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:
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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
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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