1998-338318
',; """ . DOC 81998-0338318
826
. JUN 05,1998 12:27 PM
RecordJ.nq Requested By: )
city of Encinitas ) OFFICItl REcœœ
~en Recorded Mail To:) S(t DIEGO COOOV REŒRDER'S OFFICE
CJ.ty Clerk. ) ~ J. 9IITH, CIlmV REroaIR
. city of EncinJ.tas ) FEES: 0.00
505 South VUlcan Avenue )
Encinitas. CA 92024 )
I For tho b.odit of ~ ~R - IIIIIIIIIIIIIII
'11..\. - IN PUBLIC RIGHT-OF-WAY 1998-0338318
. \' . (LIEN CONTRACT1
l \ .
I \~ Assessor's Parcel project No,: EN 97-1763
c' No. 256-391-01
:~
'..:¡¡ This AGREEMENT executed this 19th day of . P'ebruarv ,
~~ 199~, DY and Detween Miguel Rodriguez and NelLY Rodr~guez Schumacher
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 descriDed as:
SEE EXHIBIT" A " A'l'TACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
on an existin
WHEREAS, the property is adjacent to an incomplete street, and
WHEREAS, the improvement will qenerate more traffic and the
OWNER has aqreed to provide the riqht-of-way. and/or improvements in
accordance with Title 24 o~ the City of Encinitas code, and
WHEREAS, pursuant to Title 24 of the city of Encinitas code,
the City Enqineer has recOIIIJIIended that construction of those
improvements required DY the CITY to De constructed DY the OWNER De
postponed and that the OWNER be required to execute an aqreement to
construct said improvements in the future and to qrant a lien to
the CITY upon said property to secure the cost of construction of
said future improv_ents, and
WHEREAS, the OWNER is aqreeaDle to. the execution of such an
aqreement;
Dp3753a
. 827 .
' .,','
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 liep. of ma!ting the improvements specified
herein, and required by C~ty Ord~nance agrees,
covenants, and promises that he/she will install, construct, or
cause to be installed or constructed the improvements herein set
torth 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 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 assess1Dent
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 descriDed 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
$ 3,794.78 (ExhiDit "B"). The OWNER hereey acknowledges that
said cost is a reasonaDle 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 qrants 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
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828
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,
i1lllllediately 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
reasonaDle 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 equitaDle by law for
the foreclosure of a lien, and the OWNER, his/her heirs,
successors, assigns and transferees shall pay reasonaDle
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
hereèy created shall be and ,is hereèy 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 hereèy 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, representàtives, 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 enaDle 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.
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. 88
6) The OWNER will cause to De constructed, in accordance
with CITY standards, at his sole cost and expense, the following
improvements:
1) curD and gutters, ~ lineal feet. Face of curb
to De located ~ feet from the centerline.
2) sidewalk, ~ lineal feet, ~ feet wide.
3) 1 driveway(s),...l£..- feet wide.
4) Roadways, 5' strip along property frontaqe
. (min. 4" A.C. on 6" A.B. section)
5) Drainage: as required.
6) Other:
a) Clearing and grubDing, as required.
D) Relocate power pole(s).
c) Undergrounding of utilities per seperate
covenan't:.
d)
OWNER:
Signature of òwners
Attach the appropriate
Alan D. Archibald
Director of Engineering Services
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. - 83Jl...
- CALiFORNIA ALL.PURP(8 ACKNOWLEDGMENT .
State of ~~)
County of ~.~../
On '-n1::w. J f? before me~ DÆ (j. Û / ij.;J[)URlJó7Jl,(: '1 ¡o ¿) f5.U.ê..
Da" Name ,,' TItle of Offl,e, le.g., "J,,6 Doe, Nota" P,tili,")
personally appeared /f) / ~ iJP-I...Jl}/Mf RfJD12/ ~¡)f 1.-. c:¡... J/iD. J fJ/l2R/t7I)~. t
Nemel') of Igoe'I') e. 'fJ?llm ..
