Lien Agreement for Public Improvements 1991-0243419•
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P. 0. BOX 789
POWAY CA 92074
APN 314 - 194 -26
1592 Do o 1991 - L 4 ,7419
2?3- -MA`s --1991 08:30 AM
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
NA
For Recorder's Use Onl
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
CALVIN PAT ALLEN and WENDY I. ALLEN
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 Joshua Tree Court 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 $8,125.00, which repre-
sents one fourth (1/4) of the total amount of the loan of $32,500.00 in connection
with the installation of improvements to Joshua Tree Court. 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:
6/J /LIEN -A
9 1-43
Principal Obligation Not to Exceed - $8,125.00
Interest Rate on Unpaid Balance - 5.0 % per annum
Number of Annual Equal Payments
of Principal Plus Accrued Interest -
(Payable April 15 of each year)
10
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 day of
141)R -14— , 1991, at Poway, California.
Property Owner:
Win fat All n
By:
Wendy I. Allen
(signatures must be notarized)
CITY OF PbWAY, a unicipal. Corporation
anjboiosmiLn, Mayor
ATTEST:
M rjo K a lsten, ty Clerk
6/J /LIEN -A2
GENERAL ACKNOWLEDGMENT
* State of A
On this the,2LL*day of - 19 before me,
* County of )
SS-
LL rs e R2CL m H IV,-UL,
*
the udersigned Notary Public, personnally appeared
*
*
(,)qLVln/ "SAT ALLEiV /4 /Y D cyENOL 1. 4LL'L�iV
*
El Persenaily kAQ-WA t-0 Me---
*
*
& proved to me on the basis of satisfactory evidence to *
*
e the person(s) whose name(s) fi k r— subscribed to *
*
the within instrument, and acknowledged that 7E y
executed it.
* OFFICIAL SEAL
WITNESS my hand and official seal.
PHYLLIS CAROL MANFUL
NOTARY PUBLIC - CALIFORNIA
, P
* SAN DIEGO COUNTY
�,roawP My comm. expires NOV 29, 1991
*
No cry's Signature
*****************
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * **
PARTNERSHIP ACKNOWLEDGMENT
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* State of On this the day of 19 _, before me,
* ) *
* County of
* the udersigned Notary Public, personnally appeared
*
*
*
* ❑ personally known to me
*
* proved to me on the basis of satisfactory evidence
* to be the person(s) who executed the within instrument
* on behalf of the partnership and acknowledged to me that
* the partnership executed it.
* WITNESS my hand and official seal.
*
*
*
* Notary's Signature
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CORPORATE ACKNOWLEDGMENT
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* State of On this the day of 19 _, before me,
* ) *
* County of ) SS.
* the udersigned Notary Public, personnally appeared
*
*
*
* personally known to me
*
* proved to me on the basis of satisfactory evidence to
* be the person(s) who executed the within instrument as
* or on behalf of the corporation
* therein named, and acknowledged to me that the corporation*
* executed it.
* WITNESS my hand and official seal.
* *
* *
* Notary's Signature
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
E X H I B I T "A" 1595
---- 91808b -4 - -- - -
D- 192/21 - --
25 -562
NATIONAL AMERICAN TITLE
INSURANCE COMPANY
SCHEDULE A
STANDARD POLICY
POLICY NO. PREMIUM EFFECTIVE AS OF LIABILITY ISSUED THRU
918086 -4 $368.00 June 21, 1979 $120,500.00 NATIONAL
@ 8:00 A. M. AMERICAN TITLE
INSURANCE COMPANY
INSURED
CALVIN PAT ALLEN AND WENDY I. ALLEN
Title to the estate or interest covered by this policy at the date hereof is
vested in:
CALVIN PAT ALLEN AND WENDY I. ALLEN,
husband and wife, as joint tenants
The estate in the land described or referred to in this schedule is: A FEE
unless otherwise described herein:
The land referred to in this policy is in the State of California, County of
San Diego, and is described in Schedule C, which is attached hereto and made a
part hereof.
RECEIVED
MAY 1 5 1990
ENGINEE-tiNG SERVICES
L`EPAAl;•AENT
Page 1 of 4
D- 192/21
25 -562 ' 1596
STANDARD SCHEDULE B
This policy does not insure against damages, loss or attorney's fees, any or
all of which may arise by reason of the following:
1. General and special taxes, a lien not yet payable for the
Fiscal year 1979 -80.
2. A right of way in favor of the public, over any portion of said land
Included in lawfully established public roads.
3. An easement for the purposes shown and incidental purposes
In favor of San Diego Gas & Electric Company
Purpose Poles and wires
Recorded February 17, 1931 in Book 1867, page
128 of Deeds
Affects The Northerly 6 feet of said land
Reference is hereby made to said document for full particulars.
4. An easement for purposes shown and incidental purposes
Reserved by FRED BION IRWIN, JR. AND JOANNE
ELIZABETH IRWIN, husband and wife
Purpose Driveway
Recorded July 23, 1976 as File /Page No.
76- 234836 of Official Records
Affects Easterly 13.5 feet of Parcel 1.
5. A Trust Deed to secure an indebtedness and any other amounts payable
Amount
Trustor
Trustee
Beneficiary
Dated
Recorded
$70,000.00
RONALD I. PRYCE AND SANDRA J. PRYCE,
husband and wife
REALTY INCORPORATED, a California
corporation
THE COLWELL COMPANY, a corporation
July 22, 1976
July 23, 1976 as File /Page No.
76- 234837 of Official Records
RECE1ueD
MAY 1 5 1990
ENGINE► t';! , S_HYICES
UEPAENT
Page 2 of 4
} *16066 -4 ,
D- 192/21
25 -562 t
LEGAL DESCRIPTION 1 5 9 l
SCHEDULE C
The land referred to in this policy is situated in the State of California,
County of San Diego, and is described as follows:
PARCEL 1:
That portion of Section 12, Township 14 South, Range 2 West, San Bernardino
Base and Meridian, in the County of San Diego,, State of California, according
to Official Plat thereof, described as follows:
Beginning at the Southwest corner of the Northwest Quarter of the Northeast
Quarter of said Section 12; thence along the Southerly line thereof, South
89 °43'15" East 553.00 feet to the Southwest corner of land described under
Parcel 1 of Deed to Fred Bion Irwin, Jr., et ux, recorded November 29, 1974 as
File No. 74- 313296 of Official Records being the TRUE POINT OF BEGINNING;
thence North 0 °26100" West along the Westerly line thereof 257.00 feet; thence
North 89 °15'00" East 113.50 feet to the Easterly line of said Irwin's land;
thence South 0 °26'00" East along said Easterly line 257.00 feet to the
Southerly line of the Northwest Quarter of the Northeast Quarter of said
Section 12, thence North 89 °43'15" West along said Southerly line 113.50 feet
to the TRUE POINT OF BEGINNING.
PARCEL 2:
An easement and right of way for driveway purposes 27.00feet wide, over, under
along and across a portion of Section 12, Township 14 South, Range 2 West, San
Bernardino Base and Meridian, in the County of San Diego, State of California,
according to Official Plat thereof, the center line being more particularly
described as follows:
Beginning at the Southeast corner of Parcel 1 hereinabove described, thence
along the Easterly line thereof and its Northerly prolongation North 0 026'00"
West 280.00 feet to the Northerly terminus of the herein described centerline.
Excepting therefrom that portion lying within said Parcel 1.
RECEiVECJ
MAY 1 5 1990
ENGINEEii Pj3 SEROCES
DERA 51T;lENT
Page 3 of 4
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