Loading...
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 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of On this the day of 19 before me, * ) SS. GENERAL ACKNOWLEDGMENT ) * State CAIN —day * * of 1=oAW) 4 On this the of ,�;,p p, � 19 87 , before me, * ) SS. County ofSA,, .DiEFo ) (:7A-rm OR,, KA b✓ * * * the undersigned Notary Public, personally appeared * * U) oH rJ + U) c k * * * * * * on behalf of the partnership, and acknowledged to me that * * the partnership executed it. * * 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 * * pia to the within instrument, and acknowledged that ***************** * executed it. * Mroa1MLEVWAW 21.1 WITNESS my hand and official seal. * On this the day of 19 before me, * * * County of o-cti� * the undersigned Notary Public, personally appeared Notary's SignaturtF * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 k k 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.