2008-29565
"
&f -
1lrt
(
~tA \il
~\~
...
DOC~ # 2008-0029565
: 1111111111111111111111111111/1111111111111111111111111111111111111III
Recording Requested By: )
City Engineer )
When Recorded Mail To: )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY.
,JAN 22, 2008
3:35 PM
OFf I CI.I'.L F; [CO F: D S
',~",!, U I [ 1',0 co U Nfl' Fi E [{I Fi U E Fie; Ci FFI CE
l.iHE,:;CIF;'( ,.I (,~','1IT H.. CDr.Jr'Jf( F:ECCiFiUEF:
FE E ~,; 21,1 00
PAGES: 7
:IWWWmWWwwWWWWWml
AGREEMENT FOR PUBLIC STREET IMPROVEMENTS, AND
PRIVATE GRADING, DRAINAGE. SEWER, AND UTILITY IMPROVEMENTS
Assessor's Parcel
No. ~-090-14 J
~5(P - d10' 141
Project No.: TPM 05-209
This AGREEMENT executed this ~ day of,J~~\)~r ,200i, by and between Daniel
H. Dalaqer and Shirley Ann Dalaqer, Co-Trustees of the Daniel and Shirley Ann Dalaqer Family
Trust dated July 21, 2000.
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 TPM 05-209
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
required that construction of those improvements required by the CITY to be constructed by the
OWNER be postponed until the sale of any parcel of land created by on this land and or the
issuance of any building permit that the OWNER be required to execute an agreement to
construct said entire improvements in the future and to grant surety 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;
05-209 695-PM Dalager
. ~
...
NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1) The CITY agrees to accept the dedications, if any, upon the completion of the
improvements required herein to the satisfaction of the City Engineer, and 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
city ordinance agrees, covenants, and promises that he/she will install, construct,
or cause to be installed or constructed at the time of sale, transfer of title of any
parcel, all the improvement required by the conditions as set forth in Notice of
Decision PBD 2006-14 of the City of Encinitas shall be provided to the satisfaction
of the City Engineer.
3) The owner further agrees at the time of development of any of the existing or
newly created lots to comply with all the requirements of the City of Encinitas
relating to grading improvements, drainage improvements, utility and street
improvements, traffic, sewer, and storm water pollution control (Best Management
Practices).
4) The owner further agrees that prior to issuance of any building permit for anyone
of the parcels; a detention basin shall be constructed to mitigate the impact of any
increase in runoff to the downstream property. The system shall be designed to
ensure that the runoff resulting from a 100- year frequency storm under developed
conditions is equal to or less than the runoff of a storm of the same frequency and
duration under existing conditions.
5) The owner further agrees not to the oppose the formation of an assessment district
to construct said improvements.
Such improvements shall be made without cost or expense to the CITY. The CITY
estimates that the cost of construction of said public improvements at the time of the signing of
this Agreement is $ 93.935.00 (Exhibit "B"). A grading of improvement permit shall be issued for
the purpose of completing said improvements. All improvements shall be constructed according
to current standards and ordinances. 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 sustainably 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.
6) 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 terms 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
05-209 695-PM Dalager
,
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.
7) 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.
8) 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.
9) The owner further agrees that prior to issuance of any building permit for one of
the parcels; a detention basin shall be constructed to mitigate the impact of any increase of runoff
resulting from a 100 year storm as shown in item SCH of City of Encinitas Notice of Decision PBD
2006-14 dated January 26,2006.
10) The OWNER will cause to be constructed, in accordance with CITY standards, at
his sole cost and expense, the following improvements:
1 )
Curb 109 lineal feet. Face of curb to be located
centerline.
16
feet from the
2) 3 driveway(s), 16
05-209 695-PM Dalager
feet wide at street.
r
~
3) Roadways, sub qrade prep. min. 4" Ac pavement on 6" base. over full
frontaqe of property (157 feet) from sawcut to curbline
4) Drainage: as required.
5) Other: 6' BMP drainage swale upgrade and relocate water meters as
needed
a) Clearing and grubbing, as required.
b) Sawcut and remove existing AC pavement ( 157 __lEJ
11) Underground existing utilities along the frontage and services to buildings.
12) Future private grading, drainage, and utility improvements not shown in cost
estimate.
Note: Surety for item (11) mentioned above may be waived if the applicant provided a written
contract approved by San Diego Gas and Electric Company to perform the conversion of the
existing overhead utilities to underground along subject property.
ru~ .jq . r; ~) T~
_~MA~,~~~ ~
Daniel H. Dalaqer and Shirley Ann Dalaqer, Co-Trustees of the Daniel and Shirley Ann Dalaoer
Family Trust dated July 21, 2000.
