Loading...
1995-534146 1376 uuC # 1995-0534146 27-NOU-1995 09: 4<5 AM Recording Requested By: ) OFFICIAL RECORDS City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFILE When Recorded Mail To: ) GREGORY SMITH \ COUNTY F:ECORDŒ city Clerk ) RF: 11. 00 ,..r~c. 25.)0 rct..;. City of Encinitas ) AF: 13.00 505 South Vulcan AVenue ) MF: 1. 00 Encinitas. CA 92024 ) AGREEMENT FOR IMPROVEMENTS .IN PUB.1~!C RIGwr:'OF-WAY (LIEN CONTRACT) Assessor's Parcel Project No.: TPM 91-070 No. 256-400-48 This AGREEMENT executed this \\ TIt day of }Jt,.J(;cMI~ f- , 199 ~>-, by and between BETTIE C. WOODY, AN UNMARRIED WOMAN, AND BRET C. WOODY, A SINGLE MAN 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 two parcel parcel map 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 !~rFF.!~AS, the O'V)}!J1;l:'. is ¡.~gri(;¡'Õ!""bJ.€( to 't:he exe-~'.'~.:i on '::Jf such an agreement; bp3753a 1377 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 OE92-04 agrees, covenants, and promises that he/she will install, constrJct, Qr 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 ::rPrcV ,)(!)O ~ 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 $ '2.1,0'2..2.. ,4<\ (Exhibit "E'1 ì. The Ow'"NER 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. a:1d grant p.=rmission to the CITY or its contractor and his/her employees to enter upon any bp3753a 1378 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 táxed 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 m~rtgage OL tLuSt daed. 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 t~ clè~r the record title of the property so released of the lien herein imposed. bp3753a 1379 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, 128 lineal feet. Face of curb to be located 25 feet from the centerline. 2) Sidewalk, 128 lineal feet, 5 feet wide. 3) . drive~¡ay(s), - feet wide. 4) Roadways, Cross-gutter, AC paving and overlay, Handicapped ramp 5) Drainage: as required. 6) Other: a) Clearing and grubbing, as required. b) Relocate power pole(s). cj d) OWNER: ~~~h~ Signature of owners to be notarized. Attach the appropriate acknowledgements. If OF tfW lJJ - . A an D. Archibald Director of Engineering Services bp3753a CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 1380 State of C~~ County of ().Afkr>-.1f . On /D- fer, -45" before me, S. \<xÀ4-hl f--Ff) --=S(:,"\:C~ Dale Name and Tille of Offlcel (e.g., "Jane Doe. Nola", Public") personally appeared h....++-ir C.. t..JC\<::-.A~ <=i- Dl"ct- C. W<::'~<à..G' a e(s) of Signel(s) [] personally known to me - OR ~ proved to me on the basis of satisfactory evidence to be the person(s) r- whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by - . - . - . - - - 1 his/her/their signature(s) on the instrument the person(s), S. KATHLEEN JONES , or the entity upon behalf of which the person(s) acted, COMM. M965145 z executed the instrument. NoUlty Publio-CaNfomia Z ORANGE COUNTY ~ - ~~~9XPjresAPA 26,1996 1 WITNESS my hand and official seal. - - - ~ - - s. 'KóJ1)\Q 0 Q ~~~ Signaluce 01 Nola", Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~(~-: /!:;..