Lien Agreement for Public Improvements 1993-0391984• j� ��yy 1x s1t �g � t.
RECORDING REQU STED BY: ) ( L _ E�F� —� 4 A
CITY OF POWAY ) OFFICIAL RECOF'OS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED RETURN TO: ) ANNETTE EVANS, COUNTY RECORDER
FEES Al.
CITY CLERK )
CITY OF POWAY )
P. 0. BOX 789 )
POWAY CA 92074 )
(For Recorder's Use Only)
APN 314 - 020 -11
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
Maurice J. and Gail L. Papier
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 /PAPIER
314 - 020 -11
PARCEL 1:
C!
EXHIBIT "A" 2083
Parcel 11 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" 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.
descrip \hilltop.pap
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5193
State of
County Si,
i
2082
On �-� �� before me�� s
DATE NAME, ITLE OF bFFICER - E.G., "JANE DOE, N RY PUBLIC"
` personally appearedCh -/' Of
NAME(S) OF SIGNER(S)
OR - proved to me on the basis of satisfactory evidence
to be the person whose name( i 4ft, —,
subscribed to the within instrument and ac-
knowledged to me that e Xt#ey executed
the same in er oie-rr authorized
OFFICIAL SEAL capacityki&e , and that by -b-FB /their
' MARIE LOFTON signature on the instrument the person
Notary Public - California
SAN DIEGO COUNTY or the entity upon behalf of which the
My Commission Expires persona acted, executed the instrument.
April 26,1994
WITNESS my hand and official seal.
THIS CERTIFICATE MUST BE ATTACHED TO
'THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
SIGNATURE OF NO RY
OPTIONAL
TITLE OR TYPE OF DOCUME
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
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)
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVEI-_;�)L//a4A,--e �• 3
@1992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184
State of
• county of!c U
On l before me,
DATE NAME, TITLE OF OFFICER - E.G., "J NE DOE, NOTA UBLIC"
Qersonally appeared
- proved to me on the basis of satisfactory evidence
-
to be the person(y4f,whose name Is re
subscribed to the within strument and ac-
knowledged tome that &shefthrep' executed
,E...ol, OFFICIAL SEAL
MARIE LOFTON
the same in is authorized
�l _ _ .� -:-
that by "t"t1
NotaryPublic- California
SAN DIEGO COUNTY
capacity. and i�wr
signaturet�pn the instrument the person(s),
MyCommiwionExpires
or the entity upon behalf of which the
- April 1-' 1994
person *acted, executed the instrument.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
WITNESS my hand and official seal.
�O �
SIGNATURE O
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT.
UrIlUNAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
INDIVIDUAL
CORPORATE OFFICER(S)
TITLE(S)
PARTNER(S) [—] LIMITED
0 GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
NUMBER OF PAGES DATE OF DOCUMENT —
SIGNER(S) OTHER THAN NAMED ABOVE
@1992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
.r
i
t 2 Ift
• Principal Obligation Not to Exceed - $5,356.00
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 `� day of
1994,; at Poway, California.
Property Owner:
By: GLA_ cl�� z�
Maurice J. Papier
Gail L. Papier
ATTEST:
Marjorie 'K. Wahlsten, City Clerk
VPAPIERl�'
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By: -
Don Higginso Mayor