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Tni, 's an ESTIMATE ONLY, (uanti"..: unj", and size:! may be mooified and are suoiect to the approval of TOTAL 1$4,743.20
:ne final englOee"ng plan, by he Cl. ty Engineer.
,~emarks: