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Lien Agreement for Public Improvements 1994-0558576 11111 506 2_1994- 08 : 10 Al � - sEP RECORDING REQUESTED BY: ) l-MINT& ) � SAS DIEGO S OFFICE CITY OF POWAY ) ' GREGORY SMITH, COUN°Y RECORDER ) FEES: 0.00 WHEN RECORDED RETURN TO: ) CITY CLERK ) CITY OF POWAY ) P. O. BOX 789 POWAY, CA 92074 ) (For Recorder's Use Only) APN 317-251-12 Doc. Tax Fee -0- 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 JAMES AND MYRNA J. DAHL 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 - $6,371.00 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) 411. # 507 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`-'WiT SS W EOF the parties have executed this agreement this day of , 1993, at Poway, California. Pro.-rty Owner: /\ n By James D 1 l Myrna . Dahl (signatures must be notarized) CITY OF POWAY, a Municipal Corporation By: -- Don Higgins•n ` ayor PA ATTEST: 4 . Marjorie Wahlsten, City Clerk Ar c:\liens\creek.wlm t\)\ 1■Ir\ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 1 State of cam, OPTIONAL SECTION 2/ f � � j 8 CAPACITY CLAIMED IBY SIGNER County of 1 1. fill in the data below, doing so may prove • 6 invaluable to persons relying on the document. f INDIVIDUAL• f On s"/2 ' 3 before me, , , ' ' `%--- Lam_ . , f f DATE NAME,TITLE OF OFFI 'R-E.G.,"JAN- 10E,N ARY PU' IC' 0 7a-irtz-0 El CORPORATE OFFICER(S) 1 f, personally appeared 0/ 0 0 NA )OF SIGNER(S) TITLE(S) 0 (p -8-personally lc,rOvvrrtu me-OR- 5eproved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED (j 6 to be the person whose names is() ❑ GENERAL 0 subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT 0 4 knowledged to me that 14&s#1e alt executed ❑TRUSTEE(S) 0 //:' the same in - their authorized ❑GUARDIAN/CONSERVATOR capacity, , and that by hi379f2T41.12) OTHER: f V, signatur_t�on the instrument the perso l@ f f �-- - - - - - or the entity upon behalf of which the 0 0.k ,,• OFFICIAL SEAL 0 p MARIE LOFTON ' person]acted, executed the instrument. f °.:-.-_.--4141r=,.. Notary PublIc•CalIfornia SIGNER IS REPRESENTING: l I FraD'��3= SAN DIEGO COUMY f i 0 NAME OF PERSON(S)OR ENTITY(IES) Commission Expires WITNESS my hand and official seal. 6 Aprn 6 0 SIGNATURE OF OTARY 1 OPTIONAL SECTIO oTHIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT --[-F�1G' r fTHE DOCUMENT DESCRIBED AT RIGHT: GG f NUMBER OF PAGES DATE OF DOCUMENT�-1/42-/- 6 f Though the data requested here is not required by law, 1 f it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVB -—_ f f��`-•-.-. -.--'.ti.-s-.ti�ti��'N-. —1�-•-..-.�ti�'. N--. -�ti�titi1�'.1-`titi�ti1�_--ti����-`��.ti���'.--ti'.ti--ti�.�_-,ti»-.ti'�ti—t'.'`�����_--1-,z:.- ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 010 EXHIBIT A 509 That portion of the Southwest Quarter of Section 23, Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United State Government Survey approved September 11, 1879, described as follows: Connecting at Engineers Station 333 plus 01 .65 on the center line of Mission Road 1-A as said road is shown on sheet 13 County Highway Commission Map thereof on filed in the office of the County Surveyor of San Diego County; thence North 47° 31 ' 00" East, 20.00 feet in the Northwesterly line of said Mission Road 1-A, being the TRUE POINT OF BEGINNING; thence Northeasterly along 730.00 feet radius curve concave Northwesterly in the Northeasterly line of said road, a distance of 157.2 to the Southwesterly corner of the land described in Deed to Belle Robertson, recorded July 11 , 1938 in Book 796, page 401, of Official Records; thence South 42° 34' 47" East along the Southerly line of said land a distance of 403.90 feet; thence South 38° 49' 00" East, 422.54 feet; thence South 60° 31' 00" East, 217.40 feet to the beginning a tangent 35.82 feet radius curve concave Northeasterly; thence Southeasterly, Easterly, Northeasterly and Northerly along said curb 90.35 feet through an Easterly, Northeasterly and through an angle of 144° 32' 13" thence tangent to aid curve North 28° 03' 13" West, 200.00 feet; thence North 24° 33'52" West 181.82 feet to the Southwesterly corner of said Robertson' s land; thence South 42° 34' 47" East 63.44 to a point in the Westerly boundary of the land described in Deed to Dorothy 0. Cramer, recorded June 21, 1956, in Book 6150, page 349 of Official Records; thence along the boundary of said Cramer' s land as follows: South 24° 33' 32" East 190.00 more or less to an angle point therein; thence South 28° 03' 52" East 199.79 feet to the beginning of a tangent 85.82 feet radius curve concave Westerly; thence Southerly, Southwesterly and Westerly along the arc of said curve 216.36 feet; thence tangent to said curve North 50° 31 ' 00" West, 227.07 feet; thence North 38° 49' 00" West, 336.84 feet to beginning of a 175.000 feet radius curve concave Southwesterly; thence Northwesterly and Westerly along said curve 133.67 feet, thence North 82° 34' 7" West, 241.09 feet to the beginning of a tangent 35.92 foot radius curve concave Southeasterly; thence Westerly, Southwesterly, Southerly and Southeasterly along said curve 37.72 feet to the TRUE POINT OF BEGINNING.