Lien Agreement for Public Improvements 1993-0445365RECORDING REQUESTED BY: ) D1 # 1993- 0445365
623 13 —JUL -1993 09 =07 AM
CITY OF POWAY ) OFFICIAL RECORDS
WHEN RECORDED RETURN TO: j SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
CITY CLERK i,\ FEES 0.00
CITY OF POWAY )
P. 0. BOX 789 )
POWAY CA 92074 )
1 (For Recorder's Use Onlv)
APN 316- 071 -02
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
Deborah Bover
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 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 /BOYER
1
8
Principal Obligation Not to Exceed - 624
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)
B
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 IITNESS WHEREOF the parties have executed this agreement this Z& day of
1992, at Poway, California.
Pr
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By.
(signatures must be notarized)
CITY OF POWAY, Municipal Corporation
BY' G
ATTEST: mes L. Bowersox- City Manager
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Marjorie K. Warfisten, City C1 Vk
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personally appeared
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personally known to me (or proved
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to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within
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instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my andofficial seal
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• EXHIBIT "A" 6 2 6
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.A. 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 Southereasterly and having a radius of 2360.00 feet;
thence Southwesterly along said curve, through a central angle of 2 054'4811, 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 °13'40" East, 181.32 feet;
thence South 28 029' East, 305.45 feet; thence South 62 1142' 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
46 041130" a distance of 122.24 feet; thence tangent to said curve South
16 000'30" West, 61.42 feet; thence South 39 030115" East, 249.75 feet to the
True Point of Beginning; thence continuing South 39 030115" East, 111.25 feet;
thence South 21 028115" East, 125.60 feet; thence North 72 031'55" East, 215.17
feet; thence North 13 041120" West, 178.25 feet; thence South 82 051'30" West,
282.00 feet to the True Point of Beginning.
PARCEL 2:
A right of way for road and public utilities purposes over and across a strip of
land 20.00 feet in width situated within the north Half of the Northeast
Quarter of said Section 22, Township 14 South, Range 2 West, said 20.00 foot
strip lying Northerly of and adjoining the Northerly line of the property
described in Parcel 1 above and extending Westerly therealong from the Northerly
prolongation of the Easterly line of said property described in Parcel 1 to the
Northwesterly prolongation of a line drawn parallel with and 20.00 feet
Northeasterly at right angles from that portion of the Westerly boundary of said
Parcel 1 designated therein as "South 39 010115" East, 111.25 feet ".
•EXHIBIT "A" CONTINUED 627
PARCEL 3:
A right of way for road and public utility purposes over and across a strip of
land 40.00 feet in width situated within the Northeast corner of said Section
22, and a right of way for road purposes over and across a strip of Ian 30.00
feet in width, situated within the Northeast Quarter of said Section 22 and the
Southeast Quarter of Section 15, Township 14 South, Range 2 West, San Bernardino
Meridian, the center line of said strip of land being described as follows:
BEGINNING at at the Southwesterly corner of the property described in Parcel 1
above, being the Point of Beginning of the center line of said 40.00 foot strip
of land; thence North 21 018'15" West, 125.60 feet; thence North 39 030'15"
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 48 041150" a distance
of 122.24 feet; thence tangent to said curve North 62 042' East, 274.42 feet;
thence North 54 004' 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 the
Southwesterly terminus of the center line of a 30.00 foot easement for road
purposes as reserved in deed to McFetridge and being also to the Point of
Beginning of the center line herein described 30.00 foot strip of land ; thence
along the center line of easement reserved in said deed to McFetridge North
39 005140" East, 214.95 feet North 2 008130" West, 335.36 feet to Engineer's
Station 118 plus 66.31 in the lines of the aforementioned Road Survey No. 987.
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 40.00 foot strip of land that portion therein
lying within the boundaries of the property described in Parcel 1 above.
The rights of way described in Parcels 2 and 3 above are for the benefit of and
appurtenant to the 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 or any parts or portions thereof.