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Lien Agreement for Public Improvements 2001-0490617Iii'. . DOC. 2001""""0490619' JUL l7. 200l 8:lb A ,vii , " , , C' " (9: 17/' -I Iii CITY CLERK CITY OFPOWAY PO BOX..789 POWAY, CA 92074 ) ) ) ) ) ) ) ) OFFICIAL RECORDS SAfi DIEGO COUNTY RECORDEF:' S OFFICE G~lGORV J. SMITH, COUNTY RECORDER FEES: 0.00 RECORDING REQUESTED BY CITY OF POWAY WHEN RECORDED RETURN TO ) (For Recorder's Use Only) APN:321-040~14-00 LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMEN-T entered .Into by and between the CITY OF POWAY" a municipal corporation of the.iState Of, California sometimes hereinafteneferred to as "City", and Darlene G, &'Donald K. Kauhi hereinafter referred to as "Property Owner" WHEREAS, Property'Owner and City have agreed to the 'installation of certain improvements in the Easement for Jerome Drive in Poway, California; and WHEREAS, Property Owner represents that Property Owner is-the record owner if that real property described in-exhibit "A" attached hereto; and WHEREAS, City has loanedtoproperty owner monies equal to the shareofcbst of said improvements to be paid by property owner; and WHEREAS, Prqperty Ol,i.fner has agreed torepay said monies lent to Property Owner by City and to seturesaid6bligation to repay said loan with this,Lien Agreement to be recorded in Property Owner's chain of title, and WHEREAS, the installationof'said public improvements has been determined to be in the public interest; and WHEREAS,the loan 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 Qwner's Op.,~ I P>9(f1-\-' 1<\18' Cop~ c~~::L1J --- 01 --D(p~ " . . " , , cQst.for pcfyiDg:,Jerome Drive Property Owner agrees thal'lhe.hereinafter described real RC9pe,iiy does benefit by the ,installation of said improvements, Property Owner agrees to repay'said 108r:1dn annual installments to'beradded to the tax bill of that real property l:1ereinatter described owned by Property"Owner Property Owner agrees to repay said loan iniaccordance with the following terms"and conditions' Principal Obligation Not to Exceed - $ 2,297 00 Interest Rate on Unpaid Balance - 6:tJ % per annum Number of Annual. Equal Payments of'Principal Plus ~ccruf?d Interest - Seven (7) (Payable April 15 of each year) Section 2, AS'securityforthe repayment of said loan, Property Owner does hereby grant to City a lien upon the hereinafter describedproperty in an amountnpt.,to exceed'the principal obligation set'forth in Section 1, plus!ar:ly'and all unpaid interest which may accumulate in the future upon said sum, Said lien snail be binding 'up'on'tl:1e Property0wner and Property Owner's heirs, successors, assigns, executors, or other transferees in accordance with .the terms and conditions hereof Nbtwithstahdil)g t)1e agreement of the parties for the repayment of said sumir}'t'lrmual ihstallrtJen!s to be added to the Property Owner's tax bill, the entire unpaig sl.,lpi of said loan shall be immediately due and payable UpO[1 the'transfer of owriersh,ip pf said real property by Property Owner if said real property has been improved with the construction ofa residence thereon, Section 3, Upon payment irlfull 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 noUn default hereunder City shall subordinate this lien to loans not exceeding eighty percent (80%) ofthe fair market value of the property encumbered hereby Section 5, This agreement and the covenants contained hereinshall.be binding upon and inure to the benefit of/he 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 recordas:of the date of recordation hereof Section 6, The legal description ofthe-real property encumbered by the lien created hereby'is set forth in'full on Exhibit "N attached hereto and by this reference made a part hereof . . . . INWITNE'SSWHEREOF the parties have executed this agreement this ~&- day of.