Loading...
1998-338324 - ... ,'» . tÞ 862 DOC tl1998-0338324 . JUN 05~ 1998 12:28 PM Recordinq Requested By: ) City of Encinitas ) OFFICIAL RECORDS . When Recorded Mail To:) SAN DIEGO COUNTY RECORDER'S OFFICE City Clerk ) GREGORY J. SMITH, COUNTY RECORDER city of Encinitas ) FEES: 0.00 :~i~!:~~:;::;::-cÜY ¡ 111111111111111 AGREEMENT FOR IMPROVEMENTS 1998-0338324 IN PUBLIC RIGHT-OF-WAY ~ (LIEN CONTRACT) 1\ . I\) Assessor's Parcel Project No.: 5290 G No. 216-100-22 \\ h' 'd \ T ~s AGREEMENT executed th~s ay of , 199--, by and between PABLO SANTAMARIA '\ \ f 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 "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE WHEREAS, the OWNER is currently proposinq a sinqle family home 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 of the city of Encinitas code, and WHEREAS, pursuant to Title 24 of the City of Encinitas code, the City Enqineer 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 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 improvements, and . WHEREAS, the OWNER is aqreeable to the execution of such an aqreement; bp3753a " . 863 . . NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1) The CITY aqrees to accept the dedications, if any, and upon the completion of the improvements required herein to the satisfaction of the City Enqineer, aqrees to dedicate said improvements to the public and for public streets. 2) The OWNER, in lieu of makinq the improvements specified herein, and required by Chapter 23.36 of Muni. Code aqrees, 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 12-30-2001 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 proceedinqs over an area between intersectinq streets on both sides of the street upon which the property herein described has frontaqe; or b) When owners of more than 60% of the frontaqe, between intersectinq streets on both sides of the street upon which the property herein described has frontaqe, have petitioned the CITY to form an improvement district for the improvement of said streets and the CITY initiates such proceedinqs. Such improvements shall be made without cost or expense to the CITY. The CITY esëimates that the cost of construction of said improvements at the time of the siqninq of this Aqreement is $ 3,804.50 (Exhibit "B"). The OWNER hereby acknowledqes 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 aqrees that his/her obliqation under this Aqreement extends to the actual cost of construction of said improvements, notwithstandinq 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, assiqns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, he/she aqrees that the CITY may do all of the followinq: a) Install and construct said improvements by contract or otherwise, and qrant permission to the CITY or its contractor and his/her employees to enter upon any bp3753a ", . 864. portion or portions of the property reasonably necessary for said construction, and the entire cost and expense of said improvements shall be charqed aqainst said property. said cost and expense shall be payable by said OWNER, his/her successors, heirs, assiqns 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 mortqaqes, and the OWNER aqrees 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. b) Direct the City Enqineer 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 mortqaqe. d) Pursue any other remedy, leqal or equitable by law for the foreclosure of a lien, and the OWNER, his/her heirs, successors, assiqns and transferees shall pay reasonable attorney's fees to be taxed as a cost in said proceedings. 4) That it is aqreed that anythinq herein contained to the contrary notwithstandinq, the promises and covenants made herein shall not be.bindinq upon the holders, mortqaqees, or beneficiaries of any purchase money mortqaqe or trust deed, for value which has been or may in the future be executed by the OWNER, his/her heirs, successors, representatives, assiqns, 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 mortqaqe or trust deed. The lien hereby created shall likewise be of no force or effect aqainst 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 mortqaqe or first trust deed. 5) That at any time durinq the period herein provided, the OWNER, his/her heirs, successors, representatives, assiqns, or transferees, may place a cash deposit or post a form of surety satisfactory to the CITY to charqe said surety with the cost of said improvements, the amount of security to be the estimated cost of improvements, as ascertained by the City Enqineer at the time of the request, and that upon deposit of said cash or postinq of said surety the CITY aqrees to release the property, or any portion of it under sinqle ownership, from the provisions of the Aqreement, and to execute any necessary release to enable the OWNER, his/her heirs, successors, representatives, assiqns, or his/her transferees to clear the record title of the property so released of the lien herein imposed. bp3753a . 