Lien Agreement for Public Improvements 1993-0391988t_u
RECORDING REQU7ED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P. 0. BOX 789
POWAY CA 92074
APN 314 - 020 -51
209;
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1 —V3. I 6
2'2`jUN-11993 40z—,4 AM
FFICIA. RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNET T E EVANS, COUNTY RECORDER
FEES 0.00
For Recorder's Use Onl
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
Robert A. and Barbara B. Wiener
sometimes hereinafter referred to as "Property Owner."
WHEREAS, Property Owner and City have agreed to the installation of certain
improvements in the right of way of Hilltop Circle 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 equal to Property Owner's
cost for connection to the Hilltop Circle sewer main. 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 /WIENER
.l
_1 `r
Principal _ Obligation Not to Exceed - $5,421.00
Interest Rate on Unpaid Balance 4% per annum
Number of Annual Equal Payments
of Principal Plus Accrued Interest - 5
(Payable April 15 of each year)
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.
,Z,IN WITNESS WHEREOF the parties have executed this agreement this day of
1992, at Poway, California.
ATTEST:
Marjorie K. Wahlsten, City Clerk
1 /WIENERI
Propert Owne
By:
Robert A. Wiener
s
roara B. wiener
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By:
Don Higginson, or
:.„
Ile
INDIVIDUAL ACKNOWLEDGMENT
State o
SS.
County FS �X
OFFICIALSEAL
IV,ARIE LOFTON
Notary Public- California
SAN DIEGO COUNTY
Commission Expires
�.�,.o�• April 26,1994
w o
On this the //ay of
/7/J t
the undersigned Notary Public, personally appeared
me,
*proved to me on the basis of satisfactory evidence
to be the persor6whose namE s subscribed to the
within instrument, and acknowledged that executed it.
WITNESS my hand and official seal.
Notary's Signature
ATTENTION NOTARY: Although the information requested below is OPTIONAIn it could p�vent fraudulent attachment of this certificate anotherilocument.
�•.n.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
7100 -010
Title or Type of Docu
Number of Pages
Signer(s) Other Than Named Above
Date of
+y
NO. 201
@ NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304 -7184
4
EXHIBIT "A"
PARCEL 1:
2099
Parcel No. 16 of Record of Survey Map No. 4134, filed in January 7, 1957, in
the Office of the County Recorder of San Diego County, being a portion of
Lot 3 of Block "A" of Poway, in the City of Poway, County of San Diego, State
or California, according to Map thereof No. 536, filed in the Office of the
County Recorder of San Diego County, May 7, 1888.
PARCEL 2:
An easement for road and public utility purposes over all of those certain
strips of land lying within the boundary of Record of Survey Map No.
4134, filed in the Offaice of the County Recorder of said San Diego County,
January 7, 1957, as File No. 3105, being portions of Lots 2 to 5 inclusive,
in Block "A" of Poway, in the City of Poway, County of San Diego, State of
California, according to Map thereof No. 536, filed in the Office of the
County Recorder of said San Diego County, May 7, 1888, and shown and designated
on said Record of Survey No. 4134, as "60.00 foot Easement Reserved for Road ".
_Reserving from Parcel 1 above described an easement for road and public
utility.purposeq, aver , that portion. of -said .,Parcel .1 lying within the
`b6u'ndary"of Record of Survey Map No. 4134, filed in the Office of the County
Recgrd.er..-of - :said: S'an-.Diego- County;'- Januar o`'7;; `,1957, as'File No. 3105,
being portions of Lots 2 to 5, inclusive, in Block "A" of Poway, in the
City of Poway, County of San Diego, State of California, according to Map
thereof No. 536, filed in the Office of the County Recorder of said San
Diego County, May 7, 1888, and shown and designated on said. Record! of Survey
No. 4134 as "60.00 foot Easement Reserved for Road ". Said easement is
hereby declared to be appurtenant to and for the use and benefit of all or
any portion of Grantor's remaining land.