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Lien Agreement for Public Improvements 1994-0721058 • C 1994-0721058 1471 2 -DEC-1994 10 : 19 W.°1 OFFICIAL RECDRDS SAID DIEGO COUNTY RECORDER'S OFFICE RECORDING REQUESTED BY: ) GREGORY SMITH, COUNTY RECORDER FEES: 0.00 CITY OF POWAY WHEN RECORDED RETURN TO: )/ CITY CLERK i\l ''' CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 ) n (For Recorder's Use Only) Doc. Tax Fee - 0 - APN 314-650-14, 15 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 Joseph Z. Czarzasty, Trustee of the Joseph Z. Czarzasty Trust Agreement dated April 19, 1988, sometimes hereinafter referred to as "Property Owner. " WHEREAS, Property Owner and City have agreed to the installation of road improvements in the right of way of Budwin Lane 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 repay 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 the 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: 1472 Section 1 . City shall loan to Property Owner the sum equal to Property Owner's cost for the road improvements on Budwin Lane. 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: li Principal Obligation Not to Exceed - $7,381.76 Interest Rate on Unpaid Balance - 4% per annum Number of Annual Equal Payments of Principal Plus Accrued Interest - 10 (payable April 15 of each year) 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. A • • 1473 IN WITNESS WHEREOF the parti s have executed this agreement this c' 6 day of, , ; _,,e. , 152_ at Poway, California. ` . Property Owner: By: ` '`-� Lz C' (signatures must be notarized) CITY OF POWAY, a Municipal Corporation C IT" r- Don Higginson, t ayor)a ATTEST: a l0 - ,. Marjorie Wahlsten, City Clerk liens\budwin • • ` 1474 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193 ti`� f OPTIONAL State of CALIFORNIA SECTION �Nom SAN DIEGO CAPACITY CLAIMED BY SIGNER County of Though statute does not require the Notary to j r fill in the data below, doing so may prove 1/26/94 AL I C IA CORDOVA invaluable to persons relying on the document. ij On before me, DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE,NOTARY PUBLIC" El INDIVIDUAL f JOSEPH Z CZARZASTY ❑ CORPORATE OFFICER(S) personally appeared l P NAME(S)OF SIGNER(S) TITLE(S) f ❑personally known to me - OR - ti proved to me on the basis of satisfactory evidence El PARTNER(S) El LIMITED j 1 to be the person(s) whose name(s) is/are El GENERAL fsubscribed to the within instrument and ac- 1:1 ATTORNEY-IN-FACT r t knowledged to me that he/she/they executed ❑TRUSTEE(S) l 0 the same in his/her/their authorized Di GUARDIAN/CONSERVATOR f ( capacity(ies), and that by his/her/their OFFICIAL NOTARY SEAL signature(s) on the instrument the person(s), ❑ OTHER: f 6 / ALICIA CORDOVA or the entity upon behalf of which the 0 /'-., ,, pjp�y Pub;;c—Calitornie person(s) acted, executed the instrument. f �_ --� SAN DIEGO COUNTY J My�,,,,,,.Expires OCT 27,1993 SIGNER IS REPRESENTING: 1 / WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) r !/% 6 SIGNATURE OF NOTARY r OPTIONAL SECTIOLNI ZTHIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT EN AGREEMENT FOP. PUBLIC IMPROVEMENTS f THE DOCUMENT DESCRIBED AT RIGHT: f lO NUMBER OF PAGES FOUR DATE OF DOCUMENT NONE 6 Though the data requested here is not required by law, NONE it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE f ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91 309-71 84 . . S • 1475 EXHIBIT A The Westerly 203.61 feet (measured along the Northerly line) of all that portion of the Northeast quarter of the Southeast Quarter of Section 1, 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. czarzasty