Lien Agreement for Public Improvements 1993-0445366RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P. 0. BOX 789
POWAY CA 92074
6- 071 -03
,PC # 1993 - 0445366
JUL -1993 09 :07 AM
j
628
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES. 0.00
For 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
VIOLA HERRIOTT
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 /HERR
Principal •igation Not to Exceed 6 z •
Interest Rate on Unpaid Balance
Number of Annual Equal Payments
of Principal Plus Accrued Interest -
(Payable April 15 of each year)
$7,576.14
5% per annum
7 Y Y • J —i .
v
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 /4 -/-- day of
1992, at Poway, California.
Property Owner: %� I
By
Iola Herri6tt
J By:
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By:_ �1 �,^{�,�
J
ATTEST: es L. Bowersox, City Manager
Marjorie . Wahls en, City Cl r
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State of California
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O Is the/G gay of 19_ 9'7 before me,
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the undersigned Notary Public, personally appeared
❑ personally known to me
T proved to me on the basis of satisfactory evidence
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to be the person(s) whose name(s) rI - J subscribed to the
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within instrument, and acknowledged that xecuted it.
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Notary's Signature
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''ARCEL 1
EXHIBIT A
0 631
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.S. 729 (1) as shown on the Map of
the relocation of Road Survey No. 987 on file in the office of the
County Survey 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 c`
2360.00 feet; thence Southwesterly along said curve, through a
central angle of 2 Degrees 54' 4811, a distance of 120.00 feet to a
point through which a radial line of said curve bears North 13
Degrees 56' 08" West; thence leaving the Southerly line of said
Highway South 25 Degrees 42' 45" East, 240.51 feet; thence North
81 Degrees 13' 40" East, 181.32 feet; thence South 28 Degrees 29'
East, 305.45 feet; thence South 62 Degrees 42' 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 Degrees 41' 30 ", a distance of
122.24 feet; thence tangent to said curve South 15 Degrees 00' 30"
West, 61.42 feet; thence South 39 Degrees 30' 15" East, 361.00
feet; thence South 21 Degrees, 28' 15" East, 125.60 feet to the
true point of beginning; thence North 72 Degrees, 31' 55" East,
215.17 feet; thence South 13 Degrees 41' 20" East to the South
line of the Northeast Quarter- of the Northeast Quarter of said
Section 22; thence Westerly along said South line to a point which
bears South 21 Degrees 28' 15" East from the true point of
beginning; thence North 21 Degrees 28. 15" West to the true point
of beginning.
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 Quarter of said Section 22, and a right of way for road
purposes over and across a stria of land 30.00 feet in width,
situated within the Northeast (,ur.rter of said Section 22 and the
Southeast quarter of Section 15, Township 14 South, Range 2 West,
63
San Bernardino Meridian, the center line of said strips of land
being described as follows:
Beginning at a point on the Southwesterly line of the
property described in Parcel 1 above distant thereon South 21
Degrees 28' 15" East from the Northwesterly corner of said Parcel
1, being the point of beginning of the center line cf said 40.00
foot strip of land; thence North 21 Degrees 28' 15" West, 193.60
feet; thence North 39 Degrees 30' 15" west, 361.00 feet; thence
North 16 Degrees 00' 30" 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 Degrees 41' 30 ", a distance of 122.24 feet; thence
tangent to said curve North 62 Degrees 42' East, 274.42 feet;
thence North 54 Degrees 04' 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 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 Degrees 05' 40" East,
214.95 feet and North 2 Degrees 08. 30" West, 335.36 fee. to
Engineer's Station 118 plus 66.31 in the center line 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 thereof lying within the boundaries of the property
described in Parcel 1 above.
The right of way described in Parcel 2 above is for the
benefit of and appurtenant to the property described in Parcel 1
above and shall inure to the benefit of and may bp used by all
persons who may hereafter become the owners of said appurtenant
property or any parts or portions thereof.
Reserving to the grantors herein, their successcrs and
assigns, the right and power to convey similar rights of way over
the property described in Parcel 2 above to other persons, and the
said grantors also likewise reserve the right and power in gross,
to convey or dedicate to the public rights of way for public road
purposes over said property so described in Parcel 2.
Reserving also to the grantors herein and their successors
and assigns a right of way for road and public utilities purposes
over and across all of the Southwesterly 20.00 feet of the
Northwesterly 68.00 feet of the property described in Parcel 1
above.
The said grantors also reserve to themselves and their
successors and assigns the right and power to convey similar
rights of way over said portion of Parcel 1 to other persons, and
the said grantors also likewise reserve the right and power, in
gross, to convey or dedicate to the 7ublic a right of way for
public road purposes over said portion of Parcel 1.