2000-509864
. DOC. 2000-0509864
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SEP ".. 2000 <'+: ,1.0 F't"'li
L,L,
Recording Requested By: )
City of Encinitas ) OFFICIAL f::ECORDS
When Recorded Mail To: ) SIlt! DIEGO COUt!TY RECORDER'S OFFICE
City Clerk ) ¡;~~GORY .:;. SimH, COUNTY ,:ECORDŒ
City of Encinitas ) [[¡:-o. 26.00
, L,,).
505 South Vulcan Avenue )
Encinitas. CA 92024 )
roR TII[ DŒ[rrIT or TII[ OIT'.',
f 'ò ¿¡;rI AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
1~f /1/4"0 (LIEN CONTRACT)
V\ K'
\ C.
Assessor's Parcel Project No,: EN 99-548
No, 258-216-01-00
This AGREEMENT executed this 7th day of June. 1999, by and between
David Roy Peiser and Jennifer K, Trombley
hereinafter called the OWNER, and the CITY OF ENCINITAS, a political subdivision of the State
of California, hereinafter called the CITY, is as follows:
WHEREAS. the OWNER owns property described as:
SEE EXHIBIT "Au ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHEREAS, the OWNER is currently purposing addition to a sinGle family dwellinG,
WHEREAS, the property is adjacent to an incomplete street, a~, . ~ do /1
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WHEREAS, the improvement will generate more traffic and the 0 NER has agreed to
provide the right-of-way and/or improvements in accordance with Title 23 of the City of Encinitas
code, and
WHEREAS, pursuant to Title 23 of the City of Encinitas code. the City Engineer has
recommended that construction of those improvements 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 upon said property to
secure the cost of construction of said future improvements, and
WHEREAS. the OWNER is agreeable to the execution of such an agreement;
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NOW THEREFORE, 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 satisfaction of the City Engineer, agrees to dedicate said
improvements to the public and for public streets,
2) The OWNER, in lieu of making the improvements specified herein, and required by
city ordinance agrees. covenants. and promises that he/she will install, construct, or cause to be
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
~ or within such further period of time as is hereafter 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, The CITY
estimates that the cost of construction of said improvements at the time of the signing of this
Agreement is $ 9404,25 (Exhibit "B"), The OWNER hereby acknowledges that said cost is a
reasonable estimate of construction costs at this time and that the actual cost of said
improvements at 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 improvements, notwithstanding it may exceed such estimate,
3) That for the faithful performance of the promises and covenants herein contained
the OWNER hereby grants to the CITY a lien upon the property herein described, and in the event
the OWNER, his/her successors. heirs, assigns, or transferees fail to install and construct said
improvements in the manner and within the time specified herein, he/she agrees that the CITY
may do all of the following:
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
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,
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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 purchase 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 created shall be and is hereby subordinated to and declared to be
inferior and subsequent 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 mortgage or first trust deed,
5) That at any time during the period herein provided, the OWNER, his/her heirs,
successors, representatives, assigns, or transferees, may place a cash deposit or post a form of
surety satisfactory to the CITY to charge said surety with the cost of said improvements, the
amount of security to be the estimated cost of improvements, 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 CITY
agrees to release 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, representatives, assigns, or his/her transferees to clear the record title of the property
so released of the lien herein imposed,
6) The OWNER will cause to be constructed, in accordance with CITY standards, at
his sole cost and expense, the following improvements:
1) Curb and gutters, 95,00 lineal feet. Face of curb to be located ~
feet from the centerline on Briggs Ave.. Curb and gutters, 24_00 lineal
feet. Face of curb to be located 20,00 feet from the centerline on S,
Vulcan Ave..
2) Sidewalk, 11L lineal feet, ~ feet wide,
3) ~ driveway(s), .1§&.. feet wide in alley,
4) Roadways, a 8,5 foot strip of pavinq 95,0 feet lone alone Briqqs Ave,
and an 8,0 ft 42 strip 42,5' lone both alone property frontaGe with S,
Vulcan Ave.. Minimum paved section 4"AC on 6'AB,
5) Drainage: as required,
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a) Clearing and grubbing, as required,
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Ó JUJ /;~r¡ H/Ji?r
,)';?f/J/)/fêr /{ /r?J/Y7blty diJAø/
Signature of owners to be notarized,
Attach the appropriate acknowledgements,
~E~~~
Alan D, Archibald
Director of Engineering Services
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CALIFORNIA ALL.PURPOSE ACKNOWLEDG14ENT
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On before me, !ÞTI-i¿J.1Z fJ !V{ìf/ ¿!r .
