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Lien Agreement for Public Improvements 1993-0445355RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED RETURN TO: CITY CLERK CITY OF POWAY P. 0. BOX 789 POWAY CA 92074 APN 316 - 062 -09 ic 574 1 —199'3 1993-044535 09:07 AM OFFICIAi RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER FEES: 0.00 r Recorder's Use Only) Doc. Tax Fee -0- LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT entered into by and between the CITY OF POWAY, a municipal cor- poration of the State of California sometimes hereinafter referred to as "City," and James 8 Christina Bartl sometimes hereinafter referred to as "Property Owner." WHEREAS, Property Owner and City have agreed to the installation of a bridge in the right of way of Cobblestone Creek Road in Poway, California; and WHEREAS, Property Owner represents that Property Owner is the record owner of that real property described in Exhibit "A" attached hereto; and WHEREAS, City has loaned to Property Owner monies equal to the share of cost of said improvements to be paid by Property Owner; and WHEREAS, Property Owner has agreed to repay said monies lent to Property Owner by City and to secure said obligation to repay said loan with this Lien Agreement to be recorded in Property Owner's chain of title; and WHEREAS, the installation of said public improvements has been determined to be in the public interest; and WHEREAS, the loan of monies to Property Owner required to install said improve- ments has been determined to be in the public interest. NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. City shall loan to Property Owner the sum of $7,576.14, which repre- sents one - sixteenth (1/16) of the total amount of the loan of $121,218.24 in connec- tion with the installation of a bridge on Cobblestone Creek Road. Property Owner agrees that the hereinafter described real property does benefit by the installation of said improvements. Property Owner agrees to repay said loan in annual installments to be added to the tax bill of that real property hereinafter described owned by Property Owner. Property Owner agrees to repay said loan in accordance with the following terms and conditions: 1 /BART • 575 Principal Obligation Not to Exceed - $7,576.14 Interest Rate on Unpaid Balance 5% per ann Number of Annual Equal Payments of Principal Plus Accrued Interest - 5 (Payable April 15 of each year) Section 2. As security for the repayment of said loan, Property Owner does hereby grant to City a lien upon the hereinafter described property in an amount not to exceed the principal obligation set forth in Section 1, plus any and all unpaid interest which may accumulate in the future upon said sum. Said lien shall be binding upon the Property Owner and Property Owner's heirs, successors, assigns, exe- cutors, or other transferees in accordance with the terms and conditions hereof. Notwithstanding the agreement of the parties for the repayment of said sum in annual installments to be added to Property Owner's tax bill, the entire unpaid sum of said loan shall be immediately due and payable upon the transfer of ownership of said real property by Property Owner if said real property has been improved with the construc- tion of a residence thereon. Section 3. Upon payment in full of the full amount due hereunder, City shall promptly upon demand of Property Owner release the lien created hereby. Section 4. Upon demand of Property Owner, if not in default hereunder, City shall subordinate this lien to loans not exceeding eighty percent (80X) of the fair market value of the property encumbered hereby. Section 5. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns, executors, and other transferees of Property Owner, shall run with said real property, shall create an equitable servitude upon the real property, and shall survive the foreclosure of any deed of trust of record as of the date of recordation hereof. Section 6. The legal description of the real property encumbered by the lien created hereby is set forth in full on Exhibit "A" attached hereto and by this reference made a part hereof. IN WITNESS WHEREOF the parties have executed this agreement this - day of e v , 1992, at Poway, California. Z LZ By (signatures must be notarized) CITY OF POWAY, a Mun' ipal Corporation By. 3,4: LC J es ATTEST: L. Bowersom, City Manager Marjorie K. Wahls en, city Cl rk 1 /BART1 0 r STATE OF CALIFO IA )ss. 576 „ COUNTY OF 4L/ } /J -E J&zN-�i /0.1919.16tef a me, ,U personal) appeared �+`+IJ �✓ C �} � personally known to me (or proved a to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within u instrument and acknowledged to me that he /she/they executed the same in his /her/their authorized capacity(ies), and that by his / her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. e> OFFICIAL SEAL, ANITA M. BRAWNER 'mac'" •c� NonvnwlxlC cnurogwa WITNESS h d and official seal. /J sev aEao COUNTY .J iM Cantu. Doves Nm, 16.1992 \ Signature 1 (This area for official notarial seal) �t • EXHIBIT "A" • PARCEL 1: 577 All that portion of the North Half of the Northeast Quarter of Section 22, TowNship 14 South, Range 2 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of California, according to Official Plat thereof, described as follows: Commencing at a point on the Southeasterly line of that certain 80.00 foot County Highway (F.A.S. 729 -1), as shown on the Map of the relocation of Road Survey No. 987, on file in the Office of the County Surveyor of San Diego County, said Point of Commencement being opposite Engineer's Station 100 plus 57.22 B. C. on the center line of said highway and being the Westerly terminus of a curve in said Southeasterly line concave Southeasterly and having a radius of 2360.00 feet, a radial line