Lien Agreement for Public Improvements 1993-0445353RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF POWAY
P. O. BOX 789
POWAY, CA 92074
I
9-3 -10 44
56fi 13- jut - -x.993 09--0?
C*FICIA RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
(For Recorder's Use Only)
APN 314 - 020 -20 Doc. Tax Fee -0-
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a
municipal corporation of the State of California sometimes hereinafter
referred to as "City," and STEVEN L. AND DONNA CHIN DIX 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 replay 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
improvements 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:
Principal Obligation Not to Exceed - $4,956.00
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)
567
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, executors, 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 construction 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.
IN W rT ESS WHEREOF the parties have r,-//
u ed this agreement this,^
day of 1993, at Powa alifornia.
Property Own
By: Liz
Steven L. DIx
Donna Chin Dix
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By: a�tjw,
Jamgs L. Bowersox, City Manager
�._ -J
Marjorie K. Wa lsten, City ler
c: \1iens\hi11top.dix
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
566
No. 5193
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State of_ a OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County O Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons retying on the document.
On before me, [] INDIVIDUAL
DATE NAME, TITLE OF p ICER - .G., -JANE E, NOTARY PUBLIC" OFFICER(S)
personally appea4 i t �� n
nTLE(s)
PARTNER(S) []LIMITED
GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
WITNESS my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES)
SIGNATURE OF NO ARY
OPTIONAL SECT
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUME 4G_, -GiL-LFiJ7t e
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES __" DATE OF DOCUMENT �S
Though the data requested here is not required by law, _
It could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABO,v. E_ —14X" >z�'
01992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park CA 91309 -7184
1
R - Wroved to me on the basis of satisfactory evidence
to be the perso <s whose name is ar
subscribed to the within instrument and ac-
knowledged to me that he /sh a executed
the same in his/her ei authoriz
OFFICIAL SEAL
MARIE LOFTON
capacit I s , and tha bt y his /her, ei
W-
Notary Public Callfornlo
signatur son the instrument the perso sj
=!°
-
SAN DIEGO COUNTY
or th tity upon behalf of which the
the instrument.
res
MyComm Is
perso syacted, executed
AM ��
nTLE(s)
PARTNER(S) []LIMITED
GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
WITNESS my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES)
SIGNATURE OF NO ARY
OPTIONAL SECT
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUME 4G_, -GiL-LFiJ7t e
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES __" DATE OF DOCUMENT �S
Though the data requested here is not required by law, _
It could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABO,v. E_ —14X" >z�'
01992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park CA 91309 -7184
1
566
EXHIBIT "A"
PARCEL 1:
PARCEL 21 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, 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.
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.
PARCEL 2:
AN EASEMENT FOR ROAD AN 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
AS FILE NO. 3105, BEING PORTIONS OF LOTS 2 to 5, INCLUSIVE, 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, AND SHOWN AND DESIGNATED ON 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, 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 AS
DESCRIBED.
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