Lien Agreement for Public Improvements 1993-0445359RECORDING REQUESIOD BY: ) 594 13 ouL- 1993- 009�-- 1077AM
CITY OF POWAY ) 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 )
(For Recorder's Use Onlv)
APN 316 - 063 -05 Doc. Tax Fee -0-
LIEN AGREEMENT FOR PUBLIC INPROVENENTS
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
Thomas Farley
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 $7576.14, 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 /FARLEY
595 /
Principal Obligation Not to Exceed - $7,576.14 � X
Interest Rate on Unpaid Balance 5% per annum Je)�
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 this y2— day of
P1Pe�, 1992, at Poway, California.
Property wner:
By:
Thomas Farle
By:
(signatures must be notarized)
CITY OF POWAY, a Mu cipa'l1nCorporation
By:
3
ATTEST: mes L Bowersox, City Manager
Marjorie K. Wa sten, City ler
1 /FARLEYI
0
INDIVIDUAL ACKNOWLEDGMENT
State of
1 SS.
11
596
the undersigned Notary Public, personally appeared
19_!�fore me,
SEAL
FTON
C011fc(NO roved to me on the basis of satisfactory evidence
MW COUNTY to be the person whose name -' ubscribed to the
n Expires executed rt.
1994 within instrument, and acknowledged that
WETNESS my hand and official seal.
NO 201
Notary's Signature �!
ATTENTION NOTARY: AtttaucM the nfarriation requested below t f a�f J eno F }� ,
Title or Type of Docum i- G
THIS CERTIFICATE fta a of of Document ,I
MUST BE ATTACHED
TO THE DOCUMENT e 0
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
100 -010
C NNIONFL 11DTrlaY pg, 1pTpN•aZlGfiarmet Are - PA.am11164•cerogeF .G 919 17194
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• EXHIBIT "A" • 597
PARCEL 1:
All that portion of the Northwest Quarter of Section 22, Township 14 South,
Range 2, West, San Bernardino Meridian, in the County of San Diego, State of
California, described as follows:
Commencing at a point on the Southerly 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 said San Diego County,
said point being opposite Engineer's Station 110 plus 89.06 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 a radius of 2360.00 feet;
thence Southwesterly along said curve, through central angle of 2 054'48" a
distance of 120.00 feet to a point through which a radial line of said curve
bears North 13 056108" West; thence leaving the Southerly line of said Highway
South 25 042145" East, 240.51 feet; thence North 81 013140" East 181.32 feet;
thence South 28 029' East, 305.45 feet; thence south 62 042' West 30.71 feet to
the beginning of a tangent curve concave Southeasterly and having a radius of
150.00 feet; thence Southwesterly along said curve through a central angle of
43 041130" a distance of 122.24 feet; thence tangent to said curve South
16 000130" West, 61.42 feet; thence South 39 °30115" East 361.00 feet; thence
South 21 028'15" East, 145.60 feet to the beginning of a tangent curve concave
Northwesterly and having a radius of 39.36 feet; thence Southerly,
Southwesterly, Westerly and Northwesterly along said curve through a central
angle of 162 036' a distance of 111.70 feet; thence tangent to said curve
North 380 52' 15" West, 82.73 feet to the beginning of a tangent curve
concave Southwesterly, Westerly and Norwesterly along said curve, through
a central angle of 33 025125" a distance of 58.34 feet; thence along a radial
line of said curve South 17 042'20" East along said radial line, 20.00 feet
to a point on the arc of said 100.00 foot; radius curve, thence Northwesterly
along said curve North 83 002'15" West 297.86 feet; thence South 29 003'45"
West, 173.17 feet; thence South 10 °26' West, 87.36 feet; thence Easterly
in a straight line, 400.00 feet, more or less, to the Southerly terminus
of a straight line drawn South 2 037'10" West, 214.50 feet from the TRUE
POINT BEGINNING: thence North 2 037110" East, 214.50 feet to the TRUE POINT OF
BEGINNING.
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, being situated within the Northeast Quarter
of Section 22, Township 14 South, Range 2 West, San Bernardino Meridian, in the
County of San Diego, State of California, the center line of said strips of
land being described as follows:
Beginning at the Northwesterly corner of the property described in Parcel 1
above, being the Point of Beginning of the centr line of said 40.00 foot strip
• ' EXHIBIT "A" Continued •
0 598
of land; thence South 83 002115" East, 297.86 feet to the beginning of a tangent
curve concave southwesterly and having a radius of 100.00 feet; thence
Southeasterly along said curve through a central angle of 44110" a distance of
77.09 feet; thence tangent to said curve South 38 °51'15" East, 82.37 feet to
the beginning of a tangent curve concave Northwesterly and having a radius
of 39.36 feet; thence Southeasterly, Easterly, Northeasterly and Northerly
along said curve, through a central angle of 162 036' a distance of 111.70 feet;
thence tangent to said curve North 21 028115" West, 145.60 feet; thence North
39 030115" West 361.00 feet; thence North 16 000130" East, 61.42 feet to the
beginning of a tangent curve concave Southeasterly and having a radius of
150.00 feet; thence Northeasterly along said curve through a central angle of
46 041130" a distance of 122.24 feet; thence tangent to said curve North
62 042' East, 274.42 feet; then North 54 004' East, 124.49 feet to a point on the
Westerly line of land conveyed to George J. McFetridge and wife by deed dated
January 12, 1949 and recorded in Book 3158, Page 492 of Official Records, said
point being the Southwesterly terminus of the center line of a 30 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 005140" East, 214.95 feet and North 2 008130" west, 335.36
feet to Engineer's Station 118 plus 66.31 in the center line of the aforemen-
tioned Road Survey No. 987. The sidelines of said 40.00 foot and 30.00 foot
strip 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 40.00 foot strip of land that portion thereof
lying within the boundaries of the property described in Parcel 1 above.
Said rights of way are for the benefit of and appurtenant to said property
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 for
any parts or portions thereof.