Lien Agreement for Public Improvements 1991-0243421APN
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P. 0. BOX 789
POWAY CA 92074
314 - 194 -29
1604 to - IQ7.91- 0��J4Ll
23—MAY-1991 08 :30 AN
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE E'VANS, COUNTY RECORDER
t ^ , FEES: 0.00
For Recorder's Use Onl
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
NA
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
TIMOTHY A. DEPWEG and CYNTHIA DEPWEG
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 -D
465
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 - 10
(Payable April 15 of each year)
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
1991, at Poway, California.
Property Owner:
Timothy A. DWWeg
By:
ky thia Depweg
(signaturesimust be notarized)
CITY OF' OWAY, a Munic' al C rporation
By':
ark Goldsmith, Mayor
ATTEST:
Ma joI . W s en, Ci Clerk
6 /J /LIEN2 -D
09 E X H I B I T 1606
RECORDING REQUESTED BY
. 1pBl011ymTh Lm A:iD TITLE INSUPAM Cl.
AND WHEN RECORDED MAIL THIS DEED AND UNLESS OTHER.
WISE SHOWN BELOW MAIL TAX STATEMENTS TO,
NAHE Mr. and Mrs. Timothy A. Depweg
A,oRe.. 14427 JOSHUA TREE LANE
cm. POWAY, CALIF. 92064
cT.tE
Tide Order No. J
rtz,q Escrow No. 19 -5nn
1741
SPACE ABOVE THIS LINE FOR RECORDER'S USES
GRANT DEED
The undersigned declares that the duc•wncnt:lry .
c•nnlpilled oil the full value of the interest ur properl }• cunvcyed, uriy�p •3S
.............
cents or r un the full value Tess the Value of liens ur cnc•umbrancrs remaining thereon at the time of sale. Tile and
1a,
tcncmcllls or realty is located in
❑ unincur, orated area W
city of .... P......
FOR A VALUADLE CONSIDERATION', receipt of which is hereby arknosvledged and
WILLIAM F. OLHAUSEN as trustee of the the William and Dona Trust
hereby CHANTS) to
TIMOTHY A. DEPWEG and CYNTHIA DEPWEG, husband and wife as Joint Tenants.
the following described real property in the
county of San Diego . state of California:
Parcel 2 of PARCEL MAP 5966, filed in the Office of the County Recorder of San Diego
County, May 19, 1971, being
San Bernardino Base and Meridian, a division Of Section 12, Township
State of California according to Official Platfthterof and further odescribedein West,
Exhibit "A„ Y, County of San Diego,
comprising one page, attached hereto and made a part hereof,
RECEIVED
MAY 1 5 1990
ENGINEERING SERVICES
DEPARTMENT
Dated April 11, 1986����
�Ck %�iELTRI rus ee
STATE OF CALIFORNIA
COUNTY OF Qi�Lrj SS.
On fIPR /L 1/ Sys(, —
siened, a Notary Public in and for said Statc.bcfure me, the under -
WILLIAM F. under-
0 Persunany appeared
D personally known to me - - -- --
G�proved to me on the basis of sa tistactury evidence
to be the person-- whose name L
hal.__.[�E subscribed to the wnhin
instrunsenl and acknowledged I
c�¢cutcd the same.
�- � �t1 �rti EXP S•25.y7
Ll BE
' •� J 1.OIC.'Y,FUi•c.0 • CALIFORNIA
�A \.STET ' t: t)IEf.9 CO;INTY
-_ - - -- � �ribF;nk� :s:T�f,�:cuT>tsatou
CT so
N'amc
FOR NOTARY SEAL �ORSTAMP
OFI�l��c :.L
_ 51, =�M :NE !s1 PEIvS0N
..T. r.L'L._ _ CAUF07Y4IA
V.0 COJCIY
• My C:.r.... eap:;es ku;Y 25,
- _ _ 1937
Assessor's Parcel No
ON hOLLU11'lNt: LING; IF NO PART1' SO S11OWN, \TAIL AS DinrcC__ll .1b01'1•:
sn,•.•t ad,l•....
r....,
of 2
RF
AR
ECORDE� IN—
OFFlCIAL RECORDS
I
A
OF SAN DIEGO COUf1TY, CA.
MG
OF
1986 JUN 18AM8:00
OC
LTXPD p m �RDEERR
SPACE ABOVE THIS LINE FOR RECORDER'S USES
GRANT DEED
The undersigned declares that the duc•wncnt:lry .
c•nnlpilled oil the full value of the interest ur properl }• cunvcyed, uriy�p •3S
.............
cents or r un the full value Tess the Value of liens ur cnc•umbrancrs remaining thereon at the time of sale. Tile and
1a,
tcncmcllls or realty is located in
❑ unincur, orated area W
city of .... P......
