1998-643647
. 1299 DOC 81998-0643647
. OCT 06, 1998 3:23 PM
Recording Requested By: ) !fFICIAL RECŒDS
city of Encinitas ) SIVi DIEm CMTY REwm'S OFFICE
When Recorded Mail To: ) ~ J. SMITH, CIlMY RECORDER
City Clerk ) FEES: 29.00
city of Encinitas ) IIII~II~IIIIIIII~II~IIII~ II ~I~ IIII~ III~ 111111
(4 505 South VUlcan Avenue )
Encinitas. CA 92024 }
&f 1998.0643847
AGREEMENT FOR IMPROVEMENTS
eoll IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Assessor's Parcel Project No.:5362-G
No. 254-180-76
~
This AGREEMENT executed this L ~ day of ~-r-. ,
1991(, by and between. WavneWaaner and Marv Waaner. h sband and
, wife as ioint tenants
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 sin9le
family residence
WHEREAS, the property is adjacent 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 by Municipal Code. Ch.23.36 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 October 1. 2001 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 esLimates that the cost of construction of said
improvements at the time of the signing of this Agreement is
$:9.280. (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 succßssors, 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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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
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
OJfflER, his/her heirs, succ.essors, representatiyes, 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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. 1302 .
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) I driveway(s), ~ feet wide.
4) Roadways,
5) Drainage: as required.
6) Other:
a) Clearing and grubbing, as required.
b) Relocate power pole(s).
c)
d)
Signature of owners
Attach the appropriate
~~
Alan D. Archibald
Director of Engineering Services
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ALL-PURPOSE ACKNOWLEDGMENT -CALIFORNIA ONLY
State of California
County of ~ Dt ~ 0
On ~. %' I qq r: before me, lJatLla..-\ J~ Í7 ö , Notary Public,
DATI!
personally appeared -MA. y ~nlf -
NAMES(S) OF SIGNER(S)
0 personally known to me - OR - 'f$.. proved to me on the basis of satisfactory evidence
to be the person()i) whose name()O is/~ subscribed
to the within instrument and acknowledged to me
that ~/she/d~y executed the same in !I1$/her/th'\l!r
authorized capacity(i)i), and that by hi$/her/thþlr
signature(~ on the instrument the person~), or the
entity upon behalf of which the person~) acted,
(SEAL) executed the instrument.
PAULAJ, ESPINO I
COMM. 1110153 ~
NOTARY PUBLIC. CALIFORNIA "II
SAN DIEGO COUNTY -
My Comm, Expires Sept. 2. 2000
Description of Attached Document (OPTIONAL)
Titl, m Typ, ofDoo=r ~r~ -ft>r ~J'¡;' ~ PJ;i. it. ~' h+
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Document Date: £1/ f). 5 q Number of Pages: ~
Signer(s) Other Than Named Above:- ~1Uf fit. ~ () u--- .-.
Capacity(ies) Claimed by Signer(s)
Signer's Name: fv\A !:Y W~hW Signer's Name:
~ividual 0 Individual
Corporate Officer 0 Corporate Officer
Title(s): Title(s):
0 Partner 0 Limited 0 General 0 Partner 0 Limited 0 General
0 Attorney-In-Fact "" OHHU'" HEIΠ0 Attorney-In-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator 0 Guardian or Conservator
0 Other: 0 Other:
Signer is Representing: Signer is Representing:
NP 014 (6/97) REV,
. CÁt.lFORNIA ALL.PURPO
State of ...cat.~C'", ilL b
County of 50...... '\J;~ 0
I On Ser+p",1o.>v 2 ~ Wt 8' before me, I?,.,bed f. PoLl ¡'of J.. ,();¡ø.~ R.bf..c, I
0".. Nameand_ofOllie""o,.,,"J Dce.NoWy He')
r LJa~ "p Ua ::)"'",...
personally appeared Nome(s) of -_.)
0 personally known to me
e¡5í'oved to me on the basis of satisfactory evidence ~
to be the person~ whose name~re SUbS~ to the ~
I
within instrument an~OWledged to me tha helthey
executed th~e i I er/their authorized capacity~, I
and that by i er/their signature~ on the instrument the
person~ or the entity upon behalf of which the person~ I
acted, executed the instrument.
