1986-417308 86 4 17308
2074 _
[ tf.c'ORDED IN "
OF SAN Uit co cou�,t�t)S{
RECORDER: Please record this document UY.C,,.�
with no fee, and return it to: 1986 SEP 22 AM !Q 32
Department of Public Works !'
VERA L.t rt E
Mail Station 0336 COUNTY IiECORd
Attn: Charles E. Moore -J
Recorded Request of
Department of Public Works Space above for Recorder's Use Only
NO FEE
i
AGREEMENTS FOR IMPROVEMENTS R 86-020 0.
i Assessor's Parcel IN PUBLIC RIGHT OF WAY Encinitas ; 0
No. 257-040-21 REZONE (LIEN CONTRACT)
This AGREEMENT executed this ' � day of 19�, by and between v
4&2
LEUCADIA, BOULEVARD, LIMITED, a limited partnership , hereinafter called the Owner, and the
COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter called ;
the County, is as follows:
WITNESSETH: a
jWHEREAS, the owner owns property described as Parcel 1: Lot 1 of Section 11, Township t rn
13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of 0
California, according to Official Plat thereof; Parcel 2: that portion of Lot 1, of RANCHO
O
LAS ENCINITAS, in the County of San Diego, State of California, according to Map thereof C,
No. 848, filed in the Office of the County Recorder of San Diego County June 27, 1898, Z
which lies southerly of the westerly prolongation of the common line between Lots 11 and
rI 12, of said Rancho Las Encinitas, also known as Assessor's Parcel No. 257-040-21 and
WHEREAS, the Owner is proposing that his property be reclassified from RS3 to RU7, S80 m.
s and RS7. E*
WHEREAS, the property is adjacent to an incomplete street, and
WHEREAS, Use of the property under the zoning requested will generate more traffic and
r
S the Owner is required to provide the right of way and improvements in accordance with
standards specified in Chapter 5 of Division I of Title 5 of San Diego County Code, and m`
I
io
. A .
�h
I .
R ,R,86-010
2075
'a WHEREAS, pursuant to Chapter 5 of Division I of Title 5 of the San Diego County Code,
f1 the Director, Department of Public Works has recommended that construction of those
improvements required by the County 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 chant a lien to the County 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; 0
NOW THEREFORE, it is agreed by and between the parties hereto as follows:
FIRST: -The County agrees to accept the dedications, if any, and upon the completion
of the improvements required herein to the satisfaction of the Director, Department of
Public Works, agrees to dedicate said improvements to the public for public streets.
Z
SECOND: The Owner, in lieu of making the improvements specified herein, and required
Qf
by R86-020 agrees, covenants, and promises that he will install, construct, or cause to be "'M
installed or constructed the improvements herein set forth at a time satisfactory to the
County provided, however, that the Owner shall not be required to complete said improve-
a ments before August 10, 1987, or within such further period of time as is hereafter Q'
specified by the County: �+
j
(a) When the Board of Supervisors of the County of San Diego 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 C
II (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 County to form an improvement district for the improvement of said
I8
streets and the County initiates such proceedings.
r M:
DO
—
�I
la•
w
R86-010 °Y
Such improvements shall be made without cost or expense to the County. The County
estimates the Owner's share of the cost of construction of said improvements at the time of
the signing of this contract is $4,400.00. 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 obligation under this agreement extends to the actual cost of construction
} m
of said improvements notwithstanding it may exceed such estimate.
0
THIRD: That for the faithful performance of the promises and covenants herein M
contained the Owner hereby grants to the County of San Diego a lien upon the property a
herein described, and in the event the Owner, his successors, heirs, assigns, .or
transferees fail to install and construct said improvements in the manner and within the , .
time specified herein, he agrees that the County may do all the following: 2:
(a) Install and construct said improvements by contract or otherwise, and grant 0
1 permission to the County or its contractor and his 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
P payable by said Owner, his 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 1.
completion, the County may foreclose said lien as provided by law for the
foreclosure of mortgages, and the Owner agrees that the amount of said lien shall m
� include reasonable attorney's fees which shall be taxed as a cost in any suit for
such foreclosure.
(b) Direct the Director, Department of Public Works to estimate the cost of the work
4
required to complete said improvements and foreclose said lien in said amount. "!
