Lien Agreement for Public Improvements 1993-0445369RECORDING REQUE3fED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P. 0. BOX 789
POWAY CA 92074
DO # 1993- 0445369
642 13 -JUL -1993 09 =07 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES 0.00
(For Recorder's Use Only)
APN 316 - 071 -06 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
Ashton 8 Julie Marshall
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 /MARSHALL
t
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)
43
$7,576,14
5% per annum
F",
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 (60X) 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 /,i day of
1992, at Poway, California.
ATTEST:
Marjorie K. Wah sten, it Clerk
1 /MARSHI
Property n 'W� //(
By: .G
Ashton Marshall
By: c
g
Jbft
Marshall
Vuhc
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By:
Ja. s L. Bowersox, City Manager
GENERAL ACKNOWLEDGMENT
ME
CAL-23
State of California
,� On is'th•� -- ) y =
19before me,
/ ! j (L
County of U/K JJJ
the undersigned Notary Public, personally appeared
6,4- kJ — �� ;/L 444-k
❑ personally known to me
proved to me on the basis of satisfactory evidence
OFFICIAL SEAL to be the person(s) AND M. ERM INER p son(s) whose name(s) -� subscribed to the
�• NOTWYPU9uC -C;'N' b1 withi instrument, and acknowledged that
'. SAN DIEGO COUNTY g X2CUfed it.
MY Comm . Evoires Nw.16.1992 W N SS my hand and official seal. 4 //
Notary's Signature
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t
• EXHIBIT "A" • 645
PARCEL 1:
That portion of the Northeast Quarter of Section 22 Township 14 South, Range 2
West, San Bernardino Meridian, in the City of Poway, County of San Diego, State
of California, according to the Official Plat thereof, described as follows:
Commencing at Engineer Station No. 116 +26.39 on the center line of County Road
Survey No. 987 (known as Poway Road), according to Plat thereof on file in the
Office of the County Engineer of San Diego County, being a point in the arc of a
4000.00 foot radius curve, concave Northwesterly, a radial line of said curve
bears South 120 46' 26" East to said point; thence South 130 53' 55" East,
776.91 feet to the most Southerly corner of the land described in Deed to George
B. MFetridge, et ux, recorded April 1, 1949 in Book 3158, Page 492 of Official
Records and the TRUE POINT OF BEGINNING; thence along the Southerly line of said
land, North 640 23' 52" East, 340.23 feet to the most Westerly corner of the
land described in deed to Bette Lee Dyer, recorded August 12, 1963 as File No.
141912; thence along the boundary of said Dyer's land as follows: South 73° 20'
50" East, 91.09 feet; and South 110 28' 20" East, 130.00 feet to the most
Southerly corner of said land; thence continuing South 110 28' 20" East to the
Southerly line of thge Northeasty Quarter of the northeast Quarter of said
Section 22; thence Westerly along said Southerly line, 290.00 feet, more or less,
to the Southeast corner of the land described in deed to Eyvinn H. Schoenberg,
et ux, recorded August 6, 1969 as File No. 142665; thence along the Easterly
line of said land, North 00 19' 20" West, 180.83 feet; and North 130 41' 20"
West, 59.92 feet to the Southeast corner of the land described in deed to John
W. Swain, et ux, recorded July 16, 1968 as File No. 119478 and Point "x" of
this description; thence along the boundary of said Swain land as follows:
North 130 41' 20" West, 125.00 feet to the beginning of tangent 130.00 foot
radius said curve through a central angle of 830 26' 20" a distance of 189.32
feet to the Southeast corner of the land described in deed to Wallace G. Fedier,
et ux, recorded April 28, 1964 as File No. 76314; thence along the Northeasterly
line of said Fedier land, North 13° 53' 53" West, 190.00 feet, more or less, to
the TRUE POINT OF BEGINNING.
