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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 ***************** . M LIE► ACs2�EmE�I 1wtPi2overm,EA7S * GENERAL - ACKNOWLEDGMENT On this the day of 19 before me, * ) SS. — * State of CAL1jev4,z a 2LAay On this the of Ao,Qj4. 199D before me, * ) SS, the undersigned Notary Public, personally appeared ** * County of CA T" v 1, —9AZ1. t, kA tj * * the undersigned Notary Public, personally appeared * * MD rJTE -m opAoo * * ❑ personally known to me * * o— P e - r, e Fi a y--I +,—�- * * ❑ proved to me on the basis of satisfactory evidence * * * +�+++ proved to me on the basis of satisfactory evidence to be the persowhose na e s /5 * CHAT YY� W subscribed * * the partnership executed it. to the within instrument, and acknowledged that h e, WITNESS my hand and official seal. mom executed it. * I* Irq►oam�.Ev.pxzt,1ess WITNESS my hand and official seal. * * Notary's Signature — * * * * a Notary'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. * * I* * * Notary's Signature — CORPORATE ACKNOWLEDGMENT a * 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 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 .f -- g IAA 0.6Cv. 4 ow .40.;A 04V%AW.n1 ICI.�OIIiedQ.'d 10 T, fhM IYNN M. 41UGNE3 �._ � f , #.-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