1999-245334
1_.
9
31
Recording Requested By: )
City of Encinitas
When Recorded Mail To: h,
City Clerk
City of Encinitas'-,"h'f io Sr[(R Ilir+ nr r+f
505 South Vulcan Avenue )
Encinitas. CA 92024 )
AGREEMENT FOR IMPROVEMENTS 1999-0245334
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Assessor's Parcel Project No.: DR/'CDP 8-010
No. 254-210-14
This AGREEMENT executed this 7th day of December ,
199 8, by and between
DAVID MARABELLA and TAMRA S. MARABELLA
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
CONSTRUCTION OF NEW SINGLE FAMILY DWELLING
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
3194
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 CONDITIONS OF APPROVAL 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 year 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
$ 1,685.00 (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
31~~ 0
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 (210) 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/hex, 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
31~u
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, 34 lineal feet. Face of curb
to be located feet from the centerline.
2) Sidewalk, '14 lineal feet, 5 feet wide.
3) 1 driveway(s), 16 feet wide.
4) Roadways, AC PAVEMENT WIDENING
5) Drainage: as required.
6) Other:
a) Clearing and grubbing, as required.
b) Relocate power pole(s).
c)
d)
OWNER:
, 4'~
DZI
TAMRA S. MARABELLA
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
T OF E IN T
Alan D. Archibald
Director of Engineering Services
bp3753a
CALIFORNIA ALL-PURPA ACKNOWLENT
State of
County of <J
On d26 before me t7 LL [//Z~
Date Name and Title of Officer (e.g., "Jane oe, Notary Public")
personally appeared ,JA U10 44 A/1iI'~
v Name(s) of Signer(s)
❑ personally known to me - OR - L; f ed to me on the basis of satisfactory evidence to be the person(s)
whose name(s) i are bscribed to the within instrument
and acknowled e o me that he/sh theD)xecuted the
same in h' /=heir uthorized capacity ies), and that by
~aweoaama~:;:a asossssa~na+sam~ ;-f
his/h /their (s) on the instrument the person(s),
Randa G. Milljour or the entity upon behalf of which the person(s) acted,i
Comm. #1033151 c,
+es NOTARY PUBLIC CAt FOR-41A executed the instrument.
SAN DIPC'O COUNTY
~ w k1,;1 ( mm Eyr hr 6, 1`~^~
„tt~ Mk ~,t~• WITNESS my hand and official seal.
CSC-CG~~
Signature of Notary P I
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
r{ fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee %
❑ Guardian or Conservator ❑ Guardian or Conservator
y ❑ Other: _ Top of thumb here ❑ Other: Top of thumb here
h
Signer Is Representing: Signer Is Representing:
< etc ~t ~2sts~(~< ~C ct5 ~ts~CZscZ ~t ~t ~C>~CSC(t iC ct ~t5 ct cZCsc G s~t,~t ~G~tS
0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
3195
ATTACHMENT "A"
TO
LIEN CONTRACT
PROJECT No. DR/CDP 98-010
LEGAL DESCRIPTION
"PROPERTY"
All that portion of the SouthWest Quarter of Section 4, Township 13 South, Range it West, San
Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California,
described as follows:
Beginning at a point on the Westerly line of Neptune Avenue, distant thereon North 19026'45"
West 610.59 feet from the intersection with the Westerly prolongation of the Northerly line of
Phoebe Street, said intersection being the SouthWesterly corner of South Coast Park No. 4, as
shown on Map thereof No. 2049, Records of San Diego County; thence South 70°33'20" West
a distance of 209.44 feet, more or less, to a point on the Easterly line of that Tract of Land as
conveyed by the South Coast Land Company to the County of San Diego by deed dated January
10, 1930, and recorded in Book 1731, Page 254 of Deeds; thence along said Easterly line of
County Lands North 19°34'15" West a distance of 50.00 feet; thence North 70°33'20" East a
distance of 209.56 feet to a point on said Westerly line of Neptune Avenue; thence along said
Westerly line of Neptune Avenue South 19026'45" East a distance of 50.00 feet to the point of
beginning.
EXCEPTING THEREFROM that portion, if any, heretofore or now lying below the ordinary high
tide line of the Pacific Ocean.
_ 1Zesource Development 3199
0 ^oratlon Date: 05-Nov-98
531 Encinitas Blvd, Suite 201, Encinitas, CA 92024 RDC Job Number: 97.028B
Tel: (6519).942-11066 Fax: (619) 942-2514
_ Engineer's Opinion of Probable Cost
Project Description: Marabella Residence
Project Location: 1320 Neptune Avenue, Leucadia
City of Encinitas Plan Check No:
Item Reference Quantity Unit Unit Cost Item Cost
FUTURE PUBLIC STREET IMPROVEMENTS
PCC Curb & Gutter Std Dwg G-2 34 I.f. $10.50 $357.00
PCC Driveway Apron Std Dwg G-14 120 s.f. $3.00 $360.00
PCC Sidewalk Std Dwg G-7 170 s.f. $2.50 $425.00
AC Pavement Widening Soils Engineer 250 s.f. $1.56 $390.00
Subtotal Future Street Improvements $1,532.00
Contingincies (10%) $153.20
TOTAL FUTURE PUBLIC STREET IMPROVEMENTS $1,685.20
I
L