Lien Agreement for Public Improvements 1988-132347494 �8-+8rw 132347
REQUESTED BY AND WHEN RECORDED,
RETURN T0:.
CITY CLERK'S OFFICI+
CITY OF POWAY �VL `A L, _y
P O. BOX 789 4:I)1�N I i- d. -0i-? f
POWAY, CA 92064 APN 277 - 020 -16
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a TVO FEE
municipal corporation of the State of California sometimes hereinafter
referred to as "City," and Ronald Topp, 3656 Lago Sereno, Escondido, CA
92025
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
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:
IS J
a „
4�
vV 495
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 J0
day of �p®4/ L , 1987 at Poway, California.
Signatures to be Notarized
Signatures to be Notarized
Property Owner:
By:
ZA
ICr
...�L!
ATTEST:
�! �Uc
City Clerk
m /lienl -3
CITY OF POWAY, a municipal
corporation
By:
Mayor
(City Seal)
LEGAL DESCRIPTION
ORDER NO. 800722 -V
PARCEL A:
v v
497
Parcel 4 of Parcel Map No. 9452 in the County of San Diego, State of California, s;
according to Map thereof filed in the Office of the County Recorder of said County,
December 6, 1979 as File No. 79- 512636 of Official Records.
PARCEL B:
An easement an4 right of way for ingress and egress for road and public utility
purposes and appurtenances thereto over, under, along and across a strip of land
60.UU feet in width lying within the Southwest Quarter of the Southwest Quarter of
Section 17, the Southeast Quarter of the Southeast Quarter of Section 18 and the
Northeast Quarter of the Northeast Quarter of Section 19 and the North One Half of
the Northwest Quarter of Section 20, all in Township 13 South, Range 1 West, San
Bernardino Base and Meridian, in the County of San Diego, State of California,
according to Official Plat thereof, the center line of said 60.00 foot strip being
described as follows:
Commencing at the Northwest corner of said Section 20; thence along the Northerly
line of said Section 20, North 89 °11'47" East, 819.65 feet to Point "A" of this
description; thence South 52 °04'45" East 47.95 feet to the Southerly line of the
Northerly 30.00 feet of said Section 20; thence along said Southerly line North
89 °11'47" East, 583.25 feet, to the TRUE POINT OF BEGINNING; also being Point "B" of
this description; thence retracing the last two courses South 89 °1147" West 333.25
feet and North 52 °04'45" West 47.95 feet to said Point "A "; thence North 52 °04'45"
West, 126.25 feet; thence North 72 °24'22" West, 733.73 feet to the Easterly line of
said Section 18; thence along said Easterly line North 00°19'23" West, 43.9.2 feet to
the intersection with a tangent 270.00 foot radius curve concave Northwesterly; said
intersection being Point "C" of this description; thence Southwesterly along; the arc
of said curve through a central angle of 67 °:30'30" a distance of 318.00 feet; thence
along a generally Southwesterly direction to the existing travelled County Road known
as Old Coach Road as located on November 13, 1970.
E:.CEPTING from said 60.00 foot strip that portion lying Southerly and Southeasterly
of a line described as follows:
Beg;inniug at Point "B" described above; thence South L9 °11147" West, 30.00 feet;
thence South 44 °11'47" West, 4.2.43 feet to the intersection with the Southerly line
of the Northerly 60.OU feet of said Section 20.
ALSO E::CEPTING THEREFROM any portion lying within Section 19.
PARCEL C:
An easement and right of way 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 Southwest Quarter of the Southwest Quarter of
Section 17 and the Southeast Quarter of the Southeast Quarter of Section lb, all in
Township 13 South, Range 1 West, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to United States Government Survey, the
center line of said uO.00 foot strip being described as follows:
- continued-
4
VV 498
LEGAL DESCRIPTION CONTINUED
ORDER NO. 800722 -V
PAGE TWO
Beginning at Point "C" described in Parcel B above; thence along the West line of
said Section 17 to a point distant thereon North 0019'23" West 465.41 feet from the
Southwest corner of said Section 17 said point being the beginning of a tangent curve
to the right having a radius of 70 feet; thence Northeasterly along the arc of said
curve through an angle of 73 °31'42" a distance of 89.93 feet; thence tangent to said
curve North 73 °12119" Last 68.43 feet; thence North 55040'U1" East 242.25 feet;
thence North 70 °19119" East 150.53 feet, thence North 59 °42'39" East 379.56 feet;
thence North 55 °3x'17" East 237.11 feet, thence North 75 °10159" East 213.46 feet;
thence North 39 015'45" East 154.16 feet to the East line of the Southwest Quarter of
the Southwest Quarter of said Section 17.
-Said easement to terminate in the East with said East line of the Southwest Quarter
of the Southwest Quarter of Section 17.
PARCEL D:
An easement and right of way for ingress and egress for road and public utility
purposes and appurfenances thereto over, under, along and across that certain strip
of land delineated and designated on Parcels 3 and 4 of said Parcel Map No. 9452 as
"Proposed 40 foot Private Road Easement ".
The easements herein described are hereby declared to be appurtenant to and for the
use and benefit of the present and future owners of all or any portion of
herein above described. Parcel A
Reserving from Parcel A described above an easement and right of way for ingress and
egress for road and public utility purposes and appurtenances thereto over, under,
along and across that portion lying within Parcel D described above.
WAS
1/24/80
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.
*
*
*
*
* Notary's Signature
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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
`GENERAL ACKNOWLEDGMENT
v v 499
* *
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
State of D% 0. b en n , 61�-
On this the<zD- " day of 19 1�E2, before me,
*
)
_
SS.
*
County of�
*
the undersigned Notary Public, personally appeared
*
1�pNa�r� k- Toe(?
*
personally known to me
*
*
*
e,,_1en
OFFICIAL SEAL
me on the basis of satisfactory evidence
LEAN R JOHNSON
person(s) whose name(s) subscribed
*
_ - NOTARY PUBLIC - CALIFORNIA
within instrument, and acknowledged that he-
*
SAN D1zG0 COUNTY
My ccmm expires FEB 18, 1989
iNo
-• �
nd a official seal.
*
*
*
*
*
u re
* *
* * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
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.
*
*
*
*
* Notary's Signature
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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