Lien Agreement for Public Improvements 1988-132351. e
t.
517
REQUESTED BY AND WHEN RECORDED,
RETURN TO: 03 T
CITY CLERK'S OFFICE a
CITY OF POWAY, ,
P O. BOX 789
277- 020 -20
POWAY, CA 92064, APN
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 Martin L. and Susan L.44eKnehfi,
m %N~ in47
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
0ld 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:
i.J
A
518
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.
I W NESS W ERE F the parties have executed this agreement this /Jvl �
day of 1987 at Poway, California.
Property Owner:
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ByJ�gn� at ures t be N rized
By
Signatures to be Notarized
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CAT NO NNO0627 y r 519
TO 1944 CA (9 -84)
(Individual)
J TICOR TITLE INSURANCE
STATE OF CALIFO NIA 1
CO NTY�OF/ } �
On/lD��CD f ��G �% before me, the undersigned, a Notary Public in and for
said State, personally appeared -,r -- _ , J
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person,- whose names mill subscribed to the
within instrument and acknowledged tha exe-
cuted the same
WITNESS my hand and official seal.
-'<— / i ` .
Signature
,�•; ''b OFFICIAL SEAL
VIRGINIA A WILLIAMSON
Notary Public - California
SAN DIEGO COUNTY
"'� My Comm Exp Oct 18 1991
(This area for official notarial seal)
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520
CITY OF POWAY, a municipal
corporation
Mayor
ATTEST:
City Clerk
(City Seal)
m /lienl -3
V 521
PRELIMINARY REPORT
PAGE NO. 6
LEGAL DESCRIPTION
ORDER NO. 8708639 -C
PARCEL A:
Parcel 4, in the City of Poway, County of San Diego, State of California,
as shown at Page 11135 of Parcel Maps, filed in the Office of the County
Recorder of San Diego County, March 26, 1981.
PARCEL B:
An easement for road purposes over, along and across the Southerly 40.00 feet
of Parcel 2, in the County of San Diego, State of California, as shown at Page
4152 of Parcels Maps, filed in the Office of the County Recorder of San Diego
County, October 17, 1975.
PARCEL C:
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 00 °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 73 °31'42"
a distance of 89.83 feet; thence tangent to said curve North 73 °12'19" East,
68.43 feet; thence North 55 °40'01" East, 242.25 feet; thence North 70 °19'19"
East, 150.53 feet; thence North 59 °42'39" East, 379.56 feet; thence North
55 °38'17" East, 237.12 feet; thence North 75 °00'59" East, 213.46 feet; thence
North 89 °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 88 °28'43" East, 100.01 feet; thence North 88 °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 33 °23'57" a distance of 116.59 feet; thence tangent
to said curve North 55 °10'38" East, 181.87 feet; thence North 71 °44'59" East,
148.75 feet; thence North 75 °14'33" East, 63.50 feet; thence North 70 °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 intersection the Westerly and
Northerly lines of said Southeast Quarter of the Southwest Quarter.
PRELIMINARY REPORT 522
PAGE NO. 7 v
LEGAL DESCRIPTION CONTINUED
ORDER NO. 8708639 -C
PARCEL D:
An easement and right of way for ingress and egress for road and public
utility purposes over, under, along and across a strip of land 60.00 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 30 feet on each side of the line described as follows:
Beginning at a point on the West line of said Section 17 distant thereon North
0 °19'23" West 160.00 feet from the Southwest corner of Section 17, said point
being on a 200.00 foot radius curve concave Southeasterly, a radial to said
point bears North 68 °00'00" West; thence Northeasterly along the arc of said
curve through a central angle of 50 °17'52" a distance of 175.51 feet to a
point of reverse curvature with a 200.00 foot radius curve concave
Northwesterly; thence Northeasterly along the arc of said curve through a
central angle of 41 °53'22" a distance of 146.22 feet; thence North 30 °24'30"
East 433.80 feet; thence North 59 °42'39" East 379.56 feet; thence North
55 °38'17" East 237.12 feet; thence North 75 °10'59" East 213.46 feet; thence
North 89 °15'45" East 154.72 feet to a point on the East line of said Southwest
Quarter of the Southwest Quarter distant thereon South 0 °06'42" East 232.66
from the Northeast corner thereof.
Said strip of land begins in the West line of said Section 17 and ends in the
East line of said Southwest Quarter of the Southwest Quarter. Said easement
is to be prolonged or shortened so as to intersection the Westerly and
Northerly lines of the Southwest Quarter of the Southwest Quarter of said
Section 17.
PARCEL E:
An easement for construction, maintenance and right of way for road and
utility purposes over. under, along and across a strip of land 40.00 feet in
width located in a portion of 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, the centerline of which is more
particularly described as follows:
Commencing at a point on the West line of said Section 17 distant thereon
North 0 °19'23" West 160.00 feet from the Southwest corner of said Section 17;
thence North 22 °00100" East 78.97 feet; thence South 79 °50'43" East 86.69
feet; thence North 40 °41154" East 169.59 feet; thence North 30 °24130" East
455.19 feet; thence North 59 °42'39" East 379.56 feet; thence North 55 °38117"
East 237.12 feet; thence North 75 °10'59" East 213.46 feet; thence North
89 °15'45" East 154.72 feet to a point on the East line of said Southwest
Quarter of the Southwest Quarter, distant thereon South 0 °06'42" East 232.66
feet from the Northeast corner thereof; thence continuing North 89 °15145" East
20.00 feet to the TRUE POINT OF BEGINNING; thence North 0 006142" West on a
line parallel with and 20.00 feet at right angles to said Easterly line 232.66
feet to the intersection with the Northerly line of the Southeast Quarter of
said Southwest Quarter.
