Lien Agreement for Public Improvements 1988-132341REQUESTED BY AND WHEN RECORDED,
RETURN ��( CLERK'S OF11aE
CITY OF POWAY.
P O. BOX 789
POWAY, CA 92064
460 )8 132341
k � 8
`" N 3 2. 0
I
VEV L (' ti i_
A
APN 277 - 010- 17'?''`'
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a FEE
municipal corporation of the State of California sometimes hereinafter
referred to as "City," and Robin & Kay Bithell, 18112 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:
461
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 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 WIT ESS EREOF the parties have executed this agreement this szu
day of , 1987 at Poway, California.
Signatures to be Notarized
Sig
OFFICIAL SEAL
CAROL BIDDLECOME
ROTARY PUBLIC CALIFORNIA
•�• ' «'
PRINCIPAL OFFICE IN
SAN DrGO COUNTY
_ _ _
My Commission Exp. Sept. 5, 1987
Signatures to be Notarized
Sig
Property Owner:
IF.�
WE / �� //
1
OFFICIAL SEAL
CAROL BIDDLECOME
NOTARY PUBLIC CALIFORNIA
•�• ' «'
PRI111CIPAL OFFICE IN
SAN DIEGO COUNTY
_ _ _
My Commission Exp. Sept. 5, 1987
Property Owner:
IF.�
WE / �� //
1
462
CITY OF POWAY, a municipal
corporation
at �MMP��`'``
ATTEST:
City Clerk
(City Scat)
m /lien1 -3
�P
Ps Bey
463
Pare
'6 O C.
/fie _'Ilweal
EXHIBIT "A"
02.77 6/0
a7761,K
111 g ol7/
1:
4
PARCEL 1:
The Northerly 283.00 feet of the Easterly 660.00 feet of the South Half of the
x
Southeast Quarter of the Southeast Quarter of Section 18, Township 13 South,
PA 9
Range 1 West, San Bernardino Base and Meridian, in the County of San Diego,
State of California, according to United States Government Survey.
EXCEPTING from said South Half of Southeast Quarter of the Southeast Quarter,
the Easterly 275.00 feet.
PARCEL 2:
An easement for road and public utility purposes and appurtenances thereto
X
over, under, along and across a strip of land 58.00 feet in width, lying
PA 10
within the South Half of the Southeast Quarter of the Southeast Quarter
Sec. 18
of Section 18 and within the Northeast Quarter of the Northeast Quarter
x
of Section 19, all being in Township 13 South, Range 1 West, San Bernardino
NE /NE
Base and Meridian, in the County of San Diego, State of California, according
Sec. 19
to United States Government Survey, the Easterly line of said strip being
described as follows:
Commencing at the Southeast corner of said Section 18: thence Westerly 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 Section 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
DR AAA
line of said South Half of the Southeast Quarter of the Southeast Quarter
CF FBD
of said Section 18, and to terminate Southerly in the Northerly boundary
10 -6 -71
of said Old Coach Road.
T -6306
C -75675
EXCEPTING therefrom that portion lying within Parcel 1 hereinabove described.
RESERVING from Parcel X hereinabove described, an easement for road and
public utility purposes and appurtenances thereto under, along, over and
-
across the Easterly 20.00 feet.
1:
4
464
-GENERAL ACKNOWLEDGMENT
*****************
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
*
State of C..3
On this the of April 19 87 before me,
__24_thday _
*
County of sa„ nipgo )
*
the un ersigned Notary Public, personally appeared
*
*
*
Rnhin A Rif-bell and Kan K Rithall
*
,
*
*
OFFICIAL SEAL
❑ personally known to me
' °
CAROL 81DDLECIO, E
" NOTARY PUBLIC CALIFORNIA
X❑ proved to me on the basis of satisfactory evidence
1z, r;
PP?NCIPALOFF1 -E IN
to be the person(s) whose name(s) ar subscribed
*
SAN &ECOCOUNTY
to the within instrument, and acknowledged that
My Commission Exp. Sept. 5, 1981
ado
executed it.
*
WITNES y h d an official 1.
*
*
*
*
*
No STqTn a f u
*
* * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
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 —
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
s
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 Notary's Signature