Lien Agreement for Public Improvements 1988-132335�v v
REQUESTED BY AND WHEN RECORDED,
RETURN TO:
CITY CLERK'S OFF0
CITY OF POWAY.
P a 8OX 789
P ®WAY, CA 92061,
um
APN 277 - 140 -18
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by
municipal corporation of the State
referred to as "City," and Kenneth
Poway CA KEAMET"
RAr,\0 &3 A 9.206.5
sometimes hereinafter referred to
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and between the CITY OF POWAY, a
of California sometimes hereinafter
16710 Air Mail Lane,
L. + KATHEftir,E .D. $uTcHEf�'
is "Property Owner."
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WHEREAS, Property Owner and City have agreed to the installation of
certain public improvements in the right of way of 0ld Coach 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, Property Owner and City have agreed to share the costs of said
improvements; and
WHEREAS, City has loaned to Property Owners 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
improvements 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 equal to Property
Owner's share of cost to be established by Resolution of the City Council
of the City of Poway in connection with the installation of improvements to
Old Coach 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:
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429
Principal Obligation Not to Exceed: $421.00
Interest Rate on Unpaid Balance: 5 % per annum
Number of Annual Equal Payments of Principal
Plus Accured Interest: one (1)
(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, executors, 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 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. 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 incumbered 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
the lien created hereby is
and by this reference made
IN WITNESS WHEREOF the
day of 14,
Signatures to be Notarized
Signatures to be Notarized
Description of the real property encumbered by
set forth in full on Exhibit "A" attached hereto
a part hereof.
parties have executed this agreement this -
1987 at Poway, California.
Property Owner:
By b`�-c � 0
vv 430
CITY OF POWAY, a municipal
corporation
ATTEST:
v/2
it Clerk
(City Seal)
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3 6h'UT —
GENERAL
ACKNOWLEDGMENT
*
State of �gi.I�o,e�,A
On this the day of 198) before me,
*
) SS.
*
County of SA, iEg 0 )
�-M 12o AIJ
*
,i,
5
the undersigned Nota y Public, personally appeared
*
klcrirnETH L• d-- kATHC►ZlrvLz7 -D, �Su7LHt:9,
*
*
*
*
*
® proved to me on the basis of satisfactory evidence
*
*
OFFICIAL SEAL
CATHY BROKAW
to be the perso whose narr� ARe subscribed
"m,y Public- cainonft
to the within instrument, and acknowledged that
*
SM DIEGO COUNTY
executed it.
*
MyCom, Up. AV 21.IN9
WITNESS my hand and official seal.
*
*
*
*
*
Notary's Signature
*****************
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
PARTNERSHIP ACKNOWLEDGMENT
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* State of On this the day of 19 before me,
* ) SS.
* County of )
* the undersigned Notary Public, personally 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 —
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
b
CORPORATE ACKNOWLEDGMENT
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* State of On this the day of 19 _, before me,
* ) SS.
* County of )
* the undersigned Notary Public, personally appeared
* *
* *
* *
* F] 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.
k WITNESS my hand and official seal.
k
k
k Notary's Signature
432
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST CUARTER OF
SECTION 309 TOWNSHIP 13 SOUTH• RANGE 1 WEST• SAN BERNARDINO MERIDIAN, IN
-THE CITY OF -POW'AY, IN THE COUNTY OF SAN DIEGO• STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF• DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 30; THENCE ALONG THE WESTERLY LINE OF
SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER• NORTH 00 006.10* WEST,
746.87 FEET; THENCE SOUTH 51'08930" EAST, 367.93 FEET; THENCE NORTH
89.13.40" EAST, 290.85 FEET TO THE TRUE P01NT OF BEGINNING; THENCE
RETRACING LAST TWO ABOVE DESCRIBED COURSES AS FOLLOWS: SOUTH 89' 13'40"
WEST' 190.85 FEET; ANO NORTH 51' 08.30" WEST, 367.93 FEET TO THE WESTERLY
LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID
WESTERLY LINE, NORTH OU'U641U" WEST, 527.63 FEET TO THE SOUTHERLY LINE OF
THE NOkTHERLY 25.00 FEET OF SAID SECTION 30; THENCE ALONG SAID SOUTHERLY
LINE, NORTH 89037950" EAST, 20.00 FEET, MORE OR LESS* TO THE
SOUTHEASTERLY LINE OF COUNTY ROAD SURVEY N0. 722 (KNOWN AS OLD CASTLE
ROAD) ACCORDING TO PLAT THEPEOF ON FILE IN THE OFFICE OF THE COUNTY
ENGINEER OF SAN DIEGO COUNTY; THENCE CONTINUING ALONG SAID SOUTHERLY LINE
NORTH 89'37.50" EAST, 150.00 FEET; THENCE SOUTH 00'06'1C" EAST 225.00 FEET
TO A POINT HEREIN DESIGNATED AS POINT "X "; THENCE EASTERLY ALONG A
STRAIGHT LINE 475.00 FEET, MORE OR LE SSr TO A POINT WHICH IS NORTH
06040120" EAST, 539.02 FEET_ FROM THE TRUE POINT OF BEGINNING, SA_IO_POINT _
-BEING HEREIN DESIGNATED AS POINT "Y ^;y THENCE SOUTH 06040820" WEST• 539.02
FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS=
COMMENCING AT THE SOUTHEASTERLY CORNER OF THE ABOVE DESCRIBED LAND;
THENCE ALONG THE EASTERLY LINE OF SAID LAND, NORTH 06'40.20"
EAST, 101.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID EASTERLY LINE, NORTH 06.40'20" EAST• 438.00 FEET TC
SAID POINT "Y "; THENCE WESTERLY ALONG THE STRAIGHT LINE WHICH
CONNECTS SAID POINT "Y" WITH SAID POINT "X "v A
DISTANCE OF 440.00 FEET; THENCE SOUTH 00'06.10" EAST, 288.00 FEET;
THENCE SOUTHEASTERLY ALONG A STRAIGHT LINES 415.00 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS AND FOR ROAD PURPOSES AND FOR THE
INSTALLATIONS OPERATION, MAINTENANCE AND REPLACEMENT
OF WATERv SEWERS TELEPHONE, GAS* POWER AND OTHER
""""'UTILITY LINES AND APPURTENANCES THERETO, IN, ON9 UNDER9 OVER
AND ACROSS THAT PORTION OF THE NORTHERLY 25.00 FEET OF THE
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