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Lien Agreement for Public Improvements 1994-0031701 • 4110 DUC # 1994-0031 7 1 RECORDING REQUESTED BY: ) 14—JAH-1994 11109 AM CITY OF POWAY ) q OFFICIAL RECORDS WHEN RECORDED RETURN TO: ) 12 8 k SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER CITY CLERK ) FEES: 0.00 CITY OF POWAY ) P. O. BOX 789 ) POWAY, CA 92074 ) (For Recorder's Use Only) APN 317-251-06 Doc. Tax Fee -0- Ly NE 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 PETER P. ALLOS AND DORIS K. ALLOS LIVING TRUST 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 Creek Road and Stage Stop Drive 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 replay 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 improvements 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 Creek Road/Stage Stop Drive 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: Principal Obligation Not to Exceed - $3,477.15 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) dJ 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. IN WITNESS WHEREOF the parties have executed this agreement this I. day of YY1n , 1993, at Poway, California. Pro Ow : Peter P. Allos Doris K. Allos `` (signatures must be notarized) CITY OF POWAY, a Municipal Corporation By: -_ Dav1- Don Higgin Mayor ATTEST: MarjorieWahlsten, City Clerk c:\liens\creek.wlm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 �ti-`\-\'`1ti\-`-`1"\ti 111'�1'\1\\-�'�1\1ti1'"ti1',lti1ti'\\'`\"\1 1111.`1 1-�1\1111'`ti"\1' 'A�111% N\'\1'\'X11`L1'`'ti'ti-`'�'`ti'�'`1\'`1'\11� r 2 b --OPTIONAL SECTION t 1 State of / / �' CAPACITY CLAIMED BY SIGNER County O A. Though statute does not require the Notary to 1 / fill in the data below, doing so may prove / r • / invaluable to persons relying on the document. On -7�- before me / ' �-.- MC �- .: , ❑ INDIVIDUAL j r DATE NAME,TITLE•F F CER-E.G.,"JA E DOE,NOTARY PU' IC" r �_x / �� � � � ❑CORPORATE OFFICER(S) f personally appeared NAME(S)OF SIGNER(S) TITLE(S) PARTNER(S) LIMITED r R- proved to me on the basis of satisfactory evidence ❑ ❑ to be the person() whose name is re ❑ GENERAL r subscribed to the within instrument and ac ❑ATTORNEY-IN-FACT rknowledged to me that he/sh- f executed ❑TRUSTEE(S) j ` the same in his/her/ authorized r r �� ❑ GUARDIAN/CONSERVATOR r 1 capacity,', and that by his/her/ eir OTHER: r 1 signatur:t .n the instrument the perso �I® ❑ OFFICIAL SEAL or the entity upon behalf of which the / Sf�.....ltiF j ? MARIE LOFTON ■ perso s) acted, executed the instrument. r r yt * Notary Public-California I i :",--. ",a; SAN DIEGO COUNTY SIGNER IS REPRESENTING: /, 1 .. R Commission Expires NAME OF PERSON(S)OR ENTITY(IES) r April 26•1994 WITNESS my hand and official seal. f /? ' - - - - - - - — Vila-A-Ze CY,a_ith-frc 9 r SIGNATURE OF NOTARY r fOPTIONAL SECTION , . _ r THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTc -C 1./Cfy - 3i 7 as /-e6 THE DOCUMENT DESCRIBED AT RIGHT: S� - /3_l! r NUMBER OF PAGE DATE OF DOCUMENT r Though the data requested here is not required by law, `� it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE /1�/2 P 1 1.111 1.11 1.1.\1-•\'\1.'\.\'11.1.1.111.1.\1t11't\1'`'\111'\1111-\11111\'111111-�1t-..1111 1\1111111'1` 111..1.11`1\'�-111.111'`1.\':•.. ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 i . 0 0 1287 EXHIBIT "A" 317-251-06 ALL THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23; THENCE NORTH 89°42' EAST ALONG THE SOUTH LINE OF SAID SECTION, 1457.62 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF MISSION ROAD 1A (40 FEET WIDE), ACCORDING TO THE MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE NORTH 41°35' WEST ALONG SAID NORTHEASTERLY LINE, 260.19 FEET; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE AS FOLLOWS: NORTH 41°35' WEST, 400.91 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 520 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, 121.61 FEET; THENCE TANGENT TO SAID CURVE NORTH 54°49' WEST, 168.04 FEET TO THE MOST SOUTHERLY CORNER OF A PARCEL OF LAND CONVEYED TO A. Z. DEAN BY DEED DATED AUGUST 13, 1925 AND RECORDED IN BOOK 1149, PAGE 231 OF DEEDS; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LAND AS FOLLOWS: NORTH 44°15'16" EAST, 116.77 FEET; THENCE SOUTH 46°00' EAST, 90.00 FEET; TO THE TRUE POINT OF BEGINNING; THENCE NORTH 38°05'54"; EAST, 108.47 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 38°49' EAST, 86.84 FEET; THENCE SOUTH 21°27' 15" WEST, 154.42'; THENCE NORTH 46° WEST TO THE TRUE POINT OF BEGINNING. c:\wp51\allos6.apn •