Lien Agreement for Public Improvements 1988-1323500
510 X2350
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REQUESTED BY AND WHEN RECORDED, AR 23 F
. 20
RETURN TO:
CITY CLERK'S OFFICE , M
CITY OF POWAY. L { i ;rrls;;
�jj
P O. BOX 789
POWAY, CA 92064 APN 277 - 020 -19
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
A10 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 Larry and Jody Osmus, 12739 Avenida de Espuela, Poway
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:
21
511
Principal Obligation Not to Exceed: $2,634.00
Interest Rate on Unpaid Balance: 5 % per annum
Number of Annual Equal Payments of Principal
Plus Accured Interest: 8 (eight)
(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.
GENERAL ACKNOWLEDGMENT fli>> amount due hereunder, City
�,� AG �� Q,re,� tr '¢//t✓✓��
)ar D �j Q_m0 NO 201
State of AL�Fc..r�.�..� On this the
day of �UnP
SS 19, before me,
County of
i
1 the undersigned Notary Public, personally appeared j
7110 122
X proved to me on the basis of satisfactory evidence
to be the person s) whose name Us
within instrument, and acknowledged that arP subscribed to the
WITNESS my hand and official seal executed it
Notary's Signat e
NATIONAL NOTARY ASSOCIATION • 23012Venturaglvd • pp
Property Owner: Box 4625 •
Woodland Hills, CA 91365 -4625
By:
2,a-
Si ures to be Notarized
By: 06 L017�-
S'gnat es to be Notarized
ATTEST:
"7ha4xu�� 12 Dv"t-%t4l
C ty Clerk
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Vv 513
CITY OF POWAY, a municipal
corporation
(City Seal)
PARCEL At
514 'Wft
AKMT
DESCRIPTION
B "9909
A- 680046
DESCRIPTION
Page 1
Parcel 3, 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.
Reserving therefrom an easement for private road purposes 40.00 feet in width
over, along and across that portion delineated and designated thereon as
"Proposed 40.00 Foot Private Road Easement."
PARCEL Bt
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 Parcel 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 Beet
in width, lying within the Southeast Quarter of the Southwest Quarter of
Section 17, 'township 13 South, Range 1 Nest, San Bernardino Heridian, 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, 1Jorth 00' 19' 23" Test, 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"
Bast, 68.43 feet; thence North 55' 40' 01" Fast, 242.25 feet; thence 'north 704
19' 19" Cast, 150.53 feet; thence North 59' 42' 30" East, 379.56 feet, thence
North 55' 38' 17" East, 237.12 feet; thence North 75' 10' 59" Fast, 213.46
feet; thence North 89' 15' 45" East, 154.72 feet to the Westeriv line of the
Southeast Quarter of the Southwest Ouarter of said Section 17 and bein? the
True Point of Beginning; thence South 88' 28' 43" Fast, 100.01 feet; thence
North 88' 34' 35" Fast, 197.13 feet to the beginning of a tangent 200.00 foot
radius curve, concave Northwesterly; thence Northeasterly along the arc of
sAld curve through a central angle of 33' 73' 57" a distance of 116.59 feet;
thence tangent to said curve North 55' 10' 38" Fast, 191.87 feet; thence North
71' 44' 59" East, 148.75 feet; thence H orth 75' 14' 33" Fast, 63.50 feet;
thence `forth 70' 32' 12" (vast, 144.94 feet to this Northerly line of said
Southeast Quarter of the Southwest Ouarter of Section 17. Said ess"&nt to
terminate in the Westerly and Northerly line of said Southeast (quarter of the
Southwest Quarter. The st,lelines 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 ouarter.
515
O • 4M, O)SAFECO
T1TLE NSURANCE
S- 680046
D95CRIPTIO`i
Page 2
PARCEL D:
An easement and right of way for ingress, egress and public utility purposes
over, under, along and across a strip of land sixty feet in width lying within
the Southwest Ouarter 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, said strip of land
lying thirty feet on each aide of the line described as followas
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 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 175.57 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 433.8b feet; thence North 59' 42' 39" Fast 379.56 feet; thence North
55' 38' 17" Fast 237.12 feet; thence North 75' 10' 59" East 213.46 feet;
thence North 89' 15' 45" East 154.72 feet to a noint on the East line of said
Southwest Quarter of the Southwest Quarter -iiatent thereon South 0' 061 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 Ouarter. Said ease:aent is to be prolonged or
shortened so as to intersect the Westerly and Northerly lines of the Southwest
Quarter of the Southwest ()uarter of said Sect Son 17.
PARCEL E:
An easement for construction, maintenance and right of Way for road and
utility purposes over, under, along, and across a strtp of land 40.00 feet i.a
width located in a porttun of the Southeast 11<►arter of Vie Southwest Ouarter
of Section 17, Township 13 Sot►th, Range l %'est, San Rernardino '4eridian, in
the County of San Diego, State of California, the centerline of which is :gore
particularly described as follows:
Coramencin- at a ,x)int on the Jest line of Raid Section 17 distant thereon
North 0' 19' 23" West 161.00 feet fron the Southwetst corner of said Section
17; thence ? North 22' 00' 00- Fast 7f?.97 feet; thence South 19' 50' 43" rAst,
86.69 feet; thence North 40' 41' 54" Fast 10)9.59 feet, thence *forth 30' 24'
30" East 455.19 feet; thence North 59' 42' 39" Fast 379.56 feet; thence north
55' 38' 17" East 237.12 feet; thence North 75° l'j' 59" Fast 213.46 feet;
thence North 89' 15' 45" fast 154.72 feet to a point on the Fast line of saki
Southwest Ouarter of the Southwest Quarter iistant thereon South ll' 0o' 42"
East 232.66 feet from the Northeast cornet thereof, t`►ence continual; ` ,.urth
8Q' 15' 45" Ea-it 20.00 feet to the True Point of 'ie•,1nninJ!; thence `.ort`> 1) 0
06' 42" West on a line nsrdllel with And 2U.'l') feet at rl.,ht anglees to said
Easterly line 232.66 feet to the Interbection with the .iortherly line of the
Southwest Quarter of said Southwest Quarter.
516
B ANO
A- 680046
DESCRIPTION
Page 3
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, Ltde, at al, filed in the Office of the
County Recorder of San Diego County, September 12, 1980 as File Noe 80- 295489
and in the north at the intersection with said Northerly line of said
Southeast Quarter of said Southwest Quarter.