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Lien Agreement for Public Improvements 1991-0243418. A 0 RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED RETURN TO: CITY CLERK CITY OF POWAY P. 0. BOX 789 POWAY CA 92074 APN 314 - 194 -25 15 8 A 0: 1991-0243418 223 —MAY -1991 08 =7 AN vAt DIEGO COUNTY RECORDER'E OFFICE ANNETTE EVANE, COUNTY RECORDER EE '�. FE ' NA For Recorder's Use Onl 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 RAMA N. P. SINGH and NIRMALA SINGH 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 -S Principal Obligation Not to Exceed - $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 WITNESS WHEREOF the parties have executed this agreement this day of 1991, at Poway, California. Property 0 ner: p By: A- I� Rama N. P. Singh ci By: 1�i.�fsn Nirmala Singh (signatures must be notarized) CITY OF POWAY, a Municipal�Corporation By: oldsmith, Mayor ATTEST: ye,w� 46ez� Ma jopf6/K.fWahTsten, Pity Clerk 6/J /LIEN -S2 0 9 31VIDUAL ACKNOWLEDGMENT • /✓lI✓.1.1. . . /. �I✓l. /✓l✓. /. . / l✓✓✓ llJ✓✓l. . . /. . /I. . . /Yl. /l. /ll. /!l. . . �,1. . . /✓J.1.1. . . / lI✓llf. / '1.1.1.1. . . /!l. State of On this th6c_57M7day of the undersigned Notary Public, personally appeared `� ,adruv • • 19_�_7/, before me, IV proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 42>tp bscribed to the within instrument, and acknowledged that — executed it. WITNESS my hand and official seal. Notary's Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attanhment of THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Docume zcc.� Number of Pag s Date of Document ?`� — `Fl Signer(s) Other Than Named document. No. 201 7100-010 © NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 -Canoga Park, CA 91304 -7184 • E X H I B I T "A" TITLE OIMEn NO. 103639 -02 RECORDING REQrE C � ON14(�NIAI -2 THLE AFTER RECORDING MAIL TO Rama N. P. Singh Nirmala Singh 14416 Joshua Tree Court 2319 1590 X581358 1OFFICIAL RECORDS 0FSAN Duo COUNTY, CA. 1986 DEC 12 AM LC '01ERA L' LYLE UNIX RECDRDER SPACE ABOVE FOR RECORDER'S USE ONLY The undersigned grantor(s) declare(s): Documentary transfer tax is $ 136.40 ( X ) computed on full value of property conveyed, or ( ) co ted on full value of liens and encumbrances remaining at time of sale. ( ) Un rporated area: ( X) City of Pnway .- ,�r�%��i.t�.ILt.�J Grant Deed I 71X PARCEL N0.314- 194 -25 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged NORMAN J. BROWAREK, JR. AND NADIRA RAHMANI, husband and wife hereby GRANT(S) to RAMA N. P. SINGH AND NIRMALA SINGH, husband and wife as Joint Tenants the following described real property in the City of Poway County of San Diego , State of California: Parcel 1 of Parcel Map No. 5966, filed in the Office of the County Recorder of San Diego County,•Map 19, 1977; as more particularly described in the legal description attached hereto and made a part hereof, consisting of one page. Dated _November 4, 1986 STATE OF CALIFORNIA COUNTY OF San n; egn } SS. On Na .ember 71 1986, before me, the under- signed, a Notary Public in and for said County and State personally appeared N T Rrnwnrplr i Tr. d V-1 Rah .. { * * * * * * known to me to be the person Q whose name s are subscribed to the within instrument that Fhey executed the same. / .r1 n _ ".41_ "' y Name (Typed or Printed) Notary Public in and for said County and State RECEIVED MAY 1 S 1990 ENGINEE.- NG SERVICES DEPARTMENT Norma J. Browarek, J Nadira Rahmani FOR NOTARY SEAL OR STAMP SM AINA TURNER NOTARY PU8L C • CAIRONM PRINCIPAL OFFICE M SAN DIEGO COLNny o Mt CORY Inm Eap. IN/ 21, in, MAIL TAX j STATEMENTS TO Rama N_. P. Sinah and Ni rma T A Sigh 1 dd1 F ti / n„rr Name Street Ea 9 city y State zip Page 170-T 2 ACHEDULE A OR PAGE N0. 2 NO. 103639 -02 . r LEGAL DESCRIPTIO14 PARCEL A: PARCEL 1 OF PARCEL MAP NO. 5966, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 199 1977, BEING A DIVISION OF SECTION 12, TO °WNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF. PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR DRIVEWAY PURPOSES 13.50 FEET WIDE, OVER, UNDER, ALONG AND ACROSS A PORTION OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, THE EASTERLY LINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 12; THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 89 043115" EAST 666.50 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED UNDER PARCEL 1 OF DEED TO FRED BION IRWIN, JR., ET UX, RECORDED NOVEMBER 29, 1974 AS FILE NO. 74- 313296 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY '_INE THEREOF NORTH 0 °26'00" WEST 280.00 FEET TO THE NORTHERLY TERMINUS OF THE HEREIN DESCRIBED CENTER LINE. EXCEPTING THEREFROM THAT PORTION LYING WITHIO SAID PARCEL 1 ABOVE. PARCEi_ C: AN EASEMENT AND RIGHT OF WAY FOR PRIVATE ROAD AND PUBLIC UTILITIES AS SHO,4N AND DELINEATED ON PARCELS 2, 3 AND. 4 OF PARCEL MAP NO. 5966 AS "PROPOSED ROAD EASEMENT." .-a Page 2 of 2