Lien Agreement for Public Improvements 1988-13233441 421 48 132334
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REQUESTED BY AND WHEN RECORDED,
RETURN TO: 11333* 'lr' 2 3 PH , 0
CITY CLERK'S OFFICE
CITY OF POWAY 1 Vx_x ;;1. i_.t ;
P o. BOX 789 1. t ccx7; I
POWAY, CA 92064 APN 277 - 140 -16
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a "6 FEE
municipal corporation of the State of California sometimes hereinafter
referred to as "City," and Joseph & Eileen Fagen, 17170 Old Coach Road,
Poway, CA 92064
sometimes hereinafter referred to as "Property Owner."
WHEREAS, Property Owner and City have agreed to the installation of
certain public improvements in the right of way of Old 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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Principal Obligation Not to Exceed: $420.00
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 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 15
day of MAY , 1987. at Poway, California.
I�/ Signatures to be Notarized
Signatures to be Notarized
Property Owner:
2
By:
// ��
•V
ATTEST:
City Cltrk
m /lienl -3
W 423
CITY OF POWAY, a municipal
corporation
By:
Mayor
(City Seal)
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EXHIBIT "A"
EXHIBIT `A•
PARCEL 1:
That Portion of the Northeast Quarter of the Northwest
Quarter of Section 30 Township 13 South. Range 1 Weet:. Sol
Bernardino Meridiah, Ir. the County of San Diego, Staid of
California, according to United States 6overnmert Survey.
described as follows:
Commencing at the °outhwest co m er of said Northeast Quarter
of the Northwest Quarter; thence along the Westerly line cr
said Northeast Quarter of the Northwest Quarter North
00'06'108 West. 741.67 feet; thence South 51608'30• East.
361 93 feat; thent,� North 89013140* East, 290.8E feet;
thence North 060401200 East. 539 02 feet to the True Point
Of Beginning; thence continuing North 06.40120' East, 225.L0
feet to the Southerly line of the Northerly 25.(0 feet of
said Section 30; t;ence along said Southerly lire South
89.31'50• West, 491 66 feet to a point distant thereon North
890371504 East. 15u 00 feet from the inters6cti4n of said
Southerty line with the Southeasterly line of County Road
Survey No 772 (known as Old Coacn Road) according to plat
thereof on file in the Office of the County Engineer Gt Saa
County; thence South 00"36'10• East, 225 Of) feet;
thence Easterly €lan; a Straight time, 415 00 feet, more or
less, to the True Patnt of Beginning
Exce:+t,ng therefrom that Portia, lying Nurthwesterly of a
line described as fellows
Commencing at the Northwest corner of 0e Northeast Quarter
of the Northwest Quarter of Section 30. Township 13 South,
Range 1 West, San Bernardino Meridian, thence along the
hortherly line of said Section 30. North 89 311SC0 East,
118 di feet. being a Point on the arc of a 100.00 foot
radius curve, concave Westerly, a radial line of said curve
bears South 63.04'30• East to said Point. and bring also th'?
True Point of Beginning thence Southerly along the arc of
said curve throu9r a central angle of 09'12 *41' a distance
of 16 31 feet; thence tangent to said curve, South 36.18'11'
West. 14.36 feet
161V
425
EXHIBIT "A" CONTINUED
EXHIBIT •A' CONTINUED
PARCEL 4:
An easement for road purposes ov!r, upon and across a strip
of land 20 00 feet in width, lyi@gg within the North Half of
the Northwest Quarter of Section 30, Township 13 South.