8> 6) The OWNER will cause to be constructed, in accordance with CITY standards, at his sole cost and expense, the followinq improvements: 1) Curb and qutters, ------ lineal feet. Face of curb to be located ------ feet from th~ centerline. .." 2) Sidewalk, ------ lineal feet, -~ feet wide. / 3) driveway(s) , ",,/.!. 4) Roadways, ~~ //' ~ / + ~ ,/'/ 5) Drainaqe: as requJ ~ ,/ // 6) Other: ~ / ~ ,/ a) Clear;" /~cubbinq, as required. ,/ b) Relocat~ ',~er pole(s). c) d) OWNER: ~ ~Úa~MÀ. N~'i8 Siqnature of owners to be notarized. Attach the appropriate acknowledqements. rlLJ ~ Alan D. Archibald Director of Enqineerinq Services bp3753a CALIFORNIA AUoPURPo8ACKNOWLEDGMENT . 866 State of CALIFORNIA County of SAN DIEGO On 14 January 1998 before me, Marlene Rice, Notary Public De" Name eo' 11I'e of Offi", le.g., "Jeoe Doe, Nota~ Pobli,") personally appeared Pablo Santa Maria Namel'l ofSigoe'I') IXI personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(5@re subscribed to the within instrument and acknowledged to me tha~/tRey executed the same i~their authorized capacity~, and that by ~ . signature($) on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand ~ \ . 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 reaffachment of this form to another document. Description of Attached Document Title or Type of Document: AGREEMENT FOR IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY (LIEN CONTRACT) Document Date: 14 Jan 98 Number of Pages: 7 total Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual 0 Individual 0 Corporate Office 0 Corporate Officer Title(s): Title(s): 0 Partner - 0 Limited 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 fhumb he'e ther: Top of thomb here Signer Is Representing: " 1995 Naliooaf Nofa~ A"""ialioo' 8236 Aemmel A,e" PO. 80' 7184' Ceooga P"k, CA 91309-7184 P,od. No. 5907 Aeorder Call TolI-F'ee 1-800-876-6827 . 867 EXHIBIT "A" The property referenced by this agreement is described as follows: Westerly 70 feet of the Easterly 80 feet of that portion of the South Half of Southwest Quarter of the Southwest Quarter of section 34, Township 12 South, Range 4 West, San Bernardino Meridian, in the county of San Diego, State of California, according to the United States Government Survey thereof, described as follows: Beginning at the Southeasterly corner of said Southwest Quarter of the Southwest Quarter; thence South 88°16'13" West along the Southerly line of said Southwest Quarter a distance of 160 feet; thence North 1°00'47" West parallel with the Easterly line of said Southwest Quarter 275 feet; thence North 88°16'13" East parallel with said Southerly line 160 feet to the Easterly line of the Southwest Quarter of the Southwest Quarter; thence South 1°00'47" East along said Easterly line 275 feet to the POINT OF BEGINNING, according to Record of Survey Map No. 1652, filed in the Office of the County Recorder of San Diego county. EXCEPTING THEREFROM the Southerly 130 feet thereof. EXCEPTING from the above-described Parcels one-half of the mineral rights on said land as reserved by D.S. Linebarger et al, in deed recorded February 18, 1919 in Book 768, Page 382 of Deeds. bp3753a :,1~";';" ""","':;:] ,.. ,. ','",':, ' '~'., ""':':';" .-. . mO' ..,,- 0', . .'~ . EXHIBI~ "B" . 868 '. " ," CITY OF ENCINITAS ESTIMATE OF QUANTITIES AND COST Reterence A. P . N. 216-100-22 Area GITY OF ENCINITAS Road 'GUADOR STREET , PHOJI:.I,;I NO. ~2~U-L; auàntities by T & R Date 12/19/97 Estimate By T & R Date 12/19/97 ENGINEERING ENGINEERING No. Quantity Item Unit Price Amount 1 8 REMOVE EXIST. 6" CONGo CURB $ 5.00 $ 40.00 2 50 REMOVE EXIST, 4" CONC. DRIVEWAY 50.00 3 60 C. Y. EARTHWORK I 222.00 4 I 1,050 S. F:. 3" A.G./ '6" A.B. 2, 152.50 5 I 70 L.F. 6" ROLLED CURB & CUTTER (G-4) 896.00 6 I 120 S.F. 5 1/2" GONCRETE ORIVEWAY 444.00 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 This is an ESTIMATE QN L Y. Quantities, units and sizes may be modified and are subject to the approval of TOTAL 1$3,804.50 the final engineering plans by the City Engineer. Remarks: