Loading...
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 I I I I I ! I I I I I 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: