1994-286760
r/ .. ,'" . ~ " 1994-0286760
.' . 602
Recordi~~ested By: ) 29-APR-1994 10=44 AM
) OFFICIAL RECOROS
When Record Mail To: ) SAN OIEGO COUNTY RECOROER'S OFFICE
City Engineer ) GREGORY SMITH, COUNTY RECOROER
City of Encinitas ) RF: 10.00 FEES: 26.00
505 South Vulcan Avenue ) AF: 15.00
Encinitas. CA 92024 ) MF: 1.00
AGREEMENT FOR IMPROVEMENTS
(LIEN CONTRACT)
Assessor's Parcel Project No.: 92-017V
No. 261-142-16
This AGREEMENT executed this ,~ k day of 4-r,~1 ,
199jL, by and between ROBERT F. TRIEBEL and YVONNE S. TRTF.BF.L
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 nAil ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
WHEREAS, the OWNER is currently proposing an ann;r;nn rn ~~
existinq duplex with a variance to constrnC'.t ;nrn rhp rp~r y~rn
"prh""k
.
WHEREAS, the property is adjacent to an incomplete street, and
WHEREAS, the project will generate more impervious surface and
the OWNER has agreed to provide the right-of-way and/or
improvements, and
WHEREAS, 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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. . 603
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.
2) The OWNER, in lieu of making the improvements specified
herein, and required by Resolution No. C 92-21 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, proyided, however, that
the OWNER shall not be required to complete said improvements
before Apr;l 1. 1995 or within such further period of time as
is hèreafter 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
$ 6.240.00 (Exhibit "B"). The OWNER hereby acknowledges that
said cost is a reasonable estimate of construction costs at this
tim~ and the OWNER hereby agrees that his/het obligation under
this Agreement extends to only the estimated cost amount of
construction of said improvements. (Revised 4/12/94/ w.J~
.f.
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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,',,' . .
604
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.
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
ti tle 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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: ,:1" . .
605
6) The OWNER will cause to be constructed, in accordance
with CITY standards, at his/her cost and expense, the following
improvements: Drainage inlet and 18" diameter drainage pipe.
Signature of owners
Attach the appropriate
Murray
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. C~LlFORN1A ALL.PURPosAcKNOWLEDGMENT . 606
No 5907
State of êa¿¿jûf, Ii L~
f/
County of '~n ;)¡fl3u
On Off-Jill 13. n14 before me, )(IIND/f r;,; . /£I/¿ !.~;]?J()/c.° ¡(hi-1ft"'! RJ,;j/ç
I DATi NAME, TITLEOFOFFICER. EG., "JANE DOE, NOTARY PUBLIC'
personally appeared l}jl:1?Af ¡:: r !/béJ/7/7P- j &;¡¿/3E L
NAMEIS) OF SIGNERIS)
&personally known to me . OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
" OFFICIAL SEAL capacity(ies), and that by his/her/their
, Randa G, Mil~r signature(s) on the instrument the person(s),
" , NOTARY PUBlIC,CALI 14
PRINCIPAL OFFICE IN or the entity upon behalf of which the
SAN DIEGO COUNTY
My CommISsIOn Expores Jan. 6. 1995 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(.'q,¿(,C
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
Iraudulent reattachment 01 this form,
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLEIS)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-iN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTITYIIES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARV ASSOCIATION' B236 Remmel Ave" P,O. Box 7184' Cenoge Perk, CA 913D9-71B4
.. . . 607
ATTACHMENT "A"
The land referred to herein is situated in the state of California,
County of San Diego and is described as follows:
PARCEL 1:
THE NORTHEASTERLY ONE-HALF OF LOTS 4 THROUGH 9 INCLUSIVE, IN BLOCK
4 OF CARDIFF, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO, NOVEMBER 14, 1910.
TOGETHER WITH THAT PORTION OF THE SOUTHWESTERLY HALF OF NEWCASTLE
AVENUE ADJOINING SAID PROPERTY ON THE NORTHEAST AS VACATED AND
CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS ON
SEPTEMBER 21, 1977, A COpy OF WHICH SAID ORDER RECORDED SEPTEMBER
26, 1977 AS FILE NO. 393401.
EXCEPTING FROM THE ABOVE PROPERTY THE NORTHWESTERLY 8' THEREOF.
