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Lien Agreement for Public Improvements 1993-0445362y RECORDING REQUESIE BY: CITY OF POWAY WHEN RECORDED RETURN TO: CITY CLERK CITY OF POWAY P. 0. BOX 789 POWAY CA 92074 APN 316 - 070 -16 60913 - 7UL- 1993- 09:07 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER FEES: 0.00 LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS ax t ee - THIS AGREEMENT entered into by and between the CITY OF POWAY, a municipal cor- poration of the State of California sometimes hereinafter referred to as "City," and WAYNE STORY sometimes hereinafter referred to as "Property Owner." WHEREAS, Property Owner and City have agreed to the installation of a bridge in the right of way of Cobblestone Creek 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, City has loaned to Property Owner 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 improve- ments 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 of $7,576.14, which repre- sents one - sixteenth (1/16) of the total amount of the loan of $121,218.24 in connec- tion with the installation of a bridge on Cobblestone Creek 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: 1 /STORY Principal Obligation Not to Exceed - Interest Rate on Unpaid Balance Number of Annual Equal Payments of Principal Plus Accrued Interest - (Payable April 15 of each year) " $7,576.14 5% per annum F". 610 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, exe- cutors, 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 construc- tion 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 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 16 71*� day of %�1�f1Ll�dv 1992, at Poway, California. ATTEST: Marjorie K. Wa is en, C ty er 1 /STORYI Property Owner: By: Wayne 5tiffry (signatures must be not rized) CITY OF POWAY, a Municipal Corporation a es L. Bowersox, City Manager 6T 3 0 U r c LL- `u c I so N 611 STA7E OF CALIFO IA �/� )as, COU�NN,T,YO,F J before ) me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. m a d and official seal ��/y Signature �L��'LLL Qiu('�/L� y oNITAM. l.W � ANIiA M. RAW r Y 4' NoTR9r wsuc.auv0 SRN OIEGO COUNiV !+f /Camm.FipresNw. l6. 199t r` (This area for official notarial seal) IwRl 7 . R� r` a IwRl 7 . R� J N EXHIBIT "A" 612 All that portion of the North Half of the Northeast Quarter of Section 22, Township 14 South, Range 2 West, San Bernardino Base and Meridian, according to United States Government Survey, approved September 11, 1879, described as follows: Commencing at a point on the Southerly line of that certain 80.00 foot County Highway (F.A.S.729 [1]), as shown on the Map of the Relocation of Road Survey No. 987, on file in the Office of the County Surveyor of said San Diego County, said point being opposite Engineer's Station 110 plus 89.06 E.C., in the center line of said highway and being also the Easterly terminus of a curve in said Southerly line concave Southeasterly and having a radius of 2,360.00 feet; thence Southwesterly along said curve, through a central angle of 02° 54'48 ", a distance of 120.00 feet to a point through which a radial line of said curve bears North 120 56'08" West; thence leaving the Southerly line of said highway, South 250 42'45" East, 240.51 feet; thence North 811 13'40" East, 181.32 feet; thence South 28° 29'00" East, 305.45 feet to a point in the center line of that certain 40.00 foot easement for road purposes, as described under Parcel No. 3, in deed to Holmes S. West, et ux, recorded January 30, 1956 in Book 5956, Page 518 of Official Records; thence along said center line South 621 42'00" West, 10.71 feet to a tangent 150.00 foot radius curve concave Southeasterly; thence Southwesterly along said curve 122.24 feet through an angle of 460 41'30" thence tangent to said curve, South 160 00'30" West 61.42 feet; thence South 391 30'15" East, 152.74 feet; thence at right angles to said center line, North 501 29'45" East, 20.00 feet; thence North 74 133'40" East, 141.32 feet; thence North 13° 46'20" West, 252.97 feet to the TRUE POINT OF BEGINNING; thence retracing South 131 46'20" East, 252.97 feet; thence North 740 33'40" East, 150.00 feet; thence North 130 26'30" West 285.08 feet; thence North 270 18'00" West, 20.00 feet to a point in said center line; thence along said center line, South 620 42'00" West 155.90 feet to a line which bears North 270 18'00" West from the True Point of Beginning; thence South 270 18'00" East, 20.00 feet to the TRUE POINT OF BEGINNING.