of said curve bearing North 35 degrees 39 minutes 20 seconds West through said point; thence Northeasterly along said curve through a central angle of 04 Degrees 16 Minutes 22 Seconds a distance of 176.00 feet to the Northwesterly corner of the land described in deed to Robert G. Firth, et ux, recorded March 02, 1956 in Book 5998 Page 289 of Official Records; thence along the boundary line of said land as follows: South 03 Degrees 58 Minutes 50 Seconds West, 95.30 feet to a tangent 100.00 foot radius curve, concave Northeasterly thence Southerly and Southeasterly along said curve 133.75 feet; thence South thence 72 Degrees 39 Minutes 10 Seconds East, 185.46 feet to the Southeasterly corner of saidbland the TRUE POINT OF BEGINNING; thence continuing South 72 Degrees 39 Minutes 10 seconds East, 173.47 feet to a tangent 150.00 foot radius curve, concave Northerly; thence Easterly along said curve through a central angle of 15 Degrees 39 Minutes 40 Seconds a distance of 41.00 feet; thence tangent to said curve South 88 Degrees 18 Minutes 50 Seconds East, 99.12 feet to a tangent 250.00 foot radius curve, concave Northerly; thence Easterly along said curve, 84.98 feet through an angle 19 Degrees 28 Minutes 30 Seconds to a point reversed curvature having a radius of 145.76 feet; thence Easterly along said curve 103.60 feet through an angle of 40 Degrees 43 Minutes 30 Seconds; thence tangent to said curve South 67 Degrees 03 Minutes 50 Seconds, East, 53.10 feet; thence South 70 Degrees 52 Minutes 00 Seconds East, 50.00 feet to the Southwesterly corner of the land described in deed to David R. Shepardson, et ux, recorded April 15, 1953 in Book 4821 Page 290 of Official Records; thence North 21 Degrees 04 Minutes 00 Seconds West along the Westerly boundary line of said Shepardson's land 393.10 feet (record 394.40 feet) to the Southerly boundary line of of the land described in deed to Lester Berglund, et ux, recorded March 05, 1956 as File No. 29448 of Official Records; thence South 65 Degrees 29 Minutes 30 Seconds West along said Southerly line, 89.80 feet to the most Southerly corner of said Berglund land, thence South 56 Degrees 43 Minutes 30 Seconds West, 43.31 feet to the TRUE POINT OF BEGINNING. PARCEL 2: LI A right of way for road and public utility purposes Quarter of Section 22 and the Southeast Quarter of South, Range 2 West, San Bernadino Meridian, in the of California, described as follows: 578 E lying within the Northeast Section 15, Township 14 County of San Diego, State A strip of land 60.00 feet in width, the center line thereof being described as follows: Beginning at the most Westerly corner of Parcel 1 described in deed to Harold W. Butler, et ux, recorded December 15, 1964 as File No. 226885; thence along the Southerly boundary line thereof, as follows: South 72 Degrees 39 Minutes 10 Seconds East, 173.47 feet to a tangent 150.00 foot radius curve, concave Northerly; thence easterly along said curve through a central angle of 15 Degrees 39 Mnutes 40 Seconds a distance of 41.00 feet; thence tangent to said curve South 88 Degrees 18 Mintes 50 Seconds East, 99.12 feet to a tangent 250.00 foot radius curve, concave Northerly; thence Easterly along said curve, 84.98 feet through an angle of 19 Degrees 22 Minutes 30 Seconds to a point of reversed curvature having a radius of 145.76 feet; thence Easterly along said curve, 103.60 feet through an angle of 40 Degrees 43 Minutes 30 Seconds; thence tangent to said curve South 67 Degrees 03 Minutes 50 Seconds East, 53.10 feet; thence South 70 Degrees 52 Minutes 00 Seconds East, 50.00 feet to the Southwesterly corner of the land described in deed to David R. Shepardson, et ux, recorded April 15, 1953 in Book 4821 Page 290 of Official Records; thence along the Southerly line of said land, South 70 Degrees 52 Minutes 00 Seconds East, 25.00 feet; thence North 86 Degrees 46 Minutes 00 Seconds East, 119.90 feet to Point "A" of this description, together with a right of way for road and public utility purposes over a strip of land 40.00 feet in width and a right of way for road purposes over strip of land 30.00 feet in width, described as follows: Beginning at said Point "A ", said point being the Point of Beginning of the center line of the 40.00 foot strip of land above mentioned, being also a point in the center line of that certain 40.00 foot radius easement as descibed under Parcel 3 in deed to Holmes S. West, et ux, recorded January 30, 1956 in Book 5956 Page 518 of Official Records; thence along said center line as follows: North 16 Degrees 00 minutes 30 Seconds East, 61.42 feet to a tangent 150.00 foot radius curve, concave Southeasterly, having a central angle of 46 Degrees 41 Minutes 30 Seconds; thence Northeasterly along said curve, 122.24 feet tanget to said curve North 62 Degrees 42 Minutes 00 Seconds East, 274.42 feet, North 54 Degrees 04 Minutes 00 Seconds East 124.49 feet to a point in the Westerly line of the land conveyed to George B. McFetridge, et ux recorded in Book 3158 Page 492 of Official Records, said point being the Southwesterly terminus of the center line of a 30.00 foot easement for road purposes as reserved in said deed to McFetridge and being also the Point of Beginning of the center line of the herein described 30.00 foot strip of land; thence along the center line of said easement reserved in said deed to McFetridge, North 39 Degrees 05 Minuites 40 Seconds East, 214.95 feet and North 02 Degrees 08 Minutes 30 Seconds West, 335.36 feet to Engineer's Station 118 plus 66.31 in the center line of the aforementioned Road Survey No. 987. The sidelines of said 40.00 foot and 30.00 foot strips of land to be prolonged shortened as necessary to terminate in the above mentioned Westerly line of land so conveyed to McFetridge.