Lien Agreement for Public Improvements 1988-191300K
REQUESTED BY AND WHEN RECORDED,
RETURN TO: .
C i fi ti' RK S OFFIC5
C, L -t y. aF POWAY
"V_,� G WDY, 789
20 u) 4�, CA 92064
210 2/
8 14 110 0
F F L
,r, t. t too j 'r
19 APR 2 6 AN'
10_ I s
v, _ y F i-
APN 277 - 010 -12
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 Robert E. 2: Jeanen M. f1orteleone
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:
Ato FEt
Principal Obligation Not to Exceed: , 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 Z. 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 encumbered 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 y'2d �'�.„ Ae,,—
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 /—R— 7�e
_, 1987 at Poway, California.
Property Owner:
By: (24
By:
ATTEST:
K
City Clerk
m /lienl -3
-Uv 212
CITY OF POWAY, a municipal
corporation
By:
(City Seal)
PARTNERSHIP ACKNOWLEDGMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* State of On this the day of 19 before me,
* ) SS.
* County of )
* the undersigned Notary Public, personally appeared
*
*
*
*
*
,
*
* F-1 personally known to me
*
*
* F-1 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
k executed it.
k WITNESS my hand and official seal.
k
I k
k 11 Notary's Signature
GENERAL'ACKNOWLEDGMENT
* *
* * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
State of Coq
On this the day of SE�rFi�,BC�e19 8�, before me,
*
*
)
County of SA„) ,p�E�D )
SS.
GFl -r Hr -B►eok#� to
*
the undersigned Notary Public, personally appeared
*
*
,►- Teane..
*
*
_�ober-T
*
*
*
*
proved to me on the basis of satisfactory evidence
*
o be the person((s) whose names) i+ PC subscribed
*
OFFICIAL RFAL
to the within instrument, and acknowledged that -t�jgv
*
CATHY BROKAW
executed it. T
*
Notary Public - California
SAN DIEGO COUNTY
WITNESS my hand and official seal.
*
*
My Comm Exp Apr 21, im
*
*
*
Notary's Tignat, e
* *
* * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
PARTNERSHIP ACKNOWLEDGMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* State of On this the day of 19 before me,
* ) SS.
* County of )
* the undersigned Notary Public, personally appeared
*
*
*
*
*
,
*
* F-1 personally known to me
*
*
* F-1 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
k executed it.
k WITNESS my hand and official seal.
k
I k
k 11 Notary's Signature
EXHIBIT "A"
PARCEL 1•
214
The Easterly 368.36 feet of the North 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 there from the Southerly 360.70 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 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 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 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 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 for road and public utility purposes and appurtenances thereto
over, under, along and across a strip of land 29.00 feet in width, lyng
within the Southeast Quarter of the Southeast Quarter of Section 18, 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 Westerly and Northerly line of said strip being
described as follows:
Beginning at the Southwest corner of Parcel 1 hereinaboved described:
thence South along the West line of the Easterly 368.36 feet of said
Southeast Quarter of the Southeast Quarter of Section 18, to the South
line of the North one Half of said Southeast Quarter of the Southeast
Quarter of Section 18: thence West along the South line to the Northeast
corner of Parcel 2 hereinabove described. Said easement to terminate
on the North on the Southerly line of Parcel 1 hereinabove described and
on the West of the Easterly line of Parcel 2 hereinabove described.
EXHIBIT