Lien Agreement for Public Improvements 1993-03919862088
-0391
RECORDING REQU STED BY: ) 2 J Ufa 19 9 '_ 10:24 N
CITY OF POWAY ) AFFICIN RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED RETURN TO: ) ANNETTE PJANS, COUNTY RECORDER
CITY CLERK )
FEES: 0
CITY OF POWAY )
P. 0. BOX 789 )
POWAY CA 92074 )
(For Recorder's Use Only)
APN 314 - 020 -21
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
Hans R. and Esther M. Schie4ei
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 /SCHLEGEL
I
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Principal Obligation Not to Exceed - $7,055.00
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.
N WITNESS WHEREOF the parties have executed this agreement this 711 day of
, 1992, at Poway, California.
ATTEST:
V 7baA"5 -L,
Marjorie Wahlsten, City Clerk
Proper y Owner• ?
By: i 14�21 _
Ha s R. Sc legel
er M. c egel
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By • rl
Don . /Higginson, yor
A/ 440jeOMM +'j'n` FcJ4 �c F✓r /LJckd+►7 t'N%S
2090 0 ® UNITED TITLE COMPANY
2 STATE OF CALIFORNIA
M
SS.
to COUNTY F i�9
On :9 •2- before me, the undersigned, a Notary Public in and for,said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory
m evidence) to be the person(s) whose name(s) isAIS)subscribed to the
m within instrument and knowledged to me that he /she /executed
c
� th �alf me in his/her/ uthorized capacity(ies), and that by his/her/
Y ignature(s) on the instrument the person(s), or the entity upon
a of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
N d
7) Cn Signatur
FOR NOTARY SEAL OR STAMP
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ERICH K SCHLEGEL
COMM #975727
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f3CTpBER 18.1996
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314 - 020 -21
PARCEL 1:
EXHIBIT "A" 2091
Parcel 20 of Record of Survey Map No. 4134, filed in the Office of the County Recorder
of San Diego County, January 7, 1957 as File No. 3105, being a portion of Lots 3 and 4,
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 San Diego
County, May 7, 1888.
RESERVING THEREFROM an easement for road and public utility purposes over that
portion lying within that certain strip of land shown and designated on said Record of
Survey Map No. 4134, as "60 -Foot Easement Reserved for Road ", TOGETHER WITH
THE RIGHT TO GRANT SAID EASEMENT TO OTHERS.
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