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Lien Agreement for Public Improvements 1993-0391987RECORDING REQUITED BY: ) CITY OF POWAY ) WHEN RECORDED RETURN TO: 94w CITY CLERK ) CITY OF POWAY ) P. 0. BOX 789 ) POWAY CA 92074 1 APN 314 - 020 -31 �- ion i _4 iilj 22--JUN-1993 10:24 AN vi rICIA RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE 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 Scott L. and Marie Curtis 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 /CURTIS 2093 Principal Obligation Not to Exceed - $3,487.00 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. this 'dr�,y of IN WITNESS WHEREOF the parties have executed this agreement , 1992, at Poway, California. Prope �tOwnkt, By: cot urt' --7./ A rie Curtis Leona Campion (signatures must be notarized) M. MEDINA OTARY PUBLIC CITY OF POWAY, a Municipal Corporation, Broadway, Lobby ;`� wl ieno, CA 92101 By: C l Don Higginso(JA Mayor Marjorie K. Wahlsten, City Clerk 1 /CURTISI 1 4 1992 ALL - PURPOSE ACKNOWLEDGMENT State of County of 2094 On Dd7 . /fIlf 1— before me l0AtifG�' IV G.sc -fc.-J �il/r:�r,Ly DATE ' NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC- personally appeared �C-a7 L . e 4(.c 7-/,F , NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the personal whose name(g) is /arm subscribed to the within instrument and acknowledged to me that he /sWU+q OFFICIAL NOTARY SEAL executed the same in his /ham /Heir A / DARYLE N. LARSEN authorized capacity(.iesj', and that by -- Notary Public — California his /bwlt -erf' signature(4" on the instrument SAN DIEGO COUNTY the persons*, or the entity upon behalf of x My Corr,.,: Expires SEP 26,1994 which the person(8) acted, executed the ---�- instrument. Witness my hand anUfficial seal No. 5179 CAPACITY CLAIMED BY SIGNER ® INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document G /�"� ' /�����"N*� /`'ate /ealf4" - Z'yZA00ar, MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Number of Pages Z_ Date of Document / 2— /y -9•- Signer(s) Other than Named Above IVX X 1e" (fu1-7'j 5' Zey­x ©1992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91304 -7184 STATE OF CALIFORNIA COUNTY OF N" OIIWO } SS. 9 4 1992 On before me, the undersigned, a Notary Public in and fo W said State, personally appeared x W X_---- -- J , personally known to me or A. proved to me on the basis of satisfactory evidence to be the person_ whose name � subscribed to the within instrument and acknowledged that S exe- cuted the same. 7 /DWI y hand and official seal. 4iAt ire 1 r 220 n OFFICIAL SEAL R. M. MEDINA "= r NOTARY PUBLIC CALIFORNIA -� PRINCIPAL OFFICE IN SAN DIEGO COUNTY ^ommission Expires December 29, 199'3 (This area for official notarial seal) EXHIBIT "A" 2093 PARCEL 1: Parcel 31 of Recrod of Survey Map No. 4134, filed in the Office of the County Recorder of San Diego County January 7, 1957, being a portion of Lot 5 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 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 Office of the County Recorder of said San Diego County January 7, 1957, being portions of Lots 2 to 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 said County, May 7, 1888, and shown and designated in said Record of Survey 4134 as "60 foot easement reserved for road ". Excepting from said strips of land those portions thereof lying southerly of the Southerly line of Lot 4 in block "A" of Poway, as shown on said Record of Survey Map No. 4134. ALSO excepting from Parcel 2, that portion lying within said Parcel 1 above described.