2000-399868
,f " . ' DOC # 2000-0399868
4030 JUL 28, 2000 9:57 AM
Recording Re uested By: )
City of Encinit s ) OFFICIAL REGœDS
When Record 3d Mail To: ) SAN DIEGO (;()ooTV RECORDER'S OFFICE
City Clerk ) IJREIJœV J. SlmH. a:oov REGœDER
City of Encinit s ) FEES: 26.00
505 South Vu can Avenue ) \ 111111 IIIII 11111 11111 1111 111111 11111 IIIII IIIII IIIII IIIII IIIII IIII 1111
Encinitas CA 92024 )
f% 2000-0399868
Î~ /l!Q 11m AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
\if' r-15-Q> (LIEN CONTRACT)
K'
Assessor's P rcel Project No.: EN 98-1640
No. 260-363 26-00
This!- GREEMENT executed this -1.1!!L day of Januarv, 1999, by and between -
David P. haw and Suzanne L. Shaw
hereinafter c¡ lied the OWNER, and the CITY OF ENCINITAS, a political subdivision of the State
of California, ereinafter called the CITY, is as follows:
WHEF EAS, the OWNER owns property described as:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHEF EAS, the OWNER is currently purposing construction of a new single familv
dwelling.
WHEF EAS, the property is adjacent to an incomplete street, and
WHEF 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
WHEf 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 sai improvements in the future and to grant a lien to the CITY upon said property to
secure the co t of construction of said future improvements, and
WHEI EAS, the OWNER is agreeable to the execution of such an agreement;
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NOW HEREFORE, IT IS AGREED by and between the parties hereto as follows:
The CITY agrees to accept the dedications, if any, and upon the completion of the
required herein to the satisfaction of the City Engineer, agrees to dedicate said
to the public and for public streets.
2) The OWNER, in lieu of making the improvements specified herein, and required by
cit ordinanc agrees, covenants, and promises that he/she will install, construct, or cause to be
installed or c nstructed the improvements herein set forth at a time satisfactory to the CITY,
provided, ho ever, that the OWNER shall not be required to complete said improvements before
~or ithin such further period of time as is hereafter specified by the CITY, or such
extended peri d 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 th the cost of construction of said improvements at the time of the signing of this
Agreement is $ 2515.80 (Exhibit nBn). The OWNER hereby acknowledges that said cost is a
reasonable stimate of construction costs at this time and that the actual cost of said
improvement at some time in the future may exceed this estimate; and the OWNER hereby
agrees that h s/her obligation under this Agreement extends to the actual cost of construction of
said improve ents, notwithstanding it may exceed such estimate.
3) That for the faithful performance of the promises and covenants herein contained
the OWNER ereby 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
improvement in the manner and within the time specified herein, he/she agrees that the CITY
may do all of he 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 an covenants made herein shall not be binding upon the holders, mortgagees, or
beneficiaries f 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, nd the lien hereby created shall be and is hereby subordinated to and declared to be
inferior and s bsequent in lien to the lien of any such purchase money mortgage or trust deed.
The lien here y created shall likewise be of no force or effect against any owner whose title to the
property her in described is acquired by or as a result of a foreclosure or trustee's sale of any
such first mo gage or first trust deed.
5) That at any time during the period herein provided, the OWNER, his/her heirs,
successors, r presentatives, assigns, or transferees, may place a cash deposit or post a form of
surety satisf ctory to the CITY to charge said surety with the cost of said improvements, the
amount of se urity to be the estimated cost of improvements, as ascertained by the City Engineer
at the time 0 the request, and that upon deposit of said cash or posting of said surety the CITY
agrees to rei ase the property, or any portion of it under single ownership, from the provisions of
the Agreeme t, and to execute any necessary release to enable the OWNER, his/her heirs,
successors, r presentatives, assigns, or his/her transferees to clear the record title of the property
so released 0 the lien herein imposed.
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6) T e OWNER will cause to be constructed, in accordance
with CITY s andards, at his sole cost and expense, the following
improvement:
1 CUrb and gutters, ~ lineal feet. Face of curb
to be located ~ feet from the centerline.
:z Sidewalk, ~ lineal feet, ~ feet wide.
3 0 driveway(s),....2..- feet wide.
