Lien Agreement for Public Improvements 1988-132357132357
REQUESTED BY AND WHEN RECORDED,
RETURN T0:
CITY CLERK'S OFFICE °
CiTY OF POWAY V's
P.O. .BOX 789 APN 277 - 130 -06
POWAY CA 92064 ' "' f� " LA stF.
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a
municipal corporation of the State of California sometimes hereinafter
referred to as "City," and Leonard & Yvonne Bridgwater, 18159 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:
NO FEE
W 552
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 thisl6 th
day of April , 1987 at Poway, California.
Signatures to be Notarized
Signatures to be Notarized
Property Owner:
Leonard T. Brldgwate
By:
Yvonne A. Bridgwater=
553
CITY OF POWAY, a municipal
corporation
By:
Mayor
ATTEST:
J
'City Clerk
(City Seal)
m /lienl -3
--EXHIBIT "A"
PARCEL 1
5-H
That portion of the Northeast Quarter of the Northeast Quarter of Section
19, Township 13 South, Range 1'West, San Bernardino Base and Meridian,
in the County of San Diego, State of California, according to United
States Government Survey, described as follows
Commencing at the Northeast corner of said Section 19, thence along the
Easterly line of said Section 19, South 04 °01'15" West, 300 97 feet to
% a point herein designated as Point " "", ,
+E /NE feet to a point herein designated as Point en Y e South
,thence9 retracing e11orth87'S4
89 014'37" East, 269 04 feet to a point herein designated as Point "Z"
thence South 16 °20'44" East, 310.21 feet to a point on the arc of a non -
tangent 296.77 foot radius curve concave Westerly, a radial line of said
curve bears North 64`55154" East to said point, and being the TRUE POIIN
OF BEGINNING, thence Southerly along the arc of said curve through a
central angle of 57 °20'3011, a distance of 297.01 e South 58 °3607"
feet thenc'
East, 345.73 feet to a point on the Easterly line of said Section 19, 36'
dis-
tant therealong North 04 °01115" East, 177.84 feet from the Southeast
corner of said Northeast Quarter of the Yortheast Quarter of Section 19,
thence along said Easterly line of Section 19, North 04 °01115" East,
469.42 feet to a line which bears P?orth 89 °16'20" East, from the TRUE
POINT OF BEGINNING, thence South 89 °16'20" West, 310.15 feet to the TRUE
POINT OF BEGINNING.
PARCEL 2:
An easement for road purposes over 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 County of San Diego, State of California, according to United States
Government Survey, the center line of said strip being described as follows
Beginning at said Point "X" hereinabove designated in Parcel 1 ; being a
point on the Easterly line of said Section 19, thence 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.
PARCEL 3.
An easement for road purposes over and across a strip of land 60.00 feet in
width lying within theNortheast Quarter of the Northeast Quarter of Section
19, Township 13 South, Range 1 West, San Bernardino Ease and 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 follows
Beginning at said Point "Z" hereinabove designated in Parcel 1 ; thence South
16 °20'44" mast, 310.21 feet to a point on the arc of a non - tangent 296 77
506912 foot radius curve, concave Westerly, a radial line of said curve bears North
Page 1 of 2
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64 055'54" East to said point, thence Southerly along
through a central angle of 57 °20130 ". a distance of
to terminate Southerly in the Northerly bbound4arv.o
EXCEPTING therefrom the tlortheriv$_ 3n riri�
Page 2 of 2
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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
C G �
`
V V 556
GENERAL- ACKNOWLEDGMENT
* *
* * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
State of California
On this the 16th day of April 1987 before me,
*
) SS. —
*
County of San Diego
) Lisa M. Mullen
*
the undersigned Notary Public, personally appeared
*
*
*
Leonard T. Bridgwater and Yvonne A. Bridgwater
*
*
*
® personally known to me
*
*
*
FRI proved to me on the basis of satisfactory evidence
SEAL
to be the person(s) whose name(s) subscribed
*
LLED
a ALIFORNIA
=NOTARYPUBUC
to the within instrument, and acknowledged that
*
OUNTY
executed i t.
rch15,1991
WITNESS my hand and officia seal.
*
*
*
Notar '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