Lien Agreement for Public Improvements 1993-0445356I
f # 1993 - 0445356
RECORDING REQUESTED BY: ) 579 13 —JUL -1993 09 =07 AM
CITY OF POWAY j OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED RETURN TO: ) ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
CITY CLERK
CITY OF POWAY )
P. 0. BOX 789 )
POWAY CA 92074 )
1 (For Recorder's Use Oniv)
APN 316 - 062 -22
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
8 TRACEY CHEW
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 /CHEW
Principal 0 ligation Not to Exceed -
Interest Rate on Unpaid Balance
Number of Annual Equal Payments
of Principal Plus Accrued Interest -
(Payabie April 15 of each year)
580 •$7,576.14
5% per ann
5
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 (80 %) 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/4 7*-Aay of
1Zft;; aZ , 1992, at Poway, California.
Property Owner:
John Chew
3
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By:
ATTEST: 1111 es L. Bowersox, City Manager
Marjorie K. Wahls en, CIty C er
1 /CHEW1
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STATE OF CALIFO A
COUNTY OF �,✓q�+C/
T-fefore me,
personally
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581
V personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
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.
OFFICIAL N
WITNESS my /� /jldd and official seal. � //'�'y�) ~T�f � = NOTAR MeaC
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• • 582
EXHIBIT "A"
PARCEL 1:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 22, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF BEGINNING OF A 2,360.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY IN THE SOUTHERLY LINE OF THE COUNTY
HIGHWAY, 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 BEING OPPOSITE ENGINEER'S STATION 11-0 PLUS
89.06 IN THE CENTER LINE OF SAID HIGHWAY; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02054'48" A DISTANCE
OF 120.00 FEET TO A POINT THROUGH WHICH A RADIAL LINE OF SAID
CURVE BEARS NORTH 13 56'08" WEST; THENCE LEAVING SAID SOUTHERLY
LINE OF SAID HIGHWAY, SOUTH 25'42'45" EAST, 240.51 FEET TO THE
TRUE POINT OF BEGINNING, BEING AN ANGLE POINT IN THE BOUNDARY
LINE OF THE LAND CONVEYED TO DAVID R. SHEPARDSON AND WIFE, BY
DEED RECORDED APRIL 15„ 1953 AS DOCUMENT NO. 51726 IN BOOK
4128, PAGE 290 OF OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY
LINE OF THE FOLLOWING TWO COURSES THE DISTANCES; SOUTH
65'29'30" WEST, 87.68 FEET TO AN ANGLE POINT AND SOUTH 21'04'00"
EAST, 175.04 FEET; THENCE SOUTH 65'13'40" EAST, 202.46 FEET,
MORE OR LESS, TO AN ANGLE POINT IN THE NORTHERLY LINE OF THE
LAND DESCRIBED IN DEED TO HELEN J. SHEPARDSON, RECORDED AUGUST
3, 1956 AS DOCUMENT NO. 107662 IN BOOK 6502, PAGE 227 OF
OFFICIAL RECORDS; THENCE SOUTH 67'13'00" EAST ALONG SAID
NORTHERLY LINE, 75.08 FEET TO A POINT IN THE ARC OF THE 150.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY IN THE SOUTHEASTERLY
LINE OF SAID DAVID R. SHEPARDSON LAND, A RADIAL LINE OF SAID
CURVE BEARING NORTH 60'14'26" WEST TO SAID POINT; THENCE ALONG
THE BOUNDARY LINE OF LAST MENTIONED SHEPARDSON LAND,
NORTHEASTERLY ALONG THE ARC OF SAID CURVE 86.24 FEET AND NORTH
62. 42'00" EAST, 30.71 FEET TO THE SOUTHEAST CORNER OF SAID LAND;
THENCE CONTINUING NORTH 62042'00" EAST, 67.61 FEET TO THE MOST
SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO ROBERT LEE LEMIRE,
ET UX, RECORDED JUNE 26, 1969 AS FILE NO. 114808 OF OFFICIAL
RECORDS; THENCE ALONG THE SOUTHWESTERLY BOUNDARY THEREOF NORTH
48'20'50" WEST, 176.95 FEET AND NORTH 30'31'20" WEST,, 140.97
FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 81'13'40"
WEST 181.32 FEET TO THE TRUE POINT OF BEGINNING.
583
PARCEL 2:
A RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER AND
ACROSS A STRIP OF LAND 40.00 FEET IN WIDTH, AND A RIGHT OF WAY
FOR ROAD PURPOSES OVER AND ACROSS A STRIP OF LAND 30.00 FEET IN
WIDTH, THE CENTER LINE OF SAID TWO STRIPS OF LAND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THE 150.00 FOOT
RADIUS CURVE IN THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED
PROPERTY, BEING THE POINT OF BEGINNING OF SAID 40.00 FOOT STRIP
OF LAND; THENCE NORTHEASTERLY ALONG SAID CURVE 86.24 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 62'42'00" EAST, 274.42 FEET;
THENCE NORTH 54'04'00" EAST, 124.49 FEET TO A POINT ON THE
WESTERLY LINE OF THE LAND CONVEYED TO GEORGE B. MCFETRIDGE AND
WIFE, BY DEED DATED JANUARY 12, 1949 AND RECORDED IN BOOK 3158,
PAGE 492 OF OFFICIAL RECORDS; SAID POINT BEING AT 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 SAID CENTER LINE OF SAID EASEMENT, RESERVED IN SAID DEED,
NORTH 39'05'00" EAST, 214.95 FEET AND NORTH 02 08'30" WEST,
335.36 FEET TO ENGINEER'S STATION 118 PLUS 66.31 IN THE CENTER
LINE OF THE AFOREMENTIONED ROAD SURVEY NO. 937, THE SIDE LINES
OF SAID 40.00 FOOT AND 30.00 FOOT STRIPS OF LAND TO BE PROLONGED
OR SHORTENED AS IS NECESSARY TO TERMINATE IN THE ABOVE
MENTIONED WESTERLY LINE OF LAND SO CONVEYED TO MCFETRIDGE.
EXCEPT FROM SAID 40.00 FOOT STRIP OF LAND, THAT PORTION THEREOF
LYING WITHIN THE BOUNDARIES OF PROPERTY FIRST ABOVE DESCRIBED.