Lien Agreement for Public Improvements 1994-0720977 • (
-DEC-1994 10: 10 AM
OFFICIAL RECORDS
1342 SAN DIEGO COUNTY RECORDER'S 7FFICE
GREGORY SMITH, COUNTY RECORDER
RECORDING REQUESTED BY: ) FEES: 0.00
CITY OF POWAY )
WHEN RECORDED RETURN TO: )c
)
CITY CLERK )
CITY OF POWAY )1
P.O. BOX 789
POWAY, CA 92074
(For Recorder's Use Only)
Doc. Tax Fee - 0 -
APN 314-032-09
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
Danny D. Jones and Gloria J. Jones, Husband and Wife, as Joint Tenants,
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:
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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:
Principal Obligation Not to Exceed - $3,690.88
Interest Rate on Unpaid Balance - 4% per annum
Number of Annual Equal Payments 10
of Principal Plus Accrued Interest -
(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.
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IN WITNESS WHEREOF the parties have executed this agreement this
day of OCTOBER 28 19 93 at Poway, California.
Property Owner:
By:\, tea. ** DANNY JONES
(signs es must be notarized)
** GLORIA JONES
CITY OF POWAY, a Municipal Corporation
By: 0,. _"
Don Higginson, May
ATTEST:
Marjorie K. Wahlsten, City Clerk
co i
ACKNOWLEDGEMENT San Diego n Bank 7 24 a
Member F.UI.L Q
STATE OF CALIFORNIA On OCTOBER 28TH 1993 0
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OUNTY OF SAN DIEGO before me, KAREN L LOGAN
NOTARY PUBLIC (Officer Name & Title),
personally appeared DANNY JONES AND GLORIA JONES ig
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;,: ' M,�� , 1 personally known to me(or proved to me on the basis of satisfactory evidence)to be
�' ;:t, . R the person(s) whose name(s) is/are subscribed to the within instrument and ac-
i i ,` Comm f f -: J:r 'k' knowledged to me that he/she/they executed •: -me in his/her/their authorized
���T . GU 18 �. capacity(ies), and that by his/her/their si.•: re(s)on the instrument the a
ST 22, i . or the entity upon behalf of which the • son(s)acted,executed the instrument. L
WITNESS my hand and official seal. --
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(This area for official seal) Signature Z
ATTENTION NOTARY:The following Information Is not mandatory, i -z
ory,however It could prevent fraudulent attachment of this .,,g..- . = to :pother document.
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document LIEN AGREEMENT OR PUBLIC Z
TO THE DOCUMENT DESCRIBED AT RIGHT:
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Total Number of Pages 4 Date of Document 10/28/93
MIS-45(Rev.1/93) Signer(s)Other Than Named Above NONE .
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EXHIBIT A
That portion of the Northeast Quarter of the Southeast Quarter of Section 1,
Township 14 South, Range 2 West, San Bernardino Meridian, according to United
States Government Survey thereof described as follows:
Beginning at the Northeast corner of the Westerly 380.08 feet of the Easterly
867.56 feet of said Northeast Quarter of the Southeast Quarter; thence
Westerly along the North line of Said Northeast Quarter of the Southeast
Quarter a distance of 95.00 feet to the True Point of Beginning; thence
retracing Easterly 95.00 feet; thence Southerly along the East line of said
Westerly 380.08 feet a distance of 180.70 feet; thence Westerly parallel with
the North line of said Northeast Quarter of the Southeast Quarter a distance
of 75.00 feet; thence Northerly in a straight line a distance of 181 .00 feet
more or less to the True Point of Beginning.
Jones