Loading...
Lien Agreement for Public Improvements 1994-0031788 011 1994-0031788 d ` . 1476 ( 14-JAN-1994 11m2O AM RECORDING REQUESTED BY: ) OFFICIAL RECORDS CITY OF POWAY ) SRN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED RETURN TO: ) RNNETTE EURNS, COUNTY RECORDER FEES: 0.00 CITY CLERK ) CITY OF POWAY ) P. 0. BOX 789 ) POWAY, CA 92074 ) (For Recorder's Use Only) APN 320-020-34 Doc. Tax Fee -0- M 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 - $2,819.50 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) • 1477 M 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 /`/ day of , 1993, at Poway, California. Property Owner: By: x _ , obert/ Hei.mpel —I Hermandina H impel (signatures must be notarized) By: OF POWAY, a Municipal Corporation. 4 y. Don Higginson yor ATTEST: MarjorieX. Wahlsten, City Clerk c:\liens\creek.wlm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 �ti\1\.`..`L�-\1-..:\/\rtltill�' \1' \1\11\\1ti- `1\',1��1-N11'�1'��"- '`1-�ti�\'1ti1�1\�titi� 11'\�1'N.'\ \1.���.'�11'�1'�titi'�11111�\�'�1't 1 r State of a��:L ' A • OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER tCounty • �� -[I Though statute does not require the Notary to r / fill in the data below, doing so may prove r / invaluable to persons relying on the document. On '�� = before me r .:'- t !s_ ❑ INDIVIDUAL 4 r DATE NAME,TITLE OF OFF CER-E.G.,"AN DOE,NOTAR/ BLIC" r y appeared �CX�lzd �� 0 CORPORATE OFFICER(S) 0 r) personally �� ))) () NAME(S)OF SIGNER(S) 7 TITLE(S) (, (/ PARTNER(S) LIMITED r proved to me on the basis of satisfactory evidence ❑ 0 GENERAL to be the perso whose names i are ❑ 0 subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT 0 • , knowledged to me that he/sh=, executed ❑TRUSTEE(S) 0 fi the same • his/he ujgI' authorized ❑ GUARDIAN/CONSERVATOR j 1 , _ _ _ _ capacit �6M and that by his/her ' eir OTHER: fa. °'r,F OFFICIAL SEAL signatur yin the instrument the perso a ❑ 1 7 ■∎ MARIE LOFTON ' or the tity upon behalf of which t e r �� Notary Public-California f 4 `-%a•-1,".a� SAN DIEGO COUNTY person&acted, executed the instrument. r 1 �.,+.. My Commission Expires SIGNER IS REPRESENTING: 0 r -,a,•s April 26,T 994 NAME OF PERSON(S)OR ENTITY(IES) r 4 _ - __ WITNESS my hand and official seal. 0 1 r SIGNATURE OF NOTARY 1 jOPTIONAL SECTI r THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT c-1.CiK-1 — c=?d"e5lO-,.7 f THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES_ ✓ DATE OF DO UMENT �"/ �.� r fr Though the data requested here is not required by law, y��, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE----1161-74C-- 0 (`���'�'�r,�'�'�'�~`"��ti�1titi��ti-��^�titi�.'�-�-.�.-�,���-`-`��.tit1-�-`ti-X11-�ti1ti-�-`-��-�titi-`1�-�-�-�-`����ti���-�-�ti`-�-��ti-`-�tit�.-�ti��ti—..titi�:� ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 4101' .14 79 Exhibit "A" An undivided interest in and to 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 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 line of said Southwest Quarter of the Northeast Quarter North 89° 23' 27" East 400 feet to the Southeast corner of west 400 feet of the said Northeast Quarter of Section 26, being the TRUE POINT OF BEGINNING; thence along the East Line of said West 400 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 thereof on file in the office of the County Surveyor of San Diego County; thence along said center line 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: thence along said North line South 89° 28' 27" West to the TRUE POINT OF BEGINNING. 320-020-34