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Lien Agreement for Public Improvements 1994-0031786r. M • ' 9 4 1 i3 i (86 {� 114 JAH-1 94 11 : 20 AM RECORDING REQUESTED BY: ) OFFICIAL RECORDS ) SAN DIEGO COUNTY RECORDER'S OFFICE CITY OF POWAY ) ANNETTE EVANS, COUNTY RECORDER WHEN RECORDED RETURN TO: ) FEES 0.00 CITY CLERK ) CITY OF POWAY ) P. O. BOX 789 ) POWAY, CA 92074 ) (For Recorder's Use Only) APN 320-020-19 Doc. Tax Fee -0- Fe 1t) CoA) tSF 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 HERMAN and PENELOPE F. HAMMERSTEAD 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 - $5,489.50 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) 410411 40410 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 3‘!, day of 1993, at Poway, California. Property Owner: Herm. 7 lead P-nelope . Hammerstead (signatures must be notarized) CITY POWAY, a Mu icipal Corporation By: Don Higgi s Mayor ATTEST: 71J „ Marjor e . Wahlsten, City Clerk c:\Iiens\hamerstd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 1��� 1 ti�1 ti ti�� ti ti t�1������1��1���titi�tititi����1ti�� �� ti 1 ti�ti 1 jf OPTIONAL SECTION State of /A / r (� OIfC (� 14 :B, CAPACITY CLAIMED BY SIGNER 1 County of Though statute does not require the Notary to 1 fill in the data below, doing so may prove f invaluable to persons relying on the document. t 1 O before me, 'Celli.- r , , NDIVIDUAL DATE NAME,TITLE OF OF/FER-E.G.,"JANE((DOE,NOTARY PUBLIC" , ❑CORPORATE OFFICER(S)l personally appeared H er pifi ti and P-em eloae F 1-ia )llxcf-)f-e4d , 1 / NAME(S)O SIGNER(S) TITLE(S) 0 R - roved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED 6 (( GENERAL 4 to be the person,whose name(-+lore ❑ 1 6 subscribed to the within instrument and ac ❑ATTORNEY-IN FACT fknowledged to me that-+hef's#iefthey executed ❑TRUSTEE(S) the same in hi�hcr/their authorized GUARDIAN/CONSERVATOR f f 0 capacity ies , and that by laic/l cr/their 9OTHER: 1 signature ) on the instrument the person, f 1• or the entity upon behalf of which the f w person(s) acted, executed the instrument. 1 0 A sl ,; � ' SIGNER IS REPRESENTING: 0 ( ;-ft- _ `;.; Notary Phb!c—California NAME OF PERSON(S)OR ENTITY(IES) 1 r i_': `' SAN DIEGO COUNTY WITNESS my hand and official seal f f ,x:: . My Comm.Expires DEC 05,1995 r( f , T �T — f , 0 CO,L Ler 6-til r/ 1 SIGNATURE OY I 1 O PTIONAL O ///7 THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT nal 4 yie z7l )( ' k ll? h(gti l 5 f 6 THE DOCUMENT DESCRIBED AT RIGHT: f /NUMBER OF PAGES `3 DATE OF DOCUMENT 9 • 6 Though the data requested here is not required by law, 1 it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE 0 1�1�-..^. ti�ti�1�-..�1��-•.ti��-���-.. ��\titi��.\�-�-�-�-�-��11-`-�1-`1-��1�-�1�-.titi--.. -.-..titi��- -. ti-`-��`���11�ti1�-���^ti�-`��-���- ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 •1 •• EXHIBIT "A" 1/7r • 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 Nove�r 19, 1880, described as follows: : Beginning at the Northwest Corner of the Southwest Quarter Of said North- east 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 High- way Commission Route 3 , Division 2, according to plat thereof on file in the Office of the County Surveyor of said County; thence along said center line South 42°12' 07" East 96.02 feet to the TRUE POINT. OF BEGINNING; thence retracing North 42°12 ' 07"' West 96.02 feet; thence South 47°47' 53" West -432.46 feet and South 34°15' 07" West 30.00 feet to the center line ' of the public highway known as Mission. Road 1-A, said Highway was established and travelled on may 24, 1956; thence Southeasterly 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,more or less, to the TRUE POINT OF BEGINNING. • APN 320-020-19 • • • • •