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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; � 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.