Lien Agreement for Public Improvements 1988-171403„r
1904
REQUESTED BY AND WHEN RECORDED,
RETURN TO:
CITY CLERK'S OFFICE
CITY OF POWAY.
P O. BOX 789
POWAY, CA 92064 APN
k
8 171413
3 idE� was• r.,-, t: �` f }I ' i
VERA L 01 t' r
GOON [ Y fi[C0Fjj)L:t
277 -020- NO FE9
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
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 Eric Montemorano, 1 Rancho Carmel. RC7/2487,
San Diego, California, 92128
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:
0
1905
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:
M 4r - �-.FA.., - -M—,
► z
By:
0
ATTEST:
Ci y Clerk
\-j
m /lienl -3
1906
CITY OF POWAY, a municipal
corporation
By: Mayor
(City Seal)
PARTNERSHIP ACKNOWLEDGMENT
v 1907
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ACs2�EmE�I 1wtPi2overm,EA7S
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GENERAL - ACKNOWLEDGMENT
On this the day of 19 before me,
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) SS. —
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State of CAL1jev4,z a
2LAay On this the of Ao,Qj4. 199D before me,
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) SS,
the undersigned Notary Public, personally appeared
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County of
CA T" v 1, —9AZ1. t, kA tj
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the undersigned Notary Public, personally appeared
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MD rJTE -m opAoo
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❑ personally known to me
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o— P e - r, e Fi a y--I +,—�-
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❑ proved to me on the basis of satisfactory evidence
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+�+++
proved to me on the basis of satisfactory evidence
to be the persowhose na e s /5
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CHAT YY� W
subscribed
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the partnership executed it.
to the within instrument, and acknowledged that h e,
WITNESS my hand and official seal.
mom
executed it.
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Irq►oam�.Ev.pxzt,1ess
WITNESS my hand and official seal.
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Notary's Signature —
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a
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 acknowledged 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 —
CORPORATE ACKNOWLEDGMENT
a
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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.
Notary's Signature
EXHIBIT A 1908 y
A"b 72 52 S
D99CR1 PT 10"
Pat e 1
ba=r loll
PARCEL At
Parcel 1, in the City of Poway . mwty Of San Dleg°• State of pCountynia&.ordcr
shown at Page 12471 of Parcel lisps. filed in the Office of the County
of San Diego County. De c ess her 13, 1982-
PARCEL 3:
egress fa road and public utility purposes and
An se:sasaent for ingress and far road
, along and •cross a strip of lard 60.00 feet
appurtensnces thereto tin thetSau' heast Quarter of the Southwest Quarter of
in width, lying e 1 Ha st , San Bern a rd t ao 1St r id i an , in t""
Section 17, Township 13 South, Oki to official pla,- thereof,
County of San Diego. State of QalifodsKribad4a followas: `
the center line of said rtrip being
oxamencing at the Southwest corner of said Section 17; thence 41�feethto the
Westerly line of said Section 179 Borth 00 19 23' west, thence
b eg in n i� of a tang en t 70.00 foot radius curve- concave So ut h,e l e o f : '
Northeasterly a:oa6 the arc of said curve through i cclwve North 73" 12' 19"
42' a distance of 89.83 feet; thence tangent to s2� feet; thence Borth 70'
Fast, 68.43 feet; thence North 55' 40' Ol' Yast,
213.46
379.56 feet; t nee
19' 14' Fist, 150.53 feet2'3;7th��eeN°rcheoce North975�10' 59" Fast,
North 55' 39's 11 Bast,
feet; thence North 89' 15' 45' Fast. 154.72 feet to the on 17 westerly line of t the
Southeast Quarter of the Southweest Quarter of said S��cti1U01Ulafcet ;it�het�ce
True Point of Beginning; thence South 88' 28' 43" �s�f a tangent 200.00 foot
North 88' 34' 35' Tact, 197.13 feet to the beginning
con -eve Northeasterly; the Northeasterly along the arc of
radius cnr►et le of 3 ?' 23' S7" a distance of 116.59 feet;
said curve through a central angle
thence tangent to said eua-ve North ace 10' 38" East, 181.87 feet; 63.50 feet;
North
71' 44' 59" gaut, 148.75 feet; the Borth 75� 14' 33" Past line of said
thence North 70' 37' 12' East, 144.94 feet
of Saetiontl7 lySaid er semesit to
Southeast Quarter of the Sou �stbeQuis line of said Southeast Quarter of the
tersinate in the uksterly prolonged or
Southwest Quarter. The sidelines of said easasents are to be
shortened so &a tooi intersect $ksuart� and Northerly amines of said
Southeast Qua -
PAR:': EL C:
/� eaaeaeat end right- of- vay.for ingress, egress for road and public utill :T
P po s ov ea• . and er , al o ng a rd sec ro s s a s tr i F of land sixty f se t i n width
lying wdthin the Southweest Quarter of the Southwest Quaru� °t1Y On
Township Sea
Township 13 South. Mange 1 West, San Bernardino Keridipl said strip
Diego, state of Cali fornia, according
to the Official �d�adhibepdfline:
of land lying thirty feet on each side of the following
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IAA 0.6Cv. 4 ow .40.;A 04V%AW.n1 ICI.�OIIiedQ.'d 10 T, fhM
IYNN M. 41UGNE3 �._ �
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#.-672525
DESCRI R Ion
Page 2
Beginning at a point of the Best line of said Section 17 distant thereon Worth
0' 19' 23' heat 160.00 feet from the Southwest corner of Section "I s"to
point being on a 200.00 foot radius curve :oncwwva Southeasterly the arc of
said point bears North 68' 00' 00' blest; thence Wortheastarly along
said curve through a central angle of 50' 17' 52" a distance of 175.57 feet to
a po in t of reverse curvature with a 200.00 foot radius c sry e c o nc av e
Northwesterly , thence northeasterly along the arc rf seith`ncs North` 3or 24•
central eagle of 41' 53' 22" a distance of 146.22 feet; tljence Worth
30" East 433.66 feet-, thence North 59' 42' 39' yAst 379. S6 feet;
55' 38' 17' ysst 237.12 feet; thence berth 1S' point on t1'e 213.46 feet,
said
thence north 89' 15' 45' East 1..4.72 feet to s po , 42"
southwest Quarter of the Southwest Quarter distant tber, afulacd begins in
East 232.66 from the Nortb%Ast corner thereof• Said strip
line of said Southwest fast
the blest line of said Section 17 Said easement iA o be prolonged or
Quarter of the Southwest Qusrter• and Northelry lines of the Southwest
shortened so as to intersect he %& staid Section 17.