~~...Jt...c-c'(' -.c~ c~ /Y') p. \ MÚ' ,4<. Å1k t~ Document Date: /0 -/4; -C¡~- Number of Pages: 3 Signer(s) Other Than Named Above: - Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: [] Individual LJ Individual [] Corporate Officer '--" Corporate Officer Title(s): Title(s): - 0 Partner - U Limited n General LJ Partner - D Limited =:J General D Attorney-in-Fact U Attorney-in-Fact D Trustee LJ Trustee [J Guardian or Conservator [l Guardian or Conservator . [, Other: U Other: fop at thumb here Signer Is Representing: Signer Is Representing: @1994NalionaINola",Assoclallon'8236RemmeIAve" P.O. Box 7184' Canoga Pack, CA9'309-?,84 PlOd. No. 590? ReOide' Call Toll-Flee 1.800-876.5827 1381 EXHIBIT "A" The property referenced by this agreement is described as follows: LOT] IN BLOCK V OF SEASIDE GARDENS ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, !\CCORDI NG TO THE t-IAP THEREOF NO. 1801, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 6, 1924, EXCEPTING THEREFROM SAID LOT] THE NORTHEASTERLY 30.00 FEET THEREOF. bp3753a BAAK CONSULTING GROUP 1382 PROJECT AND MANAGEMENT CONSULTING EXHIBIT "B" ESTIMATE OF QUANTITIES AND COSTS TPM 91-070 RESOLUTION EO-92-04 AGREEMENT FOR IMPROVEMENTS IN PUBLIC RIGHTS-OF-WAY (LIEN CONTRACT) UNIT VULCAN AVENUE ITEM TYPE UNIrS ,COST, QIl<\~' (;()st Roadway Excavation CY $8.20 36 $295.20 Remove Existing Paving SF $2.00 1525 $3,050.00 AC Overlay SF $0.65 600 $390.00 Paving - AC 4" Surface SF $1.60 2250 $3,600.00 Paving - Base 6" SF $1. 60 2250 $3,600.00 Water - Move Existing FH EACH $1,890.00 1 $1,890.00 PCC Cross Gutter G-12 SF $4.70 240 $1,128.00 Adjust Water Valves EACH $500.00 2 $1,000.00 6" Cnrb & Gntter G-2 LF $13.10 117 $1,532.70 5' Sidewalk G-7 SF $3.20 600 $1,920.00 Pedestrian Ramp G-27 EACH $800.00 1 $800.00 Move Power Pole EACH $5,000.00 1 $5,000.00 Move Street/Bus Signs EACH $180.00 2 $360.00 Contingencies (10%) $2,456.59 Engineering/Design $3,391. 32 TOTALS $?I, ()??,4!} This is an ESTIMATE ONLY. Quantities, units and sized may be modified and are .s~.bj~-:..~.,the approval of the final engineering plans by the City Engieer. ,/:<~-\~,I\: ¡\~~i~E'>, '-'ä\ ' I, "",.:,;~//()~ - er/,,/qr J9~Þ51v1ESA MADERA DRIVl:: . SAN D/FGO . CA 9213/-1369 . (619) ':>78-6331 ./~ ~> City Engineer City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 and the address of SUBDIVIDER and the proper person to receive any such notice on .. i ts . behalf is: J 'ðe, \- \-:\ \:'- 0 - U-.:J <tt -'-{ , ~'ê-- \- c ~øo 'i \ ~ {;, ¡(., S Ð ~- f\ ç -f') \ 'ê...1V'<:... \.-, r-J PtN~<¿\m\ CIP>¡ - C1-2~Ó2- 10.0 SUBDIVIDER'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 SUBDIVIDER certifies that SUBDIVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in, satisfy the duties and obligations contained herein. 11.0 GENERAL PROVISIONS 11.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER's duties and obligations under this Covenant. 11.2 Sale or other disposition of the PROPERTY will not relieve SUBDIVIDER from the duties and obligations set forth herein. 10e15a.TF1 10/25/91 1398 11.. 3 SUBDIVIDER shall provide the improvements as an independent contractor and in pursuit of SUBDIVIDER's independent calling, and not as an employee of CITY. SUBDIVIDER shall not be under control of the CITY except as to the result to be accomplished. SUBDIVIDER may confer with CITY as required to perform this Covenant. 11.. 4 No verbal agreement or conversation with any officer, official, agent or employee of CITY, either before, during or after the execution of this Covenant, shall effect or modify any of the terms or obligations herein contained. 10e15a.TF1 10/25/91