1978-220580 2.390 , O ;
; RECORDER: F @� 1�AOE KO1973
UAO�S19T8
Please record this document with no fee, nCO&80Ep REQUEST OF
and return it to: n I r
MAY 32
E: Dept. of Transportation '
` Mail Station 0336 OFFICIAL RECORDS
Attn: Der,aney SAlt DIEGO t QuNTY.CALtF.
IiARI.EY F.BLOOM
RECORDER 'f
No FEE I m #
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SPACE ABOVE FOR RECORDER S USE ONL
AGREEMENT FOR IMPROVEMENTS y
IN PUBLIC RIGHT OF WAY UY 1151 g
Assessor's Parcel N { ,
258-034-17 & -18 ORDINANCE 4$15 (LIEN CONTRACT) Road Second Street
4 No Area
#' This AGREEMENT executed this
day of 19 , #
4. (Owner)
by and between William M. Owens and Susan P.J. Owens i
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610 Second Street, Encinitas CA 92024 �,m pt
1. address
{ also called the developer, and the COUNTY OF SAN DIEGO, a political sub-
hereinafter 0 �f
division of the State of California, hereinafter called the County, is as follows:
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WITNESSETH:
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WHEREAS, the Developer owns property described as Lot 14 and the Southerly !
gar.
40 feet of Lot 15. in Block 2 of Encinitas according to Ma thereof No. 148 filed in {,
k the office of the County Recordef of San Diego County June 12 1883. j
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`. WHEREAS, the Developer is currently proposing to cpnstruct a Nine unit Motel mn
and
WHEREAS, the property is adjacent to an incomplete street, and 1
WHEREAS, the improvement will generate more traffic and the Developer has
agreed to provide the required right of way and/or 'improvements in accordance with
Chapter 5 of Division 1 of Title 5 of San Diego County Code. PI
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€ MAG Card #2-10
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CCSF, 84.80, 2/77 ;t 0 '•
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NOW, THEREFORE, IT IS AGREED as follows: 1 n
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1. The Developer will upon execution of this agreement r
a. Offer for dedication free and clear of all encumbrances for
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roadway purposes the following parcel(s) of land:
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2. The Developer will cause to be constructed, in accordance with {D
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San Diego County Standards, at his sole cost and expense, the following improvements: 'v
(strike out items not applicable) M
a. Curb and gutters, lineal feet. a.
b. Sidewalk: Linea feet, feet wide.
feet wide. n
C. driveways,
d. Roadways: (1/2 width
feet from centerline) C
line feet feet wide Z
(1) Approximately .�
on
and approximately
lineal eet feet wide
on
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E. Drainage: As required
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(1) Approximately lineal feet of inch •�
pipe, lineal feet of inch pipe.
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(2)
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(3) Approximately lineal feet of Channel. =O
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WHEREAS, pursuant to Chapter 5 of Div. 1 of Title 5 of the San Diego County n 3
Code, the Director of Transportation has recommended that construction of those
improvements required by the County to be constructed by Owner be postponed and that
the Owner is required to execute an agreement to construct said improvements in the m
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future and granting a lien to County upon said property to secure the cost of con-
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struction of said future improvements; and '0
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: N '
FIRST: The County agrees to accept the dedications, if any and upon the completion f D
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of the improvements required herein to the satisfaction of the Director of Transportation
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the County agrees to dedicate said improvements to the public for public streets. `
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SECOND, The Owner, in lieu of making the improvements specified herein, and as
required by UY1151 agrees, covenants and promises that he will install, construct o
or cause to be installed or constructed the improvements herein set forth at a time n
satisfactory to County provided, however, that the Owner shall not be required to OY'
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complete said improvements before June 1, 1979 or within such further period of Z
time as is hereafter specified by County; provided further that upon the happening
of either the following occurrences said improvements may, at the sole election of E
the County, be required to be completed sooner than June 1, 1979 or such D
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extended period of time which may have been specified by County:
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(a) When the Board of Supervisors of County of San Diego has initiated assess-
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ment proceedings over an area between intersecting streets on both sides
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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 r i
on both sides of the street upon which property herein described has frontage; 0
have petitioned the County to form an improvement district for the improvement
of said streets and the County initiates such proceedings. �70
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Such improvements shall be made without cost or expense to the County. The T
County estimates that the cost of construction of said improvements at the time of ( �
the signing of this contract is $6 600.00 D
9 9 � Owner hereby acknowledges r
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 1. n
estimate; and Owner hereby agrees that his obligation under this agreement extends ,
to the actual cost of construction of said improvements notwithstanding it may exceed
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such estimate. �V1
THIRD: That for the faithful performance of the promises and covenants herein A
contained the Owner hereby grants to the County of San Diego a lien upon the property Z
herein described, and in the event the Owner, his successors, heirs, assigns, or trans- v
ferees fail to install and construct said improvements in the manner and within the timem�
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.specified .herein, he agrees that the County may do all of the following: O ,
(a) Install and construct said improvements by contract or otherwise, and grant
permission to the County or its contractor and his employees to enter upon n
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any portion or portions of the property reasonably necessary for said con- C
struction, 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 successors, heirs, assigns or assignees, immediately upon _
completion of said improvements, and in the event the same is not paid D
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within thirty(30) days from said completion; the County may foreclose r
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said lien as provided by law for the foreclosure of mortgages, and the
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Owner agrees that the amount of said lien shall include reasonable attorney's ;n
fees which shall be taxed as a cost in any suit for such foreclosure. W
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r (b) Direct the Director of Transportation to estimate the cost of the work ' y0
required to complete said improvements and foreclose said lien in said amount. Q
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(c) Foreclose said lien as a mortgage.