R PRELIMINARY REPORT
PAGE N0. 8 523
�v
LEGAL DESCRIPTION CONTINUED
ORDER NO. 8708639 -C
The sidelines of said 40.00 foot easement are to be prolonged or shortened so
as to terminate in the South at the Northerly line of a 60.00 foot easement as
described in Deed to Coach Properties, Ltd., et al, filed in the Office of the
County Recorder of San Diego County, September 12, 1980, as File /Page No.
80- 295489 of Official Records and in the North at the intersection with said
Northerly line of said Southeast Quarter of said Southwest Quarter.
PARCEL F:
An easement for road purposes over, along and across that portion of Parcel 3,
in the County of San Diego, State of California, as shown at Page 11135 of
Parcel Maps, filed in the Office of the County Recorder of San Diego County,
March 26, 1981, which is delineated at said Page 11135 of Parcel Maps as
"Proposed 40 Foot Private Road Easement ".
RESERVING from Parcel "A" hereinabove described an easement for road purposes
over, along and across the Easterly 40.00 feet.
PARCEL G:
An easement for construction, maintenance, and right -of -way for ingress and
egress for road and public utility purposes and appurtenances thereto, with
the right to grant to others and the right to dedicate said easement to the
public over, under, along and across a strip of land located in the Northwest
Quarter of the Southwest Quarter of Section 17, Township 13 South, Range 1
West, San Bernardino Meridian, being more particularly described as follows:
Beginning at the Southwest corner of Parcel 1 of Parcel Map No. 12471, in the
City of Poway, County of San Diego, State of California, recorded in the
Office of the Recorder of said County on December 13, 1982; thence Easterly
along the Southerly line of said Parcel 1, North 73 034111" East, 56.89 feet to
a point of intersection with a 150.00 feet radius curve concave Easterly, a
radial line from the center of said curve bears North 65 037'22" West; thence
Northeasterly along said 150.00 feet radius curve through a central angle of
3 °36141 ", an arc distance of 9.46 feet, said point being the radius point of a
40.00 feet radius curve concave Southerly; thence North 5 040'37" West, 40.00
feet to a point on said 40.00 feet radius curve, said point being the TRUE
POINT OF BEGINNING; thence Westerly along-said 40.00 feet radius curve through
a central angle of 60 °04130 ", an arc distance of 41.94 feet; thence leaving
said curve, North 32 °59'29" West, 41.64 feet to a Point of Intersection with
the Westerly line of said Parcel 1; thence along said Westerly line, North
0 °18'24" West, 74.07 feet; thence South 32 °59'29" East, 102.08 feet to the
TRUE POINT OF BEGINNING.
Said easement shall be appurtenant to and for the benefit and use of the
present and future owners, heirs, and assignees of Parcels 1 and 4 of Parcel
Map No. 11135 and Parcel 1 of Parcel Map No. 12471.
PRELIMINARY REPORT c� A
PAGE NO. 9
LEGAL DESCRIPTION CONTINUED
ORDER NO. 8708639 -C
PARCEL H:
An easement for construction, maintenance, and right -of -way for ingress and
egress for road and public utility purposes and appurtenances thereto, with
the right to grant to others and the right to dedicate said easement to the
public over, under, along and across a strip of land located in the Northwest
Quarter of the Southwest Quarter of Section 17, Township 13 South, Range 1
West, San Bernardino Meridian, being more particularly described as follows:
Beginning at the Southwest corner of Parcel 4 of Parcel Map No. 12471, in the
City of Poway, County of San Diego, State of California, recorded in the
Office of the Recorder of said County on December 13, 1982; thence along the
South line of said Parcel 4, North 8829152" East, 40.01 feet; thence North
20 °48'25" West, 79.11 feet; thence North 7 °43'58" East, 357.01 feet to the
beginning of a tangent 20.00 feet radius cxxrve concave Easterly; thence
Northerly along said curve through a central angle of 48 °11'23" an arc
distance of 20.59 feet to a point of reverse curvature with a tangent 40.00
feet radius curve concave Southerly; thence Northerly, Westerly, and Southerly
along said curve through a central angle of 275 °11'37 ", an arc distance of
192.12 feet to a point of reverse curvature with a tangent 20.00 feet radius
curve concave Westerly; thence Southerly along said curve through a central
angle of 41 °01'42 ", an arc distance of 14.32 feet; thence tangent to said
curve South 7 °43'58" West, 161.71 feet to the intersection with the Westerly
line of said Parcel 4; thence along said Westerly line, South 0 °18'24" East,
273.91 feet to the POINT OF BEGINNING.
Said easement shall be appurtenant to and for the benefit and use of the
present and future owners, heirs, and assignees of Parcels 1, 3 and 4 of
Parcel Map No. 11135 and Parcels 1 and 4 of Parcel Map No. 12471.
10/28/87
eb -44