Lien Agreement for Public Improvements 1993-0445361RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P. 0. BOX 789
POWAY CA 92074
APN 316 - 070 -13
603 DOD # 1993 - 0445361
13 -7UL -1993 09 :07 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
For Recorder's Use Only)
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
MICHAEL 8 ANITA HANNIFY
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 /HANN
•
A
604 • �^
Principal Obligation Not to Exceed - $7,576.14
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 this APIA' - day of
r�wu�(iYJ�,(,a.(J(/ , 1992, at POWdy, (:alifnrnia_
(signatures must be notarized)
CITY OF POWAY, a Muni ipal Corporation
By:
a
ATTEST: es L. Bowersox, Kity Manager
•. Marjorie K. Wahlsten, ity Cler
1 /HANN1
GENERAL ACKNOWLEDGMENT
State of California
�(/
County of SS. h�•L!
On i the/ay ofK/ /V
the undersigned Notary Public, personally
YIi.L _ _', It A - ' 1
11 11W
ner_"
199 before me,
❑ personally known to me
15f proved to me on the basis of satisfactory evidence
OFFICIAL SEAL
ANRAAI.BRAWNER to be the persons) whose name(s) A1 subscribed to the
o NOTART PUBLIC - CAUFOWan
SM DIEGO COUNTY within instrument, and acknowledged that 4*d�`executed it.
My Comm. Eegres Nov. 16. 1992 WIT N S my hand and official seal. G
Notary's Signature
r
eY
0
PAWM, 1:
EXHIBIT "A"
0
"chat portion of the North Half of the Nort' east Quarter• of Section 22, 'Ibwmddp
14 South, Pangs 2 Meet, San Bartnrdino BmY ind Meridian, in the City of Poway,
Cbimty of San Diego, State of California, amoreWxj to United States Government
Survey, approved September 11, 1879, described em follows:
Cannaic:irg at a point on the Southerly line of that certain 80.00 fool County
Highway (F.A.S. 729 (1)) as ahown on the Mip of the relocation of road Survey
No. 987, on file in the Off ica of the Canty Surveyor of San Diego Omwtty, said
point being opposite Engineer's Station 110 + 89.06 E.C. in the carter line of
said Highway &,d bang alm the Easterly terming of a curve in said Southerly
line concave Scutkaasterly and having a radius of 2360.00 feat; thane
Soutlswaeberly clang said carve, t3trcu g h a central angle of 02.54'48 ", a distance
of 120.00 feet to a point thruughhwhich a radial lens of said ems beau North
13'56'08" West; thenoa leaving Idle Southerly list, of said Highway, South
25' 42' 45" East 240.51 feat; thence North 81'13'40" Eclat 181.32 feet; thane
South 28'29'00" Fast, 305.45 feet to a point in the cen ar line of that certain
40.00 foot easement for road purposes as described under Parcel 3 in Deed to
Holmes S. Meet, at ux, Lervn7ed January 30, 1956 in Bodo 5956, Page 518 of
Official Aacnrria; tierce along said center line as follows:
south 62142100" Hest, 30.71 feet to a targa, 154.00 foot radius curve Co[""M
Southeinatierlyi Southwesterly along the arc of said save 122.24 feet through an
ang13 of 46.41'30 "; and tangant to said save South 16000'30" Was 61.42 feet;
thence South 39.30'15" East 152.74 feet; thane at right angles to said cutter
li.-ns North 50'29'45" East 20.00 feet; thence North 74.33'40" Fast 291.32 feet;
UvNca North 13'26' 3o" West 285.08 feat to the 7mm Foimr CF BEET MM, thence
retracing South 13'26'30" East 285.08 feet; thence North 74.33140" Past 1.33.00
feet to a point in the Southerly prolongation of the Wily line of the land
described in Deed to George B. McFetr'idge, st unn, recorded April 1, 1949 In Book
3158, Page 492 of Official Records; thane Noa-th 13' 53'53" West along said
prolcrgeticn and said Westerly line 352.38 feet, More or lase, to an
intersection with the center line of said 40.00 foot easement heseinebove
referred to; there along said center line, South 54'05'00" Nest 124.49 feet to
an angle point therein; and South 62.42'00" was 20.49 feet to an interesaction
with a line which bens North 27' 18'00" Nest fra the 1132E POIM OF BMIMIMG;
then os South 2.7' 18'00" East 20.00 feat to the 7RJE POIM' OF BBGIMii M.
PAMEL 2:
I. .. _..: .�
1879 more particularly described as Parcels "A" and "B" as
PARS "A"
[!.n fir`.
6H
r.
