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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 m LL T d m {7 ■ 0 0 STATE OF CALIFO A COUNTY OF �,✓q�+C/ T-fefore me, personally E 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 (!�`�'�[L 'i L�LI/ ." i n SiV 71CLO C My CMM ER9.rl5 N Sinnahvw (This area for official notarial seal) I f :r • • 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.