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1999-451101 . !} ,f!Rl . DOC. 1999-0451101 4119 JUN 29, 1999 10:04 AM (ffIClflREllROO ~ DIEGO IllIffY REClJDER I S lFFICE GREGfRV J. 9UTH, lllJffi' REtm'tR FEES: 26.00 I111IIIII1III1 1909.0451101 Recording Requested By: ) City of Encinitas ) When Recorded Mail To: ) . City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas. CA 92024 ) FOR THE BENEFFIT OF THE CITY. 4rfJ 3:; .dO AGREEMENT FOR IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY (LIEN CONTRAcn Assessor's Parcel No. 265-023-59 , , Project No.: 5959 GR I I I I I This AGREEMENT executed this 10th day of June, 1999, by and between Rick A. Arbauah and Lorie L. Arbauah. husband 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 purposing a sinale familv dwellina. WHEREAS, the property is adjacent to an incomplete street, and WHEREAS, the improvement will generate more traffic and the OWNE~ has agreed to provide the right-of-way and/or improvements in accordance with Title 24 of the lCity of Encinitas code, and I I WHEREAS, pursuant to Title 24 of the City of Encinitas code, the Ci~y 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; bp3753a SCANNED . . 4120 ~ - ,,_..,-- ..::::;;a NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows: I 1) The CITY agrees to accept the dedications, if any, and upon the qampletion of the improvements required herein to the satisfaction of the City Engineer, agrees ~o dedicate said improvements to the public and for public streets. ! i 2) The OWNER, in lieu of making the improvements specified herein~ and required by citv ordinance agrees, covenants, and promises that he/she will install, construQt, 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 vear 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 th~ signing of this Agreement is $ 2.944.70 (Exhibit "B"). The OWNER hereby acknowledges th~t said cost is a reasonable estimate of construction costs at this time and that the actu~1 cost of said improvements at some time in the future may exceed this estimate; and the bWNER hereby agrees that his/her obligation under this Agreement extends to the actual cost df 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, and grant permission to the CITY or its contractor and his/her employees to enter upon any 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 thirt)' (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 am~unt of said lien shall include reasonable attorney's fees which shall be taxed as ~ cost in any suit for such foreclosure. bp3753a . . 4121 -.. 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 ha$ been or may in the future be executed by the OWNER, hislher heirs, successors, representatives, assigns, or transferees, and the lien hereby created shall be and is hereby subordinated to a~d declared to be inferior and subsequent in lien to the lien of any such purchase money mortgag~ 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 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. 6) The OWNER will cause to be constructed, in accordance with CITY standards, at his sole cost and expense, the following improvements: I 1) Curb and gutters,46.0 lineal feet. Face of curb to be I~cated 30.0 feet from the centerline. 2) ---1- driveway(s), 12.0 feet wide at street. 3) Roadways, a 15.0 foot striP of pavina 50 feet lon~ alona propertv frontaae with Rancho Santa Fe Road. Minimum paved section 4" AC on 6'AB. I 5) Drainage: as required. 6) Other: bp3753a " . . 4122 ----L -- a) Clearing and grubbing, as required. b) Sawcut and remove existing AC pavement on R~ncho Santa Fe Road (46 LF). c) Sawcut and remove exising AC berm on Rancho I Santa Fe Road (26 LF). ! I OWNER: Rick A. Arbaugh I 'e rb Signature of owners to be notarized. Attach the appropriate acknowledgements. ~~ Alan D. Archibald Director of Engineering Services bp3753a " . . State of ('~dY udJ. J County oh.~) Q/~&} A)tJ7nIe.~ On ;;/;6/Cf9 before me~A e ,,t! /~J.i:/1)c)re. y:'08Li:. lVJ !DATE) lNAMEITlRE OF OFFICER-i....JANE DOE. NOTARY PUBLlC'1 personally appeared l2/t K. -A. evnct... ,{ tJ ,€/ C L ~ lNAMECSI OF SlGNERISII ~ l?1W01f- o personally known to me -OR-~ proved to me on the basis of satisfactory evidence to be the ~n(s) whose name(s) I a e subscribed to the WI n instrument and aCknow~, dtomethat he/she ey ecu~e same' is/he thei authorized capacit . and that by his/h signature(s) on tti instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. f--------~---~;;~~~;;A~----l _. RANDA G. MILLJOUR i NOTARY PUBLlC-CALlFORNIA~ COMM. NO. 1204250 ~ l__ _ _~y~~~~E~~1!~~~~J Witness my hand and official seal. ISEAU ~~~ 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 Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pagea Date of Document DESCRIBED AT RIGHT: Signerla' Other Thll/'l NlIIl'led Abow WOlCOTTS FORM 83240 Rev. 3.14 Cpri.. el_ 8.2AI Cl'984 WOlCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONlTWO FINGERPRINTS 4123 RIGHT THUMBPRINT 10ptionall II ! I ... o ~ CAPACITY ClAIMED BY SlONERISI DINDIVIDUAl(S, DCORPORATE OFFICERISI mlU8t DPARTNERISI DlIMfTED DGENERAL DATTORNEY IN FACT DTRUSTEEISI DGUARDIAN/CONSERVATOR DOTHER: SIONER IS REPRESENTING: IN..... of "'mKllal or Entityl_1 RIGHT THUMBPRINT IOptionall II ! I ~ ~ CAPACITY ClAIMED BY SIONERISI DINDIVIDUALISI DCORPORA TE OFFICERISI lTITUllI DPARTNERISI DlIMITED DGENERAL DATTORNEY IN FACT DTRUSTEEISI DGUARDIAN/CONSERVA TOR DOTHER: SIGNER IS REPRESENTING: IName of PIInonlal or Entltylieal _llllllIllllilllJIJII U III . . 4124 ~ EXHIBIT "A" The property referenced by this agreement is described as follows: Lot 14 together with the North Half of Lot 13 in Block 31 of the Resubdivision of Blocks 31, 36, and 42 of Colony of Olivenhain, in the County of San Diego, State of California, according to Map thereof No. 287, filed in the Office of the County Recorder of San Diego County on August 21, 1885; more particularly described as per Exhibit "A" attached hereto and made a part hereof by this reference. bp3753a . . .. 4125 EXHIBIT "B" CITY OF ENCINITAS ESTIMATE OF QUANTITIES AND COST Reference: EN99-548 Area: Encinitas Road: Briaas Ave. Quantities by G.A.C. Date 617/99 Estimate by G.A.C. Date 6/7/99 No. Quantity Unit Item Unit Amount Price 1. 750 sJ. AC. Paving (4"AC. on 6"AB. min. section) 3.85 $1350.00 2. 46 Lt. Pcc Curb & Gutter (SDRSD G-2) 13.75 $632.50 3. 46 I. t. Sawcut existing AC pavement 3.00 $138.00 4. 26 I.t. Remove existing AC berm 1.50 $39.00 5. 5 c.y. Earthwork (Fill) 8.60 $43.00 7 120 sJ. Driveway apron (OS - 7) 3.95 $474.00 10% Contingency , $267.70 i l , Total $2,944.70 This is an ESTIMATE ONLY. Quantities, units and sizes may be modified and are subject to the fipproval of the final engineering plans by the CITY ENGINEER. . . Remarks bp3753a