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2003-603496d J Recording Requested By: r/~ TCG 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. rF I ??ter L ;J p X *00 AFFI iHL k~, Et C01 R j' li ~iJ;+. 11 ,Pal, ' ~'~'iirk' M J..,, U 2003-0603496 AGREEMENT FOR IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY (LIEN CONTRACT) ~J Assessor's Parcel Project No.: 01-075 7652 No. 216-052-11 This AGREEMENT executed this /0 -day of L*4 2003 , Merle beach Estates, Inc. hereinafter called the OWNER, and the CITY OF ENCI ITAS, 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 one single family dwelling in coniunction with a five parcel Parcel Map (four parcels plus a remainder parcel). 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; McCarter 7652 01-075 • • 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, ;i 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 $ 91Z39,OD (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 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. McCarter 7652 01-075 0 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. a d) Pursue any other remedy, legal or equitable by law for the foreclosure of a lien, I and the OWNER, his/her heirs, successors, assigns and transferees shall payp 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, thei promises and covenants made herein shall not be binding upon the holders, mortgagees, or 'i 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. 6) The OWNER will cause to be constructed, in accordance with CITY standards, at his sole cost and expense, the following improvements: 1) Concrete curb 180 lineal feet. 2) Roadways, a 8 foot strip of paving 205 feet long along property frontage of Andrew Avenue. Minimum paved section 4"AC on 6' Class 2 AB. 3) Grading and Drainage: as required. 4) Concrete Driveway construction. McCarter 7652 01-075 • 5) Grading Clearing and grubbing, as required. 6) Sawcut and remove existing AC pavement 7) 5 foot wide concrete walkway 8) Pavement transitions at each end of the proposed improvements g ~y (Print names under signatures) OWNERS /,~i ~~v A ~?lGNd rs l2Lf Cp:1 ~i~n Pll f f /~t nil Signature of owners to be notarized. Attach the appropriate acknowledgements. CITY ~O NCI I Peter Cota-Robes Director of Engineering Services 1. McCarter 7652 01-075 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. ~ PS A(1 County of On before me, Date Name and Title of Officer (e.g., "Jane Doe, No ry Public")~ 4 personally appeared M,~sCl~s C~G1y-1~ Name(s) of Signer(s) ~I -'iA personally known to me x Ll proved to me on the basis of satisfactory evidence JUUUE SANDRA SHMM Conurddon ~ tall~l Hok1ry Public - Cam Son DhW C~o~M1N VVCkrnmB#wJan1Srm1 Place Notary Seal Above to be the person(s) whose name(s) is><are subscribed to the within instrument and acknowledged to me that he/s~ executed the same in hisn;em„&~ authorized capacity(ies), and that by his~h e 0th e0r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand a official seal. Signature o otary Public 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 Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 61 Mele ❑ Individual Top of thumb here F 1 Corporate Officer - Title(s): Partner - - Limited C General E Attorney in Fact Trustee Guardian or Conservator Ci Other: Signer Is Representing: © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "B" CITY OF ENCINITAS ESTIMATE OF QUANTITIES AND COST Reference: 7652-G Area: Encinitas Andrew Avenue 0 Jjjt5j-[~ No. Quantity Unit Item Unit Price Amount 1. 210 s.f. A.C. Paving (4"A.C. on 6"A.B. min. section) 2.45 $ 515.00 2. 180 I.f. PCC Curb (SDRSD G-4) 13.75 $2475.00 3. 205 l.f. Sawcut existing AC pavement 3.00 $615.00 4 LS Earthwork Grading LS $2400.00 5 900 SF 5 foot PCC Sidewalk 1.65 $1485.00 6 230 SF PCC driveway 3.95 $908.00 Sub-total $8398.00 10% CONTINGENCY $9238.00 Total $9238.00 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 McCarter 7652 01-075 0 0 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Encinitas, County of San Diego, State of California, described as@ follows: 'j That portion of the South Half of Section Thirtythree, Township Twelve South, Range Four West, San Bernardino Meridian, in the City of Encinitas County of San Diego, State of California, according to united States Government Survey Approved October 25, 1875, described as follows: wi Commencing at the Intersection of the Southerly line of Township Twelve South, Range Four West, San Bernardino Meridian, with the Easterly Line of the Atchiso, Topeka and Santa Fe Railway Company's Rights of Way; thence along said Easterly line of right of way North 15 degrees 43'30" West a distance of 257.70 feet; thence North 74 degrees 13'45" East (Record North 74 degrees 14'45" East) a distance of 448.87 feet to the true Point of Beginning; Said Point being the Southeasterly corner of the land conveyed by the South Coast land Company to Morris and Margaretha Conrad by deed dated September 16, 1930 and recorded in Book 1814, Page 325 of Deeds; thence Northerly along said Conrad's Land, North 15 degrees 16'20" West a Distance of 414.07 feet to the Northeasterly corner thereof; thence North 67 degrees 39' East a distance of 204.42 feet; thence South 15 degrees 32'40" East a distance of 437.33 feet; thence South 74 degrees 13'45" West (Record South 74 degrees 14'45" West) a Distance of 205.02 feet to the True Point of Beginning. Said above described property being formerly a portion of Eatonville, in the County of San Diego, State of California, according to Map thereof No. 513, filed in the Office of the County recorder of said San Diego County, March 20, 1888. APN: 216-052-11-00