0 personally known to me - OR - 0 proved to me on the basis of sa . tory evidence to be the person(s)
whose name(s) i are bscribed to the n instrument
and acknowled me that he/sh hey xecuted the
same ~e their thorized capacity les). and that by
~"""""""""""""1 his/h~ignature(s) on the instrument the person(s),
1@.""'RandaG.Mi.lljourortheentityuponbehaIfOfWhiCh the person(s) acted,
;;; .., .. Comm. #1038151 11 executed the instrument.
i3 . -a NOT~~~';,'¡'~,¡:;:g~~NIA ~
~ . My Comm Exp Jan 6, 1999 I WITNESS my hand and official seal.
.."", '" "" '" "".""
J?a~ d.V LJ 3Z~~/),
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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 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 he,. 0 Other: Top of thumb h.,.
Signer Is Representing: Signer Is Representing:
" !Q95 N"'oo" Note" """,'e"oo' 8236 Remme",".. P.O. 60,7164' C,"""a Palk, CA91309.7164 P,od. No. 5907 Reo","' Cell TolI-F,e 1-600-676.6827
.' . ~ , . 83.
EXHIBIT "A"
The property referenced by this agreement is described as follows:
That poI1fon of the Southeut Quaner of Secåoø 9, TownsIIIp 13 South, Ran.. ...
W-. SIll BernardIno Meridlul, In tile County of SID DIe¡o, S..te of CaliComl8.
aCCCll"dllll to United States Govemmcøt Saney, described u Collowl:
CoIIImeacill. al the Southcuterly comer of Lot 1, BkIck "F' of Nonh Enclnlt...
accordfø8 to Map thereof No. 184', IIJed In !be 0fIIce of !be County Recorder of San
Dleao Cou:1ty; thence lion. the Euterly line of said Block "F'; North 02'"10'30" East,
1.50.11 fcct to the Nortbwaterly comer of the land cIeIcrIbed åt deed 10 NORMAN
CARL GILMORE, et !IX, recorded December 23, 1951, ill Book 6880, pa. 295 of
Official Records 8nd bel. the TRUE POINT OF BEGINNING; thence conlinuill8
lIon. the Easterly line of said Block "F', North œ"10'30" Eat. 23. T1 reel to the most
Southerly comer of Lot 18 In said Block "F'; thence 810118 the Soulbeuterly line of
s8id Lot 18, and the Nonheulerly proJonption thereof, North 61"26'30" East, 120.00
feet to the mOIl Nonherly comer of tile IIJId described in deed :0 RUTH A.
BROWNLEE. recorded January 28, 1954, u Document No. 11129 of OffIcial
Records; thence Southerly 81008 the Easterly Hne of 88Id Brownlee's land to the
Northeast comer of Slid Gilmore's land; thence alan. the Northerly line of said
Gilmore'sl8ne!, South 89"5730" West to the TRUE POIN:T OF BEGINNING.
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. ;- ~ . EXHIBIT "B" 3.
." ,: .. ,- '!," CITY OF ENCINITA~
ESTIMATE OF QUANTITIES AND COST
Rlf.,encl EN 97-1763 Leucadia 120 Melrose
Area Road
G. Caudill 02-19-98 G. Caudill 02-19-98
Quantities by Date Enim,," By 0...
No. I Quantity I Unit I ,Item Unit Price I Amount
1 I 81.20 ILL 'Curb & Gutter sdrs (G-2) Type G '1$12.60 1$102-3.12
2 I 365.40 Is. L I Sidewalk '(G-7) 1$2.90 1$1059.66
3 300.00 Is. L I Driveway (G-14) 1$3.00'1$900.00
4 406.00 I s.f. I Paved section (min. 4A.C. on 6A.B.) I $2.00 1$812.00
5 I 81. 20 l.f. I Uti1tiy Undergrounding perseperate I I
f I i i <.:uvencUl't:. I i
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This is an ESTIMATE ONLY. OUantitilS. unia and sizes may bl modified and art lUojec:t to till approval of TOTAL 1$3,794.78
thl final engineering plans by the City Engineer.
Remarks: