1999-193772
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5102"
DOC' 1999-0193772
Recordinq Requested By:
City of Encinitas
When Recorded Mail To:
City Clerk
" city of Encinitas
505 South Vulcan Avenue
Encinitas. CA 92024
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MAR 25,
1999 11.=35 AM
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
OFFICIAl RECORDS
SAN DIEGO CIlINTY RECORDER'S OFFICE
GREGœY J. SMITH. auNTY RECORDER
FEES: 0.00
IIIII~ ~~ ~II III~ ~~ 11111 ~~II ~III
1seø'()111377~
Assessor's Parcel
No. 256-236-15-00
Project No.: EN 98-2052"
This AGREEMENT executed this 26th day of January
1991-, by and between Robert H. Sw1tzler and Cindy D. Sw1tz1er
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 pro~osinq
Property 1mprovements regarding adait10n to and
of a single family dwelling.
construction
WHEREAS, the property is adjacent to an incomplete street, and
WHEREAS, the improvement willqenerate more traffic and the
OWNER has aqreed to provide the riqht-of-way and/or improvements in
acco~dance with Title 24 o~ the City of Encinitas code, and
WHEREAS, pursuant to Title 24 of the City of Encinitas code,
the city Enqineer 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 aqreement to
construct said improvements in the future and to qrant a lien to
the CITY upon said property to secure the cost of construction of
said future improvements, and
WHEREAS, the OWNER is aqreeable to. the execution of such an
aqreement¡
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NOW THEREFORE, IT IS AGREED by and between the parties hereto
as follows: .
1) The CITY aqrees to accept the dedications, if any, and
. upon the completion of the improvements required herein to the
satisfaction of the city Enqineer, aqrees to dedicate said
improvements to the public and for public streets.
2) The OWNER, in lieu of makinq the improvements specified
herein, and required by City Ordinance aqrees,
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 1 year. 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
proceedinqs over an area between intersectinq streets on
both sides of the street upon which the property herein
described has frontaqe¡ or
b)
When owners of more than 60% of the frontaqe, between
intersectinq 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 signinq of this Agreement is
$ 2448.60 (Exhibit liB"). The OWNER hereby acknowledqes 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 aqrees
that his/her obliqation under this Aqreement extends to the actual
cost of construction of said improvements, notwithstandinq it may
exceed such estimate.
3) That for the faithful performance of the promises and
covenants herein contained the OWNER hereby qrants to the CITY a
lien upon the property herein described, and in the event the
OWNER, his/her successors, heirs, assiqns, or. transferees fail to
install and construct said improvements in the manner and within
the time specified herein, he/she aqrees that the CITY may do all
of the followinq:
a)
Install and construct said improvements by contract or
otherwise, and qrant permission to the CITY or its
contractor and his/her employees to enter upon any
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5104
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b)
portion or portions of the property reasonably necessary
for said construction, and the entire cost and expense of
said improvements shall be charged aqainst said property.
Said cost and expense shall be payable by said OWNER,
his/her successors, heirs, assiqns 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 mortqaqes, and the
OWNER aqrees 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.
Direct the City Enqineer 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.
Pursue any other remedy, legal or equitable by law for
the foreclosure of a lien, and the OWNER, his/her heirs,
successors, assiqns and transferees shall pay reasonable
attorney's fees to be taxed as a cost in said
proceedinqs.
d)
4) That it is aqreed that anythinq herein contained to the
contrary notwithstandinq, the promises and covenants made herein
shall not be.bindinq upon the holders, mortqaqees, or beneficiaries
of any purchase money mortqaqe or trust deed, for value which has
been or may in the future be executed by the OWNER, his/her heirs,
successors, representatives, assiqns, 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 mortgaqe or trust deed. The lien hereby created
shall likewise be of no force or effect aqainst 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 durinq the period herein provided, the
OWNER, hlîii/Öer ":neirs, 'successorsc, '-representat'ives i assiqns, .or
transferees, may place a cash deposit or post a form of surety
satisfactory to the CITY to charqe said surety with the cost of
said improvements, the amount of security to be the estimated cost
of improvements, as ascertained by the city Enqineer at the time of
the request, and that upon deposit of said cash or postinq of said
surety the CITY aqrees to release.the property, or any portion of
it under single ownership, from the provisions of the Aqreement,
and to execute any necessary release to enable the OWNER, his/her
heirs, successors, representatives, assiqns, or his/her transferees
to clear the record title of the property so released of the lien
herein imposed.
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5108
6) The OWNER will cause to be constructed, in accordance
with CITY standards, at his sole cost and expense, the following
improvements:
4)
5)
6)
1)
CUrb and qutters, 54 lineal feet. Face of curb
to be located ~ feet from the centerline.
Sidewalk, ~ lineal feet, ~ feet wide.
2)
3)
1
driveway(s), ~ feet wide.
