2000-399870Recording Requested By:
City of Encini as
When Recorded Mail To:
City Clerk
City of Encini as
505 South V Ican Avenue
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No. 260-36
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• DOC 162000-0399870
4042 JUL 28. 2000 9:57 AM
) OFFICIAL RECORDS
SAN DIEGO COIAfiY RECORDER'S OFFICE
GREGORY J. SMITH, CM RECORDER
FEES: 919.00
IIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIINIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIII
2000-0399870
AGREEMENTFORIMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Project No.: EN 98-1639
executed this 11th day of January
, 1999, by and between
hereinafter called the OWNER, and the CITY OF ENCINITAS, a political subdivision of the State
of California, hereinafter called the CITY, is as follows:
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 construction of a new single family
dwelling.
the property is adjacent to an incomplete street, and
WHE EAS, the improvement will generate more traffic and the OWNER has agreed to
provide the ri ht-of-way and/or improvements in accordance with Title 23 of the City of Encinitas
code, and
1NHE EAS, pursuant to Title 23 of the City of Encinitas code, the City Engineer has
recommende 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 cot of construction of said future improvements, and
the OWNER is agreeable to the execution of such an agreement;
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•
4043
NO 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
:ment required herein to the satisfaction of the City Engineer, agrees to dedicate said
:ment to the public and for public streets.
2)
city ordinani
installed or
provided, ho,
1 year or
extended pei
a)
b)
Such
estimates tho
Agreement is
reasonable
improvement
agrees that F
said improves
3)
the OWNER
the OWNER,
improvement
may do all of
a)
The OWNER, in lieu of making the improvements specified herein, and required by
_ agrees, covenants, and promises that he/she will install, construct, or cause to be
nstructed the improvements herein set forth at a time satisfactory to the CITY,
fiver, that the OWNER shall not be required to complete said improvements before
,ithin such further period of time as is hereafter specified by the CITY, or such
d of time which may have been specified by the CITY:
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
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.
nprovements shall be made without cost or expense to the CITY. The CITY
the cost of construction of said improvements at the time of the signing of this
12566.85 (Exhibit "B"). The OWNER hereby acknowledges that said cost is a
timate of construction costs at this time and that the actual cost of said
at some time in the future may exceed this estimate; and the OWNER hereby
/her obligation under this Agreement extends to the actual cost of construction of
ants, notwithstanding it may exceed such estimate.
That for the faithful performance of the promises and covenants herein contained
iereby grants to the CITY a lien upon the property herein described, and in the event
his/her successors, heirs, assigns, or transferees fail to install and construct said
in the manner and within the time specified herein, he/she agrees that the CITY
he following:
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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4044
b)
C)
d)
4)
promises anc
beneficiaries
the future be
transferees, a
inferior and s
The lien herel
property here
such first mor
5)
successors,
surety satis
amount of s
at the time
agrees to re
the Agreerr
successors,
so released
Direct the City Engineer to estimate the cost of the work required to complete said
improvements and foreclose said lien in said amount.
Foreclose said lien as a mortgage.
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.
That it is agreed that anything herein contained to the contrary notwithstanding, the
covenants made herein shall not be binding upon the holders, mortgagees, or
if any purchase money mortgage or trust deed, for value which has been or may in
executed by the OWNER, his/her heirs, successors, representatives, assigns, or
id the lien hereby created shall be and is hereby subordinated to and declared to be
ibsequent in lien to the lien of any such purchase money mortgage or trust deed.
iy created shall likewise be of no force or effect against any owner whose title to the
n described is acquired by or as a result of a foreclosure or trustee's sale of any
aaae or first trust deed.
That at any time during the period herein provided, the OWNER, his/her heirs,
Bpresentatives, assigns, or transferees, may place a cash deposit or post a form of
ctory to the CITY to charge said surety with the cost of said improvements, the
:urity to be the estimated cost of improvements, as ascertained by the City Engineer
the request, and that upon deposit of said cash or posting of said surety the CITY
ase the property, or any portion of it under single ownership, from the provisions of
it, and to execute any necessary release to enable the OWNER, his/her heirs,
;presentatives, assigns, or his/her transferees to clear the record title of the property
the lien herein imposed.
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0
4045
6) A
with CITY
e OWNER will cause to be constructed, in accordance
andards, at his sole cost and expense, the following
. Oxford Ave.
1 Curb and gutters, 28.51 lineal feet. Face of curb
to be located 18.0 feet from the centerline.
2 Sidewalk, 28.5 lineal feet, 5.0 feet wide.
3 0 driveway(s), 0.0 feet wide.
4 Roadways, a 4' wide strip 28.51' long.
(min. 4" ac on V AB pavement section.)
5 Drainage: as required.
Other:
a) Clearing and grubbing, as required.
b) Relocate power pole(s). per seperate covenant.
c) Demo retaining wall 28.51 feet.
d)
4046
61 B he OWNER will cause to be constructed, in accordance
with CITY tandards, at his sole cost and expense, the following
improvemen s: Stafford Ave.