(c) Foreclose said lien as a mortgage.
w'M,.
tit
f
R86-olo 2077
(d) Pursue any other remedy, legal or equitable by law for the foreclosure of a lien,
v �.
and the Owner, his heirs, successors,, assigns, and transferees shall a .�.
reasonable attorney's p y r
i
Y fees to be taxed as a cost in said proceedings.
FOURTH: r;
That it is agreed that anything herein contained to the contrary
notwithstanding, the promises and convenants made herein shall not be binding
.
upon the holders nding
, mortgagees, or beneficiaries of an
deed, for value which has been or may in the f Y Purchase money mortgage or trust
future be executed by the Owner, his heirs, 0
successors, representatives, assigns or transferees, and the lien hereby created shall be Q
and is hereby subordinated to and declared to be inferior and subsequent i
lien of any such purchase money mortgage or trust deed n lien to the W
, `
The lien hereby created shall
likewise be of no force or effect against any owner whose title to the ro er
described is acquired by or as a result of a foreclosure or trustee's salepof anyesuch
u
first mortgage or first trust deed.
FIFTH: That at any time during the period herein provided, the
Owner, his heirs,
successors, representatives, assigns, or transferees, may deposit a c 0
surety performance bond satisfactory to the County to charge said surath bond or post a
0
said said improvements, the amount of bond to be the estimated cost of y with the cost of
C,9
ascertained by the Director, Department of Public 6 at upon�orks and that improvements, as Z
deposit of said cash
or posting of said bond the County agrees to release the ert Yro or an
under single ownershi p p ' Y portion of it
p, from the provisions of this agreement, y
and to execute an
release to enable the Owner,
his heirs, successors, representatives, assigns, orhiscessary
transferees to clear the record title of the property so release
imposed . d of the lien herein
—4—
77,177,77177.
0
r ,.
X'
' R86-010 i
2078
ym
SIXTH: The improvements required are as follows:
"$ The Owner's share in participation in the cost of a traffic
signal installation at the intersection of SA680 with El Camino
Real shall be $4,400.00. { R
It is also agreed that this contractual obligation 0
.G igation is � O
enforceable only at the time of issuance of building permits o
i r M
by August 10, 1987 for a usage which represents an increase in
i
density as granted in GPA 86-02 by the County of San Diego Board
of Supervisors. ul
By: r "
By:
z
RECOMMENDED:
By:
1 GRANVILLE M. BOWMAN, Director .�
!f Department of Public Works
m
.� yA Approved and/or authorized by the Board COUNTY OP SAN DIEGO
.i
of Supervisors of the County of San Diego
By: �.
KATHRYN A. NELSON, Clerk of the
Board of Supervisors t
Clerk of the Board of Supervisors
—5— D1;MAP/PROCESS — 7/28—LIEN/2
lY� l
r
\ AN
r
4a
j (General Partners.Limited Partnership)
1 STATE OF CALIFORNIA
i, COUNTY OF San Diego SS. 2079
3
:$
On this
day of y Angnat in the year 1980 before me, the undersigned, '
a Notary Public in and for said State,personally appeared
W (personally known to me)(proved to me on the basis of satisfactory evld nce)to be !' k
#; = the general partners of a limited partnership that executed —
the within instrument,and acknowledged to me that such
-ii partnership executed the same.
CL
I
a ` M
WITNESS my hand and official seal.
OFFICIAL SEAL
JOAN JONES
+ m NOTARY PUBLIC-CALIFORNIA i
' SAN DIEGO COUNTY
' Signature My Comm. expires JUL 19, 1989 �+ j I O
i
' DPW Form_ 182(7/82) 6
(This area for official notarial seal)
_.. I
f STATE OF CALIFORNIA) ss.
a COUNTY OF SAN DIEGO)
On this day of
ROBERT D. ZUMWALT, Count in the year / 7efore me, {'n
Of the County of San DieYoCler and ex-officio Clerk of the Superior Court
to me to be the Clerk ofg the pBoard aOfYSupervisor oKATHRYN aid
NELSON, known
known to me to be the person who executed the within instrument on behalf jin
Of said Count County, and
County, and acknowledged to me that such County executed the same. `
ROBERT D. ZUMWALT, County Clerk and ex-officio C
Clerk of the Superior Court
v By
(SEAL)
Deputy
r
i
f
is b P
I�rn
I ry =0
I
i
v. '