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Lien Agreement for Public Improvements 1994-0031787 RECORDING REQUESTED BY: ) u 1994 0031787 14-JAH--1994 11 :20 AM CITY OF POWAY ) WHEN RECORDED RETURN TO: ) OFFICIAL RECORDS j 4 7 ti SAN DIEGO COUNTY RECORDER'S OFFICE CITY CLERK ) ANNETTE EVANS, COUNTY RECORDER CITY OF POWAY ) FEES: 0.00 P. O. BOX 789 ) _ _ POWAY, CA 92074 ) (For Recorder's Use Only) Fg yp i1( APN 320-020-27 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 ROBERT AND HERMANDINA HEIMPEL 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 - $1,639.50 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) IMO 1.0 I4 73 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 ESS WHEREOF the parties have executed this agreement this 0�{ day of i2/ d -1 , 1993, at Poway, California. Property Owner: By: c Ro ert eimpel Hermandina He mp (signatures must be notarized) CITY OF POWAY, a Municipal Corporation By: Don Higginson, or ATTEST: ha lUtt Marjorie K. Wahlsten, City Clerk c:\liens\creek.wlm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 1 State of Art_...,!l ze_ OPTIONAL SECTION 1 4 i ,I CAPACITY CLAIMED BY SIGNER IIt f) County •- -� 1 Though statute does not require the Notary to /} o / fill in the data below, doing so may prove 1 I � invaluable to persons relying on the document. f f �-- /� '. /� --9 ' �, i��s ❑ INDIVIDUAL 4• j On before me, 0 DATE NAME,TITLE OF OF CER-E.G.," 'NE DOE,NOTA• •UBLIC' 0 ❑CORPORATE OFFICER(S) 1 personally appeared NAME(S)OF SIGNER(/)eLi � I���i� TITLE(S) f J R -proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED 0 1 to be the persor )whose name is re ❑ GENERAL 0 fsubscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT f r, knowledged to me that he/shet9executed ❑TRUSTEE(S) r' the same 'n his/heap authorized ❑GUARDIAN/CONSERVATOR 0 fcapacit .i', and tha •y his/h or OTHER: 1, _ _ _ _ signatur:, on the instrument the pers•,�b 0 or the entity upon behalf of which t e f �•«� �•• OFFICIAL SEAL 1 o 1 4• MARIE LOFTON perso s acted, executed the instrument. .�Y"- 115 R Notary Public-California ~J , SIGNER IS REPRESENTING: 1 f1 '° ° a° SAN DIEGO COUNTY NAME OF PERSON(S)OR ENTITY(IES) `4 i MyCerl,nission Expires WITNESS my hand and official seal. 0 4 _ , Apr;;2 '1994 a S f � y C/ f) 0 SIGNATURE OF NOTARY 1 0 OPTIONAL SECTION . 0 PTHIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUME , it �42�,�/��� 300-1, 0-o7 0 f THE DOCUMENT DESCRIBED AT RIGHT: ' �/ 1 r NUMBER OF PAGES _" DATE OF DOCUMENT •- /7`-...3 0/ f Though the data requested here is not required by law, I f it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE 0 1�\ 11 1'^.-, y-11' 11• -' \' .1- �111"�til-`--'�\-�-`\'�111`ti' 11' �1\' 1�,.`'�ti11--'\".\ 1'�ti-\l'�1ti111�\�:.� ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 110 ICJ EXHIBIT "A" 320-020-27 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 United States Government Survey, described as follows: Commencing at the North Quarter corner of said Section 26; thence along the North-South center line of said Section 26, South 00°40'23" East, 729.23 feet to the center line of Creek Road as shown on Record of Survey Map No. 5924, filed in the office of the County Recorder of San Diego County, August 7, 1961; thence along said center line South 65°16'07" East, 23.85 feet to the beginning of a tangent 573.51 foot radius curve therein; thence Southeasterly along the arc of said curve through a central angle of 23°04'00" a distance of 230.89 feet; thence tangent to said curve South 42°12'07" East, 784.27 feet to the TRUE POINT OF BEGINNING; thence North 47°47'53" East, 30.00 feet to the Northeasterly line of said Creek Road; thence North 89 41'24" East, 540.70 feet to the Easterly line of the Northwest Quarter of the Northeast Quarter of said Section 29; thence along said Easterly line South 00°31'02" East, 943.33 feet to the Northerly line of the land described in Lis Pendens in Case No. 162, District Court of the United States, in and for the Southern District of California, Southern Division, recorded April 14, 1942 as Document No. 21219 in Book 1328, Page 475 of Official Records; thence along said Northerly line North 72°32' 11" West, 56.52 feet to the center line of said Creek Road; thence along said center line as follows: North 01°44'29" West, 267.02 feet to the beginning of a tangent 200.00 foot radius curve concave Southwesterly; Northwesterly along the arc of said curve through a central angle of 40°27'38" a distance of 141.23 feet; and tangent to said curve North 42°12'07" West, 681 .24 feet to the TRUE POINT OF BEGINNING.