_"",r",..oo-,*,'""",,-.y,.-, " ,
f --r£-- - ,. .. f: r-/ -K'í) -! VI'
personally appeared " J ,/UI¡)j . é:/C ,l¡í i;'!"!' L_,t/
.." _..~' ,
~OnailY known to me - OR - 0 proved to me on the basis of sat,i§l~ctOry evidence to be the person(s)
whose name(s) i~ubscribed to th~hin instrument
and acknowledg~ -t? me that hefsha1th.-ßY executed the
same inJl¥1e@)è)r'authorized capacity(ies), and that by
J ~ '1 hisfher~ signature(s) on the instrument the person(s),
- ARTHUR P. ARQUILLA <: or the entity upon behalf of which the person(s) acted.
( ) Camm. # 1165049 (J) executed the instrument.
NOTARY PUBlIC,CALIFORNIA
. San Diego County -
My Comm, Expires Jan, 7, 2002 ..
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OPTIONAL }~
\ Though ths informs/ion below is nol required by law. n may prove wluabIe /Ø persons rslying on the document anti could prevent I
traudu/sn/rsmoval and IfIIirtachmønl of /his form /Ø another doc:unIInI~ ':
1
Description of Attached Document I
Title or Type of Document: ,I
\
~\ Document Date: Number of Pages: ~'
II
\, I'
Signer(s) Other Than Named Above: \;
Capaclty(ies) Claimed by Signer(s)
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Signer's Name: Signer's Name: ,:
0 Individual 0 Individual ~;
0 Corporate Officer 0 Corporate Officer \'
Title(s): " Title(s): (
0 Partner - 0 Limited 0 General 0 Partner - 0 Umited 0 General \'
0 Attomey-in-Fact 0 Attomey-in-Fact ~
0 Trustee 0 Trustee '.
0 Guardian or Conservator . 0 Guardian or Conservator. I
0 - Other: Top oIlhumb hot. 0 Other: ' Top oIlhI.rnb hot.
Signer Is Representing: Signer Is Representing:
c ,... """"NOIa~Auoaa""" '82>6 FIommeIA.... p,o", 7184-C',,_P.~, CAO\309-7184 """""'.Il1O7 _Coil"""" ,-.,....,
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EXHIBIT "A"
The property referenced by this agreement is described as follows:
Lot 5 of Smith's Subdivision of the East Block 9, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No, 38, filed in the Office of the County Recorder
of San Diego County, January 11, 1887,
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EXHIBIT "B"
CITY OF ENCINITAS
ESTIMATE OF QUANTITIES AND COST
Reference: EN99-548 Area: Encinitas Road: Briqqs Ave.! Vulcan Ave,
Quantities by GAG, Date 6/7/99 Estimate by GAG, Date 6/7/99
No, Quantity Unit Item Unit Price Amount
1, 1067,5 s,f. AC, Paving (4"AC, on 6"AB, min, section) 2,05 $2187,35
2, 119,0 U, Pcc Curb & Gutter (SDRSD G-2) 13,75 $1636,25
3- 595,0 s.f, Pcc Sidewalk (SDRSD G-7) 3,65 $2171,75
4, 184,0 s.f, Pcc Driveway Appron (SDRSD G-14) 3,95 $726,80
5, 1 I.s, Pcc Pedestrian Ramps (SDRSD G-27, G-31) 1050,00 $1050,00
7 0,0 s.f, Alley Paving (4"AC, on 6"A,B, min, section) 2,05 $0,00
Engineering Design (10% of const. cost) $777,20
10% Contingency $854,90
Total $9404,25
This is an ESTIMATE ONLY, Quantities, units and sizes may be modified and are subject to the approval of the final
engineering plans by the GITY ENGINEER,
Remarks
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