Loading...
Lien Agreement for Public Improvements 1988-132346r p VV. 488 REQUESTED BY AND WHEN RECORDED, RETURN TO: CITY CLERIC'S OFFICE CITY OF POWAY . P O. BOX 789 . POWAY, CA 92064 APN 277 - 020 -15 LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS ♦ 1 132346 14 AR 23 P 2. 20 Coo]41 T !et i i3s�Ilt.t$ THIS AGREEMENT entered into by and between the CITY OF POWAY, a NO FEE municipal corporation of the State of California sometimes hereinafter referred to as "City," and Stephen R. Cleal, 7211 Joshua Tree Lane, Springfield, VA 22152 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: l r) w v 489 Principal Obligation Not to Exceed: $3-,51:2:00 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 TNESS WHEREOF the parties have executed this agreement this W day of 1987 at Poway, California. Property Owner: r: By: Signatures to be Notarized L By: Signatures to be Notarized v r 490 CITY OF POWAY, a municipal corporation /� //jam_ Mayo r ATTEST: -. (\/- -A)as8-f:r. City Clerk u (City Seal) m /lienl -3 EXHIBIT "A" PARCEL A: Parcel 3 of Parcel Map No. 9452, in the City of Poway, County of San Diego, State of California, filed in the Office of the County Recorder of maid County, December 6, 1979. PARCPi. R t 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, the Southeast Qunrter of the Southeast Quarter of Section 18 and the Northeast Quarter of the Northeast Qunrter 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 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" Fast, 819.65 feet to Point "A" of this description ; thence South 52 "04'45" Eat 47.95 feet to the Southerly line of the Northerly 30.00 feet of said Section 20; thence along said Southerly line North 8Q "11'47" Fnat, 5R3. 75 feet, to the TRUE POINT OF BEGINNING: also being Point "B ", of this description; thence retracing the last two courses South 89 "11'47" Went 583.25 feet and North 52 "04'45" West, 47.95 feet to said Point "A "; thence North 5 2"04145" 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, 43.92 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 maid curve through a central nngle 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 Conch Road as located on November 13, MO. EXCEPTING from said 60.00 foot strip that portion lying Southerly and 4nuthensterly of a line described as followat Beginning at Point "B described ahi2lb3 thence toSouth tl►e lntnraectinn Went. withOChe► feet; chc+nre Finuth 44'11147" Went, Ho►uthnriy 11ne of the Northerly (10.00 feet of aaid Section 20. ALSO EXCEPTING therefrom any portion lying within Section 19. PARCEL C: An easement and right of way for ingress and egrena for road and public utility purposes and appurtenance 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 18, all in Township 13 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof they centor line of maid 60.00 foot strip being described as follows: . 492" v v Beginning at Point "C" described in Parcel B above; thence along the West line of said Section 17 to a point distant thereon North 0 °19'23" 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 cifntanre or R9.gi foot; thence tnnaont to anfd rurvo North 71°12'19" Fnat 63.4J feet; thence North 5S'40'01" !Bast 74 ?.2!i feet; thence North 70'19'19" East 150.53 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" Fast 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 Fast 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 purpoaen and appurtennnees thereto over, under, along and across those certain strips of land delineated and designated on said Parcel Map No. 9452 as "Proposed 60 Foot Road and Utility Easement" and "Proposed 40 Foot Private Road Easement ". F.XCFPTTNG TNFRFFROM that portion lying within Parcel A. 4/2Q/86 1m -56 v GENERAL ACKNOWLEDGMENT * * * * * ** ******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * State of On this the 3 day of 19 * before me, SS. * * County of ) 9 * * the undersig ed Notary Public, personally appeared * * * * * personally known to me * ❑ proved to me on the basis of satisfactory evidence * to be the person(s) whose name(s) subscribed * to the within instrument, and acknowledged that * executed it. * jNota�ry's S r ha d d ffic'al seal. * * * * * S gna ure * * * * * * * * * * * * * * * * * * * * * * * * * * 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. * * * Notary's Signature