2008-491748
Qac# 2008-0497748
~l Recording Requested By: ) 11111111111111111111111111111111111111111111111111111111111111111 I III
Engineer ~ SEP 15. 2008 3:27 PM
City
When Recorded Mail To: ) ~DFFiu.~L RErORE's
S.4Pd DIEGLi CUUNT'f REL:URDER'S iIFFICE
CityClerk ) t;FIErokrd nTH COiiHrrRECORoER
City of Encinitas ) FEES 0 ur.i ,dAr, ~
505 South Vulcan Avenue ) PAGES: 8
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CIn. IIIIIIINIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
~ Assessor's Parcv ✓ Project No.: TPM 04-178
No. 260-630-12,13
C~
This AGREEMENT executed this 11 day of FL b , 2007, by and between Dale L.
Schreiber and Donna E. Schreiber, Trustee under Trust Apreement dated December 3, 1985.
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 04-178
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
WHEREAS, the OWNER is agreeable to the execution of such an agreement;
Schreiber 04-178, 578-G
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
city ordinance agrees, covenants, and promises that he/she will install, construct, 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 the signing of this
Agreement is $ 14,498.D0 (Exhibit "B"). 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 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 othervvise, 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 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.
Schreiber 09-178, 578-G
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 attorneys 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 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 firsf 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.
The owner further agrees not to oppose the formation on an assessment district to fund the
installation of public right-of-way improvements and undergrounding of utility facility
improvements.
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, 911ineal feet. Face of curb to be located 25 feet
from the centerline.
3) Roadways, _ subqrade preq, min. 4" Ac oavement on 6" base, over full
frontaqe of propertv (107 feet) from sawcut to curbline
5) Drainage: as required.
6) Other: 5' sidewalk per G-7, 24" box tree, upgrade and relocate water meter
a) Clearing and grubbing, as required.
b) Sawcut and remove existing AC pavement 107LF).
c) Under ground any existing utilities
Schreiber 04-178, 578-G
O 4~;Rc Sre~iber, stee
Donna E. Schreiber, Trustee
,
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
CITY OF EN INITAS
J Y
I t.C/I.~
Peter Cota-Ro les, P. .
Director of Engineering Services
r
f
Schreiber 04-178, 578-G
r- ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA, }
COUNTY O_
On' T '}_~before me, (iT¢~,
C1~
" ~y [66
Insert name and title of th officerJ
~ personally appearek5) 4E,u-- ,h ~ '~1~f~'C. T~~~C~~~/~+~.~•`~~-~~CI~I,~
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that fiek"/they executed the same irrEiieAaec/their
authorized capacity(ies), and that by ITisfher/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
OFFICIAL SEAL
A.VASVANI
NOTARY PUBLIGCALIFORNIA~
COMM. N0.1809122
~ SAN DIECiO'COUNTY
MY CAMM. EXP. AUG. 8, 2012
Signature
~
(This area for official notarial seal)
Rec.FOrm NR11 (72I06/07)
EXHIBIT "A"
The property referenced by this agreerient is described as follows;
PARCEL A: THAT PORTION OF.TfiE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4
, WEST, SAN BERN7IRDINO MERSDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
. ACCORDING TO OFFICIAL PLAT TAEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF CARDIFF VILLA TRACT,ACCORDING TO MAP NO.. 1469; THENCE SOUTH 89034' WEST ALONG THE PROLONGATION OF THE. NORTHERLY BOUNDARy
LINE OF SAID CARDIFF VILLA TRACT, A DISTANCE OF 23.34 FEET TOTHE NORTHEASTERLY
_BOUNDARY LINE OF COUNPY HIGHWAY ROUTE 1, DIVISION 1; THENCE NORTH 31°38' WEST ALONG SAID NORTHEASTERLY BOUNDARY LINE A DISTANCE OF 213.03 FEET TO TFIEBEGINNING OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1275.82 , FEET AND.A.CENTRAL ANGLE OF 08001'; THENCE NORTFiWESTERLY ALONG SAID CURVE A
DISTANCE OF 159.29 FEET THROUGH ACENTRAL ANGLE OF 07009'03" TO THE TRUE POINT OF .
_ BEGINNING; THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE A DISTANCE OF 19.28
. . FEET THROUGH A CENTRAL ANGLE OF 00051'57°TO A POINP; TfIBNCE TANGENT TO SAID
. CURVE NORTH 23°27' WEST A DISTANCE OF 77.86 FEET TO AN ANGLE POINT IN THE
. . SOUTHWESTERLY BOUNDARY OF LAND DESCRISED IN DEED TO KNU'PE E. EASTMAN, ET UX, - RECORDED OCTOBER 5, 1959-AS DOCUMENT NO. 205156 OF OFFICIAL RECORDS; THENCE
. ALONG THE BOUNDARY OF SAID LANDAS FOLLOWS: . -NORTH 66048' EAST TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID : BOUNDARY SOUTH 23°27' EAST TO THE MOST SOUTHERLY CORNER OF.SAID LAND; THENCE
SOUTH 66049' WEST ALONG THE SOUTH LINE OF THE LAND CONVEYEDTO HAROLD J. R.
