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Lien Agreement for Public Improvements 1994-0031979 . l N S. JUL F � L� � RECORDING REQUESTED BY: ) 14-JAN-1994 11 :34 A i CITY OF POWAY ) OFFICIAL RECORDS WHEN RECORDED RETURN TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER CITY CLERK ) FEES: 0.00 CITY OF POWAY ) P. 0. BOX 789 ) POWAY, CA 92074 ) (For Recorder's Use Only) APN 320-020-32 Doc. Tax Fee -0- u ctlp cod � / LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS J r 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 JAVIER AND PHYLLIS MERINO 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 - $5,469.50 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) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 �titititititititititi�s'ti,2;-`�ti��11ti-�-�-�ti�ti �ti- "ti-��1��-.-`-`ti�-.��-��ti1-. . .- -- -- --- - OPTIONAL SECTION f CAPACITY CLAIMED BY SIGNER r County O `Cv Though statute does not require the Notary to 1 1 fill in the data below, doing so may prove r f • ' invaluable to persons relying on the document. �_//`f — ,/ / % ❑ INDIVIDUAL I On before me, 1 DATE NAME,TITLE OF FICER- .G.,"JANE DO OTARY PUBLIC" r r l'// p ❑CORPORATE OFFICER(S) 1 personally appeare �—c c O -- 0 NAME(S)O IGNER(S) TITLE(S) / 1 proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED l fr to be the persorj)whose name C� ❑ GENERAL f subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT o fknowledged to me that hefsie4V-xecuted ❑TRUSTEE(S) f fthe same in •- - AV authorized ❑ GUARDIAN/CONSERVATOR f 1 capacit 4 , and that by '- -Aid 1 signaturel�on the instrument the perso ❑OTHER: 1 t � .•,.0•..t OFFICIAL SEAL or the entity upon behalf of which the f • MARIE LOFTON ■ person@ acted, executed the instrument. r r W:. R 1 f , Notary Public-California .'°�'!tea SAN DIEGO COUNTY SIGNER IS REPRESENTING: /0///' t ( � NAME OF PERSON(S)OR ENTITY(IES) f `.*, My Commission Expires WITNESS my hand and official seal. r.4 • ! t r SIGNATURE OF NOTARY 1 f ' OPTIONAL SECTION f 0 THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT yti(�Cl�^ l_k.Yl��-7 0-��e,-.30: fTHE DOCUMENT DESCRIBED AT RIGHT: (/ //// NUMBER OF PAGES DATE OF DOCUMENT-6 -/'9- 7 6 rThough the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE.�7.,9--!C 1`1"-",111'.1`tit-\"�'\1T\tit. 1\ �-` ti1'\'. �1^L�\- 1'.�ti11ti-` ti-s\l1 ti\'..�`' 1... 1 ti'�--.ti'�1\-�-,�'`'`1�. ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • N 1 745 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. �1ii IN WITNESS WHEREOF the parties have executed this agreement this (`T day of A'f , 1993, -t Poway, California. Propep y Owner: 44T_ ® BY:'' S 10 � ' -'-�'6~— • Javier Merino rte. • " ICIAL S. •L t "• - =ndaJ. :arson , ( ( Jr P ,C..� ir._ x �• �4 • NIA, P yllis Merino • w ie. (signatures must be notarized) CITY OF POWAY, a Municipal Corporation By: Don Higginson, or ATTEST: V 711 Marjorie K. Wahlsten, City Clerk c:\liens\creek.wlm 4 • se 174 7 EXHIBIT A THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26,TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO 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 ALONG THE NORTH UNE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, NORTH 89°28'27" EAST 400.00 FEET TO THE SOUTHEAST CORNER OF THE WEST 400.00 FEET OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 26; THENCE ALONG THE EAST LINE OF SAID WEST 400,00 FEET NORTH 0°40'30"WEST 232.85 FEET TO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS COUNTY HIGHWAY COMMISSION ROUTE 3 DIVISION 2,ACCORDING TO PLAT THEREON ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE ALONG SAID CENTER UNE AS FOLLOWS: SOUTH 42°12'07"EAST 311.76 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; SOUTH 42°12'07" EAST 710.83 FEET; THENCE CONTINUING SOUTH 42°12'07" EAST 148.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE A DISTANCE OF 90.05 FEET TO A POINT HEREIN DESIGNATED AS POINT "A", SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTHWESTERLY ALONG SAID CURVE TO THE SOUTHEASTERLY TERMINUS OF THE COURSE HEREINABOVE DESCRIBED AS HAVING A BEARING AND LENGTH OF SOUTH 42°12'07"EAST, 148.53 FEET;THENCE SOUTH 47°47'53"WEST TO THE SOUTHWESTERLY LINE OF SAID COUNTY ROAD;THENCE CONTINUING SOUTH 47"47'53"WEST 183.00 FEET;THENCE SOUTH 42°12'07" EAST. 175.00 FEET; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. APN 320-020-32