ALSO EXCEPTING LOTS 7, 8, AND 9 THAT PORTION LYING SOUTHEASTERLY OF
THE NORTHWESTERLY LINE OF THE 40 FOOT ROAD AS SHOWN ON PLAT OF ROAD
SURVEY NO. 1132 AS FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF
SAN DIEGO COUNTY, THE CENTER LINE OF SAID 40 FOOT ROAD BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF LOT 8, IN SAID
BLOCK 4, DISTANT THEREON NORTH 31° 12' WEST (RECORD NORTH 31' 10'
WEST) 55.66 FEET FROM THE MOST EASTERLY CORNER OF LOT 10 IN SAID
BLOCK 4; SOUTH 22° 42' WEST 29.49 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 200 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE
SOUTHWESTERLY LINE OF LOT 10 IN SAID BLOCK 4;
PARCEL 2:
AN EASEMENT OF 3 FEET ON THE WESTERLY LINE OF THE NORTHEASTERLY
ONE-HALF OF LOTS 1, 2, 3 AND THE NORTHEASTERLY 8.00 FEET OF THE
NORTHEASTERLY ONE-HALF ON LOT 4, CARDIFF, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 14, 1910, SAID EASEMENT BEING FOR THE PURPOSES OF A WATER
LINE.
AN EASEMENT FOR INGRESS AND EGRESS FOR DRIVEWAY PURPOSES OVER
EXISTING DRIVEWAY, BEING 13.00 FEET IN WIDTH LOCATED WITHIN A
PORTION OF THE NORTHEASTERLY ONE-HALF OF LOTS 1,2 AND 3 DESCRIBED
AS FOLLOWS:
THE NORTHEASTERLY ONE-HALF OF LOTS 1, 2, AND 3 AND THE
NORTHWESTERLY 8.00 FEET OF THE NORTHEASTERLY ONE-HALF OF LOT 4 IN
.' . . 608
BLOCK 4 OF CARDIFF, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 14, 1910,
TOGETHER WITH THE SOUTHWESTERLY HALF OF THAT PORTION OF NEWCASTLE
AVENUE, ADJOINING SAID LOTS 1, 2, 3 AND PORTION OF 4 ON THE
NORTHEAST, AND TOGETHER WITH THE NORTHEASTERLY HALF OF THAT PORTION
OF NEWCASTLE AVENUE, ADJOINING LOTS 45, 46, 47 AND 48 ON THE
SOUTHWESTERLY LINE IN BLOCK 3 OF CARDIFF, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 14, 1919, AS VACATED AND CLOSED TO PUBLIC USE BY ORDER OF
THE BOARD OF SUPERVISORS ON SEPTEMBER 21, 1977, A COpy OF WHICH
SAID ORDER RECORDED SEPTEMBER 26, 1977 AS FILE NO. 77-393401.
EXCEPTING FROM THE NORTHEASTERLY HALF OF LOTS 1, 2, 3 AND OF THE
NORTHWESTERLY 1.75 FEET OF THE NORTHEASTERLY HALF OF SAID LOT 4,
THE SOUTHWESTERLY 3.00 FEET, THEREOF.
SAID EASEMENT IS FOR THE BENEFIT AND USE OF PARCEL 1 HEREIN ABOVE
DESCRIBED AND SHALL TERMINATE WHEN DEED OF TRUST IS FULLY
RECONVEYED.
. .', . .
I . ...., ..--,
.' EXHIBIT "B"
CITY OF ENCINITAS 609
ESTIMATE OF QUANTITIES AND COST
Ref...nce City Std. OwgS. Area Items as noted Road San E1ijo Ave
auantities by Hans Jensen Cate 4/12/94 e"imate By Hans Jensen Cate 4/12/94
No. auantity Unit Item Unit Price Amount
0-1 1 1 Inlet. Type "A", per city std. dwg. $3.600. $3.600.
.
Qrp 44 I in 1'+ . t¡;n lR" Qrp, cnnc, rlr"in"n~ nin~ ~fin. 1~2.fi40.
.
I
I
I
I I
This isan eSTIMATe aNL y, Quantities, units and sizes may be modified and are subject to theappraval of TOTAL $6.240.
the linal englneenng plans by the Ci ty Eng ineer .
Remarks: per adjusted quantities 4/12/94.
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