1999-451101
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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.
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AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRAcn
Assessor's Parcel
No. 265-023-59
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Project No.: 5959 GR
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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
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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;
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NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows:
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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. !
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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.
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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:
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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). !
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OWNER: Rick A. Arbaugh I
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Signature of owners to be notarized.
Attach the appropriate acknowledgements.
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Alan D. Archibald
Director of Engineering Services
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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
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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.
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_. RANDA G. MILLJOUR
i NOTARY PUBLlC-CALlFORNIA~
COMM. NO. 1204250 ~
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Witness my hand and official seal.
ISEAU
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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
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RIGHT THUMBPRINT 10ptionall
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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
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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
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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.
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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
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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
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