1996-319196
1 • r~ 2108 i 99t Q'
• 7';-),3:31
-1 1
Recording Requested By: ) y `
City of Encinitas ) J1' R" J
When Recorded Mail To: )
City Clerk
City of Encinitas )
505 South Vulcan Avenue
Encinitas. CA 92024 )
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Assessor's Parcel Project No.: TPM 93-138
No. 254-120-09
This AGREEMENT executed this 'bo rN day of R ay ,
199 Fi, by and between E. Paul Love, Jr.; Lyle J. Stewart, r-T use;
and Kathleen A. Stewart. Trustee
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 two parcels
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;
bp3753a
2149
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 TPM 93-138 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 6 - I - 98 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
$ 919 88.33 (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
otherwise, and grant permission to the CITY or its
contractor and his/her employees to enter upon any
bp3753a
• • 2110
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.
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 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.
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.
bp3753a
2111
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, 1(P4 lineal feet. Face of curb
to be located 16 feet from the centerline.
2) Sidewalk, 1&+ lineal feet, feet wide.
3) 2 driveway(s), IG feet wide.
4) Roadways, Ac ?A%/6MEN'f pp¢i Ssse ~So s.f~
AC F7EYGh1 ~~(o / foo I,-ec,( 7Ce+
5) Drainage: as required.
6) Other:
a) Clearing and grubbing, as required.
b) Relocate power pole(s).
C) 6I9JEET IMPK0Vf9Me l Deegan k PL47-4
d)
OWNER
i Z~cr~y/
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
SEE ATTACHED CALIFORNIA
C W CCZNI%~X,
ALUPUflPOSE ACKNOWLEDGMENT
f W/14
Alan D. Archibald
Director of Engineering services
bp3753a
2112
CALIFORNIA ALL-PURPOSAKNOWLEDGMENT • No. 5907
State of
County of
On F-V,me, _ a A
?~a~hYl L2
O NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC'
personally appeared 4 Llvk - t:q , 21~- ,
NAME(S) OF SIGNER(S)
❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence
to be the person(4_whose nameX) is/
subscribed to the within instrument and ac-
knowledged to me thatyWsheJ9R&"xecuted
the same in )/herd authorized
capacity(,*t~ and that by WA4her1ft4r°--
signatureW on the instrument the person(,,
Denise M. Leachman or the entity upon behalf of which the
N y Commfailon (1037207 <
Notary public-Cdlfornis flA~ person* acted, executed the instrument.
San Dbpo County A
My Commlaalon Eapirea July 3, 1998
WITNESS my hand and official seal.
a ~ a hl_ - .
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
❑ CORPORATE OFFICER
~t'~---TITLE OR TYPE OF DOCUM NT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED /
❑ GENERAL
Ur~
❑ ATTORNEY-IN-FACT NUMBER OF PAGE
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITV(IES) ~"4 ~J
SI ER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
2113
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
NO 5907
State of CAL I FORN I A
County of SAN D [EGO
On ~~/Sf ,'S before me, Susan Shattuck, Notary Public
:ATE NAME. TITLE OF OFFICER E.G.. LANE DOE. NOTARY PUBLIC'
personally appeared ~yL E T S7FLr'EI7
NAME(S) OF SIGNER(S) '
personally known to me - OR -proved to me on the basis of satisfactory evidence
to be the person(,e'f whose name{Af1 'are
subscribed to the within instrument and ac-
knowledged to me that ~e he/they executed
the same in her/their authorized
capacity, and that by6:~i/her/their
signatureW on the instrument the person*,
OFFICIAL SEAL or the entlt u on
h, su Av SHATTUCK Y p behalf of which the
,01 11 ouc GAUFORNIA person
~E Ca f"i o9A,YGE COUNTY acted, executed the instrument.
