Lien Agreement for Public Improvements 1993-0602476346'` IQ
RECORDING REQUESTED BY: ) 14 —SEF; --1993 08 :54 AN
CITY OF POWAY ) OFFICIAL RECORDS
"SAN DIEGO LOUN ' Y RECORDEIR' S OFFICE
WHEN RECORDED RETURN TO: ) ANNETTE EVANS, COUNTY RECORDER
CITY CLERK ) FEES 0.00
CITY OF POWAY
P. 0. BOX 789 )
POWAY CA 92074 )
(For Recorder's Use Only)
APN 314 - 020 -44
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
Erick and Theoda Mickelson
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 /MICHELSON
I
347
Principal Obligation Not to Exceed - $4,691.00
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. /r)-r4
IN WITNESS WHEREOF the parties have executed this agreement this *-day of
�'1)ec.ber 1992, at Poway, California.
ATTEST:
1 - 7 ya/"
Marjorie K. Wahlsten, City Clerk
1 /MICKELI
Property Owner:
Erick Mickelson
l
Theoda Mickelson
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By:�
Don Higginso , ayor
CM
0
INDIVIDUAL ACKNOWLEDGMENT
State of CAAJFORNJ RJ
County of k-5;4^ n .Dl e6: o SS.
OFFICIAL SEAL
CATHY BROKAW
C , SAN�WE CO(JNTY
COMM- EXP. May 14, 1993
On this the P2 Aay of .VtC, - �6lr 19-29, before me,
the undersigned Notary Public, personally appeared
proved to me on the basis of satisfactory evidence
to be the pers(Owhose namc) <L 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 OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
THIS CERTIFICATE Title or Type of Document 4i O-A) .LJe�rS- ¢�+� -•f _�'— �u��ic. .li.L ry
MUST BE ATTACHED Number of Pages 2 Date of Document -1'5/ ?A
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 4tv2.e.
@ NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304 -7184
• �`•'' '' � � 349
EXHIBIT "A"
s `
LEGAL DESCRIPTION
PARCEL 1:
All that portion of that certain piece or parcel of land which is delineated
and designated as "Parcel 14" on Record of Survey Map No. 4134, filed in the
Office of the County Recorder of San Diego County January 7, 1957, said Record
of Survey Map No. 4134 being a survey of Lots 2.through 5, inclusive, in
Block "A" of Poway, in the County of San Diego, State of California, according
to Map thereof No. 536, filed in the Office of the County Recorder of San Diego
County, May 7, 1888 , which lies Northerly of the following described line:
Beginning at a point in the Easterly line of said parcel, distant thereon North
1 00' East, 149.08 feet.from the Southeast corner of said parcel; thence North
88° 29111" West 176.10 feet to the Westerly line of said parcel.
PARCEL 2:
Easements for road purposes over and across those certain strips of land which are
delineated and designated as "60 foot easement reserved for road" on Record of
Survey Map No.4134, filed in the Office of the County Recorder of San Diego County,
January 7, 1957, said Record of Survey Map No. 4134 being a survey of Lots 2 through
5 inclusive, in Block "A" of Poway, in the County of San Diego, State of California,
according to Map thereof No. 536, filed in the Office of the County Recorder of
San Diego_County, May 7, 1888.
The above described easements are for the benefit of and appurtenant to the
property described in Parcel 1 above, and shall inure to the benefit of and may
be used by all persons who may hereafter become the owners of said appurtenant
property or any parts or portions thereof.
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