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Lien Agreement for Public Improvements 1994-0558579 • • 5 2 3 2 — EA°-1994 08 : 13 AM • • OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE . RECORDING REQUESTED BY GREGORY tii Jili { 9 -1 N i n COR 4R rue' n ) .00 i LL•_a CITY OF POWAY ) • WHEN RECORDED RETURN TO: j CITY CLERK ) CITY OF POWAY ) \+ P.O. BOX 789 ) POWAY, CA 92074 ) (For Recorder's Use Only APN 323-270-38 LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS • THIS AGREEMENT entered into by and between the CITY OF POWAY, a municipal corporation of the State of California, sometimes hereinafter referred to as "City, " and • Mitchell C. Butcher and Chii Butcher, Husband and Wife, as Joint Tenants , sometimes hereinafter referred to as "Property Owner. " WHEREAS, Property Owner and City have agreed to the installation of . sewer improvements in the right of way of Golden Way 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 the public improvements has been determined to be in the public interest; and WHEREAS, the loan of monies to Property Owner required to install said improvements has been determined to be in the public .interest. NOW, THEREFORE, it is agreed between the parties hereto as follows: • • 4 52 Section 1 . City shall loan to Property Owner the sum equal to Property Owner's cost for the sewer improvements on Golden Way. 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: Principal Obligation Not to Exceed - $10,616.00 MG 4 c:15 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, executors, 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 construction 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. i • • 525 IN WITNESS WHEREOF the parties have executed .this agreement this /'`f (-� � day of Q ( 7 ( B , 1993, at Poway, ,California. Property Owner: BY: '60>i 0•1!L (signatures must be notarized) CITY OF POWAY, a Municipal Corporation . By: _. Don Higgin on, Pheet ATTEST: Marjorie . Wahlsten, City Clerk • • • • 9 - liens\GOLDWAY • • _,1 fi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • ' • No.5193 j State of ��` s_OPTIONAL SECTION t �= 1 5 26 • -:- • CAPACITY CLAIMED BY SIGNER 1 County of ,� 3 Though statute does not require the Notary to f fill in the data below, doing so may prove r r • • - invaluable to persons relying on the document. f • •jOn Lo`1 1• VI 3 before me W IL C i A-m E-• N '/ C. 14 INDIVIDUAL f DATE NAME- ,NOTARY PUBLIC" l . f _� `4���`� C • ❑CORPORATE OFFICER(S) 2 r personally appeared %k ►-zbl r✓d C'ti :1: Gl\, l CvA -- - 11 l NAME(S)OF SIGNER(S) TITLE(S) PARTNER(S) LIMITED 6 j0 personally known to me--OR- proved to me on the basis of satisfactory evidence ❑ ❑ r to be the person(s) whose name(s) rs/are El GENERAL f 6 - - subscribed to the within instrument and ac ❑ATTORNEY IN FACT 6 • knowledged to me that Ile/she/they executed ❑TRUSTEE(S)_ - f 1 _ the- same in -hic/ho-r/their authorized ❑ GUARDIAN/CONSERVATOR , 6 6 capacity(ies), and that by der/their . OTHER: 1 jsignature(s) on the instrument the person(s), f l - ; or the entity upon behalf of which the I • 1 ° e " " " _ — ' persons)acted, executed the instrument. t r 'wliuAM E.NEIL . SIGNER IS REPRESENTING: - 1 f1 COMM.#1003079 WITNE S my hand and official seal.- NAME OF PERSON(S)OR ENTITY(IES) - 1 , z .Notary Public—California y ? .o SAN DIEGO COUNTY J _ f_ fi My Comm Expires AUG 25 1997 r ya. t SIGNATUR F NOTARY J 0 OPTIONAL SECTION n 1 j --f THIS CERTIFICATE MUST BE ATTACHED TO. TITLE OR TYPE OF DOCUMENTL.1 e-es l4 SC r,sVMa- -ar �YMJb�l0�Lvh i'c•t��rnQ. 4f -THE DOCUMENT DESCRIBED AT RIGHT: — / ` -4,....' 6 NUMBER OF PAGES 1— t- ./ ,e- DATE OF DOCUMENT 1 cam, 1`-k.1�3 l • f Though the data requested here is not required bylaw; . 6 '.Y'f it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE +v )"1�� f i. ©1993 NATIONAL NOTARY ASSOCIATION,8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 4 527 EXHIBIT "A" PARCEL 1: THE SOUTHERLY 128.60 FEET OF THE NORTHERLY 1058.80 FEET OF THAT PORTION OF THE PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876 LYING EASTERLY OF A LINE • DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER DISTANT THEREON 338.85 FEET WESTERLY OF THE NORTHEAST CORNER OFYSAID SOUTHWEST QUARTER, BEING A POINT HEREIN DESIGNATED AS POINT "A"; THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT ON THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER DISTANT THEREON 338.75 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, BEING A POINT HEREIN DESIGNATED AS POINT "B" . EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED BOUNDARY LINES: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHERLY 994.50 FEET OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 245.00 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE A DISTANCE OF 27.00 FEET TO THE NORTHEAST CORNER OF THE SOUTHERLY 54.00 FEET OF THE WESTERLY 70.00 FEET OF LAND FIRST HEREINABOVE DESCRIBED; THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER TO THE WESTERLY LINE OF LAND FIRST HEREINABOVE DESCRIBED.