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
C'TY~k
/tr Peter Cota-Robles
Director of Engineering Services
05-209 695-PM Dalager
!~Io6'
,
.. ..
6;cQ'8// A
LEGAL DESCRIPTION
Real property in the City of Encinitas, County of San Diego, State of California, described as
follows:
ALL THAT PORTION OF LOT 11 OF LEUCADIA ACRES, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1704, ALED IN THE OFACE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5,1918, DESCRIBED AS FOLLOWS:
BEGINNING AT INTERSECTION OF THE SOUTH LINE OF SAID LOT 11 WITH A LINE THAT IS
PARALLEL WITH AND 25 FEET SOUTHWESTERLY FROM THE NORTHEASTERLY LINE OF HERMES
AVENUE, AS SHOWN ON MAP OF SOUTH COAST PARK ANNEX NO. 1788, ALED IN THE OFACE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 1918; THENCE ALONG SAID
PARALLEL LINE NORTH 28032'30" WEST 395.93 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 28032'30" WEST 157.86 FEET TO THE SOUTHEASTERLY LINE OF LAND
CONVEYED TO THOMAS F. MCLOUGHLIN, BY DEED DATED APRIL 20, 1928, RECORDED IN
BOOK 1468, PAGE 315 OF DEEDS, IN THE COUNTY RECORDER'S OFACE; THENCE SOUTH
61027'30" WEST ALONG SAID SOUTHEASTERLY LINE OF MCLOUGHLINS' LAND 275.94 FEET TO
NORTHEASTERLY LINE OF LAND CONVEYED TO H. N. WHITELINE BY DEED DATED OCTOBER
25, 1926, RECORDED IN BOOK 1260, PAGE 392 OF DEEDS IN THE COUNTY RECORDER'S
OFFICE; THENCE SOUTH 28032'30" EAST ALONG SAID NORTHEASTERLY LINE OF WHITELINE'S
LAND 157.86 FEET; THENCE NORTH 61027'30" EAST 275.94 FEET TO THE TRUE POINT OF
BEGINNING.
APN: 256-090-14-00
..
EXHIBIT "B"
CITY OF ENCINITAS
ESTIMATE OF QUANTITIES AND COST OF PUBLIC IMPROVEMENTS
Reference: TPM 05-209 Area: 554 Hermes Avenue
No. Quantity Unit Item Unit Amount
Price
1 109 LF 6" X 16" concrete flush curb $25 $2725
2 240 SF 16' wide Modified G-14 concrete driveways $5 $1200
3 800 SF Asphalt paving over base (4" AC over "6 CI 2 $5 $4000
AB)
4 LS misc grading and drainage $2000
5 3270 SF BMP drainage swale with base 109 feet long $5 $16350
6 feet wide
6 157 LF Underground existing overhead utilities $380 $59,660
Ten percent contingency $ 8,540
Total $93,935
This is an ESTIMATE ONLY. Quantities, units and sizes may be modified and are subject to the approval of the final
engineering plans by the CITY ENGINEER.
Remarks: Private grading, drainage, utilities not included in estimate. Fees and bonds are to be in place at time of
issuance of permit.
05-209 695-PM Dalager
....
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~~c&Yc&Y~~~~~~~~~=~~~=~~
State of californ:iV7 /J. }
County of J~~
On /, I fit; Y before me ) H A~ t II/?..
vvJ II. lJil.
personally appeared
r-.-~.=:,:T 11 ~~;;F;~;~;E~~--- 1
- . . ARTHUR P ARQUILLA
r:B! .: NOTARY PU8l1C'CALlFORNIA~
a: . COMM. NO. 1628401 ~
SAN DIEGO COUNTY
MY COMM. EXP. JAN. 7, 2010
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) i~ubscribed to the
within instrument and acknowledged to me that
he/she~executed the same in his/h~ authorized
capacity(ies), and that by his/her/~ignature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS m,rid an /
Signature
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 D
~ f?J~-
Title or Type of Document:
Document Date: / j; j / ~
( I
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
ft'lndividual
u Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~'<..:<;,~~~'<..:<;,'<..:<;,~~~~~~~~~~~~~'S<;;~~~~~~~~~~~"'''~~.>'~';<i:~~"~~:;~:,.~~~
@2007 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402' www.NationaINotary.org item #5907 Reorder: Call Toil-Free 1-800-876-6827