1986-580724t
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RECORDER; Please record this document
with no fee, and return it to:
Department of Public Works
Mail Station 0336
Attn:
86 580724
[OF
Fr"I K IA L REf:Of?(3S
OF SAIL DIEGO COUNTY, CA.
19$6 DEC I I PM 3: 4 2
�VUNERA E LYLE
COTY RECORO�R
Space above for Recorder's Use Only
AGREEMENT FOR IMPROVEMENTS NO FEE
Assessor's Parcel IN PUBLIC RIGHT OF WAY UY 2843
No. 256- 110 -21 ORDINANCE 4815 (LIEN CONTRACT) Road
Area twuriLidtu
This AGREEMENT executed this 26 day of September 19 86 , by
and between George F. Goettel (owner),
name
P.O. Box 2068 Del Mar, CA 92014
(address)
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-
WHEREAS, the Owner owns property described as Lot 7 in Block "A"
of South Coast Park Annex, in the County of San Diego, State
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of California, according to Map 1788, filed in the Office of
the County Recorder of San Diego County, March 29, 1924
and
WHEREAS, the Owner is currently proposing to construct an apartment
complex and
WHEREAS, the property is adjacent to an incomplete street, and
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WHEREAS, the improvement will generate more traffic and the Owner has agreed
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to provide the right of way and /or improvements in accordance with Chapter 5 of
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Division I of Title 5 of the San Diego County Code, and
CCSF 84.80(2/77)
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WHEREAS, pursuant to Chapter 5 of Division I of Title 5 of the San Diego County
Code, 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 grant 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;
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.
SECOND: The Owner, in lieu of making the improvements specified herein, and
required by UY 2843 agrees, covenants, and promises that he will
install, construct, or cause to be 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 improvements before Sept. 30, 1987 or
within such further period of time as is hereafter specified by the County;
provided further that upon the happening of either of the following occurrences
said improvements may, at the sole election of the County, be required to be
completed sooner than Sept. 30, 1987 or such extended period of time which
may have been specified by the County:
(a) When the Board of Supervisors 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
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(b) When owners of more than 6O% 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 streets and the County initiates such proceedings. {
Such improvements shall be made without cost or expense to the County. The ...�
County estimates that the cost of construction of said improvements at the time of r
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the signing of this Agreement is $13,100-00 The Owner hereby acknowledges
that said cost is a reasonable estimate of construction costs at this time and that 0
the actual cost of said improvements at some time in the future may exceed this 0 f
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estimate; and the Owner hereby agrees that his obligation under this Agreement
extends to the actual cost of construction of said improvements notwithstanding it "
} may exceed such estimate. i f
l THIRD: That for the faithful performance of the-promises and covenants
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herein contained the Owner hereby grants to the County of San Diego a lien upon
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the property herein described, and in the event the Owner, his successors, heirs,
assigns, or transferees fail to install and construct said improvements in the
f manner and within the time specified herein, he agrees that the County may do all
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of the following:
(a) Install and construct said improvements by contract or otherwise, and C
grant permission to the County or its contractor and his employees to enter upon %Z
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
k property. Said cost and expense shall be 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 completion, r
the County may foreclose said lien as provided by law for the foreclosure of 1-
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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 Director, Department of Public Works 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 heirs, successors, assigns and transferees shall pay
` reasonable attorney's fees to be taxed as a cost in said proceedings.
FOURTH: 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
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.
FIFTH: That at any time during the period herein provided, the Owner, his
heirs, successors, representatives, assigns, or transferees, may place a cash
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deposit or post a form of surety satisfactory to the County 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 Director, Department of Public Works and
' that upon deposit of said cash or posting of said surety the County agrees to
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release the property, or an y portion of it under single ownership, from the
provisions of this Agreement, and to execute any necessary release to enable the
Owner, his heirs, successors, representatives, assigns, or his transferees to clear
v the record title of the property so released of the lien herein imposed.
SIXTH: The improvements required are as follows:
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1. The Owner will upon execution of this Agreement offer for dedication
free and clear of all encumbrances for roadway purposes the
following parcel(s) of land:
sufficient for a total of 30 feet from the
center line of Hermes Ave.
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2. The Owner will cause to be constructed, in accordance with San Diego
Regional Standards, at his sole cost and expense, the following
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improvements:
(strike out items not applicable)
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a. Curb and gutters, 63 lineal feet. Face of curb to be
located 20 feet from the centerline.
b. Sidewalk: 63 lineal feet, 4.5 feet wide.
C. 1 driveway(s), 20 feet wide.
d. Roadways: (1/2 width 30 feet from centerline)
(1) Approximately 63 lineal feet, 8 feet
wide on Hermes Ave. ,
=and apprgximatal lineal feet,
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• SECURED
DEPARTMENT OF PUBLIC WORKS AGREEMENT
COUNTY OF SAN DIEGO
ESTIMATE OF QUANTITIES AND COST
i Reference UY 2843 Area Leucadia Road Hermes Ayenw-
Quantities by J. McGuire -Date September 25, 19 fistimateBy J. McGuire Dat&PptPmhf-r 2c;, 19A6
No.
Quantity
Unit
Item
Unit Price
Amount
1
1
L.S.
Staking & Engineering
1,200.00
2
1
1 1%
Fxrayatinn - Clear0riih
500.00
500.00
3
1
L.S.
Utility Relocation - Fire Hydrant
1,600.00
1,600.00
4
63
L.F.
P.C.C. Curb & Gutter
11.20
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5
284
S.F.
P.C.C. Sidewalk
2.50
71000
6
200
S.F.
P.C.C. Driveway
2.70
540.00
7
500
S.F.
A.C. Pavement
1-qn
7SO nn
8
110
L.F.
A.C. Dike
7.00
77 nn
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EACH
Street Lighting
2,qno-no
2,qon on
10
1
L.S.
Remove Fence, Shrubbery & Trees within Row
i.qnn nn
1 1,51710-00
Subtotal
11,176 nf)
10% Contingencies
1,11A nn
Inspection Deposit
500.00
Materials Lab Deposit
300-00
This is an ESTIMATE ONLY. Quantities, units and sizes may be modified jwd are subject to the approval of TOTAL
1$13,094.00
the final engineering plans by Department of Public Works.
Remarks: LIEN AMOUNT 4t tnn - on
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e. Drainage: as required:
(I ) Apprnximate3y lineal f-ei. Qf inch
p4pe, lipmaj 91;Q+ Q9 4"4-0-�
(3) Approximate! Y 14neal feet e ehaFmel.
f. Other:
(1) A.C. dike taper section-110 l.f.
(2) Relocate fire hydrant
(3) Remove fence, shrubbery and trees within Right
of Way.
GRANVILLE M. BOWMAN Director
Department of Public Works
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George I F. Goettel
'on, ,
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' (individual) O 66^1 - '-------
STATE OF CALIFORNIA
COUNTY OF S.
On this ��C7-11 day of szg;'�hj ecr in the year
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/ . . a Notar. PUMC -~~.~sa==om' onnm�
before me, the ! � ----
Uj Whose name aTISTactory evidencO to be
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and =""mu'nmmmon, -'--^ --
acknowledged
I- WITNESS my hand and official seal.
ROBERT J ELLIOTT MI
Signature
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-- ----- '--- _- / (This area for official notarial �w)
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