FOR A VALUADLE CONSIDERATION', receipt of which is hereby arknosvledged and
WILLIAM F. OLHAUSEN as trustee of the the William and Dona Trust
hereby CHANTS) to
TIMOTHY A. DEPWEG and CYNTHIA DEPWEG, husband and wife as Joint Tenants.
the following described real property in the
county of San Diego . state of California:
Parcel 2 of PARCEL MAP 5966, filed in the Office of the County Recorder of San Diego
County, May 19, 1971, being
San Bernardino Base and Meridian, a division Of Section 12, Township
State of California according to Official Platfthterof and further odescribedein West,
Exhibit "A„ Y, County of San Diego,
comprising one page, attached hereto and made a part hereof,
RECEIVED
MAY 1 5 1990
ENGINEERING SERVICES
DEPARTMENT
Dated April 11, 1986����
�Ck %�iELTRI rus ee
STATE OF CALIFORNIA
COUNTY OF Qi�Lrj SS.
On fIPR /L 1/ Sys(, —
siened, a Notary Public in and for said Statc.bcfure me, the under -
WILLIAM F. under-
0 Persunany appeared
D personally known to me - - -- --
G�proved to me on the basis of sa tistactury evidence
to be the person-- whose name L
hal.__.[�E subscribed to the wnhin
instrunsenl and acknowledged I
c�¢cutcd the same.
�- � �t1 �rti EXP S•25.y7
Ll BE
' •� J 1.OIC.'Y,FUi•c.0 • CALIFORNIA
�A \.STET ' t: t)IEf.9 CO;INTY
-_ - - -- � �ribF;nk� :s:T�f,�:cuT>tsatou
CT so
N'amc
FOR NOTARY SEAL �ORSTAMP
OFI�l��c :.L
_ 51, =�M :NE !s1 PEIvS0N
..T. r.L'L._ _ CAUF07Y4IA
V.0 COJCIY
• My C:.r.... eap:;es ku;Y 25,
- _ _ 1937
Assessor's Parcel No
ON hOLLU11'lNt: LING; IF NO PART1' SO S11OWN, \TAIL AS DinrcC__ll .1b01'1•:
sn,•.•t ad,l•....
r....,
of 2
Orde• '4o. U$99682
PARCEL A -1:
.• - ua>w
EXHIBIT 'A'
160j
PARCEL 2 OF PARCEL MAP 5966Y FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 19Y 1977, BEING A DIVISION OF A PORTION OF THE
NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH► RANGE 2 WESTv SAN
E :ERNARDINO MERIDIAN► IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
PARCEL A -2:
AN EASEMENT AND RIGHT OF WAY FOR DRIVEWAY PURPOSES 27.00 FEET WIDE OVER,
UNDER, ALONG AND ACROSS A PORTION OF SECTION 12v TOWNSHIP 14 SOUTH► RANGE_
2 WEST► SAN BERNARDINO EASE AND MERIDIAN► IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE CENTER LINE
E:EING MORE PARTICULARLY 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 666.50 FEET TO THE SOUTHEAST CORNER OF LAND
DESCRIBED UNDER PARCEL 1 OF DEED TO FRED BION IRWIN? JR.r ET UXr RECORDED
NOVEMBER 29, 1974► AS FILE NO. 74- 313296 OF OFFICIAL RECORDS; THENCE_ ALONG
THE EASTERLY LINE THEREOF NORTH 0- 26'00' WEST 280.00 FEET TO THE NORTHERLY
TERMINUS OF THE HEREIN DESCRIBED CENTER LINE.
EXCEPTING THEREFROM: THAT PORTION LYING WITHIN SAID PARCEL A ABOVE.
PARCEL A -3:
AN EASEMENT AND RIGHT -OF -WAY FOR PRIVATE ROAD AND PUBLIC UTILITIES AS
SHOWN AND DELINEATED ON PARCELS 1, 3 AND 4 OF PARCEL MAP 5966 AS 'PROPOSED
PRIVATE ROAD EASEMENT'.
RECEIVED
MAY 1 5 1990
ENGINE&ONG SERVICES
DEPART -MENT
Page 2 of 2
-GENERAL. ACKNOWLEDGMENT
* State of On this the 2L�day of 19 q 1 , before me,
* )
* County of "— ) SS- -�/4 yL CIS CA 2 o L m i9NF-UL
* the udersigned Notary Public, personnally appeared
*
* TIm0TlH A1vD (2 VjvTN/A CEPWC6:
*
* proved to me on the basis of satisfactory evidence to
* e the person(s) whose name(s) A Q F subscribed to
* the within instrument, and acknowledged that 7--h 6-1,1
OFFICIAL SEAL executed i t.
PHYLLIS CARL MANFUL
m m NOTARY PUBLIC - C,au F OR NIa WITNESS my hand and official seal.
* " SAN DIEGO COUNTY
* Y �9UNnP My comm. expires NOV 29, 1991
61z� a h 2=: 2 1
* Notary' sOSignature
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PARTNERSHIP ACKNOWLEDGMENT
On this the day of
19 _, before me,
*
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* * * * * * * * * * * * * **
* State of
On
this the day of
19 _, before me,
*
)
*
*
* County of
, *
*
*
the
udersigned Notary Public,
personnally appeared
*
*
*
*
of satisfactory evidence to
*
,
*
*
or on
behalf of the corporation
*
❑
personally known to me
*
*
*
WITNESS my hand and official
*
*
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
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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
*
*
*
F] 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
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