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Lien Agreement for Public Improvements 1993-0445367RECORDING REQUESTED BY: ) s � 1993- a09 :07 33 1 JUL -1993 09 :07 AM CITY OF POWAY ) OFFICIAL RECORDS WHEN RECORDED RETURN TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE CITY CLERK AHNETTE EUAN5+ FEES RECORDER 0.00 CITY OF POWAY ) P. 0. BOX 789 ) POWAY CA 92074 ) (For Recorder's Use Only) Doc Tax Fee -0- APN 316 - 071 -04 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 David 8 Sheila Farmer 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 /FARMER e w Principa0igation 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 5 l�e_ 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 day of 1992, at Poway, California. Property Qwner: By / //I Y_d n ua�vl _a Farmer By: �LhI I.Co�l e- ,V gwi� heila Farmer (signatures must be notarized) CITY OF POWAY, a Municipal Corporation By: C ATTEST: r.:es L. Bowersox, City Manager Marjorie K. Wahlsten erk 1 /FARM1 N GENERAL ACKNOWLEDGMENT State of California l ��/ 1 County of kb —e .l SS. so 35 CAL-23 - - - - -- ............................... On is the 110 A ay of '�K � 19 y�before me. the ndersigned Notary Public, personally appeared .1 r• ❑ personally known to me ER proved to me on the basis of satisfactory evidence OFFICIAL SEAL O.NI1.4M. RRAWNER to be the person(s) whose names) subscribed to the NO cA VEGCGAlIEOpnu �AN DIEGO rOJNiY within instrument, and acknowledged that `Qxecuted it. g E.01111Nw. 16.1992 WIT �E�SyS may haand_ and official seal. .................................................................................. Notary's Signature ............................... .1 r• N ATTACHMENT "A" N 636 r4 .PARCM 1: r 72nat portion of the Northeast Quarter of Section 22• 'lbwc>ship 14 South, Raga 2 t, San B mnardirn Meridian, in the City of Fburay, County of San Diego, Stabs Wes of California, according to United States Goverm8nt Survey, approved 11, 1879, described as follows: Co�mencing at a paint in the Center line of the County Road as 6hown on Road Survey No. 987, filed in the Office of the Surveyor of said San Diego OanntY, saki po.{nt being E2nginre''a State 116 Plus 26.39 an said center line and being a point on a save concave N,orCwest erly wtcee meter bears North 12' 46' 26' West, 4,000 feet therefrcre; thence 13-53'55" my� �� R. Mc 35 53 ") land 775.91 feet to the Most Southerly 1 1, 1949, in Sock 3158, Page 492 of Fetridge, et uz, by Deed rerx*rded Southerly line of said along official urt 340.23 feet to the �t Westerly Smyrner of land conveyed to Betty lose Dyer by peed recorded August 12, 1963 Series 4, Book 1963 as File No. 141912 of Official Pewrds, thence along the boundarf of said land South 73020'50" Fast 91.09 feet d South 11'28'20" East a 11'28'20" Fast to the South l� of said Dyer's lard: thsnoe continuing of said Sectdnn 22; theca the Northeast Quarter of the 1=UIB8 �� 223.67 Westerly along said Sout�lY lif land aoI eyeddistant Viola E Vim. Easterly thereon zeoardrd feet fMI the cutheast Mazda 2, 1956 in Bock 5998, Page 369 of Official Peaotcl9, �d 1 being Line to 74416 POINT OF BMpNIIG; theme conntiruing Westerly alorng said last rtrrntloned Southeast corner.; thane along the Easterly l.1ne of said said lag's lend nFNd S utheas20" West 186.31 feet to the Souttrrast Corner of land described in Deed to Jon W. Swain and Wife recorded July 16, a So as Dormant No. 119478 of. Of Records of said County,* thence along the Southerly �� of said last mentioned land, North 80100100" East 235.87 feet: thence South 13'41'20" East 52.92 feet and South 7'19'20" East 180.83 feet to the T4i116 POLNr OF BrUD44ING. PARCEL 2: An easement for ingress and egress fc road and publIC utility prrpoees, 40.00 feet in Width, over, under, along and across that pion of South, Rase 2 bleat. Quar*ar of t'a Northeast Quarter' of Section 22, Sb�nip San Pe¢rnardlno Base and Meridian, according to lknited States Gbverrnrent Survey, the canter 1.i3je of said strip being described as follows: in C m ,nclnkg at the No[th+estarly corner of Parcel hexalnabove described being th s Southwesterly corner of land described in Parcel 1 in Deed to Jon W. Swain, et recorded July 16, 1968, as Instrument No. 119478; thence along the Westerly line of said land North 13'41120" West. 254.13 feat to the Northwesterly aaarnar of said Parcel 1 of Swain's lard and being the ']431E POD OF BEGINNING; thane 1 along the boundary of said Parcel 1 of Swain's land as follows: t North 82'52'20" East, 121.06 feet to the beginning of a tmVe"t 130.00 foot (Continued)