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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