Lien Agreement for Public Improvements 1993-03919852084 j9i �� c,
� � 03
RECORDING REQUESTED BY: ) 22 —.l Lj _1 S ; 1 0 21
CITY OF POWAY ) 011 FFIC1AIL R ECif I R D S
SAN OiEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED RETURN TO: ANNETTE EVANS, COUNTY RECORDER
CITY CLERK )
FEES, ` 0
CITY OF POWAY )
P. 0. BOX 789 )
POWAY CA 92074 )
(For Recorder's Use Onlv)
APN 314- 020 -12
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
Ronald R. and Jill F. Kull
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 /KULL
208L
Principal`bligation Not to Exceed - $5,066.00
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.
IN WITNESS WHEREOF the parties have executed this agreement this r day of
� f C__ , 1992, at Poway, California.
.
4 ATTEST:
Marjorie K. Wahlsten, City Clerk
1 /KULL1
Property - 8wger:
R
anaId R.
r-
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By:
Don Higginson, V
u
State of C_' t 1 2 0 8 6
County of S 1✓ ll
On 1�- �� -_91- before me, Micnele Everson, i4otary PUDlic
DATE NAME TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC'
personally appeared � , I T G"j,k4) �
S)
OF SIGNER(S)
[] personally known to me - OR - roved to me on the basis of satisfactory evidence
to be the persons whose name%)(i*are
subscribed to the `within instrument and ac-
knowledged to me that he /sqW hey executed
the same in his /here authorized
ca acit Ies and that by his /he their
HELE 145 signature(s) on the instrument the person(s),
M, I- C;AL.IFCT tIA or the entity upon behalf of which the person (s)
i SP J11! cb Go COUNTY acted, executed the instrumel�Ii.
� ;;V I `�' Si1. e>r,re F >. J, �n Witness my hand and official seal.
SIGNATURE OF NOTARY
NO
CAPACITY CLAIMED BY SIGNER
b INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TITLE(S)
❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ .SUBSCRIBING WITNESS
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
_ ATTENTION NOTARY: Attnough the mtormation requested below is OPTIONAL. it could prevent traudulent attachment of this certificate to unauthorized document
THIS CERTIFICATE Title or Type of Document I_e
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT I _-
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above rt_
0 1991 NATIONAL NOTARY ASSOCIATION - 8236 Rommel Ave. - P.O. Box 7184 - Canoga Park, CA 91304 -7184
EXHIBIT "A"
PARCEL 1:
2087
Parcel 12 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 Lot 3, Block "A ", 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.
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
as File No. 3105, being a portion of Lots 2 to 5, inclusive, Block "A ", 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 and shown and designated on said Record of Survey Map No. 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 ",
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.
314 - 020 -10