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Lien Agreement for Public Improvements 1993-0571238DOC # 1993- 0`71L38 31 -AUG -1993 0$ =55 AM RECORDING REQUESTED BY: ) CITY OF POWAY ) 2 02 (; 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. O. BOX 789 f POWAY, CA 92074 ) (For Recorder's Use Only) APN 316 - 062 -31 Doc. Tax Fee -0- LIEN AGREEMENT FOR PUBLIC THIS AGREEMENT entered into by and between the CITY OF POWAY, a municipal corporation of the State of California sometimes hereinafter referred to as "City," and Doug & Jeri Winberg sometimes hereinafter referred to as "Property Owner." WHEREAS, Property Owner and City have agreed to the installation of certain improvements 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 improvements 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 represents one - sixteenth (1/16) of the total amount of the loan of $121,218.24 in connection 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 hill 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: Principal Obligation Not to Exceed - $7,576.14 Interest Rate on Unpaid Balance - 58 per annum Number of Annual Equal Payments of Principal Plus Accrued interest - 5 (Payable April 15 of each year) l.J 2021 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, executors, 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 construction 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 17 --A, day of 4(1C US % , 1993, at Poway, California. Property Owner: By By tsignacuree muec us nucarizeu) CITY OF POWA a Municipal Corporation By: es L. Bowersox, City Manager ATTEST: Marjorie K. Wah sten,'City ClerW CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CAL I FO, ^1 /q County of 59Al Ib1E'f?0 On AV. 171993 before me, -U-A �O��y Py�1 c DATE NAME. TITLE OF OFFICER - E.G., JANE DOE. NOTARY PUBLIC' personally appeared BUG kVLA0Ee�C � JE2i LdiyBER NAM (S) OF SIGNER S) OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized .LAMES LEATHERS capacity(ies), and that by his /her /their <' ..�z =$.' comm. ve99oo = signature(s) on the instrument the person(s), i -O ` NOtory Public — Cofirorr»a SAN DIEGO COUNTY or the entity upon behalf of which the My Comm. EspiresAPR 4, 1997 person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. OPTIONAL SECTION Nc 593 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to till m the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUALS CORPORATE OFFICER(S) TITLE(S) ❑ PARTNERS) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT L(EW AF6"CA(7_ NUMBER OF PAGES S DATE OF DOCUMENT S SIGNER(S) OTHER THAN NAMED ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7194 • Canoga Park, CA 91309 71 84 EXHIBIT "A" 210 9 J DESCRIPTION PARCEL 1: 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 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN 80,00 FOOT COUNTY HIGHWAY (F. A. S. (1) ) , AS SHOWN ON THE MAP OF THE RELOCATION OF ROAD SURVEY NO. 987, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, SAID POINT BEING OPOSITE ENGINEER'S STATION 110 PLUS 89.C8 E. C. IN THE CENTER LINE OF SAID HIGHWAY AND BEING ALSO THE EASTERLY TERMINUS OF A CURVE IN SAID SOUTHERLY LINE CONCAVE SOUTHEASTERLY AND HAVING RADIUS OF 2360.00 FEET] THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 °54'48' A DISTANCE OF 120.00 FEET TO A POINT THROUGH A RADIAL LINE OF SAID CURVE BEARS NORTH 13'56'08" WESTI THENCE LEAVING THE SOUTHERLY LINE OF SAID HIGHWAY SOUTH 25 °42'45' EASTI THENCE NOPTH 81 013'40" EAST 181.52 FEET; THENCE SOUTH 28.29' EAST 305.45 ?EE: TO A POINT IN THE CENTER LINE OF THAT CERTAIN 40.00 FOOT EASEMENT FOR ROAD PURPOSES, AS DESCRIBED UNDER PARCEL 90. 3, IN DEED TO HOLMES S. WEST, ET UX, RECORDED JANUARY 30, 1956, PAGE 518 OF OFFICIAL RECORDS. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SAID CENTERLINE, SOUTH 62 -42' WEST, 30.71 FEET TL A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLYI THENCE SOUTHWESTERLY ALONG SAID CURVE 122.24 FEET THROUGH AN ANGLE OF 46041130 0I THENCE TANGENT TO SAID CURVE SOUTH 16 °00'30" WEST 61.42 PEETI THENCE SOUTH 39 °30'15" EAST, 152.74 FEETI THENCE AT RIGHT ANGLES TO SAID CENTER LINE, NOR" 50'29'45" EAST 20.00 FEETI THENCE NORTH 74 033'40" EAST 141.32 FEETI THENCE NORTH 13'46'20" WEST, 252.97 FEETI THENCE NORTH 27'18 WEST, 20.00 FEET TO A POINT IN SAID CENTER LINE; THENCE SOUTH 62 "42' WEST ALONG SAID CENTER LINE 67.32 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2 : RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER THOSE PORTIONS OF THE NORTH HALF 