Lien Agreement for Public Improvements 2001-0490615
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DOC. 2001-0490615
JUL 17. 2001 8:16 AM
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CITY OF POWAY
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OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGOf:Y J . SMITH, COUHTYRECDRDH:
FEES: 0.00
RECORDING,REQUESTED BY
WHEN RECORDED RETURN TO-
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CITY CLERK
CITY OF POWAY
PO BOX789
POWAY, CA 92074
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(For Recorder's Use Only)
APN:321-040-18-00
LIEN AGREEMENT FOR PUBLIc IMPROVEMENTS
THIS AGREEMENT entered ,into by and between the CITY OF POWAY, a
muniCipal corporation oUhe State Of California sometimes hereinafter referred to as.
"City", and NicholasG, Colovus '& Jane R Colovus hereinafter referred to as'''Property
Owner"
WHEREAS, Propeiiy'Owner cmd City have agreed toithe installation of certain
improvements iri the Easement for Jerome Drive in Poway, California; and
WHEREAS, Property-Owner represents that PcopertyOwner is the record owner
if that real property described in exhibit "A" attached.he'reto; Cjnd
WHEREAS, City has loaned to property owner monies.,eql:Jal to the share of cost
of said improvements to be paid by property owner; arid
WHEREAS, Property Owner:has,agreedto 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 iri Property Owner's chain oftitle; and
'WHEREAS, theiristallation cif said public improvements has been determined to
be in the public/interest; and
WHEREAS, the loan monies'to Property Owner required to install said
improvements has been determined to be in the public interest
NOW, THEREFORE,IT IS AGREED between.the'parties hereto as follows:
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Section 1, City shall loan to Property Owner the sum equal to Property Owner's
cost for paving Jerome, Drive, 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'
Principal Obligation Not to Exceed - $ 2,297 00
Interest Rate on Unpaid Balance - 6,0 % per annum
Number of Annual Equal Payments
of Principal Plus Accrued Interest - Seven (7)
(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 il1terest
which may accumulate in the future upon said ,sum, Said lien shall be binding LipQn the
Property Owner and Property Owner's heirs, successors, assigns, executors, or other
trar:lsferees in accordance withthe'terms and conditior:ls hereof Notwithstanding the
agreement of the parties for the repayment of said sum in annual installments to be
added to the Property Owner's tax bill, the entire unpaid sum of said loan shall be
immediately due and payable upon the transfer of oWr:lership pf said real property by
Property Owner if said real property has been improved with the construction 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, Upondemand'of Property Owner, if not ir:l 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 ofthe successors, heirs, a'ssigris, executors, and other
transferees of Property Owner, shall run with said real property, shall create an
equitable servitudeupcin 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 ofthe 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
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IN WITNESS WHEREOF the parties have executed this agreementthis J3 day
of rr1t21l:('l'\. , 2DQl, at;Poway, California.
Property Owner'
By'
(Signature Must Be Notarized)
By'
ATTEST
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Lori Anne Peoples, City Clerk '
This is tQ ~ertify that the interestin real property conveyed by the deed or grant dated trJl2 rcl1 .;2f.,.;U:lY
from No Chela", .. ;\i2nf<. ('oj D lilt S to the City of Poway, a political corporation and/or
gove"rnmerital agency, is hereby accepted by the undersigned officer or agenton behalf of the City
Council pursuant to authority conferred by Resolution No,34 adopted on January 20, 1981 and the
grantee consents to recordation thereof by its duly authorized officer
Dated:
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By' ~j,dIW.Q,tfJtJ0~, ~ Cdtt ~
City Clerk"
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STATEOF CALIFORNIA
COUNTY OF, Ylm r:0t~C')
On mlln (' .h {)?r ;;JryV
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before me, ~.4/1/J1 Y. <() <-);/p/;..p
a,NotaryPublic in and for said County and State, personally appeared
ri/;('k.ib.'? (; ('oJ6VLA-O ad O(h/JW e CG~ V//,O
~er~v"ally ~"o"l"Ile FRS (or proved to me on the basis of satisfactory evidel)ce) to'be th~rson(s) whose name(s)
is~subscribed to the within instrument and acknowledged to me that he/she~xecuted the same in
hiS7her ~uthoriZed capacity(ies), and that by his/her /~ignature(s) on the instrument the person(s). or the
entity upon behalf of which the person(s) acted, executed the instrument
WITNESS my hand and official seal.
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Signature of Notary
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, NOTAIIY I'UllUc CAul'Ofuu.
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL I
All that portion of, the Southwest Quarter of the Southwest Quarter of the
Northeast Quarter of Section 6, Township 14 South, Range I West, San
Bernardino Meridian, inthe County of San Diego, State, of California, according
to United States Government Survey, described as follows:
Comri1encing at the Northeast comer of the South Half of said Southwest Quarter
of the Southwest Quarter of the Northeast Quarter of Section 6; thence North 880
59' 15" West 497,08 feet to the TRUE POINT OF BEGINNING; thence
continuing North 88059' 15" West 176,00 feet more orless to the West line of the
Northeast Quarter of Section 6; thence South 000 32' 33" East 334,60 feet more or
less to the Southwest comer of the Southwest Quarter of the Northeast Quarter;
thence South 880 56' 04" East 175,68 feet to a line,that bears South 000 12' 16"
East from the TRUE POINT OF BEGINNING; thence North 000 12' 16" West
334,66 feet to the TRUE POINT OF BEGINNING,
PARCEL 2:
An easement and right of way for ingress and egress for road, and public utility
purposes through, over, along,and across the South 30 00 feet ofthe North Half of
the Southwest Quarter of the Southwest Quarter of the Northeast Quarter; and the
North 30,00 feet ofthe South;Half of the Southwest Quarter of the Southwest
Quarter-of the NortheastQuarter, all being in said Section 6, Township 14 South,
Range I West, San Bernardino Meridian, in the County'ofSan Diego, State of
California, EXCEPTING therefrom that part thereof that lies within Parcel I
above described,
Lien agreement- Colovus