1999-451051
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. , . , 1999-0451051
. DOC
3942 JUN 29, 1999 9:49 AM
Recording Requested By: ) IJfICIfl REcœœ
City of Encinitas )
When Recorded Mail To: ) SAN DIEOO CWHy REroID'S IJfICE
City Clerk ) cmm J. ~ITH, CIlMV REroID
city of Encinitas ) FEES: 0.00
~ 505 South VUlcan Avenue ) 11""111 ""I "'" "" """ ""III ~I/I ,,~ ,,1/, I"~"~ ""
Encinitas. CA 92024 }
For the benefit of the City
1999-0451051
"IF AGREEMENT FOR IMPROVEMEN'tS
I (!Jj)'\¡ IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Assessor's Parcel Project No.: 5963-G
No. 265-023-60
This AGREEMENT executed this 7th day of June ,
199~, by and between Terry and Kelly Sullivan
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 proposing a single family
residence
WHEREAS, the property is adj acent 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 Encinitas code, and
WHEREAS, pursuant to Title 24 of the city of Encinitas code,
the city Engineer 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 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 byChapter 23.36, Municipal Code. 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 June 7 2000 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
$ 3,097.71 (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
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3944
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 p~yable by said OWNER,
his/her successors, heirs, ass~gns 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.
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.
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6) The OWNER will cause to be constructed, in accordance
with CITY standards, at his sole cost and expense, the following
improvements:
1) Curb and gutters, ~ lineal feet. Face of curb
to be located ~ feet from the centerline.
2) sidewalk, ------ lineal feet, ------ feet wide.
3) 1 driveway(s), ~ feet wide.
4) Roadways, AC Pavinq
5) Drainage: as required.
6) Other:
a) Clearing and grubbing, as required.
b) Relocate power pole(s).
c)
d)
;¡~~
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
r!N.tfI!2.~
Director of Engineering Services
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State of ~rr~, RIGHT THUMBPRINT (Dp_ol)
County of ~A.-£v .QLP-g-o ,()() / D
~ fff7 1?, PO ß I
On'-./u~ 7J before me. ~ '.fI1J{)Jj 6, H/LQ1JUR
IOATEI INAMElTITlE OF OFFICER-ò.o.'JANE OOE. NOTARY PUBLIC"
personally appeared KE <-"- If R. Q()i.. ¿I viYJ
"'AM"" OF SlGNERISIl
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAlIS)
OCDRPORATE
0 personally known to me -O~ groved to me on the DFFICER(S,
mtWI
as is of satisfactory OPARTNER(S, OllMITED
evidence to be the OGENERAL
~(S) whose name(s) OATTORNEY IN FACT
r IS e subscribed to the OTRUSTEElS)
~ 0""",'" 1 within In"',ment ond OGUARDIAN/CDNSERVATOR
- RANDA G. MILLJOUR ac . edged to me that ODTHER,
~ NOTARY PUBlIC.CALIFORNIA~ h='ey ex~ the
. fr"r~E~g'd~~W - same. in hi !.!W:,heir
MYCOMM.EXP.JAN.6 2003 authorized cal?mes!. SIGNER IS REPRESENTING,
, and that bX hi e heir INo... of Po...,nll, 0< Entltyl",)
signature(s 0 e
instrumentthe person(s).
or the entity upon behalf
of which the person(s)
acted. executed the RIGHT THUMBPRINT (Dp""""
instrument,
Witness my hand and official seal. D
(SEALI ~~~~:-
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUALISJ
OCORPORATE
ATTENTION NOTARY
DFFICERIS,
The information requested below and in the column to the right is OPTIONAL 'mwil
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any O'ARTNERISI OLlMITED
unauthorized .document. OGENERAL
OATTORNEY IN FACT
THIS CERTIFICATE TrtIo Of Ty.. of Document OTRUSTEElS,
MUST BE ATTACHED OGUARDIAN/CDNSERVATOR
TO THE DDClJMENT Numbl,ofPogol- Dot. of Document OOTHER,
DESCRIBED AT RIGHT,
S"n..II' Othet Thon Nomed Abovo
SIGNER IS REPRESENTING,
INom. 01 Po"onll) 0< En'~YI;.')
WOLCOTTS FORM B324G ..... 3-04 ",,08 ,,- B.2AI g"oo. WOLCOTTS FORMS. 'NC.
AlL puRPOSe ACKNOWLEOGMENT WITH SIGNER CAPACITYJREPRESENTATIONfTWO "NGERPRINTS
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3947
State of t1a-rx-LL~ RIGHT THUMBPRINT 10pt;...1I
County of ::J OJ~ LJ
~ A:Jáït},e'1
On hlJ l!:! before me.~~~ff~~~~~~'NO~~~~ !
