2002-303122
1111111.11111 DOC #82002-0303122
t 2002.0303122
APR 1..1. 2002 1..2:41.. Pl"~
. Recording Requested By'¡;,'1 GO )
City of Encínitas ) [fFICIrt. RECORDS
When Recorded Mail To: ) SAN DIEGO COUNTY RECORDER'S OFFICE
City Clerk ) 7552 GREGORY J, SMITH, COUNTY RECORDER
City of Encinitas ) FEES: 0.00
505 South Vulcan Avenue )
Encínitas. CA 92024 )
FOR THE BENEFFIT OF THE CITY,
1tfi1 ~ AGREEMENT FOR IMPROVEMENTS
fAr IN PUBLIC RIGHT-OF-WAY
5? IC (LIEN CONTRACT)
1P Assessor's Parcel Project No.: 6999-GR PC 99-162
¡rAJ\\ No. 264-152-15-
This AGREEMENT executed this - day of Februarv 8, 2002, by and between STEVEN
ROBERT SAPPER, TRUSTEE OF THE STEVEN ROBERT SAPPER GIFT TRUST DATED JULY 19, 1990,
NON.EXEMPT TRUST "A" AS TO AN UNDIVIDED ONE PERCENT (1%) INTEREST; MICHAEL WILLIAM
SAPPER, TRUSTEE OF THE MICHAEL WILLIAM SAPPER GIFT TRUST DATED JULY 19,1990, NON.
EXEMPT TRUST "A", AS TO AN UNDIVIDED ONE PERCENT (1%) INTEREST; AND DAVID EUGENE
SAPPER, TRUSTEE OF THE DAVID EUGENE SAPPER GIFT TRUST DATED JULY 19, 1990, NON-
EXEMPT TRUST "A", AS TO AN UNDIVIDED ONE PERCENT (1%) INTEREST AND SAPPER FAMILY
PARTNERS. LP., A CALIFORNIA LIMITED PARTNERSHIP, AS TO A 97% INTEREST
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 purposing two sinqle familv dwellinqs in coniunction
with a two Darcel Parcel MaD.
WHEREAS, the property is adjacent to an incomplete street, and
WHEREAS, the improvement will generate more traffic and the OWNER has agreed to
provide the right-of-way and/or improvements in accordance with Title 24 of the City of Encínitas
code,and
WHEREAS, pursuant to Title 24 of the City of Encínitas code, the City Engineer has
recommended that construction of those improvements required by the CITY to be constructed by
Ihe 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
citv 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 $ 13,913,00 (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) Concrete rolled curb ,250.0 lineal feet.
2) Roadways, a 12,00 foot strip of pavina 167 feet lona alona propertv
frontaae of Lone Jack Road. Minimum paved section 4"AC on 6' Class 2
AB.
3) Grading and Drainage: as required,
4) Driveway reconstruction,
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a) Grading Clearing and grubbing, as required.
b) Sawcut and remove existing AC pavement on Lone Jack Road
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(Print names under signatures)
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
C~TYFL ~k
Leroy Bodas
Director of Engineering Services
Sapper 99-162 6999-g
. . 7556
State of California
County of San Diego
On 01/28/02 before me, H. J. Haro
(DATE) (NAMEllTTLE OP OFFICER-i<"JANE OOE, NOTARY PUBLIC")
personally appeared Steven Robert Sapper,
(NAME(S) OF SIGNER(S)
Michael William Sapper, David Eu2ene Sapper The information requested below
and Eu2ene Herbert Sapper and in this column is Optional.
ŒJ personally known to me - OR - D proved to me on the Recording of this document is not
basis of satisfactory required by law and is also
evidence to be the optional. It could, however,
person(s) whose name(s) prevent fraudulent attachment of
is/are subscribed to the this certificate to any unauthorized
within instrument and document.
