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2013-534327 D O C # 2013-0534327 11111 11111 11111 11111 IN IN Recording Requested By: ) AUG 27, 2013 3:55 PM City Engineer ) +� When Recorded Mail TO: h OFFICIAL RECORDS � i�• SAN DIEGO COUNTY RECORDER'S OFFICE City Clerk ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER City of Encinitas ) FEES: 0.00 505 South Vulcan Avenue ) ff PAGES: 7 Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY. AGREEMENT FOR IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY (LIEN CONTRACT) Assessor's Parcel Building Permit: 13-348/13-349 No: 260-074-15 This AGREEMENT executed this 20 day of�, 2013, by and between Jed Staley, Trustee of the Jed Staley Trust UTD 11/30/2009 hereinafter called the OWNER, and the CITY OF ENCINITAS, a municipal corporation 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 the collective addition of more than 2,000 square feet of new habitable space 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; 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 year of the execution of this covenant or within such further period of time unless one or more of the items a through c are satisfied based on the Engineering Director's discretion: 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, 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, C) When the City Council or the City Manager has initiated a capital improvement project for street improvements over an area that includes frontage of the herein described property. 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 $15,522.00. 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. 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. 6) The OWNER will cause to be constructed, in accordance with CITY standards, at his sole cost and expense, the following improvements: 1. Minimum of 24' of paving or 12' from striped centerline on Rubenstein, whichever is more. If the current pavement width is more than this, the pavement shall not be reduced. 2. At the edge of paving, a 6" x 16" PCC flush curb shall be installed parallel with the centerline of the Right-Of-Way. 3. Behind the flush curb, 8' of an approved pervious paver section shall be constructed to accept street runoff and act as a parking spot. The pervious paver parking area shall slope toward the property at 0 % for the first 2' and the slope toward the street from the remaining 6' at sufficient enough slope.to ensure a minimum of 4-6" rise to the property line. 4. Behind the pervious paver parking area, a 5' wide DG pedestrian pathshall be constructed with a cross fall of no more than 2% toward the street. Dated: x'20 2D�3 yaley e of the Jed Staley Trust UTD 11/30/2009 (Notarization of PERMITTEE ign a is at h ) Dated: 2 Z /3 Glenn Pruim, P.E. Director of Engineering & Public Works City of Encinitas EXHIBIT "A" THE PROPERTY REFERENCED BY THIS AGREEMENT IS DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP 17770, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 29, 1996, COMMONLY KNOWN AS 1371 RUBENSTEIN AVENUE, CARDIFF, CA 92007, APN: 260-074-15. ALL-'PURPOSE ACKNOWLEDGMENT State of California County of S0.✓N -D SS. Q Q, S11✓r037 , Notary Public, On O ' 2�— � �� , before me, DATE c personally appeared j� J+e'A-e-'U who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed to the within instrument and ackn.Qkvledged to me that®/she/they executed the samaq &/her/the ir aut horized capacity(ies), and that by 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 PERJURY under the _ ANGELA A. SIMON laws of the State of California that the foregoing �3 NOW WA N paragraph is true and correct. Sew Dew Cowry Mr Corti.Exr.Mu.Z 4017 WITNESS my hand and official seal. -alAI&NOTARY'S SICNA RE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RIGHT. c THUMBPRINT g OF t SIGNER o 0. O F^ APAI/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM X2005-2008 VALLEY-SIERRAINSURANCE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of On _ .2Z Z043 before me, RAVO,4 4,411, .�f/(.GTOye� Date Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s ls/ re subscribed to th within instrument and acknowledged me that he/they executed the same in her/their authorized capacity(ies), and that by his er/their signature(s) on the instrument the RANDA GAIL MILLJOUR person(s), or the entity upon behalf of which the It Commission#1916144 Notary Public- californiaN person(s) acted, executed the instrument. San Diego County A My Commission Exp. Jan. 6, 2015 1 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. / Signature: �c� e Place Notary Seal Above Sig Lure of Notary 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: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): I ❑ Individual ❑ Individual ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: I� I I Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907