~ ~
personally appeared Æ.£¡e/(( ..:5O~LI V/M)
INAM"SI OF SIGNER""
CAPACITY CLAIMED BY SIGNER(S)
OINDIVIDUALISI
OCORPORATE
0 personally known to me -OR-)é/ proved to me on the OFFICERIS) mtWI
basis of satisfactory OPARTNERIS) OLlMITED
evidence to be the OGENERAL
pe,c¡;on(s) whose name(s) OATTGRNEY IN FACT
(!gate subscribed to the OTRUSTEElS)
" 1 within instrument and OGUARDIAN/CONSERVATOR
OFFICIAL SEAL ~Owledged to me that OOTHER:
RANDA G. MILLJOUR '"
NOTARY PUBLlC-CALIFORNIA! ì e he/t~ey e ted th~
COMM, NO, 1204250 - same. In Is/. r/~helr
SAN DIEGO COUNTY J authorized c Ityhes). SIGNER IS REPRESENTING:
MYCOMM,EXP.JAN.6,2003 and that b I r/their IN..... 0' Po..o.I.1 0' Entity(Io.1
signature(s the
instrumentthe person(s).
or the entity upon behalf
of which the person(s)
acted. executed the
instrument, RIGHT THUMBPRINT 10pt;..")
Witness my hand and official seal. D~
~ -, ~
(SEAl) ~
ISla T~ .
CAPACITY CLAIMED BY SIGNERIS)
OINOIVIDUALISI
OCORPORATE
ATTENTION NOTARY
OFFICERISI
The information requested below and in the column to the right is OPTIONAL. ITItUSI
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any OPARTNERISI OLlMITED
unauthorized document. OGENERAL
OATTORNEY IN FACT
THIS CERTIFICATE r... .. Typo of Document OTRUSTEEIS)
MUST BE ATTACHED OGUARDIAN/CONSERVATOR
TO THE DOCUMENT Numb., of p.... - Dot. of Document OOTHER:
DESCRIBED AT RIGHT:
Signori.' Otho. Th... N.med Above
SIGNER IS REPRESENTING:
IN.m. of ""..onl.1 0' Entkyl",)
I
WOLCOTTS FORM .'2'0 R.o. ,.., I"", el... '.2AI <1:>,... WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDOMENT WITH SIGNER CAPACITYIREPRESENTATIONfTWO FONOERPRINTS
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EXHIBIT "A" 3948
The property referenced by this agreement is described as follows:
The land referred to herein is situated in the state of California, county of San Diego, City
ofEncinitas, as described as follows:
Parcel 'B' of Certificate of Compliance, City of Encinitas Case No. 98-042 BA, recorded
as Document No. 1998-0185792, filed in the office of the County Recorder of San Diego
County, April 2, 1998, particulars described as follows:
Parcel 'B', being Lot 12 together with the south half of lot 13 in Block 31 of the
resubdivision of Block 31, 36, and 42 of Colony Olivenhain, in the City of Encinitas,
County of San Diego, State of California, according to Map No. 287, filed in the office of
the County Recorder of San Diego County, August 21,1885.
Together with the northwesterly half of that portion of the alley in said Block 31, vacated
and closed to public use by order of the Board of Supervisors recorded April 16, 1974 as
File No. 74-095662 of Official Records, adjoining said Lots, 12 and 13 on the southeast.
, . EXHIBIT "Bn .
Preliminary Cost Estimate for Bonding Purposes 3949
Future RIW Improvements on Rancho Santa Fe Road fronting Sullivan Residence (Parcel B of Adjustment Plat for Lots 12 13 of Blk. 31, Map No. 287, AP.N. 265-023-60)
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.
FUTURE PUBLIC IMPROVEMENTS
UNIT
ITEM: QUANTITY: PRICE: TOTAL:
AC PAVEMENT 340 SF $ 3.85 $1,309
CURB & GUTTER (TYPE G) 46 LF $ 13.75 $633
SAWCUT EX. AC PVMT 46 LF $ 3.00 $138
REMOVE EX. AC BERM 26 LF $ 1.50 $39
EARTHWORK 26 C.Y.(FILL) $ 8.60 $224
DRIVEWAY APRON 120 SF $ 3.95 $474
SUB-TOTAL GRADING................................. $2,816
SUB-TOTAL.",..".,..",.",...""."..",..",.",..,. $2,816
CONTINGENCY (10%)..........,.....,..,.....,.......... $281,61
TOTAL.......,....,.....,..,.....,.....,..,.....,..,.....,..., $3,097.71
0
/I~ 1¿¡./1~
E.O.R. Signature
Prepared by:
Landmark Consulting
Prepared for: 3914 Murphy Canyon Rd., Ste. 105
San Diego, CA 92123
Terry & Kelly Sullivan 619.560.6556
720 Snapdragon J.N.: 0999-13 Date: 17APR98
Cardiff, CA 92007 Prepared by: MAB
Sullivan1 Page 1