Lien Agreement for Public Improvements 1988-132339r
REQUESTED BY AND WHEN
RE CITY CLERK'S OFFICE
CITY OF POWAY.
P O. BOX 789
POWAY, CA 92064
RECORDED,
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APN 277 - 010 -15
88 132339
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LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS NO FEE
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 Juanita B. Ki nyon
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:
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451
Principal Obligation Not to Exceed: $ 3,512
Interest Rate on Unpaid Balance: 5 % per annum
Number of Annual Equal Payments of Principal
Plus Accured Interest:
(Payable April 15 of each year) nine ( 9 )
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 1�9 u
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
1987 at Poway, California.
Property Owner:
By:c / 6 A--
Si atures to be Notarized
By:
Signatures to be Notarized
GENERAL • i
State of f3�iz�R.Jis3
County of SS
� rah,,:_, �y ♦.
On this the
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day of
AuS
vs T
193), before me,
the undersigned Notary Public, personally appeared
�C proved to me on the basis of satisfactory evidence
to be the personNwhose name /S 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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ATTEST:
City Clerk
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CITY OF POWAY, a municipal
corporation
By:
Mayor
(City Seal)
454
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EXH3BIT A
PARCEL 1
• The Southerly 360.70 feet of the Easterly 368 36 feet of the North Half
of the Southeast Quarter of the Southeast Quarter of Section 18, Townshilt
13 South, Range 1 West, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to United States Government
Suvevey
PARCEL 2
Y An easement for road and public utility purposes and appurtenances thereto
over, under, along and across the Northerly 29 00 feet of the following
described property
The Northerly 283 00 feet of 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 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, as created by instrument recorded
Marth 26. 1971 as File No. 58091
PARCEL 3
An easement for road and public utility purposes and appurtenances thereto
ever, 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 I 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 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
1 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, as created
by instrument recorded February 24, 1971 as File No 34439 of Official Records
CO
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