PARCEL 2:
An easement for ingress and egress for road and utility purposes over, under,
along and across a strip of land 40.00 feet in width, lying within 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 the Official Plat
thereof, the center line of said strip being described as follows:
�
LEGAL DESCRIPTION - CONTINUED sus
Beginning at Point "x" hereinabove described in Parcel 1, said point being the
Southeast corner of the land described in deed to John W. Swain, et ux, recor-
ded July 16, 1968 as File No. 119478; thence along the boundary of said land
as follows: North 13° 41' 20" West, 125.00 feet to the beginning of a tangent
130.00 foot radius curve, concave Southwesterly; Northwesterly along the arc of
said curve through a central angle of 830 26' 20" a distance of 189.,32 feet;
and South 82° 52' 20" West, 121.08 feet to the most Westerly corner of said
land; thence South 820 52' 20" West, 282.00 feet; thence North 39" 30' 15" West
249.75 feet; thence North 160 00' 30" East, 61.42 feet to the beginning of a
tangent 150.00 foot radius curve, concave Southeasterly; thence Northeasterly
along the arc of said curve through a central angle of 460 41' 30" a dustance of
122.24 feet; thence North 540 04' 00" East, 124.49 feet to a point in 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, 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, being also designated
herein as Point "Y ".
EXCEPT for portion lying within Parcel 1 above.
PARCEL 3:
An easement and right of way for ingress and egress for road and utility puposes
over, under, along and across a strip of land 30.00 feet in width, lying within
the Northeast Quarter of Section 22, Township 14, South, Range 2 West and
Southeast Quarter of Section 15, Township 14 South, Range 2 West, San Bernardino
Meridian, in the County of San Diego, State of California, according to the
Official Plat thereof, the center line being described as follows:
Beginning at Point "Y" above described; thence along the center line of said
easement reserved in deed to McFetridge as follows: North 390 05' 40" East,
214.95 feet; and North 020 08' 30" West, 335.36 feet to Engineer's Station
118 +66.81 in the center line of County Road Survey No. 987, according to Plat
thereof on file in the Office of the County Engineer of San Diego County.
PARCEL 4:
An easement for ingress and egress for road and utility purposes over, under,
along and across that portion of the Northeast Quarter of the Northeast
Quarter of Section 22, Township 14 South, Range 2 West, San Bernardino
Meridian in the City of Poway, County of San Diego of California, according
to the Official Plat thereof, lying within a strip of land 20.00 feet in width
the Southerly line thereof being described as follows:
r
LEGAL DESCRIPTION - CONTINUED
647
Beginning at the Southeast Corner of the above described Parcel 1, being also
the Southwest corner of land described under Parcel 1, of deed to Michael A.
Marika, et ux, recorded July 13, 1984 as File No. 84- 263470 of Official Records;
thence South 890 34' 41" East along the Southerly line thereof 195.00 feet
to the Southeasterly corner of said Marika's land.
The North line of said 20.00 foot strip to be prolonged or shortened so as to
terminate the Westerly and Easterly line of said Marika's land.
PARCEL 5:
An easement for ingress and egress for
along and across a strip of land 40.00
the Northeast Quarter of the Northeast
Range 2 West, San Bernardino Meridian,
Diego, State of California, according
terline of said 40.00 foot strip being
road and utility purposes over,
feet in width lying within that
Quarter of Section 22, Township
in the City of Poway, County of
to the Official Plat thereof, th
described as follows:
under,
portion of
14 South,
San
cen-
Commencing at Engineer Station No. 116 +26.39 on the center line of County Road
Survey No. 987 (known as Poway Road), according to Plat thereof on file in
the Office of the County Engineer of San Diego County, being a point in the
arc of a 4000.00 foot radius curve, concave Northwesterly, a radial line of said
curve bears South 120 46' 26" East to said point; thence South 130 53' 55"
East 776.91 feet to the most Westerly corner of land described in deed to
Charles S. Wesley, et ux, recorded October 24, 1975 as File No. 75- 294589 of
Official Records; thence along the boundary thereof South 130 53' 55" East,
190.00 feet, more or less to an angle point therein; thence North 820 52' 20'
East 400.00 feet, more or less, to an angle point therein: thence North
820 52' 20" East, 400.00 feet, more or less, to a poiont on the Easterly line
of said land being the True Point of Beginning; said Easterly line also being
the Westerly line of land described in Certificate of Compliance by Lois Wesley
recorded October 30, 1980 as File No. 80- 364193 of Official Records; thence
North 780 31140" East, 161.00 feet, more or less, from said point to a terminus
on the Easterly line of said land.
EXCEPTING that portion lying outside the boundary of said land.