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
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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.
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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, 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
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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.
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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.
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J9~Þ51v1ESA MADERA DRIVl:: . SAN D/FGO . CA 9213/-1369 . (619) ':>78-6331
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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
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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.
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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