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Lien Agreement for Public Improvements 1993-0445363RECORDING REQUE•D BY: CITY OF POWAY WHEN RECORDED RETURN TO: CITY CLERK CITY OF POWAY P. 0. BOX 789 POWAY CA 92074 APN 316- 070 -38 DR 9 1993 - 0445363 613 13 —JUL -1993 09 :07 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COJNTY RECORDER FEES: ".4A For Recorder's Use Onl Doc. Tax Fee -0- LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS 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 GEORGE & PHYLLIS MCFETRIDGE 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 /MCFET Principal • igation Not to Exceed - Interest Rate on Unpaid Balance Number of Annual Equal Payments of Principal Plus Accrued Interest - (Payable April 15 of each year) • $ 7,576.14 614 5% per annum 5 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 17r day of An>v, 1992, at Poway, California. Property Owner: By:_ GeorTe McFetridge Ph llis McFetridge (signatures must be notarized) CITY OF POWAY, a Municipal Corporation By VU 7 " 7S �1 1C �`Jamela L. Bowersox_, City Manager ATTEST: J Marjorie K. Wahisten, City lerk 1 /MCFETI • 0 615 State of California ss. County of San Diego On November 17, 1992, before me, Irene Cockcroft, a Notary Public, personally appeared George McFetridge and Phyllis McFetridge, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity on behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature OFFICIAL SEAL IRENE CCCKCR0F1 •. Notary Public-Co fomla SAN DIEGO COUNTY My Commission Expires August 26. 1995 0 0 616 EXHIBIT "A" LEGAL VESTING: THE GEORGE B. AND PHYLLIS D. MC FETRIDGE TRUST APN: 316 - 070 -38 AND 24 TEMPORARY CONSTRUCTION EASEMENT: THAT PORTION OF LAND OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15 AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, OF TOWNSHIP 14 SOUTH, RANGE 2 WEST,IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DEEDED TO GEORGE B. MC FETRIDGE ET. UX., APRIL 1, 1949 IN BOOK 3158 PAGE 492 OF OFFICIAL RECORDS OF SAID COUNTY, THAT PORTION OF SAID LAND BEING EASTERLY OF A LINE PARALLEL AND 25.00 FEET WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF COUNTY ROAD SURVEY NO. 987 ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY SAID POINT BEING COUNTY ENGINEERS' STATION 118 +66.39, THENCE ALONG THE CENTERLINE OF A 30.00 FOOT WIDE PUBLIC ROAD EASEMENT AS SHOWN PER RECORD OF SURVEY 2253 ACCORDING TO MAP THEREOF ON FILE WITH SAID COUNTY SURVEYOR SOUTH 02 010137" EAST 335.36 FEET TO A POINT OF TERMINUS. EXCEPTING THEREFROM THAT PORTION WITHIN THE PUBLIC RIGHT -OF -WAY LYING 60.00 FEET SOUTHERLY OF THE CENTERLINE OF SAID ROAD SURVEY AND ALSO EXCEPTING THAT PORTION SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT OF TERMINUS THENCE NORTH 87 049'23" EAST 25.00; THENCE NORTH 02 °10'37" WEST 128.15 FEET; THENCE NORTH 68 059'05" EAST 61.24 FEET TO THE EASTERLY LINE OF SAID LAND DEEDED TO GEORGE B. MC FETRIDGE, ET.UX. SAID TEMPORARY EASEMENT SHALL EXPIRE WITHIN 90 DAYS AFTER THE FILING OF NOTICE OF COMPLETION OF CONSTRUCTION OF COBBLESTONE CREEK ROAD IMPROVEMENTS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B ". THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION. 9 9 92 CECIL E. RYALS P.L.S. 399tl i 1 No. 3997 Exp G