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2000-399870Recording Requested By: City of Encini as When Recorded Mail To: City Clerk City of Encini as 505 South V Ican Avenue 9-~5-rA cf DV Kc ' I~ Assessor s P No. 260-36 This • 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; bp3753a • 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. bp3753a 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. bp3753a 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 bp3753a 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 bp3753a 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. bp3753a