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(d) Pursue any other remedy, legal or equitable by law for the foreclosure of
and the Owner, his heirs and assigns, shall pay reasonable attorney's n '
a lien,
fees to be taxed as a cost in said proceedings. r--
FOURTH: That it is agreed that anything herein contained to the contrary not-
on the M '
withstanding, the promises and covenants made herein shall not be binding up n
holders, mortgages, or beneficiaries of any purchase money mortgage or trust deed, for 0
oValue which has been or may in the future be executed by the Owner, his heirs, successors,
esentatives, or assigns, and the lien hereby created shall be and is hereby subor- ' N
repr such
dinated to and declared to be inferior and subsequent in lien to the lien of any ICA
The lien hereby created shall likewise be of D
purchase money mortgage or trust deed. Z
whose title to the property hereinafter described
no force or effect against any owner v
is acquired by or as a result of a foreclosure or trustee's sale of any such first ,;f
mortgage or first trust deed.
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FIFTH: That at any time during the period herein provided, the Owner, his heirs, n
and assigns or transfere
deposit a cash bond or post a surety performance
es, may
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satisfactory to the County to charge said surety with the cost of said improvements, C
the amount of bond to b as ascertained by the
e the estimated cost of improvements,
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Director
of Transportation and that upon deposit of said cash or posting of said bond -{
agrees to release the property, or any portion of it under single ownership, _
the County D
from the provisions of this agreement, and to execute any necessary release to enable i
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r the record title of the
the Owner or his transferee to clea property so released of R1
the lien herein imposed.
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SIXTH: red are as follows:
The improvements requi
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See attached estimate
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William M. Owens Owner r
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Susan P. J. Owens wner n h.
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R. J. MASSMAN � j•
Director of Transportation
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To 1944 CA 10.74) .I +
�TITIE INSURANCE
( ndividual) ANDTRUST
STATE OF CALIFORNIA Ancan COMPANY
SS. W
l� COUNTY OF San DieQO r
O May 26, 1978 —before me,the undersigned,a Notary Public in and for said i aO
I State,personally appeared - William M. Owens and Susan P. J. Owens,
W 0
_ ,known to me
nibscribed
y a to be the person-5�whose name S are
theV_ OFFICIAL SEALI
to the within instrument and acknowledged that - - a /�* .'SAE CHrNEY
rn executed the same.
NOTARY Pl1 at.IC CALIFORNIA m -
WITNESS my hand and official seal. •yi PRINCIPAL OFFICE IN .�
_ SAN DIEGO COUNTY
y 1 MY 'COMMISSIon EKPIn• JDIY 26, 1953
t.i Signature.
Annamae Cheney f
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(This area.for official notarial seal) i ` )j
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DEPARTMENT OF TRANSPORTATION r
COUNTY OF SAN DIEGO ii n
ESTIMATE OF QUANTITIES AND COST '
Road Survey No. Road Name Second Street
From Station to Station Road No.
Contract Co-op
Budget Force Account i of
R.I.LD'. M Ij
Reference =1151 Work Order No: i '
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Date
Date
Checked by
Quantities by 0 1 i
5_ 5-78 Checked by .
Estimate by T� -
No. Quantity Unit
Item Unit Price Amount
f 1 000 0A N ii
gingering
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450-100 '� (A
Tnsppntion
2 00 5 600 00
s ?{
4.00 400.00
4 1 each P.C.C. Alley apr6n v s}
SUBTOTAL $b,000.00 di .
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10% CONTINGENCY
� 600.00
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##'s TOTAL
L6,6 0 0 00 p
4 Remarks -
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Form DOT 28 (5/78) S{