Agreement for Improvements in Public Right of Way 81-123254'RECORDER; 317
Please record this document with no fee,
and return it to:
City Clerk
City of Poway
P.O. Box 785
Poway, CA 92064
Si= 123254
FILE/PAGE NO.
800` 1981
REAUtp tif' EP ;go
Department of General Services
APRZZ 119NT
OFFICIAL F—CORDS
SAN DIEGO COUNTY, CA,
VERA L. LYLE NO FEE
RECORDER
SPACE ABOVE FOR RECORDER'S
USE ONLY
AGREEMENT FOR IMPROVEMENTS
IN PU3LIC RTGHT OF WAY P 65-098M2W' (UT-1859)
Assessor's Parcel SPECIAL USE PERMIT Road Espola mabad
No. 273 - 820 -08 (LIEN CONTRACT) Area Poway
This AGREEMENT executed this day of , 19 ,
by and between
Church of the Incarnation
of San Diego County, Ca., 16889 Espola Road, Poway, Ca. 92064
,address
hereinafter also called Owner, and the CITY OF POWAY, a political subdivision
of the State of California, hereinafter called the City, is as follows:
and
14ITNESSETH:
WHEREAS, the Owner owns property described as a portion of Section 26
Township 13 South, Range 2 West. San Bernardino Base and Meridian as described
in deed to the Lutheran Church of the Incarnation of San Diego County, Calif.,
recorded May 14 1965 as document No. 86946 of official records filed in the
Office of the County Recorder of the County of San Di
WHEREAS, the Owner is currently proposing to
construct a church addition
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 required right of way and /or improvements in accordance
with Chapter 5 of Division 1 of Title 5 of San Diego County Code.
JFD 602
and
318
WHEREAS,'pursuant to Chapter 5 of.Div. 1 of Title 5 of the San Diego County
Code, the City Engineer has recommended that construction of those improvements
required by the City to be constructed by Owner be postponed and that the Owner
is required to execute an agreement to construct said improvements in the
future and granting 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:
FIRST: 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 the City agrees to dedicate said improvements to the public for
public streets.
SECOND: The Owner, in lieu of making the making the improvements specified
herein, and as required by P65- 098M2W 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 City provided
however, that the Owner shall not be required to complete said improvements
before March 1, 1982 or within such further period of time as is hereafter
specified by the City; provided further that upon the happening of either
of the following occurrences said improvements may, at the sole election of
the City be required to be completed sooner than March 1, 1982 or such
extended period of time which may have been specified by the City.
(a) When the City of Poway 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 property herein
described has frontage, have petitioned the City to form an improve-
ment district for the improvement of said streets and the City
initiates such proceedings.
JDF 603
3 t 9
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 contract is $6.100.00 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 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.
THIRD: That for the faithful performance of the promises and covenants
herein contained the Owner hereby grants to the City of Poway a lien upon 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
manner and within the time specified herein, he 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 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 successors, heirs, assigns or assignees,
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.
Cc) Foreclose said lien as a mortgage.
JFD 604
320
(d) Pursue any other remedy, legal or equitable by law for the foreclosure
of a lien, and the Owner, his heirs and assigns, 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, mortgagors, 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, or assigns, 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 hereinafter 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, and assigns or transferees, may deposit a cash bond or post a surety
performance bond satisfactory to the City to charge said surety with the cost of
said improvements, the amount of bond to be the estimated cost of improvements,
as ascertained by the City Engineer and that upon deposit of said cash or posting
of said bond the City agrees to release the property, or any portion of it under
single ownership, from the provisions of this agreement, and to execute any
necessary release to enable the Owner or his transferee to clear the record
title of the property so released of the lien herein imposed.
SIXTH: The improvements required are as follows:
JFD 605
NOW, THEREFORE, IT IS AGREED as follows: 3 2 1
I. The Developer will upon execution of this agreement
a. Offer for dedication free and clear of all encumbrances
for roadway purposes the following parcel(s) of land:
2. The Developer will cause to be constructed, in accordance with
San Diego Regional Standards, at his sole cost and expense, the following
improvements:
f. Other:
1. Relocate power pole.
2. Remove existing A.C. dike, as required.
JFD 606
(strike out items not applicable)
a.
Curb and gutters, 13
lineal feet.
Face of curb to be located
41
feet from
centerline.
b.
Sidewalk: 13 lineal feet,
4.5
feet wide.
C.
-- driveway(s),
--
feet wide.
d.
Roadway(s): (1/2 width sl
feet
from centerline)
(1) Approximately 13
lineal feet
20 feet
wide on Espola Road
,
and approximately --
lineal
feet
feet wide on --
e.
Drainage: As required.
(.1) Approximately
lineal feet of inch
pipe, lineal
feet of
inch pipe.
(2)
inlet(s).
(3) Approximately
lineal
feet of Channel.
f. Other:
1. Relocate power pole.
2. Remove existing A.C. dike, as required.
JFD 606
Road Survey No
From Station _
Budget
Force Account
DEPARTMENT OF TRANSPORTATION
COUNTY OF SAN gIEGO
ESTIMATE OF QUANTITIES AND COST
Road Name Esoola Road /Poway
to Station Road No.
Contract Co-op
R.I.D.
322
Reference P65- 098M2W Work Order No.
Date Date
Quantities by
Estimate by _
MB
2/17/81 Checked by
Checked by
No.
Quantity
Unit
Item
Unit Price
Amount
1
1
L. S.
Staking and Engineering
S00.00
500.00
2
1
L. S.
Utility relocation
4,500.00
4,500.00
3
13
L. F.
P.C,C, curb and gutter
8.00
104.00'
4
58
S. F.
P.C.C. sidewalk
1.65
96.00
5
250
S. F.
A.C. pavement
1.18
295.00
6
13
L. F.
Removal A.C. dike
3.00
39.00
Subtotal
$ 5,534.00
10% Contingencies
SS3.00 .
TOTAL
6,087.00
Remarks
USE $ 6,100.00
Form DOT 31 (5/78)
Approved:
e
r H.E. SORLIE
hW1 -w�e Assistant DimcCor
of Public Vkfks
K. J. MASSMAN
/ City Engineer (Acting)
Accepted:
CITY OF AY.
as
STATE OF CALIF RN11
f.Ol'NTl' OF I SS.
'e C0 before me.
°. the undersigned, a Nma y Publics in an for said County and State
�?person Y Bred C —�� /�
no to rite to I he President, and
o � ,known to me to be
C Segrtary ed the rorporatioa that executed the
°- within Instrument, known to me to be the persons who executed the
o`o within In °voment on behalf of the corporation therein named, and
acknowledged to me that such corporation exeruted the within
u' instrument pursuant to its bylaws or a resolution of its board of
directors.
i
U Signature
—/—s t) �l t C. P� c B59
V�
Name I yprd or Printed)
Notary Public in and for said County and State
323
The Lutheran Church of the Incarnation
of San Diego County
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
s JUNE C ROBERTS
ci< NOTARY PUBLIC - CALIFOR P:IA
SAN DIEGO COUNTY
n
My comm. expires AUG 27, IK4 S
JFD 607