Lien Agreement for Public Improvements 1988-132354r 535 132354
REQUESTED BY AND WHEN RECORDED,
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RETURN TO: N TS
CITY CLERK'S OFFI -a
CITY OF POWAY F '- 1 i
P.O. BOX 789��'1
POWAY, CA 92064 APN 277 - 080 -13
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
JVO FEE
THIS AGREEMENT entered into by and between the CITY OF POWAY, a munici-
pal corporation of the State of California sometimes hereinafter referred
to as "City," and Kenneth A. and Rose Pang Regas, 13809 Eisenhower Ave
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:
2B
536
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
the lien created hereby is
and by this reference made
IN WITNESS WHEREOF the
day of y PR/Z-
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 y
1987 at Poway, California.
Property Owner:
537
CITY OF POWAY, a municipal
corporation
ATTEST:
City Clerk
v
(City Seal)
m /lienl -3
PARTNERSHIP ACKNOWLEDGMENT
Lie" (�ro1 E7EMChT --- j U6U L, i'-Y► PRovEm�nTs
'GENERAL ACKNOWLEDGMENT
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State of
On this the day of 19 before me,
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State of CALIFoftn7)A
On this the day of Y_ 19 9D before me,
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SS.
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County of C-1,rHy �fZokgLJ
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the undersigned Notary Public, personally appeared
the undersigned Notary Public, personally appeared
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%EAr\ETH d Ro.SE PoroG tgECAS
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❑ personally known to me
r'jjWVVjj to !Ile,
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proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument
CATMYABROKAW
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o be the personTl whose name s) Aft E subscribed
on behalf of the partnership, and acknowled -ged to me that
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to the within instrument, and acknowledged that file
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WITNESS my hand and official seal.
executed it.-
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M,�,,,,�,.Ev.AV.21.I=
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WITNESS my hand and official seal.
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Notary's Signature —
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Notary's Signature °
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PARTNERSHIP ACKNOWLEDGMENT
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State of
On this the day of 19 before me,
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SS.
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County of
)
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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(s) who executed the within instrument
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on behalf of the partnership, and acknowled -ged to me that
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the partnership executed it.
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WITNESS my hand and official seal.
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Notary's Signature —
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CORPORATE ACKNOWLEDGMENT
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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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❑ personally known to me
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❑ proved to me on the basis of satisfactory evidence to
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be the person(s) who executed the within instrument as
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or on behalf of the corporation
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therein named, and acknowledged to me that the corporation
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executed it.
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WITNESS my hand and official seal.
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Notary's Signature
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539
ORDER NO. 23428
' EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A -1t
That portion of the Northwest
South, Range 1 West, San Bernardino eMeridian, according wtohUni13
States Government Survey, described as follows; ted
Beginning at the Northwest corner of said Section 20; thence South
4'01'24" West along the West line thereof 266.39 f
89'12'02" Bast 330.00 feet; thence North 4'01'24 " East 266.39 feeth
to the North line of said Section 20; thence South 89'12102" West
along said North line 330.00 feet to th,% point of beginning.
PARCEL A -21
An easement for road and utilities, construction and maintenance
thereof, over, under, along and across a
Quarter of the Northeast Portion of the Northeast
Range 1 West, San Bernardino Meridian, County 9ofTIansDie 13 South,
California and more particularly described as follows: go, State of
Commencing at the Northeast corner of said Section 19; thence
Southerly along the Easterly line thereof 300.97 feet to the
of beginning of that certain grant of real property as Point
g
Document No. 78- 003325, recorded January 4, 1978 in the Office of
the Recorder of said San Diego County; thence North 4001124" East
along said Easterly line 25.05 feet to the intersection with the
Easterly edge of the County maintained road known as Old Coach Road,
as shown on Parcel Map No. 5920, recorded in the Office of the
County Recorder of said San Diego County on May 12, 1977 and the
TRUE POINT OF BEGINNING of the herein described easement; thence
continuing Northerly along said Easterl y line North 4001124" East
49.53 feet, thence South 70'29159" West 19-77 feet to the Easterl
edge of said County maintained road known as "Old Coach Road"; y
thence Southerly along said Easterly edge South 19'30100" East 45.41
feet t0 the TRUE POINT OF BEGINNING.
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