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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 L•A By. (signatures must be notarized) CITY OF POWAY, Municipal Corporation BY' G ATTEST: mes L. Bowersox- City Manager J Marjorie K. Warfisten, City C1 Vk 1 /BOW1 f • a STALE OF CLALLIFO 1^ = COUNTY OF ' 625 E g me, )kJ, m personally appeared _ personally known to me (or proved E LL_ to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within m 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 OF:FICLAL SEAL _� - ANIiA.M.?P.A'ftutc rrorary au )Jul /� 4k6 su+olececouvr DIEGO OIAI %aycomm.Ewresrw:c.t9v2 / (This area for official notarial seal) a • 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.