; RAWLINGS, ET UX, BY DEED RECORDED IN BOOK 1817, PAGE 349 OF OFFICIAL RECORDS
119.14 FEET MORE OR LESS TO THE TRUE POINT OF SEGINNING. PARCEL B:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22,. TOWNSHIP 13 SOUTH, RANGE 4
. WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF. CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF CARDTFF VILLA TRACT, ACCORDING TO MAP NO.
: 1469; THENCE SOUTH.89°34' WEST ALONG THE PROLONGATION OFTHE NORTHERLY BOUNDARY
. OF SAID CARDIFF VILLA TRACT, A DISTANCE OF 23.34 FEET TO THE NORTFIEASTERLY
. BOUNDARY LINE OF COUNPY HIGHWAY.ROUTE 1, DIVISION 1; THENCE NORTH 31038' WEST
ALONGSAID NORTHEASTERLY BOUNDARY LINE,A DISTANCE OF 213_03 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1275.82
FEETAND.A.CENTRAL ANGLEOF 08°01'; THENCE NORTHWESTERLY ALONG SAID CURVE A
DISTANCE OF 159:29 FEET THROUGH A CENTRAL ANGLE OF 07009'03" TO A POINT; THENCE .
CONTINUING NORTHWESTERLY ALONG SAID CURVE A DISTANCE OF 19.28 FEET THROUGA A CENTRALANGLE OF 00°51'57" TO A POINT; THENCE TANGFNT TO SAID CURVE, NORTH 23°27'
WEST A DISTANCE OF 77.86 FEET TO THE TRUEPOINT OF BEGINNING; THENCE CONTINUING
-NORTH 23027' WEST 10.00 FEET TO.THE MOST SOUTHERLY CORNER OF THE LAND CONVEYED TO
. EDWARD M. BAINTER AND ADA BAINTER VOORHIES, BY DEEDRECORDED IN BOOK 1448,PAGE SO OF OFFICIAL RECORDS,RECORDS OF SAN-DIEGO COUN'PY; THENCE NORTFI 66048' EAST -
, ALONG THE SOUTHEASTERLY LINE OF LAND SO CONVEYED TO SAID BAINTER AND VOORHIES, A
DISTANCE OF 184.14 FEET; THENCE SOUTH 23012' EAST, A DISTANCE OF 107.14 FEET MORE
OR LESS, TO THE SOUTALINE OF THE LAND CONVEYED TO HAROLD J. R. RAWLINGS ET UX, BY DF.ED RECORDED IN BOOK 1817, PAGE 349 OP OFFICIAL RECORDS, RECORDS OF SAN
_ DIEGO COUNTY; THENCE SOUTA 66048' WF.ST ALONG THE SOUTH LINE OF SAID RAWLINGS' .
LAND A DISTANCE OF 64.00 FEET; THF.NCE NORTF 23027' WEST TO ALINE WHIeA BEARS
NORTII 660 EAST FROM THE TRUE POIWT OF BEGINttING; THENCE SOU'TH 66°48' WEST TO THE
TRUE Pr?INT OF BEGiNNING. ':ch.~e0..,.1: (14_Lr53. :i78-G
EXHIBIT "Ei°
CITY OF ENCIIJITAS
ESTIMATE OF QUANTITIES AND COST
Reference: TPM 04-178 Area: 1531 San Eliio Avenue
Quantities by Date _ Estimate by Date 208
No. Quantity Unit Item Unit Amount
Price
~ 9( LF 6"(0U4F--[F CJRB E GUrr0R L0,00 ($2p,00
3 8►o s F Su acRADE PRU~PAP-Ariot3 0.50 405. 0a
3 810 SP 4" qc PAvEMErfi oN 6" aASc 240 2268•00
(o 535 5j= Yji SfDEWAW- 5.00 2675.00
~ I C-A 24 " &ox TREE 2-50.0 0 250 00
~ 4 EA UPCA213)iE £iZEUYA7e wATE2 MeTr-, P- 1500.0 6 Doe.Oa
b4o sF SAWCu7 c REMovE ExisziNc~- P^tMeut pp IDgo.VD
Total
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
Schreiber 04-178, 578-G
State of California ~ CALIFORNIAALL-PURPOSE
Countyof , 5Z11117 L" ) CERTIFICATE OF ACKNOWLEDGMENT '
On 6( J' .W'0 before me, ~fW~ /°!/KfL/C
(here Insert name and tiNe of the oKcer) personallyappeared fe7g;e
who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is re subscribed to
the within instrument and acknowledged to me tha2phe/they executed the same ir(hyiher/their
authorized capacity(ies), and that I~F~s er/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERIURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it muld prevent fraudulen[ removal and reatmchmen[ of this
acknowledgment to an unauthoiized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Me[hod of Signer ldentification •
titled/for the purpose of Proved to me on the basis of satisfactory evidence
Lo form(s)o(identiflcation 0 aedlblewimess(es)
- - ' Noiarial event is detalled ln noiaryjournal on:
containing pages, and dated Paqea Envyn
The signer(s) capacity or authority is/are as: Nocary mncact
❑ Individual(s) Other
❑ Attomey-in-Fact
Cofpo2teOffCPf(5) AddltionalSigner(s) ~ Signer(s)Thumbprin[(s)
❑ ❑
iltle(s)
- ~ ❑
U Guardlan/Conservator Par[ner - Limited/General
❑ Trusiee(s)
❑ Othec
representing:
Name(s) of Person(s) oCn~iry(les~ Signer is Fepresen~ing
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