1998-338324
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. 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;
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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
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. 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.
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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
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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.
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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
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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: