Lien Agreement for Public Improvements 1988-13236268 132362
REQUESTED BY AND WHEN RECORDED,
RETURN T0: X568 MA 23 PH 2. 20
CITY CLERK'S OFFICE
CITY OF POWAY. f
P O. BOX 789 f:om -41 Y $i -CI 'Di
POWAY, CA 92054 APN 277 - 130 -18
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a NO FEE
municipal corporation of the State of California sometimes hereinafter
referred to as "City," and 13051 Old West Avenue, San Diego,
CA 92129 719mES W. HUFFMA1'V�?12.
IM
sometimes hereinafter referred to-d's "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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�v 578
Principal Obligation Not to Exceed: $3,512.00
Interest Rate on Unpaid Balance: 5 % per annum
Number of Annual Equal Payments of Principal
Plus Accured Interest: nine (9)
(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 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.
Signatures to be Notarized
Signatures to be Notarized
Property Owner:
By:
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CITY OF POWAY, a municipal
corporation
By: Mayor
ATTEST:
C .ty Clerk
(City Seal)
m /lienl -3
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
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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
— Pu94 /C /mP�vvE�nE�zs
GMERAL ACKNOWLEDGMENT
580
* * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
* State of CALLralgNjg
On this the day of AaAjL 19 8) , before me,
* )
SS. I
* County of SAr, .DjECro
CAZ T a vJ
*
the undersigned Notar Public, personally appeared
*
*
*
*
*
*
( proved to me on the basis of satisfactory evidence
OFFICIAL SEAL
to be the personfs+ whose name(-s-) is subscribed
* ATTHYAb BROKAW
to the within instrument, and acknowledged that
am OEM ootNrr
executed it.
*
*
WITNESS my hand and official seal.
* luyr cWW. EV. Apr 21, t9s9
�
*
*
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
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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
7
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EXHIBIT "A"
SCHEDULE C
The land referred to in this policy is situated in the State of California,
County of San Diego and is described as follows:
PARCEL A:
Parcel 1 of Parcel Map No. 5920, in the City of Poway, County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego
County, May 12, 1977 as File No. 77- 182075 of Official Records.
PARCEL B:
An easement and right of way for ingress and egress, road and utility
purposes, including but not limited to electric power, telephone, gas, water,
sewer and cable television lines and appurtenances thereto, together with the
right and power to convey the same to others over, under, along and across
those portions of Parcels 2, 3, and 4 of Parcel Map No. 5920, in the City of
Poway, County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, May 12, 1977 as File No. 77- 182075 of
Official Records, lying within the "Proposed 60 foot Private Road Easement" as
delineated and designated on said Parcel Map.
Excepting therefrom that portion lying within Parcel A hereinabove described.
PARCEL C:
An easement and right of way for ingress and egress, road and utility
purposes, including but not limited to electric power, telephone, gas, water,
sewer and cable television lines and appurtenances thereto, together with the
right and power to convey the same to others over, under, along and across a
strip of land 60.00 feet in width, lying within the Northeast Quarter of the
Northeast Quarter of Section 19, Township 13 South, Range 1 West, San
Bernardino Base and Meridian, in the City of Poway, County of San Diego, State
of California, according to United States Government Survey thereof, the
centerline being described as follows:
Beginning at the Northeast corner of Parcel 2 of Parcel Map No. 5920, in the
City of Poway, County of San Diego, State of California, filed in the Office
of the County Recorder of San Diego County, May 12, 1977 as File No. 77- 182075
of Official Records; thence along the Northerly line of said Parcel Map and
the Westerly prolongation thereof South 89 °15'36" West 1367.70 feet, (Record
South 89 °14'37" West 1367.69 feet) to the Westerly line of the Northeast
Quarter of the Northeast Quarter of said Section 19.
Said easement to terminate Easterly in the Easterly line of said Section 19
and to terminate Westerly in the Westerly line of said Northeast Quarter of
the Northeast Quarter.
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582
Excepting therefrom that portion lying within Parcel A hereinabove described.
The easements hereinabove reserved and granted are hereby forever made
appurtenant for the use and benefit of all present or future owners of all or
any portion of said Parcel Map No. 5920.
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