Lien Agreement for Public Improvements 1988-132340455
132340
REQUESTED BY AND WHEN RECORDED,'3 ":.., :$
RETI&yT &TRK'S OFFla i Q
CITY OF POWAY.
P.O. BOX 789
POWAY, CA 9206 t t;UN I v
APN 277 - 010 -16
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a munici-
pal corporation of the State of California sometimes hereinafter referred
to as "City," and Gene & Judith R. Purvis, 18118 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 deter-
mined 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:
1K0 FEE
456
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 WITNESS WHEREOF the parties have executed this agreement this %y
day of O,e,2 1987 at Poway, California.
Property Owner:
By:
d2iJ/LvL/J
Signatures to be Notarized
Signatures to be Notarized
457
CITY OF POWAY, a municipal
rnrpnratinn
By:
ATTEST:
`� .- �z
Ci y Clerk
\J
m /lienl -3
(City Seal)
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
L i i L i i J. J. L J. i .L .i .. .. �. .•. .�
A
458
GENERAL
ACKNOWLEDGMENT
v
*
*
State of CALIFoK4J1A
On this the —day of Al�RiL 1982, before me,
*
)
County of S'A,J J)lEro )
SS.
TNv ���2Qi;A�
*
the undersigned Notary Public, personally appeared
*
*
*
C-s F fo e- d- n- U.O I TH 121 t'u R V is
*
if
*
*
*
*
OF SE
proved to me on the basis of satisfactory evidence
Wo
CATHY BAMW
be the perso sDwhose nan�D ,qR� subscribed
*
►�18
� DIEGO COUNW
to the within instrument, and acknowledged that 7y
*
executed it. —
*
Of CWM.EV.AM 21.1983
WITNESS my hand and official seal.
*
*
*
*
Notary's SignatUre
*
* * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
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
L i i L i i J. J. L J. i .L .i .. .. �. .•. .�
.r
�• s
EXHIBIT "A" � u 459
LEGAL DESCRIPTION
ORDER NO. 863287 -NC
PARCEL 1:
The Easterly 660.00 feet of the South 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 United States Government Survey.
EXCEPTING therefrom the Northerly 283.00 feet.
ALSO EXCEPTING therefrom the Easterly 275.00 feet of the Northerly 400.00
feet.
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 beina in Township 13 South, Ranae 1 West, San Bernardino
Meridian, in the County of San Diego, State of California, accordina 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
alona the Southerly line of said Section 1B, 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 beina the TRUE POINT OF BEGINNING; thence retracina
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, to the most Northerly, Northwest
corner of Parcel 1 hereinabove described. Said easement to terminate
Northerly in the Westerly prolongation of the most Northerly line of Parcel
1, and to terminate Southerly in the Northerly boundary of said Old
Coach Road.
ms
5/22/86