Lien Agreement for Public Improvements 1993-0445358589
* # 1993 - 0445358
' RECORDING REQUESTED BY: ) 13 —JUL -1993 09 =07 AM
)
CITY OF POWAY ) OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED RETURN TO: ) ANNETTE EVANS, C0TY RECORDER
FEES: 0.00
CITY CLERK )
CITY OF POWAY )
P. 0. BOX 789 )
POWAY CA 92074 )
(For Recorder's Use Only)
Doc. Tax Fee -0-
APN 316- 062 -24
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
Eric 8 Robin Matz
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 /MATZ
y Principal O•gation Not to Exceed - %!/)� 57,576.1.4 590
Interest Rate on Unpaid Balance 5% per annum
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 (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 thisI day of
_71tlatK.k 0 , 1992, at Poway, California.
Pr
By
By
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By:
ATTEST: Jane s L. Bowersox, City Manager
Marjorie K. Wah stem, - City Cler
1 /METZ1
u
GENERAL ACKNOWLEDGMENT
591 CAL -23
State of •California •••••••••••••••••••• ••••• •[ •is the�`Say of "y�� ••• 19� before me,
%1, .' SS. ���.�� CrC/
County of vJ(
the undersigned Notary Public, persoyn�ahly, appeared
❑ personally known tome
154 proved to me on the basis of satisfactory evidence
„r:;,,:'. OFF1ClALSFAL to be the person(s) whose name(s) ww subscribed to the
ANI1A M. BRAWh'E�
° � � NO7AgYWBCIC.fdUEOaNN within instrument, and acknowledged that xecuted it.
Sw 01E60 Wi1NiV WI ESS my hand and off al seal.
bsY Comm. Esoigs Nov.16. 199p �
Notary's Signature
rl.
a
• [XHILIT "A" •
PARCEL 1:
5 9 r.
All that portion of the Northwest Quarter of the Northeast Quarter of
Section 22, Township 14 South, Range 2 West, San Bernardino Meridian,
in the County of San Diego, State of California, according to United
States Government Survey, described as follows:
COMMENCING at a point on the Southerly line of the County Road Survey
No. 987, an relocated, said point being opposite Engineer's Station
110 + 89.06 and also being the Easterly terminus of a 2,360.00 foot
radius curve, concave Southerly; thence Westerly along South Southerly
line and along the arc of said curve, through a central angle of 02
Degrees 54 Minutes 48 Seconds a distance of 120.00 feet; thence South
25 Degrees 42 Minutes 45 Seconds East, 240.51 feet; thence South 65
Degrees 29 Minutes 30 Seconds West, 87.68 feet; thence South 21
Degrees 04 Minutes 00 Seconds East, 175.04 feet to the TRUE POINT OF
BEGINNING; thence continuing South 21 Degrees 04 Minutes 00 Seconds
East, 219.36 feet to an angle point in the Southwesterly boundary of
land described under Parcel 1 in deed to Ruth L. Harris, et al,
recorded September 26, 1962 as File No. 167765 of Official Records;
thence along the boundary of said Harris' land as follows:
South 70 Degrees 52 Minutes 00 Seconds East, 25.00 Leet; North 86
Degrees 46 Minutes 00 Seconds East, 119.84 feet (Record - 119.90
feet); North 16 Degrees 00 Minutes 30 Seconds East, 61.48 feet
(Record - 61.42 feet) to the beginning of a tangent 150.00 foot
radius curve, through a central angle of 13 Degrees 45 Minutes 04
Seconds a distance of 36.00 feet and North 67 Degrees 13 Minutes 00
Seconds West, 75.08 feet to an angle point therein; thence leaving
paid boundary North 65 Degrees 13 Minutes 40 Seconds West, 202.46 feet
to the TRUE POINT OF BEGINNING.
PARCEL 2:
Rights of way for road and public utility purposes over and across
strips of land 60.00 feet in width and 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, all situated in the Northeast Quarter of Section 22,
Township 14 South, Range 2 West, San Bernardino Meridian, in the
County of San Diego, State of California, according to United States
Government Survey, the center line of said strips of land being
described as follows:
BEGINNING at the Southwesterly corner of the property described in
Parcel 1 above, being the Point of Beginning of the center line of
said 60.00 foot strip of land; thence South 70 Degrees 52 Minutes 00
Seconds East, 25.00 feet; thence North 86 Degrees 46 Minutes 00
Seconds East, 119.90 feet to the beginning of the center line of said
40.00 foot strip of land; thence North 16 Degrees 00 Minutes 30
Seconds East, 61.42- feet to the beginning of a tangent curve, concave
Southeasterly and having a radius of 150.00 feet; thence
59 ;3
Northeasterly along said curve, through a central angle of 46 Degrees
41 Minutes 30 Seconds, a distance of 122.24 feet; thence tangent to
said curve North 62 Degrees 42 Minutes 00 Seconds East, 274.42 feet;
thence North 54 Degrees 04 Minutes 00 Seconds East, 124.49 feet to a
point on the Westerly line of 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 Degrees 05 Minutes 40 Seconds East, 214.95 feet and
North 2 Degrees 08 Minutes 30 Seconds West, 335.36 feet to Engineer's
Station 118 + 66.31 in the center line of the aforementioned Road
Survey No. 987, the Southerly line of said 60.00 foot strip and the
Southeasterly line of said 40.00 feet strip to be prolonged Easterly
and Southwesterly, respectively, to their intersection and the
sidelines 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.
EXCEPTING FROM the above described 60.00 foot and 40.00 foot strips
of land those portions thereof included within the boundaries of the
property fiist hereinabove described in Parcel 1.
Said rights of way are for the benefit of and appurtenant to the
property first described in Parcel 1 above and shall inure to the
benefit of and may be used by all persons who may hereafter become the
owners of said appurtenant property or any parts or portions thereof.