Lien Agreement for Public Improvements 1988-132345�a4
� � 481
88 1 X35
REQUESTED BY
AND WHEN RECORDED,
RETURN TO:
&-
CITY
CLERK'S OFFICE
CITY
OF POWAY.
2` 2
P O.
BOX 789
POWAY; CA 9206
, APN 277 - 020 -13
LIEN AGREEMENT
FOR PUBLIC IMPROVEMENTS
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 John & Vicki McMinn, 18525 Diems r Valley Estates,
Poway, CA 92064
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:
1D
482
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
the lien created hereby is
and by this reference made
IN WITNESS WHEREOF the
day of j L
Signatures to be Notarized
Signatures to be Notarized
Description of the real property encumbered by
set forth in full on Exhibit "A" attached hereto
a part hereof.
parties have executed this agreement this L 71
1987 at Poway, California.
Property Owner:
By: ��-
By:
S
ATTEST:
)11 V J
City Clerk
.1
m /lienl -3
CITY OF POWAY, a municipal
corporation
By:
Mayor
(City Seal)
PARTNERSHIP ACKNOWLEDGMENT
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
* State of
On this the day of 19 before me,
*
) SS.
GENERAL ACKNOWLEDGMENT
)
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State CAIN
—day
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of 1=oAW) 4
On this the of ,�;,p p, � 19 87 , before me,
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) SS.
County ofSA,, .DiEFo ) (:7A-rm OR,, KA b✓
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the undersigned Notary Public, personally appeared
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on behalf of the partnership, and acknowledged to me that
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the partnership executed it.
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OFF Ste.
fZ proved to me on the basis o satisfactory evidence
to be the (s
*
CATHY WKMW
perso whose na e Us A RF subscribed
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*
pia
to the within instrument, and acknowledged that
*****************
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executed it.
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Mroa1MLEVWAW 21.1
WITNESS my hand and official seal.
*
On this the day of 19 before me,
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* County of
o-cti�
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the undersigned Notary Public, personally appeared
Notary's SignaturtF
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PARTNERSHIP ACKNOWLEDGMENT
* * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
* State of
On this the day of 19 before me,
*
) SS.
* County of
)
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the undersigned Notary Public, personally appeared
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❑ personally known to me
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❑ proved to me on the basis of satisfactory evidence
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to be the person(s) who executed the within instrument
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on behalf of the partnership, and acknowledged to me that
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the partnership executed it.
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WITNESS my hand and official seal.
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Notary's Signature —
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CORPORATE ACKNOWLEDGMENT
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* State of
On this the day of 19 before me,
*
) SS. —
* County of
)
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the undersigned Notary Public, personally appeared
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❑ personally known to me
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❑ proved to me on the basis of satisfactory evidence to
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be the person(s) who executed the within instrument as
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or on behalf of the corporation
therein named, and acknowledged to me that the corporation
*
executed it.
*
WITNESS my hand and official seal.
k
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Notary's Signature
ALTA LOAN POLICY - 0 EXHIBIT "A" 485
;�`- •, HITH r0TREET IMPROVEM"iAT ASSESSMENT COVERAGE
70742 -2
SCHEDULE A
PART II
4. DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS:
PARCEL A:
PARCEL 1 AS SHOWN ON A PARCEL MAP FILED IN BOOK OF PARCEL MAPS
AT PAGE 9452, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON DECEMBER 6, 1979, BEING A PORTION OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATE GOVERNMENT SURVEY APPROVED NOVEMBER
19, 1880.
PARCEL B:
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 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 UNITED STATES GOVERNMENT SURVEY
APPROVED NOVEMBER 19, 1880, SAID STRIP OF LAND LYING THIRTY
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 DEGREES 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 DEGREES 00'00" WEST; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50 DEGREES
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 DEGREES 53'22" A DISTANCE OF 146.22 FEET, THENCE
NORTH 30 DEGREES 24'30" EAST 433.86 FEET; THENCE NORTH 59
DEGREES 42'39" EAST 379.56 FEET; THENCE NORTH 55 DEGREES 38117"
J
ar�r yy♦ ** I v v� 486 . . -Mao p A �O ..►J . •%t y�
• QUA'►• • Ti:1RN�.t Vl� 7 Mir {J ii i�. ir.�i 15'4b" EA52' i' 72 ree o A Po 7•
Oft. TIRE EAST LINE f SAID SOUTHWEST QUARTER 0, THE SOUTHWEST
QUARTER DISTANT THEREON SOUTH 0 DEGREES 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 INTERSECT THE WESTERLY AND
NORTHERLY LINES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 17.
PARCEL C:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND
PUBLIC UTILITY PRUPOSES 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 GF7 -7 :0Z.
17, THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SEC:SGSi
18 "A,ND 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 DEGREES
11'47" EAST, 819.65 FEET TO POINT "A" OF THIS DESCRIPTION;
THENCE SOUTH 52 DEGREES 04145" 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 DEGREES 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
DEGREES 11'47" WEST 583.25 FEET AND NORTH 52 DEGREES 04'45"
WEST 47.95 FEET TO SAID POINT "A "; THENCE NORTH 52 DEGREES
04'45" WEST, 126.25 FEET; THENCE NORTH 72 DEGREES 24122" WEST,
733.73 FEET TO THE EASTERLY'LINE OF SAID SECTION 18; THENCE
ALONG SAID EASTERLY LINE NORTH 00 DEGREES 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 SAID
CURVE THROUGH A CENTRAL ANGLE OF 67 DEGREES 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.
EXCEPTING FROM SAID 60.00 FOOT STRIP THAT PORTION LYING
SOUTHERLY AND SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "B" DESCRIBED ABOVE; THENCE SOUTH 89 DEGREES
11'47" WEST, 30.00 FEET; THENCE SOUTH 44 DEGREES 11'47" WEST,
42.43 FEET TO THE INTERSECTION WITH SOUTHERLY LINE OF THE
NORTHERLY 60.00 FEET OF SAID SECTION 20.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN SECTION 19.
PARCEL D:
487 7
1 4 1
r.. ,rW.rwi...• niu ni VC NMI CUtt Iiout1:.JJ fli%L jnr.:Jb rtio 1 vA6 Alsij
PUBLIC UTILITY PURPOSES AND APPURTENANCES THERETO OVER, UNDL'A,
ALONG AND ACROSS THE NORTHERLY 40.00 FEET OF PARCEL 2 OF SAID
PARCEL MAP NO. 9452.
PARCEL E:
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 CERTAIN STRIP OF LAND DELINEATED AND
DESIGNATED ON SAID PARCEL MAP NO. 9452 AS "PROPOSED 60.00 FOOT
ROAD AND UTILITY EASEMENT ".
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A DESCRIBED
ABOVE.