• 607
4 strip of land 60.W feet in width Use &hbat line of whldn is described as
follows:
67m cing at a point on the Southeasterly Line of that certain 80.00 foot
musty Highway (F.A.S. 729 (1)), as shorn on the Map of the relocation of Road
Survey No. 987 on file in the Office of the 0mxTty Surveyor of said San Diego
CUnty, said Point of Comnenicemsit being opposite Engineer's Station 100 + 57.22
B.C. on the center -ins of said Highway and being the wairtarly terminus of a
na rve in amid Southeasterly line corrsve Southeasterly and having a radius of
2360.00 feet, a radial line of said curve bearing North 35'39'20" West through
said point; thence Nort3easbe�ly along said save through a central angle of
4'16'22" a distance of 176.00 feet to the IMTE POINT OF BMINJING, being also
the Northwesterly corner of the land described in Deed to R>bert G. Firth, st
ux, recorded Merril 2, 1956 in Book 5998, Page 289 of Official Records; thence
along the boundary lire of said land as follows:
South 3'58'50" West, 95.30 feet to a tangent 100.00 foot radius save, ax oem
Northwesterly; there Southwesterly and Southeasterly along said save 133.75
feet; there South 72039'10" East 185.46 feet to the Southeasterly corner of
raid lard; these continuing South 72'39'10" East, 173.47 feet to a tangent
150.00 foot radius save concave Northerly; thence Easterly along said save
41.00 feet; thence tangent to said curve, South 88'18'50" East 99.12 feet to a
tangent 250.00 foot radius carve ecn cave Northerly; thence Easterly along said
curve 84.98 feet through an angle of 19028130" to a point of reversed curvature
Mvina a radius of 145.76 feet; thence Easterly along said save 103.60 feet
through an angle of 40' 43'30" ; theca target ire said au ve Sa,=% 67' 03'50" East
53.10 feet; thence South 70' 52'00" East 50.00 feet to the Southwesterly corner
of the lard described in deed to David R. Shepardemn, at ux, recorded April 15,
1953 in Book 4821, Page 290 of Official Records; thence along the Southerly lire
of said laid South 70.52100" East, 25.00 feet; thence North 86'46'00" Fast,
119.90 feet to Point "A" of this description; theme South 39'30'15* East,
237.91 feet to a point in a line which is parallel with and 10.00 feet Northerly
measured at right angles fran the Northerly line of the laid descxi►nd under
Parcel 1 in Deed to Holmes S. West, at ux, recorded January 30, 1958 in Boric
5956, Page 518 of Official Retards; thence along said parallel line and the
Easterly prolongation thereof, North 82.51'30" East, 409.41 feat, more or less,
to an intersection with the Southerly prolongation of the Westerly line of the
land described in Deed to George B. htc�e, et ux, recorded April 1, 1949 in
Book 3158, Page 492 of Official Records.
PAFM "B"
A strip of land 40.00 feet in width the cmbsr lire of which is described as
follows:
Beginning at said Plaint "A" heseinebove designated being also a point in the
center lire of that certain 40.00 foot road essatent as described under Parcel 3
in Deed to Holmes S. West, st ux, recorded January 30, 1956 in Book 5956, Page
518 of official Iaeoozds; thence along said center line as follows:
(mntirtued )
60(13
)7arth 16.00'30" Fa
Sbuthrasbarly havii
nave 122.24 feet;
North 54004'00" Fa
the lard described
1949 in Book 3158,
MEN • `M •'•
PARM 3:
st, 61.42 feet to a tmnpmrt 150.00 foot radius curve, concay
iy a central angle of 46.41'3) "; Northeasterly along said
targaut to said save North 62'42'00" Fast 774.42 feet; end
at, 124.49 feet to an intersection with the Westerly line of
in Decd to George B. Midge, et ux, recorded April 1,
Page 492 of official Eaecords.
A right of way for road purposes over a strip of lard 30.00 feat in width lying
within the Northeast quarter of the Northeast quarter of Section 22 and the
Southeast quarter of the Southeast quarter of Section 15 all in Tvmmt ip 14
South, Range 2 West, San Bernardino Base and Veridian, in the County of San
Diego, St at)4 of California, according to tlniter4 States Goverment Survey,
approved September 11, 1879, the center line of said strip being described as
follows:
Beginning at the most Northerly corner of Parcel 1 hereinebove described, being
the Southwesterly terminus of the center line of a 30.00 foot easement for road
purposes as reserved in Deed to George B. Mtatsidge, at unr, recorded April 1,
1949 in Book 3158, Paga 492 of Official Records; tnerna aicng dai,d center line
North 39.05140" Fast, 214.95 feet; and North 02.08'30" West, 335.36 feet to
"ineer's Station 118 + 66.31 on the miter Line of said County f1oad Survey No.
987 as referred to hereinabove in Parcels 1 and 2.