Range 1 West. San Bernardino Meridian. in the County of San
Diego. State of California. according to United States
Government Survey, the center line of said strip being
described as fol.out
Beginning at the Southerly terminus of the center line of
Parcel 3 hereAnabo%t described. being a point on the Northerly
line o! said Section 30 and being also a point oe the arc of
a 100 00 foot radius curve. concave Westerly, a radial line
of said curve bears South 63.04'300 East to sail point;
thence Southerly along the arc of said curve through a
central angle of 09':2'41' a distance of IF 37 feet; thence
tangent to said curve South 36.18'111 West, 74 86 feet to
the beginning of a tan ent 600 00 fact radius curve, concave
Southeasterly; thence southwesterly along the arc of said
Curve through 4 central angle of 0E' ?0143" a distance of
58 19 feet; thence tangent to said curve South 29.47128"
West, 53 :4 feet to the beginning of a tangent 250 00 foot
radius curet. concave Northwesterly; thence Southweste -ly
along the are of sold curve through a central anal a of
3,341 34' r distance of 133 29 feet; tn-nca tangent to said
cur=e !out1 W29 02' West. 131 76 Itet to t a b-g'n: r., of
a .a7Gent 150 00 foot radius curve, concave Sou:he•sstar':;
the ^ce Southwesterly along the are of said curve through a
Con,tra, and a of 26'36'32" a distance or 69 56 feet; thence
tangent to said curve South 34'52'30• West. 109 89 feet to
the ',eginning of a tangent 500 00 foot radius curve. concave
Northwesterly; thenr.e Southwesterly along the arc of S41d
curve through a centre, angle of 07101'03' a distance of
61 24 feet; thence tangent to said curve South 41'53 33"
West, 71 12 feet to the beginning of a Lament 150 00 foot
radius curve concave Southeasterly; thence Soigt:+wester'y
along the arc of said curve through a central angle of
22'67'29" a distance of 57 92 feet; thence tangent to said
curve South 19.46 04' West. 70 32 feet to the beginning of a
tangent 650 00 foot radius curve. concave Northwesterly;
thence Southwresterly along the arc of said curve through a
central angle of 01.14'18' a distance of It 05 feet to the
beginning of a compound 50 00 foot radius curve; thence
Southwesterly. Westerly and Northwesterly along the arc of
said curve through a central angle of 99.59'321 a distance
of 87.26 feet; thence tangent to said cur a North 59'00 CS'
West. 64 03 feet to the Southeasterly line of County Road
Survey No 722 (known as Old Coach Road) as described in
deel to the County of Sen Diego. recorded February 15. 1968
as File No 26947 Said easement to terminate 'lortnerly in
the Northerly line of said Section 30 and tc terminate
Southwesterly in the Southeasterly line of s&14 Old Coach
Road
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W� 426
EXHIBIT "A" CONTINUED
EXHIBIT 'A' CONTINUED
PARCEL 5
An easement and right of way for ingress and egress for road
purposes and for water lines` electric lines and gas lines
and other utility lines above, beneath and on the �urfaCi of
that portion of the Southerly 60 00 feet of the So►.'theakt
Quarter of the Southwest Quarter of Section 19. Townsb�p 13
South. Range I West, San Bernardinn Meridi . in tote unty
Of San Oiegc. State of California. accordinang to tln►ted
States Government Survey lyirsy Eas rely of the Easterly tine
of Parcel 3 hereinaboie described
PARCEL 6
An easement and right of way for water line purpos s over P.
strip of land !0 00 f at in width, lying within the East
half of the Northwest Quarter of Section 30. Township 13
Soutn, Range 1 West. :an Bernardino Meridian. in tie County
Of San Oiego. State of California, accordin to tin ted
States Government Sur.ey. the center line 01 said strip
being described as follows
Commencing at the Southwest corner of the Northeast Quarter
of the Northwest Quarter of said Section 30; thenc4 along
the aester,y lire of said Northeast Ouarter of the Northwest
0uarter, North 00.0E'10' West, 74C 87 feet; thence South
51'C8'30' East, 361 ?3 feet. thence North 89'13 40' East.
290 8:. feet, thence North 05'40120' Eas,, 533 02 feet to the
'rue Point of Seginr<r;; thence retracing Soutn 06-40-20-
West. 539 02 fee €t; thence South 03.55 50' West. 109 Co
feet; thence South 16118 11' West. 593 84 feet to the nor i, <r
oounc:ary of County Road Sdrvey No 335 (known as Espola
Road) according to Official plat thereof on file in the
Office of he County Engineer of San Diego County
'GENERAL ACKNOWLEDGMENT
�i27
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* State of California On this the 13th day of May 19 87, before me,
* l SS.
%,VUIILj U1 Suz
* the undersic
*
*
*
* ❑ personal
*
* OFFICIAL SEAL Q proved t
SUZANNE CASSELL to be the PE
* ca •" NOTARY PUBLIC - CALIFORNIA to the wl thl
* SAN DIEGO .`PAUNTY executed it.
* My Comm expires FEB 119, 1991 WITNESS m h
*
* Nota y's Sig
* * * * * * * * * * * * * * * * * ** * * *
nne uasseil
ed Notary Public, personally appeared
*
Joseph T. Fagan
y known to me
*
me on the basis of satisfactory evidence
son(i) whose name(* is subscribed
instrument, and acknowledged that he
nd and official s al.
*
ture
* * * * * * * * * * * * * * * * * * * * * * **
PARTNERSHIP ACKNOWLEDGMENT
* State of CALIFORNIA On this the 15 day of MAY 19 87 before me,
* ) SS.
* County of SAN DIEGO ) Rae Anne Cook
* the undersigned Notary Public, personally appeared
* *
* Ei.11een Fagen
* *
* ❑ personally known to me
*
* a OFFICIAL SEAL
ANNIE COOK ❑x proved to me on the bases of satisfactory evidence
O A,`r j'> iC CAUFORNIA to be the person(s) who executed the within instrument
* "A � :, , F, `" o, -'CE." on behalf of the partnership, and acknowledged to me that
J ,:A COUNTY
44 r� :r 15 , Exp Nov 23 1990 the partnership executed it.
WITNESS my hand and official seal.
Jv-
* Notary's Signature
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CORPORATE 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 as
* or on behalf of the corporation
* therein named, and acknowledged to me that the corporation
* executed it.
* WITNESS my hand and official seal.
*
*
k
*
* Notary's Signature