Lien Agreement for Public Improvements 1988-132333M
416
REQUESTED BY AND WHEN RECORDED,
RETURN TO: ;
CITY CLERK'S OFFICE '
CITY OF POWAY
P.O. BOX 789 APN 277- 140 -15
POWAY, CA 92064
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X32333
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
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THIS AGREEMENT entered into by and between the CITY OF POWAY, a munici-
pal corporation of the State of California sometimes herg�in ffter refferred
to as "City," and Edwin J and Sydne L Shoemaker, 1703 Old Coac Rd,
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 deter-
mined 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:
NO FEE
FAR
417
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:
(Payable April 15 of each year) one
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 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 , 1987 at Poway, California.
Prop
By:
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418
CITY OF POWAY, a municipal
corporation
ATTEST:
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City Clerk
(City Seal)
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this the day of 19 before me,
GENERAL ACKNOWLEDGMENT
419
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State of CA L 1::--0r-1- \I
On this the �= day of APR I L 19 £� before me,
the
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County of S,nr .9jECr kakALO
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the undersigned Notary Public, personally appeared
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personally known to me
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proved to me on the basis of satisfactory evidence
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to be the person(sj whose names ,q,QE subscribed
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to the within instrument, and acknowledged that -HEi
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on
behalf of the partnership, and acknowledged to me that
executed it.
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1*00M. Do. Ap►.21,190,
WITNESS my hand and official seal.
*
WITNESS
my hand and official seal.
*
*
*
*
* Notary's Signature
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
PARTNERSHIP ACKNOWLEDGMENT
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* State of
On
this the day of 19 before me,
) SS.
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* County of
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*
the
undersigned Notary Public, personally appeared
*
*
*
*
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*
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❑
personally known to me
*
*
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❑
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,
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.
*
*
* Notary's Signature
420
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EXHIBIT "A"
SCHEDULE C
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THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF
CALIFORNIA: COUNTY OF SAN DIEGO9 AND IS DESCRIBED AS FOLLOWS,
PARCEL 1A
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 30S TOWNSHIP
13 SOUTH* RANGE 1 WEST: SAN BERNARDINO MERIDIANS IN THE COUNTY
OF SAN DIEGO* STATE OF CALIFORNIA: ACCORDING TO OFFICIAL PLAT
THEREOF* DESCRIBED AS FOLLOWS,
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 309 THENCE ALONG THE
WEST LINE THEREOF NORTH 000601011 WEST 746.87 FEETi THENCE LEAVING
SAID WEST LINE SOUTH 51008/3011 EAST 367.93 FEETi THENCE NORTH
8901314011 EAST 290.85 FEET TO THE TRUE POINT OF BEGIht,:NG►
THENCE NORTH 6040120" EAST 764.02 FEET TO THE SOUTH LINE OF
THE NORTH 2540 FEET OF SAID NORTHEAST QUARTER OF THE�NGRT"WF '~ "....
QUARTER; THENCE ALONG SAID SOUTH LINE SOUTH 8993715011 WEST' In ","
646*66 FEET TO THE SOUTHEAST LINE OF THE COUNTY ROAD KNOWN
AS ROAD SURVEY NO. 7229 ACCORDING TO PLAT ON FILE IN THE OFFICE
OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTH 8903715011
WEST TO THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST
QUARTER; THENCE ALONG SAID WEST LINE NORTH 000611011 WEST 25
FEET MORE OR LESS TO THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER OF THE NORTHWEST QUARTERS THENCE NORTH 89037150" EAST
1307.35 FEET TO THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER
OF THE NORTHWEST QUARTERi THENCE ALONG THE EAST LINE THEREOF
SOUTH 0011028t1 EAST 553x88 FEET TO THE NORTHEAST CORNER OF
LAND DESCRIBED IN DEED TO LAURIE S. STAUDE RECORDED OCTOBER
189 1967 AS FILE N0. 161573 OF OFFICIAL RECORD5t THENCE ALONG
THE NORTHERLY LINE OF SAID LAND SOUTH 89048'32" WEST 250.00
FEET AND SOUTH 64007150" WEST 263.65 FEET TO THE NORTHWEST
CORNER OF SAID LANDi THENCE SOUTH 64 007'5011 WEST 270.79 FEET
TO THE TRUE POINT OF BEGINNING®
PARCEL 2,
AN EASEMENT FOR ROAD PURPOSES OVER9 UPON AND ACROSS A STRIP
OF LAND 20 ,,00 FEET OF EVEN WIDTHS SITUATED WITHIN THE SOUTHWEST
QUARTER OF SECTION 199 TOWNSHIP 13 SOUTH9 RANGE 1 WEST: SAN
BERNARDINO MERIDIANS IN THE COUNTY OF SAN DIEGO9 STATE OF CALIFORNIA:
ACCORDING TO OFFICIAL PLAT THEREOF: THE CENTER LINE OF SAID
STRIP OF LAND BEING DESCRIBED AS FOLLOWS,
923380 PAGE 7