Lien Agreement for Public Improvements 1988-1323525258 1�5�
J
REQUESTED BY AND WHEN RECORDED,
RETURN TO:
CITY CLERK'S OFFICE ; ;
CITY OF POWAY. e � 2-- ,
P. 0, BOX 789 # €f
POWAYj CA 92064 APN 277- 020 -22
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a V0- FEE,
municipal corporation of the State of California sometimes hereinafter
referred to as "City," and Donald G. Werth, 2466 Valleyview, Troy, MI 48090
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 0ld 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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526
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 encumbered 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 WIT MESS WHEREOF the parties have executed this agreement this ^��
day of lyope /4 , 1587 at . GJoea.%►, M,ay,4,4A)
Signatures to be Notarized
Signatures to be Notarized
Property Owner:
Geraldine M. Mertens "
Oakland County !Votary Publia
Actingy in Macomb County, Mich,
My Comirnission Expires February 4, 1990
t
ATTEST:
V 7ya,*A t�,
C ty Clerk
m /lienl -3
V 527
CITY OF POWAY, a municipal
corporation
Mayor
(City Seal)
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528
EXHIBIT "A"
DESCRIPTION
PARCEL A:
O)SAFECC
A- 672533
DESCRIPTION
Page 1
Parcel 2, in the County of San Diego, State of California as shown at Page
12471 of Parcel Maps, filed in the Office of the County Recorder of San Diego
County, December 13, 1982.
PARCEL B:
An easement for ingress and egress 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 Bernardino Meridian, in the
County of San Diego, State of California, according to Official Plat thereof,
the center line of said strip being described as follows:
Commencing at the Southwest corner of said Section 17; thence along the
Westerly line of said Section 17, North 000 19' 23" West, 465.41 feet to the
beginning of a tangent 70.00 foot radius curve, concave Southeasterly; thence
Northeasterly along the arc of said curve through a central angle of 730 31'
42" a distance of 89.83 feet; thence tangent to said curve North 730 12' 19"
-- East, 68.43 feet; thence North 550 40' 01" East, 242.25 feet; thence North 700
19' 19" East, 150.53 feet; thence North 590 42' 39" East, 379.56 feet; thence
North 550 38' 17" East, 237.12 feet; thence North 75° 10' 59" East, 213.46
feet; thence North 890 15' 45" East, 154.72 feet to the Westerly line of the
Southeast Quarter of the Southwest Quarter of said Section 17 and being the
True Point of Beginning; thence South 880 28' 43" East, 100.01 feet; thence
North 880 34' 35" East, 197.13 feet to the beginning of a tangent 200.00 foot
radius curve, concave Northwesterly; thence Northeasterly along the arc of
said curve through a central angle of 330 23' 57" a distance of 116.59 feet;
thence tangent to said curve North 550 10' 38" East, 181.87 feet; thence North
71° 44' 59" East, 148.75 feet; thence North 750 14' 33" East, 63.50 feet;
thence North 700 32' 12" East, 144.94 feet to the Northerly line of said
Southeast Quarter of the Southwest Quarter of Section 17. Said easement to
terminate in the Westerly and Northerly line of said Southeast Quarter of the
Southwest Quarter. The sidelines of said easement are to be prolonged or
shortened so as to intersect the Westerly and Northerly lines of said
Southeast Quarter of the Southwest Quarter.
PARCEL C:
An easement and right - of-way for ingress, egress and public utility proposes
over, under, along and across a strip of land sixty feet in width lying within
the Southwest Quarter of the Southwest Quarter of Section 17, Township 13
South, Range 1 West, San Bernardino Meridian, in the County of San Diego,
State of California, according to the Official Plat thereof, said strip of
land lying thirty feet on each side of the following described line:
'GENERAL ACKNOWLEDGMENT
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State of �j��,F,�,�,�J
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On this the � day 0,10I4-
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*
of 19 before me,
*
County of /yfff L`OM,6 )/
SS.
*
the u !dersigned Not y Public, personally appeared
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*
*
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perso ally 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) whose name(s) subscribed
*
to the within instrument, and acknowledged that
*
executed it.
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WIT SS my hand and official seal. Geraldine M Mertens
Oakland County Notary Public
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*
Oh Actenn sr, Macomb County, Mich.
19* 50
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Notary's Signature iv =y mi
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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.
*
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* Notary's Signature
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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.
*
*
k Notary's Signature