Roadways,
4' wide paved section alonq property frontage
(min. 4"ac on 6"ab) paved section.
Drainaqe: as required.
Other:
a)
b)
Clearinq and grubbinq, as required.
Relocate power pole(s).
Under grounding 01' utili ties per seperate
~uvcHaHL.
c)
d)
Siqnature of owners
Attach the appropriate
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--------------
(fJ;:J ~~
Alan D. Arc ibald
Director of Enqineerinq Services
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State of %ÓYA...¿d..-
County of 6a-u. WJò
on~/JÒ Jqc¡
ID'ATEI
5106
personally appeared ¡?()¡1Çær if.. c::hr1d.., (!/AJD'1
IN "SIOF..GNERIS"
(CI..JÁLmI69 )0. ::')i..-ù/72t...&e
0 personally known to me -o¡yt1)
OFACIAl SEAL 1
RANDA G. MILLJOUR
NOTARY PUBlIC-CALIFORNIA~
COMM. NO. 1204250 -
SAN DIEGO COUN1Y J
MY COMM. EXP. JAN. 6, 2003
proved to me on the
basis of satisfactory
evidence to be the
æe (s) whose name(s)
are subscribed to the
. In instrument and
aCkno~ to me that
he/she e ecute
same I his/h their
authorized capacit .
and that by his/h eir
signature(s) on t
instrument the person(s).
or the entity upon behalf
of which the person{s)
acted. executed the
instrument.
Witness my hand and official seal.
?~..
ISIGN E OF NOTAR 'ðÓ--V
ISEALI
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Trtleo,TypeolOocument
MUST BE A TTACHEO
TO THE DOCUMENT Numbe, 01 Page. - Date 01 Document
DESCRIBED AT RIGHT;
5"".,1.1 Othe, Then Named Abo,,"
WOLCOTTS FORM 83240 R... 3..4 ,..1" 01- 8-2AI Qt... WOLCOTTS FORMS.INC.
All PURPOSE ACKNOWLEOGMENT WITH "GNER CAPACITYIREPRESENTATIONfTWO FINGERPRINTS
.
RIGHT THUMBPRINT 10ptione"
D
CAPACITY ClAIMED BY SIGNERIS}
OINDIVIDUALlSI
OCORPOAATE
OFFICERISI
"'TWII
OPARTNERISI OllMITED
OGENERAL
OATTORNEV IN FACT
OTRUSTEEISI
OGUARDIAN/CONSERVATOR
OOTHER;
SIGNER IS REPRESENTING:
INa... of "....nl.1 °' Entkyllo'l
RIGHT THUMBPRINT 10ptlone"
~
~
CAPACITY CLAIMED BY SIGNERIS}
OINDIVIDUALlSI
OCORPORATE
OFFICERISI
"'TWII
OPARTNERISI OllMITED
OGENEAAL
OATTORNEV IN FACT
OTRUSTEEISI
OGUARDIAN/CONSERVATOR
OOTHER;
SIGNER IS REPRESENTING:
INa... of ""onl'l °' EntkYllo.1
7 IIII'~~~lIIlW~~~11 118
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5107 .
EXHIBIT
"A"
The property referenced by this aqreement is described as follows:
Lot 3 of Kramer Terrace No.1, Resubdivision No.1, in the
County of San Diego, State of California, according to Map
thereof No. 3822, filed in the Office of the County Recorder
of San Diego County on February 26,1958.
---~-----------------~---_.._------ -~~-------------~--------- -.-------..--
- ----_.._~---------------~_._-
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EXHIBIT "a" .
CITY OF ENCINITAS
5108
ESTIMATE OF QUANTITIES AND COST
RefelOne-
Switzler
Ar_a
Encinitas
Road
Eugenie
CuiOntities by
G.A.C.
Oa.. 2/26/99
=nima,e By
G.A.C.
0- 2/26/99
No. CuantitY I Unit Item Un" Price Amount
1 I 54 ¡If /- PCC Curb and Gutter (SDRSD G-2) . - 10.50 567..()0
2 I 160 I sf I PCC Driveway Appron (SDRSD G-14) I 3.00/480.00
3 I 270 I sf I PCC Sidewalk (SDRSD G-7) I 2.50' 675.00
4 I 280 I sf I AC Pavement Widening (min. 4"AC on 6"~B)1.80 /504.00
5 I I UndergrounQing of Overhead Utilities I I
, / per Seperate Covenant. I I
10% Contingency
/222.60
I
I
I
I
I
I
I
I
I
,
I
I
/
I
I
I
i
I
I
I I I I r
I t t .. --- n- ---.. ----t--------t--- --.. --
j I I I I
, I I I
I I I
I
TOTAL 1$2448.60
Thi. i. an ESTIMATE ONL Y. Cuantities. unitS and sius may be modified and are subject to m- approval at
tll- tinal engineering plan. by the City Engineer.
Remarks: