Lien Agreement for Public Improvements 1991-024342023—MAY--1991 08:30 Ali
RECORDING REQUESTED BY: ) SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF POWAY ANNETTE EVANS, COUNTY RECORDER 0. DV
NA
WHEN RECORDED RETURN TO: )
CITY CLERK )
CITY OF POWAY )
P. 0. BOX 789 )
POWAY CA 92074 )
(For Recorder's Use Only)
APN 314 - 194 -28
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
DONALD C. BOONE and MELANIE L. BOONE
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 Joshua Tree Court 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 of $8,125.00, which repre-
sents one fourth (1/4) of the total amount of the loan of $32,500.00 in connection
with the installation of improvements to Joshua Tree Court. 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:
6/J /LIEN -B
Principal Obligation Not to Exceed - 1600 $8,125.00
Interest Rate on Unpaid Balance - 5.0 % per annum
Number of Annual Equal Payments
of Principal Plus Accrued Interest - 10
(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 W TNESS WHEREOF the parties have executed this agreement this day of
1991, at Poway, California.
Property Owner:
By:
Donald C. B ne"-
By:
�.
Melanie L. oone
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
oldsmith. Mavor
ATTEST:
a jor' hlsten, y Clerk
6/J /LIEN -B2
0 EXHIBIT •'
1601
RECORDING REQUESTED BY
COMMOW"TH taro am mU - Co. 18 8 85- 243158
AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHER- '
WISE SHOWN BELOW. NAIL TAY STATEMENTS TO: _ 1 PAR
Mr. and Mrs. Donald Boone I = -� JUL -B F'r1 3 I1, 14419 Joshua Tree Lane Poway, CA 92064 COU!.1 Y i..t ; =; :;: I !
Title Order Igo. U892137 Escrow No. 50859
SPACE ABOVE THIS LINE FOR RECORDER'S USE
/--/— ---
GRANT DEED
.90
The undersigned declares that the documentary transfer tax is E .................. 1..6363................-..- ..- ......- ...- ................ and is
® computed on the full value of the interest or properly conveyed, or is
❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land,
tenements or realty is located in
0 unincorporated area El city of ............................... and
...................................... ...............................
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
j W. F. OLHAUSEN and DONA MARIE OLHAUSEN
hereby GRANT(S) to
— DONALD C. BOOK and MELANIE L. BOONS, husband and wife as Joint Tenants
the following described real property in the
county of San Diego state of California:
AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
June 28, 1985
OFFICIAL SEAL
THERESE A BOERS
NDTAAY PGBUC- CAUFC.iR�i
SAN DIEGO COVNTV
Mrcw ,— Me"AIA. 19e9
STATE OF CALIFORNIA
San Diego ss.
couNrY of _— 4
t On Itas Uro 5th day of '1111y
Notary Pudic in and for said County and State. personalty appeared
W. F. OLHAUSEN and
• DONA MARIE OLHAUSEN
._ . personally known
to me or proved to me on Vie basis of satisfactory evldenoe to be the
person S whore name S aS sc ibed to the wiWn instrument
and a tlia/Jt �Q�: the Same.
Signature of Notary
RECEIVED
MAY 1 5 1990
ENGINEERING SERVICES
OEPARTAENT
W. F. 0lhausen
✓ l�Jl if��%��LLLU t��c�t�..���
Dona Marie u1nausen
19 -8$, before me the undersigned, a
FOR NOTARY SEAL OR STAMP
C7' ItL SEAL
THE'_ A 6•�EFc k
NOIAR Y Py!CUC - CAIN
+'A�O:ECIO COJVTv
' 5 .' cew.n 19Ec
Assessor's Parcel No . .... ..... ..........................
–•TEI1EVTi TO PART) SHOUN 0 ul.IOi I >L IIN'F 'ARTI So SHO UN. MAIL I,SDIREITED �RI11F:
'�t,G /`tr1 -.•1 1dh�.. ,.1t. 6 Sul.
