Lien Agreement for Public Improvements 1988-132353� Y r
L .
REQUESTED BY AND WHEN RECORDED,
RETURN TO:
CITY CLERK'S OFFIC9
CITY OF POWAY,
P.O. BOX 789
POWAY, CA 92064
530
APN 277 - 020 -23
68 132353
}
I RJR 23 PH 2.20
EPA L11.E
L
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS NCB 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 Jerome J. & Marion W. Wier, 13865 Mldgrove Ct. ,
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:
25
„%o 531
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 shalt 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.
7�
IN WITNESS WHEREOF the parties have executed this agreement this y —
day of 1,9 pgj4_ , 1987 at Poway, California.
Property Owner:
B�
Signatures to be Notarized
Signatures to be Notarized
Mmi
532
CITY OF POWAY, a municipal
corporation
;;���.- ` i-
ATTEST:
/City Clerk
(City Seal)
m /lienl -3
533
GENERA!_ ACKNOWLEDGMENT
* State of C,4,4ifa,e n1g On this the /�� day of eJ 19 F before me,
* ) SS.
* County ofs''h CA,-H V aPokA+�
* the undersigned Notary Public, personally appeared
*
*
* ERamC .1 d- 61gA!a►J I,J QlER
*
* _Ll Personally Ln to me
*
*
* ...�� proved to me on the basis of satisfactory evidence
AMON CATHY 6RK 1 to be the perso(ED whose nan� ,9,pF subscribed
* No�ry s to the within instrument, and acknowledged that
executed it.
* myc,nra,.ftAW.21.IM WITNESS my hand and official seal.
*
* Notary's S—i-ghatuff-
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 * a
* 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
534
pfrAk
EXHIBIT "A"
D17SCRIPT. LON
PARCEL A:
A- 670777
1)FrCRIPTI0"1
"ace; 1
Parcels 3 in the County of San Diefo, State of California as
shown, at Page 12471 of P-ircel `inns, file! in the Office of the County
Recorder of San Diego County, December 13, 1992.
PARCEL B
An attseatent for ingreay ,tits1 v} ±toss for road and public utility purposes
and appurtenances thereto over, under, along and across a strip of land
60.00 feet in width, lying; within the Southeast Quarter of the Southwest
Quarter of Section 17, Township 13 South, Range 1 West, San llecnardino
Meridian, in the County of Srtn Diego, State of California, according to
Official Plat thereof, the canter line of said strip being described as
f 01 lows
Commencing at the Southwest corner of said Section 17; thence along, the
Westerly line of said Section 17, North 00'19'23" .lost, 465.41 feet to
the beginning of a tangent 70.00 foot radius curve, concave Southeasterly;
thence Northeasterly along; the arc of said curvy througli a central angle
of 73 °31'42" a distance of 89.83 feet; thence tangent to said curve
North 73 °12'19" Fa9t, 68.43 feet; thence North 55 °40'01" East, 242.25
feet; thence Forth 70 °19'19" Fast, 150.53 feet; thence North 59 °42'39"
East, 379.56 feet; thence North 55 °30'17" East, 237.12 feet; thence
North 75 010'59" Fast, 213 46 feet, thence North El9°15'45" Fast, 154.72
feet to the Glcsterly line of the Southeast Quarter of the Southwest
Quarter of sag:! Section 17 and being, the TRUE POINT OF 131i0INNINC, thence
South 38828'43" Eaot, 1U0 01 foot, thence. north 8S °34'35" Fast, 117.13
feet to the beginnin, of a tangent 200.00 foot radius curve, concave
Northwesterly; thence Northea.terly along the arc of aald carve through
a central angle of 33 °23' 'i7" a distance; of 116.59 feet, thence tangent
to said curve 11orth 55 °10'36" ?nst, 181 87 feet; the:ncc North 71 °44'59"
East, 148 75 feet, thence north 75 °14'33" East, 63.50 feet, thence North
70 °32'12" East, lte4.94 feet to the Northerly line. of said 'ioutllcatit
Quarter of the Southwest Quarter of Section 17 Said unsement to terminate
in the Westerly and Northerly line of said Southeast Quarter of the
Southwest Quarter The sidelines of said easement are to he prolonged
or shortened so as to intersect the Westerly and Northerly lines of said
Southeast Quarter of the Southwest Quarter