Curb and gutters, 122.79 lineal feet. Face of curb
to be located 18.0 feet from the centerline.
Sidewalk, 122.791ineal feet, 5.0 feet wide.
0.0 driveway(s), 0'0 feet wide.
Roadways, 15' wide strip 122.79' long.
(min. 4"AC on 6" AB pavement section.)
Drainage: as required.
Other:
a) Clearing and grubbing, as required.
b) Relocate power pole(s).
c) Undergrounding of overhead utilities per seperate
covenant.
d) Shoulder graded to ultimate right of way. (40 CY)
OWN Sha i
i
~ e
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
OF
Alan D.
Director
Engineering services
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CALIFORNIA A'
State of e e
County of 5
•
On
personally apl
ACKNOWLEDGMENT
❑ personally own to me - OR -A pw'led to me on the basis of sat' ory evidence to be the person(s)
whose name(s) bscribed to the instrument
and acloww'edgeUp me that he/she*~ecuted the
same m en ievuthorized capaciy(ies), and that by
hisfie e'r gnature(s) on the instrument the person(s),
OFFlCIAL SEAL or the entity upon behalf of which the person(s) acted,
` RANDA G. MILLIOUR
40TARY PURL CAI lcnaur.i executed the instrument
WITNESS my hand and official seal.
a Nohry
Thorgh NM h/om
Description
Title or Type of
Document Datr
Signer(s) Othei
Capacity(let
Signer's Name
❑ Individual
❑ Corporate C
Title(s): _
❑ Partner - C
❑ Atlomey-in-I
❑ Trustee
❑ Guardian or
❑ Other.
Signer Is
Signer's Name:
4047
before me. 7YtsX) a . ~1I-Xkzale .,61W2 rVal
Non and Tie d OAkw le.s. -Jr Oft No" Pebkj
Gd2[Lt!. .`~,f1278iU.U~ I. _S~iC1/i J
OPTIONAL
below is not raq AVd by laa; R mar Pm919 Mtmbb b Persom /eyig on ft doaTmmd and =N p,iv&V
hau kd" rwmnW and reaUdwww of M form to anew dnawrwnt
Attached Document
Than Named Above:
Claimed by Signer(s)
Limited ❑ General
Top d Ihu b here
❑
13
11
❑
Number of Pages:
Individual
Corporate Officer
Tide(s):
Partner - ❑ Limited ❑ General
Attomey-in-Fad
Trustee
Guardian or Conservator
Other.
Signer Is Representing:
Top of ftmb here
0 1994 Nabonal Norary Anoda0on • B#W Remmel Aw., PO. Boa 7184 • Canoga Park. CA 913094184 Prod. No. 5907 T Reoroer CA Tdl-Fne 1-000-876-6027
The
EXHIBIT "A"
4048
Lots 3 anc
County of
No. 1547,
County on
of Lot 38
County of
No. 1334,
County ont
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referenced by this agreement is described as follows:
4 in Block 109 of Cardiff Vista, in the City of Encinitas,
San Diego, State of California, according to Map thereof
filed in the Office of the County Recorder of San Diego
March 18, 1913, togather with the Northwesterly 4.00 feet
in Block 47 of Cardiff "A", in the City of Encinitas,
San Diego, State of California, according to Map thereof
filed in the office of the County Recorder of San Diego
ay 12, 1911.
EXHIBIT "B"
ESTIMATE OF QUANTITIES AND COST
Quantities
CITY OF ENCINITAS
Area: Encinitas Road: Oxford Ave./ Stafford Ave..
Date 2/11/99 Estimate by G.A.C. Date 2111/99
4049
No.
Qua
tity
Unit
Item
Unit Price
Amount
1.
1955
.89
s.f.
A.C. Paving (4"A.C. on 6"A.B. min. section)
2.05
$4009.55
2.
151.
0
l.f.
Pcc Curb & Gutter (SDRSD G-2)
13.75
$2080.35
3.
756.
s.f.
Pcc Sidewalk (SDRSD G-7)
3.65
$2759.40
4.
0.0
s.f.
Pcc Driveway Appron (SDRSD G-14)
3.95
$0.0
5.
1
I.s.
Pcc Pedestrian Ramps (SDRSD G-27, G-31)
1050.00
$1050.00
7
0.0
s.f.
Alley Paving (4"A.C. on 6"A.B. min. section)
2.05
$0.00
8.
40.0
c.y.
Right of way Graded to Ultimate Width
8.60
$344.00
9.
28.5
U
Demo Existing Retaining Wall
5.00
$142.55
Engineering Design ( 10% of const. cost)
$1038.60
10% Contingency
$1142.40
Total
$12566.85
This is an E
engineering
TE ONLY. Quantities, units and sizes may be modified and are subject to the approval of the final
by the CITY ENGINEER.
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