Lien Agreement for Public Improvements 1993-0445351RECORDING REQ S ED BY ) 558 _- = =�7
CITY OF POWAY ) OFFICIAL RECORDS
WHEN RECORDED RETURN T0: ) SAN DIEGO COUNTY RECORDER'S OFFICE
AHNETTE EVANS, COUNTY RECORDER
CITY CLERK FEES:
CITY OF POWAY ) �'
P. 0. BOX 789
POWAY CA 92074 )
(For Recorder's Use Only)
APN 314 - 020 -04 Doc. Tax Fee -0-
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
Roberta E. Gibbens and David L. Ellis
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 /GIBBENS
559
Principal Obligation Not to Exceed - $5,331.00
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.
_LL �ITNE WHE REOF the parties have executed this agreement this day of
, 1992, at Poway, California.
ATTEST:
,-� � Aa ai-• kl- U tz
Marjorie K. Wahlsten, City Clerk
11
1 /GIBBENSI
Prop e Own r: `
By: C �)
obe E. Gibbens
avid L. Ellis I
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By:
vovL
Don Higginson, M o
N so
iunwieuAL AinKNAwILEDGNIENT
State od4 A /
SS.
County
�E�..•.•. ♦y OFFICIAL SEAL
MARIE LOFTON
Notary Public- Callfomla
SAN DIEGO COUNTY
Nly � 1� � res
On this theday of
the undersigned Notary Public, personally appeared
560 NO.201
719;��before me,
e
71proved to me on the basis of satisfactory evidence
to be the persores whose nam subscribed to the
within instrument, and acknowledged that - executed it.
WITNESS my hand and official seal.
/7i/ / l If
Notary's Signature
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachm t of hi certificate to anothe r. ument.
THIS CERTIRCATE Title or Type of Documek
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
7100 -010
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EXHIBIT "A"
PARCEL li
M
561
That certain parcel of land shown and designated as Parcel No. 5 on Record of Survey
Map No. 4134 filed in the Office of the County Recorder of San Diego County January
7, 1957; said land being a portion of Lot 2 in 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,
PARCgL 2:
An easement for ingress and egress upon, along and across all those portions designated
, upon - }said- Record --of- Survey Hap as "60.00 foot easement reserved for road ", being
a portion of Lots 2, 3, 4, and 5 in 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.