Page 1 of 2
Or.jer ,)o,. U- 392137
PARCEL A:
i 2602
EXHIBII"" A'
F'r`CEL 3 OF F'.4RCEL MAP 5966r FILED IN TriE OFFiCc
S;?�l DIEGO COUNTY► MAY 1i► 1977► ccl�G A DIVISIC-N
14 SOUTHY RANGE 2 WEST, SAKI E:EF:1'1:;r-%,(.1N,3 =ASE AND
PO»AYP COUNTY OF SAN DIEGO. STATE OF CALIFORNIA►
F'L AT THEREOF.
r';yR_EL E::
OF THE C*,-JUNTY ':'ECOR'CER OF
OF SECTION 12t TOWNSHIP
mEtRICIAiIr Irk THE CITY OF
ACCORDING TO OFFICIAL
EREEMENT AND RIGHT OF WAY FOR :F:i•:E' %HY PURFC SE3 "'. 0 FEET »ICE 0':ER,
u d�'� -rir ALO ?!G Ar►D NCnOJJ A = 'OnTICA �r 3cCTIOv 1C► T7' »i�r Hi i4 S�I�T i► F:r+'�vE
-�ES'T r ^r,H EEF:NA"0Ii40 E :A E M�' %D I. IAri ► I'1 T �E � CU`1 =F c � ?% C T__ ;u ►
STATE OFy CALIFORNIA ► ACCO= : ^I:JG T3 CFFICCAL F'LAT r:]Er T'-�E CENTER L"IE
_:EI:qG hCRE PARTICULARLY CESCFIEEC -CLL 1WS:
EGZ'.;�I ?�G AT THE SOUTHWEST CORINE^ CF T !E 43R 'H�l%EST OUr,;RTER OF -HE
�_RT'-!:EAST 0LlARTER OF SAID SECTION 12; T =
qENEftAL .ACKNOWLEDGMENT
1�
* State of. On this thea��tlay of 19 �%�, before me,
* ) *
* County of ) SS- t HYLLIS C 4 20L m t3NFUL
* the udersigned Notary Public, personnally appeared
*
* I�ONAL D C�.��DONE f}NO MC-7��i1Vie
pe
*
*
* proved to me on the basis of satisfactory evidence to *
* e the person(s) whose name(s) A e E subscribed to *
* OFFICIAL SEAL the within instrument, and acknowledged that 7-H,5,y
executed it.
NOTARY IPUBLIC - CALIFORNIA LIF WITNESS my hand and official seal.
SAN DIEGO COUNTY
My comm. expires NOV 29, 1991
*
*
*
* Notary' 10 Signature
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
PARTNERSHIP ACKNOWLEDGMENT
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* State of
On this the day of
19 _, before me,
*
)
*
* County of
) SS.
*
the udersigned Notary Public,
personnally appeared
*
*
*
*
F] personally known to me
*
*
proved to me on the basis
of satisfactory evidence
*
to be the person(s) who executed
the within instrument
*
on behalf of the partnership
and acknowledged to me that
*
the partnership executed it.
to me that the corporation*
*
WITNESS my hand and official
seal.
*
WITNESS my hand and official
seal.
*
*
*
*
*
Notary's Signature
*****************
* * * * * * * * * * * * * * * *
* * * * * * * * * * * * * **
CORPORATE ACKNOWLEDGMENT
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* State of
On this the day of
19 _, before me,
*
)
*
* County of
) SS.
*
the udersigned Notary Public,
personnally appeared
*
*
*
*
personally known to me
*
*
proved to me on the basis
of satisfactory evidence to
*
be the person(s) who executed
the within instrument as
*
or on
behalf of the corporation
*
therein named, and acknowledged
to me that the corporation*
*
executed it.
*
WITNESS my hand and official
seal.
*
*
*
*
*
Notary's Signature
*****************
* * * * * * * * * * * * * * * *
* * * * * * * * * * * * * **