Quarter of the SQ uth we st Quar
t Cie s
Southeast to n an t to the pc-1, e ter Of
Said easement is for the benefit or +� out the benefit of
atheast Quarter
de scribed within the Borth half f South half
inure to
the Southwest Quarter of said hereafter become the owners of said
any may be used by AL11 person rte or portions thereof.
t operty or any Pa
appur ten X's V-
PARCEL Ds for ingress and
eaintea+encc, and right-of-way
thereto over,
An easement for construction, c Utility Purposes and appurtenances +
egress for road and P of land located in the Iiort ea,t6irt�oc
under, along a�1 across a strip Towship 13 South, Rang
the Southwest Quarter of Section 170 of San Diego, Stmt& of QLlifornia,
gerAardino Meridian.
in the Qounty sore particularly described as
Official Plat thereof, being
according to
follow: No. 12471, in the
f P reel 4 of Parcel Mep
Beginnfsag at the Southwest corner %% State of California, recorded in the
City of oomay+ minty of San Diego, , Diego OaC'di on Decembec 13. 1982. thence
Mice of the Cbun y a f said a el , rorth 33' 29' 52- -ast 40.01 feet;
along the South lire of said Parcel 4,
gent 20.00 foot radius curve cot�caveh a cectru
tlbence porch 20'+ 48' 25" {lest 79.1: feet; thence Barth 7' 43' S8' East 3
feet to the beginning Of a tang a through
thence Northerly along the arc of said nirg of a reverse
Southeasterly; a distance of 16.82 feet to the beg Northwest rly
angle of 48' 11 • 23 le of 276' 22' 46' an arc
40.00 foot radius curve conc�++e SouthhrayCentralea�rtheaster y,
and Southerly along said curve throning
of a reverse 20.4D foot radius ,.u�ve
distance of 192096 fast to the b� the arc of said curve through a
COW-Awe Westerly; thence Southerly along tangent to said
central ale of 48' 11' 23' a distance of 16.82 feet;
thence tam licaterl
curve South 7' 43' 58' 11061 57.14
274teetito to theePoint�of beginning. with the 7
line South 0' 18 24 last
PARCEL L':
L
nt�•a:
k-6 72 52 5
m gai Pl ION
Peg a 3
An easement for construction, maintenance, and right -of -way for ingress and
egress for road atd p+sblic utility purposes and appurtenances thereto, under,
along and across a rt ip of land located in the Southeast Quarter of the
Southwest Quarter of Section 17, 71ownshi:% 13 South, Range 1 West, San
Bernardino Meridian, in the County of San Diego, State of Csliforuis,
accotditg to Wfieial Plat thereof, being more particularly descrsbtd as
f o 11 ors :
'the 11esterly 52.00 feet of Parcel 1 of Parcel Mtp Ku. 9452, in the of the
po%ay, County of Satz Diego, State of California, recorded in the
county Recorder of San Diego County on December 6, 1979 in Book of Parcel
Naps , at Page No. 9452. Lying Northerly of that certain 40.00 foot easement
shoran as 'Proposed 40' Private Road FisemenC in Parcel 1 of said Parcel tgp
No. 9±52.
The sidelines of said 52.00 foot easement are to be prolonged or rhortared au
as to Lntersect the Northerly line of $aid Patzel 1 in the North and the
Northerly line of said 40.00 foot easement in the South'
PANEL F :
An easement for construction, maintenance, and nigh- terway for ingress and
ur ses and app:zrta,ances thueto, viler,
egress for road and public utility P Po of Parcel
under, slorg and across the Eaaterl 0.00 citS of D1eRo state of r liornia,
vap .No. 11135, in the City of Pvwaay.
recorded in the Office of the County pec1rd3S•of Se i1 Diego n"'nty, on Minch
26, 1981 in Book of Parcel Maps P a8
ht of ray for ingress, egress, read
F9eservis>g from Parcel A an eastmr, undo , along and across that portion of
and public utility purposes' a►Q. "Proposed 52 Foot Private
Parcel 1 of Parcel yap 12411 shown ar�d delineated sa 'Yroo
Rowl Easement om Said Parcel YAP•" and rlght-
RowE1ng from Parcel A an easement for consubl�iutility purposes. and
of-way for increas and Egress for road and p
appurtenances thereto, oTer. uude• , aloaB, and across that cordon lying
vithin Parcel D herein above de+ocri%ed.
MARCH 2 5 , 4986 ------ ._
Da
0LP_ COAC
OAD RT IE_' 3—-
E3Y n ASS TALBOT, GENBF .L
fnAR OF CxMOeMA —� n
c&n Diego - -- ) .Karr P,*JK M .,.d s«
cov+nr d ,ti. d.,.�gn.a.
t9 - -- - - -- :,R STAMP
of MW to be