Lien Agreement for Public Improvements 1993-0445364RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P. 0. BOX 789
POWAY CA 92074
APN 316- 071 -01
617 DOIN 1993- 0445364
13 -JUL -1993 09 =07 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
r Recorder's Use Onl
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
KEN FRENCH
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 /FRENCH
Principal Obligation Not to Exceed -
Interest Rate on Unpaid Balance
Number of Annual Equal Payments
of Principal Plus Accrued Interest
(Payable April 15 of each year)
619 $7,576.14
5% per annum
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.
�j � ��IN� WITNESS WHEREOF the parties have executed this agreement this/6 ��day of
z �/-� , 1992, at Poway, California.
Property Owner:
By
Ken Fren h
( By:
ATTEST:
Marjorie K. Wahlsten,'City ClgK
1 /FRENCHI
(signatures must be notarized)
CITY OF POWAY, a(( Muuniic" ipal Corporation
T. Bowersox, City Manager
0
GFNFR AT. ACKNOWLEDGMENT
State of California
County of 6
CAI-23
On this the /G Aay of A�z �2J 19 -"before me.
`�7% /!RC aaA—X l
the and r ned Notary ublic, personally appeared
❑ personally known to me
proved to me on the basis of satisfactory evidence
OFFICIAL SEAL
ANITAM.BRAWNER to be the person(s) whose name(s) subscribed to the
8
NOrOPVµmBGOCwYBMA within instrument, and acknowledged that Pxecuted it.
�� „� iygprvn.ERwresNOV.16.t992 W ESS my hand and official seal.
Notary's Signature
,;
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0 0
620
EXHIBIT "A"
PARCEL 1:
All that portion of the North Half 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
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. 729 111), as shown on the
Map to the relocation of Road Survey No. 987, filed in the
Office of the County Surveyor of said San Diego County, said
joint being opposite Engineer's Station 110 plus 89.00 E.C. in
th. center line of said Highway and being ALSO the Easterly
terminus of a curve in said Southerly line concave Southerly
and having a radius of 2360.00 feet; thence Southwesterly
along said curve, through a central angle of 02.54148 ", a
distance of 120.00 feet to a point through which a radial line
of said curve having bears North 13 056'08" West; thence
leaving the Southerly line of said Highway, South 25.42'45"
East, 240.51 feet; thence North 31 °13'40" East, 181.32 feet;
thence South 28 °29'00" East, 305.45 feet to a point in the
center line of that certain 40.00 foot easement for road
purposes as described under Parcel No. 3 in deed to Holmes S.
West, et ux, recorded January 30, 1956 in Book 5956, page 518
of Official Records; thence along said center line South
62 °42'00" West, 30.71 feet to a tangent 150.00 foot radius
curve, concave Southeasterly; thence Southwesterly along said
curve 122.24 feet through an angle of 46 °41'30 "; thence
tangent to said curve South 16000'30" West, 61.42 feet; thence
South 39 030'15' East, 152.74 feet; thence at right angles to
said center line North 50 029'45" East, 20.00 feet to the TRUE
POINT OF BEGINNING; thence retracing South 50029'45' West,
20.00 feet; thence South 39 030'15" East, 97.01 feet to the
Northwesterly corner of Parcel No. 1 of said West land; thence
along the Northerly line thereof and the Easterly prolongation
of said Northerly line North 82.51'30" East, 403.08 feet to a
point in the Southerly prolongation of the Westerly line of
the land described in deed to George B. McFetridge et ux,
recorded April 1, 1949 in Book 3158, page 492 of Official
Records; thence along said prolongation North 13053'53' Nest,
154.95 feet to a line which bears North 74.33'40' East from
the TRUE POINT OF BEGINNING; thence South 74033'40" West,
424.32 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 Base and
Meridian, in the County of San Diego, State of California,
according to United States Goverranent Survey, approved
September 11, 1875 more particularly described as Parcels 'A'
and 'B' as follows:
•
0 621
PARCEL 'A ":
A strip of land 60.00 feet in width the center line of which is
described as follows:
Commencing at a point on the Southeasterly 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 of Commencement being opposite Engineer's Station
100 + 57.22 H.C. on the center line of said Highway and being
the Westerly terminus of a curve in said Southeasterly line
concave 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 Northeasterly along said curve through a
central angle of 4016'22 ", 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 Book 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
72039'10" East 185.46 feet to the Southeasterly corner of said
land; thence continuing South 72 039'10' East, 173.47 feet to a
tangent 150.00 foot radius curve concave Northerly; thence
Easterly along said curve 41.00 feet; thence tangent to said
curve, South 88 018'50" East 99.12 feet to a tangent 250.00
foot radius curve concave Northerly; thence Easterly along
said curve 84.98 feet through an angle of 19028'30" 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 ", thence tangent to said curve South 67073'50' East
53.10 feet; thence South 70 052'00" East 50.00 feet to the
Southwesterly corner of the land described in deed to David R.
Shepardson, et ux, recorded April 15, 1953 in Book 4821, page
290 of Official Records; thence along the southerly line of
said land, South 70.52'00' East, 25.00 feet; thence North
86'46'00" East, 119.90 feet to Point "A" of this description]
thence South 39030'15" East, 249.75 feet to Point "C" of this
description.
PARCEL "B ":
A strip of land 40.00 feet in width the center line of which is
described as follows:
622
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.
Rest, et ux, recorded January 30, 1956 in Book 5956, page 518
of Official Records; thence along said center line as follows:
North 16 °00'30" East; 61.42 feet to a tangent 150.00 foot
radius curve, concave Southeasterly having a central angle of
46041'30 ", Northeasterly along said curve 122.24 feet; tangent
to said curve North 62 °42'00" 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 B.
McFetridge, et ux, recorded April 1, 1949 in Book 3158, page
492 of Official Records, being Point "B" of this description.
PARCEL 3:
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 Quarter of Section 15 all in 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, apprrved September 11, 1879, the center
line of said strip being described as follows:
Beginning at Point "B" of Parcel 2B, hereinabove 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. McFetridge, et ux, recorded April 1, 1949 in Book 3158,
page 492 of Official Records; thence along said center line
North 39005'40' East, 214.95 feet; and North 02.08'30' West,
335.36 feet to Engineer's Station 118 + 66.31 on the center
line of said County Road Survey No. 987 as referred to
hereinabove in Parcels 1 and 2.
PARCEL 4:
An easement and right of way for road and public utility
purposes over, under, along and across that portion of the
North one half of the Northeast one 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,
lying within a strip of land 40.00 feet in width, the center
line of said 40.00 foot strip of land being described as
follows:
Beginning at Point "C' of Parcel '2A' above; thence North
82 °51130" East 403.08 feet to a point in the Southerly
prolongation of the Westerly line of the land described in
deed to George B. McFetridge, et ux, recorded April 1, 1949 in
Book 3158, page 492 of Official Records.
The Southerly line of said 40.00 foot strip of land shall be
prolonged or shortened as to terminate on the West with the
Southeasterly prolongation of the Southwesterly line of Parcel
"2A" above.