acknowledged to me that
he/she/they executed the
same in his/her/their
authorized capacity(ies),
and that by his/her/their
signature( s) on the Agreement for Impfoyements in Public
instrument the person(s), Right.of.Way (Lien Contract)
or entity upon behalf
of which the person(s) Number of Pages: 6
acted, executed the Date of Document: 09/11/00
instrument. Other Signer(s) of Document:
i~ ,.j.HAAO 1
0 :X~,\}I_:i¡, COMM. # 1207962 ~
on ~}~ -llf)TARV PUBLlC,CALIFORN(A:;
~ \,~" SAN DIEGO COUN1't' -
L::~~::; ~omm, Expires,J,n, 14, 2003 ~
CAPACITY CLAIMED BY SIGNER(S) CAPACITY CLAIMED BY SIGNER(S)
0 INDIVIOUAL(S) 0 INDIYIOUAL(S)
0 CORPORATE OFFiCER(S) 0 CORPORATE OFFICER(S)
llfLE(S) Ttft.E(S)
RIGHT TI!UMBPRINT 0 PARTNER(S) 0 LIMITED RIGHT THUMBPRINT 0 PARTNER(S) 0 LIMITED
0 0 GENERAL (Optional) 0 GENERAL
0 ATTORNEY IN FACT D 0 ATTORNEY IN FACT
0 TRUSTEE(S) I!IJ TRUSTEE(S)
0 GUARDIAN/CONSERVATOR D GUARDIAN/CONSERYATOR
D OTHER 0 OTHER
SJGNER IS REPRESENTJNG, SIGNER IS REPRESENTING,
(N'm'ofP=,"M"E,,"y(i~) (Nom'ofPm,"M"E"i'Y(i~)
GIftT,u.~dSopp~
FomB, Po"'"" LP.
. .
.
E.XtH~lT À. 7557
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 18 OF THE SUBDMSION OF RANCHO LAS ENCINITAS, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898,
AND OF A PORTION OF VACATED "J" STREET ADJACENT TO SAID LOT 18, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY PROLONGATION OF THE CENTER
LINE OF 12TH STREET WITH THE CENTER LINE OF "J" STREET AS SHOWN ON COLONY OF
OLIVENHAIN, ACCORDING TO MAP THEREOF NO, 326, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, WLY 8,1885; THENCE ALONG THE CENTER
LINE OF SAID "J" STREET NORTH 14°18'00" EAST, 990,00 FEET TO A POIN[ HEREIN
DESIGNATED AS POIN[ "A"; THENCE CONTINUING ALONG SAID CENTER LINE OF "J"
STREET, NORTH WI8'00" EAST, 591.70 FEET TO THE CENTER LINE OF 14TH STREET AS
SHOWN ON SAID MAP NO. 326; THENCE ALONG THE WESTERLY PROLONGATION OF THE
CENTER LINE OF SAID 14TH STREET, NORTH 74°38'00" WEST TO A LINE WHICH IS PARALLEL
WI1H AND 60.00 FEET WESTERLY OF AND MEASURED AT RIGHT ANGLES TO THE CENTER
LINE OF SAID "J" STREET; THENCE CONI1NUING NORTH 74°38'00" WEST, 527.30 FEET TO THE
MOST WESTERLY LINE OF LAND DESCRIBED IN DEED TO HORACE G. PHILLIPS, ET UX,
RECORDED JANUARY 16, 1958 IN BOOK 6910, PAGE 17 OF OFFICIAL RECORDS; THENCE
ALONG SAID WESTERLY LINE SOUTH 14°18'00" WEST, 455.00 FEET; THENCE NORTH 83°31'50"
EAST, 225,00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
83°31 '50" EAST, 403.11 FEET TO THE CENTER LINE OF SAID "J" STREET; THENCE ALONG SAID
CENTER LINE, SOUTH WI8'00" WEST, 360.23 FEET TO SAID POIN[ "A"; THENCE NORTH
74°52'00" WEST, 295.91 FEET TO A LINE WHICH BEARS SOUTH 06°28'10" EAST FROM THE
TRUE POINT OF BEGINNING; THENCE NORTH 06°28'10" WEST, 228.53 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS, PETROLEUM AND OTHER
HYDROCARBON SUBSTANCES AS EXCEPTED AND RESERVED BY GLADDING, MC BEAN &
CO" RECORDED JANUARY 16, 1958 IN BOOK 6910, PAGE 17 OF OFFICIAL RECORDS,
f'
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7558
EXHIBIT "B"
CITY OF ENCINITAS
ESTIMATE OF QUANTITIES AND COST
Reference: 6440.G Area: ~ Road: Santa fe Drive
Quantities by C.D.T Date 9/11/00 Estimate by C,D.T. Date~
No. Quantity Unit Item Unit Amount
Price
1. 2000 s.f. AC. Paving (4"AC, on 6"AB. min. section) 2.45 $4900
2. 250 I.f, Pcc Curb (SDRSD G-4) 13.75 $3438
3, 250 I.f. Sawcut existing AC pavement 3.00 $750,00
4 1 L.S Earthwork Grading 1000.00
5 2 each Driveway apron reconstruction 1280 $2560
SUBTOTAL $12,648.0
10% CONTINGENCY $1,265,00
Total $13913.00
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 CITY ENGINEER.
Remarks
Sapper 99-162 6999-g