4 Roadways, a 4' wide strip 46.0' along property frontage.
(min. 4"A.C. on 6"A.B. pavement section)
5 Drainage: as required.
6 Other:
a) Clearing and grubbing, as required.
b) Relocate power pole(s).
c) Demo existing retaining wall 46.0 l.f.
d) Under grounding of utilities per seperate covenant.
o~
~r"'~"" ~ ./dob.J
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
C
Services
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PALIFORNIA A L-PURPOSE ACKNOWLEDGMENT 4034
Stale of
before me~II"J(),4 ßr. J-//~ OJV/Ç tMïJ:net¡ ¡:>V&,tC'
- ... - '" 0IIIcw 10..., . J8no Doo. - PubIi<'I
P. ~ ~ú:zM¡(J E j. rs'lJI¡.¿u
-""'-"
own to me - OR ~ved to me on the basis of =Ory evidence to be the person(s)
whose name(s) bscribed to the within instrument
OFFICIAL SEAL and acknowl~ haI~ecuted the
RANDAG. MILLJOUR sarna i . cap ),andthatby
NOTARY PUBLICCAlIFORNIA~ hislh rl\heir naturø(s) on the Instrument the person(s),
~~~E~g. ¿~~ - or the ' pon behalf of which the person(s) acted,
MY COMM, EXPo JAN. 6, 2003 executed the instrument.
WITNESS my hand and official seal.
~ "
.~~ ~~'#~
OPnoNAL
below is "'" teqU/t8d by law. /I may - - Ii> petSaWlItiyfng COt "'" - and r;ou/d --
- .-.I and -- 0I1IIis fotm '" - doam1ent
Description of Attached Document
11tte or Type of Document:
Document Oat: Number of Pages:
Signer(5) Othe Than Named Above:
Capaclty(1e ) Claimed by Signer(s)
Signer's Name Signer's Name:
0 Individual 0 Individual
0 Corporate fficer 0 Corporate Officer
11IIe(s): 11t1e(5):
0 Partner - Limited 0 General 0 Partner - 0 Limited 0 General
0 AUomey-in- act 0 Attomey-in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator 0 Guardian or Conservator
0 Other. Top oIlhumb hot. 0 Other. Top of ihumb here
Signer Is Repr senting: Signer Is Representing:
0 "" N,"n. N,... AMad,lion' .. "omm" "', po, Bo, 71'" C"". P""" CA "30'-71" P,ad, N,- SO07 "~""" Cd T~I-F,.. 1-800.87"'827
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.,
EXHIBIT "A"
The propert referenced by this agreement is described as follows:
Lots 37 a d 38 in Block 47 of Cardiff "A" in the City of Encinitas,
County of San Diego, State of California, according to Map thereof
No. 1334, filed in the Office of the County Recorder of San Diego
County on May 12, .1911, Excepting therefrom the Northwesterly 4.00
feet of s id Lot 38.
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EXHIBIT "B"
CITY OF ENCINITAS
ESTIMATE OF QUANTITIES AND COST 4036
Reference: EN 98-1640 Area: Encinitas Road: Oxford Ave..
Quantities by GAG. Date 2/11/99 Estimate by GAG. Date 2/11/99
No. Qua tity Unit Item Unit Price Amount
1. 184. s.f. AC. Paving (4"AC. on 6"AB. min, section) 2.05 $377.20
2. 46.0 I.f. Pee Curb & Gutter (SDRSD G-2) 13.75 $632.50
3. 230. s.f. Pce Sidewalk (SDRSD G-7) 3.65 $839.50
4. 0.0 s.t. Pee Driveway Appron (SDRSD G-14) 3.95 $0.0
5. 0 I.s. Pee Pedestrian Ramps (SDRSD G-27, G-31) 1050.00 $0.00
7 0.0 s.f. Alley Paving (4"A.C. on 6"AB. min. section) 2.05 $0.00
8. 0.0 c.y. Right of way Graded to Ultimate Width 8.60 $0,00
I 9. 46.0 Lt Demo Existing Retaining Wall 5.00 $230.00
I
Engineering Design (10% of eonst. cost) $207.90
10% Contingency $228.70
Total $2515.80
This is an ESTI AATE ONLY. Quantities, units and sizes may be modified and are subject to the approval of the final
engineering pia s by the CITY ENGINEER.
Remarks
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