WITNESS my hand and official seal. I
~k:1(?~
Sig,""'oel_"p",. ~
OPTIONAL I
Though the informaUon balow is not raqulrad by law, it may prove valuabla to parsons ralying on the document and could pravent
fraudulent ramoval and raattachmant of /his form to anothe, document,
~ Description of Attached Document
~ Title or Type of Document: Lie... LOft -I-('C< c. ¡
I Document Date: ~ !2!Jerp Number of Pages: <Ç ~
Signer(s) Other Than Named Above; (YIa.r'! UQ3i1P/,
, i
Capacity(ies) Claimed by Signer(s)
Signer's Name: Wo<'<r-,p U~V\".- I
, I
~. 0 ividual
,I
0 Corporate Officer 0 Co rate Officer ~
Title(s): Title(s, ~
0 Partner - 0 Limited 0 General 0 Partner 0 General
0 Attorney-In-Fact 0 Attomey-in-
0 Trustee 0 Trustee
0 Guardian or Conservator 0 Guardian or Conse
0 Other: Top of thumb here 0 Other:
Signer Is Representing:
I
",... N"""'~ NoWy Aaode""""30 "emma! Ave" p,o, Be, 7'84' ea- Puk. CA "'09-7184 P""" No, 5907 _.C~ITofl-F""-800-87.""7
. . .
1305
EXHIBIT "A"
The property referenced by this agreement is described as follows:
That portion of the Southerly 330,00 feet of the Southwest Quarter of the Northwest Quarter
of Section 3, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of
Encinitas, County of San Diego, State of CaliforlÙa, according to Official Plat thereof;
described as follows:
Commencing at the Southeast corner of the 'Southwest Quarter of the Northwest Quarter of
said Section 3; thence along the Southerly line of the Northwest Quarter of said Section 3,
North 89 Degrees 49 Minutes 30 Seconds West, 260,00 feet; thence North 23 Degrees 21
Minutes 30 Seconds West, 96,60 feet; thence North 03 Degrees 55 Minutes 10 Seconds East,
127.17 feet; thence North 69 Degrees 23 Minutes 11 Seconds West, 108.05 feet to the True
Point of Beginning; thence retracing South 69 Degrees 23 Minutes 11 Seconds East, 108.05
feet; thence North 03 Degrees 55 Minutes 10 Seconds East, 114,38 feet to the Northerly line
of the Southerly 330.00 feet of the Southwest Quarter of the Northwest Quarter of said
Section 3; thence along said Northerly line, North 89 Degrees 49 Minutes 30 Seconds West,
258.08 feet (Deed - 238,31 feet) to the most Westerly corner of land described in Deed to
LaurenceU Cork, et ux; recorded June IS, 1959 in Book 7715, Page 381 of Official Records;
thence along the Southwesterly line of said Cork's land, South 23 Degrees 11 Minutes 53
Seconds East, (record -South 23 Degrees 10 Minutes 20 Seconds East) 100,00 feet to a line
which bears South 82 Degrees 11 Minutes 2l Seconds West from the True Point of Beginning;
th Nòrth 82 Degrees l1Minutes23 Seconds East, 110,77 feet to the True Point of Beginning,
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:: ~ EXHIBIT "B" 1306 .
. Civil Engineering
. Land Planning
. Structural
. Surveying
September 16, 1998
CONSTRUCTION ESTIMATE FOR LIEN CONTRACT
THE WAGNER RESIDENCE - 1310 SAXONY ROAD
A.P.N. 254-180-76 - DRAWING NO. 5362-G
UNIT
ITEM OUANTITY PRICE COST
EXPORT 420 C.Y. 7.90 3,318
A,C. PAVEMENT 800 S.F. 2.45 1,960
P.C.C, CURB/GUTTER 100 L.F. 12.60 1,260
P,C,C, SIDEWALK 500 S.F. 3.00 1,500
REMOVE PORTION OF
RETAINING WALL/MISC, L.S. 400.00 400
SUBTOTAL $8,438
+ 10% CONTINGENCIES $842
TOTAL $9,280
"
This i an estimate only. Quantities. units and sizes may
be modi 'ed and are subject to the approval of the final
engineering plans by the City Engineer.
132 N, EI Camino Real, Suite N . Encinitas, CA 92024
Fax 1 Phone 760-942-8474