Lien Agreement for Public Improvements 1994-0031784 DOPit_1994-0031784
1 JAS 1994 11 :20 AM
RECORDING REQUESTED BY: )
OFFICIAL RECORDS
CITY OF POWAY ) SAN DIEGO COUNTY RECORDER'S OFFICE
) ANNETTE EUANS, COUNTY RECORDER
WHEN RECORDED RETURN TO: )
) 14 FEES: 0.00
GU
CITY CLERK )
CITY OF POWAY )
P. O. BOX 789 )
POWAY, CA 92074 ) (For Recorder's Use Only) ilk
1
APN 320-020-18 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 GEORGE S. C. WU AND HELEN M. H. WU 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 - $3,302.63
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)
• � • •
I/U��
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 ,,72.-O tk,/
day of )4"/ , 1993, at Poway, California.
:: rtYA ,c ope � ��ir
'IL M. H. Wu (�
APP— d
George j . Wu
(signatures must be notarized)
.• CITY OF POWAY, a Municipal Corporation
By:
Don Higginsorl, ayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
c:\liens\creek.wlm
I/4
State of ('.al i f orn i a CAPACITY CLAIMED BY SIGNER
County of San Diego 1 4 U ti Kg INDIVIDUAL(S)
1. ❑ CORPORATE
On • 05-20-93 before me, YUAN SHEN "NOTARY PUBLIC" OFFICER(S)
DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' TITLE(S)
❑ PARTNER(S)
personally appeared ******* GEORGE S. C. WU & HELEN M.H. WU*********** ❑ ATTORNEY-IN-FACT
NAME(S)OF SIGNER(S) ❑ TRUSTEE(S)
❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence
0 SUBSCRIBING WITNESS
to be the person(s) whose name(s) Ysllare
subscribed to the within instrument and ac- ❑ GUARDIAN/CONSERVATOR
knowledged to me that > 3they executed ❑ OTHER:
"' a " ' • -- " - - the same in K i their authorized
,, OFFICIAL NOTARY SEAL
■ capacity(ies), and that by ThIrtiatilatheir
YUAN SHEN
Notary Public—California signature(s) on the instrument the person(s),
•,r '"Ar SAN DIEGO COUNTY f
`- Comm. , or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING:
,./ My C Expires SEP 23,1994 acted, executed the instrument. NAME OF PERSON(S)OR ENTITY(IES)
Witness my hand and official se. .
W _.' ./ -
SIGNATURE OF NOTARY
ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
MUST BE ATTACHED TO THE DOCUMENT Number of Pages 02 Date of Document 05-20-93
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
• • • • •
x463
• Exhibit "A"
THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER. OF THE SOUTHWEST QUARTER OF SAID
NORTHEAST QUARTER OF SECTION 26; THENCE NORTH 89'28'27" EAST ALONG THE
NORTH LINE THEREOF TO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS COUNTY
HIGHWAY COMMISSION ROUTE 3, DIVISION 2, ACCORDING TO PLAT THEREOF ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE ALONG
SAID CENTER LINE SOUTH 42'12'07" EAST 96.02 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 42'12'07" EAST 242.88 FEET; THENCE
SOUTH 47'47'53" WEST TO THE CENTER LINE OF THE PUBLIC HIGHWAY KNOWN AS
MISSION ROAD 1-A AS SAID HIGHWAY WAS ESTABLISHED AND TRAVELLED ON MAY 24 ,
1956; THENCE NORTHWESTERLY ALONG SAID CENTER LINE TO A LINE WHICH BEARS
SOUTH 47'47'53" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH
47'47'53" EAST 449.39 FEET TO THE TRUE POINT OF BEGINNING.
320-020-18
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