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, APPROVE SEPTEMBER 11, 1879 MORE PARTICULARLY DESCRIBED AS PARCELS "A" AND "B" AS FOLLOWS" PARCEL A" 0 20;30 A STRIP OF LAND 60.00 FEET IN WIDTH THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: 80 00 FOOT COUNTY HIGHWAY (FHA.S. 72299E(1)), ASLSHOWNFONTHECMAPAOF THE RELOCATION OF ROAD SURVEY NO. 987 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, SAID POINT OF COMMEMCEMENT BEING OPPOSITE ENGINEERS STATION 100 PLUS 57.22 B.C. ON THE CENTER LINE OF SAID HIGHWAY AND BEING THE WESTERLY TERMINUS OF A CURVE 11; SAID SOUTHEASTERLY LINE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2360.00 FEET, A RADIAL LINE OF SAID CURVE BEARING NORTH 35 039'20" WEST THROUGH SAID POINT? THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4 °16'22" A DISTANCE OF 176.00 FEET TO THE TRUE POINT OF BEGINNING, BEING ALSO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ROBERT G. FIRTH, ET UX, RECORDED MARCH 2, 1956 IN BOOR 5998, PAGE 289 OF OFFICIAL RECORDS) THENCE ALONG THE BOUNDARY LINE OF SAID LAND AS FOLLOWS) SOUTH 3'58'50' WEST, 95.30 FEET TO A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY) THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG SAID CURVE 133.75 FEET) THENCE SOUTH 72 039'10' EAST 185.46 FEET TO THE SOUTHEASTERLY CORNER A TANGENT 150.00 1,FOOTO RADIUSG 72 E CORVE, CONCAVE NORTHERLY) SAID THENCE C VE, EASTERLY O SOUTH 88°18'50'IEASTL, 99.12•FEETETO)A�TANGENTNG250.00 SAID CURVE, FOOT QADIVS CURVE, CONCAVE NORTHERLY) THENCE EASTERLY ALONG SAID CURVE 84.96 FEET THROUGH AN ANGLE OF 19 °28'30' TO A POINT OF REVERSE CURVATURE HAVING A RADIUS OF 145.76 FEET) THENCE EASTERLY ALONG SAID CURVE 103.60 FEET THROUGH AN ANGLE OF 40 °43'30 01 THENCE TANGENT TO SAID CURVE SOUTH 67 003150' EAST, 53.10 FEET) THENCE SOUTH 70 °52'00' FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO DAVIS R. SHEPARDSON, ET UX, RECORDED APRIL 15, 1953 IN BOOR 4821, PAGE 290 OF OFFICIAL RECORDS) THENCE ALONG THE SOUTHERLY LINE OF SAID LAND, SOUTH 70 052'00' EAST, 25.00 FEET) THENCE NORTH 86 °46100' EAST, 119.90 FOOT TO POINT 'A" OF THIS DESCRIPTION; THENCE SOUTH 39 030115' EAST, 237.91 FEET TO A POINT IN A LINE WHICH IS PARALLEL WITH AND 10.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF THE LAND DESCRIBED UNDER PARCEL 1 IN DEED TO HOLMES S. WEST, ET UX, RECORDED JANUARY 30, 1956 IN BOOK 5956, PAGE 518 OF OFFICIAL RECORDS) THENCE ALONG SAID PARALLEL LINE AND THE EASTERLY PROLONGATION THEREOF, NORTH 82 °51'30' EAST, 409.41 FEET) MORE OR LESS, TO AN INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WESSTERLY LINE OF THE LAND DESCRIBED IN DEED TO GEORGE B. MCFETRIDGE, ET UX, RECORDED APRIL IF 1949, IN BOOK 3158, PAGE 492 OF OFFICIAL RECORDS. n u pARCEL St • 2031 A STRIP OF LAND 40.00 FEET IN WIDTH THE CENTER LINE OF WHICH IS DESCRIBED AS POLL0WSI BEGINNING AT SAID POINT 'A' HEREINABOVE DESIGNATED BEING ALSO A POINT IN THE CENTER LINE OF THAT CERTAIN 40.00 FOOT ROAD EASEMENT AS DESCRIBED UNDER PARCEL 3 IN DEED TO HOLMES S. WEST, ET UX, RECORDED JANUARY 30, 1956 IN BOOR 5955 PAGE 518 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTER LINE AS FOLLOWS; NORTH 16'00130 EAST; 61.42 FEET TO A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY HAVING A CENTRAL ANGLE OF 46'41'30', NORTHEASTERLY ALONG SAID CURVE 122.24 FEET; TANGENT TO SAID CURVE NORTH 62 042'00' EAST 274.42 FEET; AND NORTH 54 °04'00' EAST, 124.49 FEET TO AN 'INTERSECTION WITH THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO GEORGE E. MC FETFIDGE, ET UX, RECORDED APRIL 1, 1949 IN BOOR 3158, PAGE 492 OF OFFICIAL RECORDS, BEING POINT 'B' OF THIS DESCRIPTION. PARCEL 31 A RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 30.00 FEET IN WIDTH LYING WITHIN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22 AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTEF OF SECTION 15 ALL IN TOWNSHIP 15 SOUTH, RANGE 2 WEST, SAN BERNARD;NO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED SEPTEMBER 11, 1879, THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT 'B' OF PARCEL 2 B, HEREINABOVE DESCRIBED, BEING THE SOUTHWESTERLY TERMINUS OF THE CENTER LINE OF A 30.00 FOOT EASEMENT FOR ROAD PURPOSE AS RESERVED IN DEED TO GEORGE B. MC FETRIDGE, ET UX, RECORDED APRIL 1, 1949, IN BOOR 3158, PAGE 492 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTER LINE NORTH 39'05'40' EAST, 214.95 FEET; AND NORTH 02'08'30' WEST, 335.36 FEET TO ENGINEER'S STATION 118 PLUS 66.31 ON THE CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 987 AS REFERRED TO HEREINA13OVE IN PARCELS 1 AND 2.