My Cc mm Expues May 2] 1995
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL 4gl-e&1-12-ow% Tmn ~iy>
CORPORATE OFFICER tAly ✓
TT1LE(st TITLE OR TYPE OF DOCUMENT
PARTNER(S) ❑ LIMITED
❑ GENERAL
/ATTORNEY-IN-FACT
TRUSTEE(S) NUMBER OF PAGES
GUARDIAN/CONSERVATOR
❑ OTHER: [ 2]Z19T~8 fA1 Vic: ¢~?A/L~
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
,4 STe,,;AR;7
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8738 R«rmal Aw.. P.O. Soa 7164 - Canoga Pad. CA 91309.7194
• • 2114
STATE OF VERMONT
WINDHAM COUNTY, SS.
On the 9th day of June, 1995, personally appeared E. Paul Love, Jr. and swore that
the signing of the attached document was his free act and deed.
Before me,
Heid' A. Russ, Notary Public
My commission expires: 2/10/95
2115
EXHIBIT "A"
The property referenced by this agreement is described as follows:
Parcel 1:
All that portion of Lot 4 in Block "L" of South Coast Park Annex, in the City of Encinitas, County
of San Diego, State of California, according to Map thereof No. 1788, filed in the Office of the
County Recorder of San Diego County, March 29, 1924, described as follows:
Commencing at the intersection of the center line of Hymettus Avenue with the center line of Eolus
Avenue, as said avenues are shown on said Map No. 1788; thence South 3 °27'30" East along the
center line of said Hymettus Avenue, 269.35 feet to the intersection with the Westerly prolongation
of the Southerly line of land conveyed to Bruce W. Hoffman, et ux, by deed dated December 21,
1953 and recorded in Book 5102, Page 93 of Official Records; thence along said Westerly
-prolongation and said Southerly line North 89°59'23" East 155.06 feet, more or less, to the
Southeasterly corner of said Hoffman's land, hereinafter referred to as Point "A" of this description;
thence retracing along said Southerly line and Westerly prolongation South 89°59'23" West 155.06
feet; more or less, to the center line of said Hymettus Avenue; thence along said center line South
3 027'30" East 272.24 feet to the intersection of the Westerly prolongation of the Southerly line of
said Lot 4; thence South 89°23'30" East along said Westerly prolongation and along the Southerly
line of said Lot 4, a distance of 170.61 feet to the Southwesterly corner of land conveyed to A. W.
Bristow, et ux, by deed dated October 8, 1954 and recorded in Book 5404, Page 546 of Official
Records; thence North 14°23'30" West along the Westerly line of Bristow's land 50.0 feet to the
Northwesterly corner thereof; thence Northerly along the Northerly prolongation thereof 73.0 feet to
the true point of beginning; thence North 89°23'30" East along a line parallel with the Northerly
line of said Bristow's land and the Easterly prolongation thereof, a distance of 233 feet to the center
line of said Eolus Avenue; thence along said center line North 14°23'30" West to the intersection
with a line which bears North 89°59'23" East from said Point "A" hereinafter mentioned; thence
South 89°59'23" West to said Point "A"; thence Southerly in a straight line to the true point of
beginning.
Parcel 2:
An easement allowing the encroachment of a garage over, under, along and across.
All that certain piece of parcel of land which is delineated and designated as Parcel 4 on Record of
Survey Map No. 4891, filed in the Office of the County Recorder of San Diego County, January
29, 1959. said Record of Survey Map No. 4891 being a Survey of a portion of Lot 4 in Block "L"
of South Coast Park Annex, in the County of San Diego, State of California, according to Map
thereof No. 1788 filed in the Office of the County Recorder of San Diego County, March 29, 1924,
described as follows:
Beginning at the Easterly terminus of that course and distance designated "s 89°23'30" East 201.94
feet" in the Northerly line of said Parcel 4 as shown on said Record of Survey Map No. 4891;
thence along said Northerly line North 89°23'30" West 87.85 feet to the true point of beginning;
thence continuing North 89°23'30" West 9.45 feet; thence South 7°14'06" East 1.29 feet; thence
North 82"45'54" East 9.36 feet to the true point of beginning.
bp3753a