Lien Agreement for Public Improvements 1988-132343vv
REQUESTED BY AND WHEN RECORDED,
RETURN TO:
CITY CLERK'S OFFICE
CITY OF POWAY,
P.O. BOX 789
PeWAY; CA 92064'
471
APN 277 - 010 -20
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
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THIS AGREEMENT entered into by and between the CITY OF POWAY, a
municipal corporation of the State of California sometimes hereinafter
referred to as "City," and William & Debbie Holmes, 18108 Old Coach Road,
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:
90 FEE
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Principal Obligation Not to Exceed: $3512.00
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 J9
day of fjo,Je /L , 1987 at Poway, California.
Signatures to be Notarized
Signatures to be Notarized
Property Owner:
MM"MY �'
GENERAL ACKNOWLEDGMENT
State of CA 1_ ( poem I A
SS
County of Sin _p I E (Fv
s
NO 201
On this the L4 day of 198 , before me,
L1 THY Ro �'A I.J ,
the undersigned Notary Public, personally appeared
b,_)l LL I n nw,, 4n L r^es t 2 e. 43 6e,5
<. proved to me on the basis of satisfactory evidence
to be the person(s) whose name (s) AlA subscribed to the
within Instrument, and acknowledged that executed It
WITNESS my hand and official seal
Notary's Signature
7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd • PO Box 4625 • Woodland Hills, CA 91365 -4625
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CITY OF POWAY, a municipal
corporation
By:
ATTEST:
City Clerk
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(City Seal)
475
" ` " tdt' Coverage — EXHIBIT r Y s "A" -..
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SCHEDULE C
The land referred to in this policy 4' situated in the County of SAN DIEGO
State of California,-and is described -a -Wkws: M .
PARCEL 1:
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 13 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
PARCEL 2:
AN EASEMENT FOR ROAD. -AND PUBLIC UTILITY PURPOSES AND APPURTENANCES
THERETO OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 58.00 FEET IN
WIDTH, LYING WITHIN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18, AND WITHIN THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 19, ALL BEING 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 EASTERLY LINE OF SAID STRIP BEING
DESCRIBED AS FOLLOWSk.
a ,
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE WEST-
ERLY ALONG THE SOUTHERLY LINE OF SAID SECTION 18, A DISTANCE OF
660.00 FEET: THENCE SOUTHERLY, PARALLEL WITH THE EASTERLY LINE OF
SAID SECTION 19, A DISTANCE OF 200.00 FEET, MORE OR LESS, TO THE
NORTHERLY BOUNDARY OF THE EXISTING TRAVELLED COUNTY ROAD KNOWN AS
OLD COACH- ROAD AS LOCATED ON NOVEMBER 13, 1970 AND BEING THE TRUE
POINT OF BEGINNING; THENCE RETRACING NORTHERLY ALONG SAID PARALLEL
LINE 200.00 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID
SECTION 18; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF
SAID SE,§TION 18, A DISTANCE OF 660.00 FEET, MORE OR LESS, TO THE
NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 18.
SAID EASEMENT TO TERMINATE NORTHERLY IN THE NORTHERLY LINE OF SAID
SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 18, AND TO TERMINATE SOUTHERLY IN THE NORTHERLY
BOUNDARY OF SAID OLD COACH ROAD.
PARCEL 3:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES
AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THE EAST
409 FEET OF THE WEST 689 FEET OF THE SOUTH 40 FEET OF THE. NORTH
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
18, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF 'SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF.
THIS EASEMENT IS APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE
PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF THE `NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 18, TOWNSHIP 13 SOUTH, RANGE 2
WEST.
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