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Lien Agreement for Public Improvements 1994-0031707 m 1994-003170? 1308 14-,BAH-1994 11 : 09 AM RECORDING REQUESTED BY: ) OFFICIAL RECORDS CITY OF POWAY ) SAN DIEGO COUNTY RECORDER'S OFFICE ) ANNETTE EVANS, COUNTY RECORDER WHEN RECORDED RETURN TO: FEES IOC ) CITY CLERK ) CITY OF POWAY ) P. O. BOX 789 ) POWAY, CA 92074 ) (For Recorder's Use Only) yf CIX) N APN 317-251-25 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 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 - $3,477.14 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) • • • 1309 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 W NE S WHEREOF the parties have executed this agreement this /a day of , 1993, at Poway, California. Pro w er• • By. Peter P. Allos Doris K. Allos (signatures must be notarized) CITY OF POWAY, a Municipal Corporation By: 7- 4_ Don Higginson yor ATTEST: r h 7v -t_ Marjori . Wahlsten, City Clerk c:\liens\creek.wlm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 1-�1\"`-`1\\�.. "`1\-'`'`1'X111\1'�1' ti\'�ti 1'�1-\\1-\Z' 1'\-`\'�1\1'1'`'`'�'`'\'�1\'\1"`111'\'�'�1'\'\-\'111'\- "`ti'�l-,-9- X1111-'�1-ti 11'�1�-\" /1) , State of a .•_.1.�� OPTIONAL SECTION t 131 CAPACITY CLAIMED BY SIGNER 1 t County o _ i A.:_,,,,,- Though statute does not require the Notary to t f / fill in the data below, doing so may prove r 4 • invaluable to persons relying on the document. jOn`-. 1--'/-8' 9-3 before me,V-CX11,-.c-e- �� ❑ INDIVIDUAL f f DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PU C' f /J � 0 CORPORATE OFFICER(S) 6 V personally appeared /y ) NAME(S)OF SIGNER(S) TITLE(S) -OR proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED j f - fto be the persons whose namE is ❑ GENERAL 6 6 subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT 6 41 knowledged to me that he/shen)executed ❑TRUSTEE(S) r 4 the same in his/her/their authorized ❑ GUARDIAN/CONSERVATOR t zi capacit . -s and that by his/her ❑OTHER: f OFFICIAL SEAL •, signatur',E-i)•n the instrument the perso� •E. "` or the entity u on behalf of which the j °: MARIE LOFTON Y upon ��-'�p: Notary Public-California perso 4 :cted, executed the instrument. 6 a. SAN DIEGO COUNTY SIGNER IS REPRESENTING: /1�, 6 Q± .. My Commission Expires NAME OF PERSON(S)OR ENTITY(IES) 6 f :,.o..•:. Apr1126,1994 WITNESS my hand and official seal. 6 0 filialt-t.-C CVA-11-tPC. ( SIGNATURE OF NOTARY 6 6 SECTION - / THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMEN •-C.Pi/� 3/7-,V5/-'...95.--- -,V5� `J f X THE DOCUMENT DESCRIBED AT RIGHT: 3 _ /3— 4 fNUMBER OF PAGES DATE OF DOCUMENT ..5 !f 3 f f Though the data requested here is not required by law, 6 1 it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE 6 1..1`111111'`1'\\ti' 1'`1' �11'`11ti'�-.11\1\'�1\t'\�..'\'\111\\--'�1'�T\11ti�11111- ,. 1111 11- ti ti-\11111�\\-�1---'`ti1'�ti-�:'. ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 , • • . . • •• tat EXHIBIT "A" 317-251-25 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, 60.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID CURVE 60.81 FEET; THENCE TANGENT TO SAID CURVE NORTH 54°49' WEST, 74.29 FEET; THENCE NORTH 42°50' 31" EAST, 102.15'; THENCE SOUTH 46°EAST 120'; THENCE SOUTH 33°20'14" WEST TO THE TRUE POINT OF BEGINNING. c:\wp51\allos5.apn I