{f\l>rN1:\ , 2JX:1l., at Poway, California. (Signature Must Be Notarized) CITY OF POWAY, a MUQiciR Corporation By' ATTEST ~LUG,Q~ '~II~'( ~ COtJ,.. Lori Anne Peoples,. City C erk This,is to certify'thatthe interest in real property conveyed by the,deed or grant dated rnn.rih:J g, .:JclJl from fhr\.p/)~ ~ DllIYllc1 ~IlUh', to the City of Poway"a'political corporation,and/or governmenta!'agency is herebyaccepted,by the undersignea officer;oragEmton behalf of the City councilpursuantto authority conferred by Resolution NO'34adopted'on'January 20,1981 and the grantee'consentsto recordation thereofby'its duly authorized officer Dated: Cl.pAiJ.J O.cX:O I By ~JLu' D u..~ 0 0.0, ~ &:hr r:fuL City Clerk . ~" ,A.LVPURPOSE ACKNOWLEDGMENT , . 'r"-.-~-~_._._._._._._._._._._._._. -., ,. State of Cal1forma } 0 it Courtty of . ,S,:,.,...01'..~-; 55, t ion. IYtPtM,L 2.5" d-Cv / before me, ,G, \)~\)IY'\1.. $',tA( C, H C. ILL i -'(!?4E) (NOTARY) r persoMl1yappeared DONr'1-Lf) I:. I:ALlI-l\ QNc<LJf\'/2.L6.AlE r,.. 1-<..,I!,.Uf-/1 i , SIGNER(S)' i' D.p@rsellallj' kREJ'::n to me - OR- ~roved to me on the basis of satisfactory i l' evidence to be the personls) whose name(s) l , is/are subscribed to the within instrument and , i acknowledged to me that helshe/they executed i , the same in his/herltheir authorized , i capacity(i'es), and, that by his/herltheir i , signature(s) on the instrument the person(s), , or the entity upon behalf of which the i person(s) acted, executed the instrument. :i . . t t i WITNESS my ,hand and official seaL i I r:~ '" ~^,~,""-<<.il . OPTIONAL INFORMATION 0 tTheinfOrmatiOn below is not required, by 'law However, it could prevent 'fraudulent attachment of this aclmowl- t i ~~;;~~~=;~n;~d:I~:;nt;PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT i o . 6 0 INDIVIDUAL , , 0 CORPORATE OFFICER , to Ue'V, ~e.,,-t' ,A,.,,,, ,\\.>,\sQ...'c- t. OR TYPE OF DOalMENT TITLE(S) t i 0 PARTNER(S) \~ ?<'2DVe:Tr>e", ~ i , D ATtORNEY-IN-FACT A ~ f'I 3OL~- (:)~o -\~ - O() , i 0 TRUSTEE(S1 NUMBER J PAGES i o 0 GUARDIAN/CONSERVATOR r 0 t 0 OTHER. t i DATE OF DOCUMENT i o . t SI<;J"ER IS R,EPRESENTING t i ;.J~~E~ER~ON(S~OR ENTiTYiigsl i V ~ V"f''''~~Vl-1 , . OTHER 0 Lo_._._._._._._._._._._.~._._._._._.~ APA.l/94 VAll.EY-S;ERRA, 8ilO'362,3369 ;/ . . . I" . ,EXHIBIT A LEGAL DESCRIPTION PARCEL 1 All that portion of the South-Half of the Southwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 6, Township 14 South, Range 1. West, San Bernardino Base and Meridian, County of San Diego, State of California, according to United'States'Govemment Survey, described as follows: Commencing'at the Northeast corner,ofthe Soutp, Half of the Southwest Quarter of the Southwest Quarter of the Northeast Quarter of said Section 6: theJ:lce along the,North line thereof North 88059'15" West 248.05 feet to,the TRUE POINT OF BE(JINNING; thence continuing alongsaid North li!1eNorth 88059'15" West, 124.03 feet; thence S,outhOooI2116" East 334 77 feet to the South line of said Northeast Quarter of Section 6;,thence South 88 056!04~' East along said South line 124;03 feet,to an intersection with a line which bears,SouthOOo 12'16" East from.the TRUE POINTOFBEGINNING; thence North 00012'16" West, 334,89 . .. ,,-, -- -, - - -.' feet to the TRUE POINT OF BEGINNING, PARCEL 2: An easement fot ingress and egress for road arid utilitypuIposes together with the right to conveysimilar,easemenfs to others and to dedicate the same to public use, over the North 30 feet oftheSouth Half of the Southwest Quarter of the Southwest Quarter oftlieNortheast Quarter, and ,over theS'otith 30 feet of the North Half ofthe Southwest Quarter ofthe Southwest Quarter of the Northeast Quarter all being in.Section 6, Township 14 South"Railge I'West, San Bernardino Base and Meridian, County,ofSan Diego, State ofCilliforilia, according to United States Government Survey EXCEPTING THEREFROM that portion lying within Parcel I above, Said easement shall be,andhereby is declared to beappurtenantto all or any part of parcel oftp,e,Southwest QuaiteroftlieSouthwestQtiarteroftheNortheast Quarter and theWesfHalf of the Southeast Quarter of the Southwest Quarter of the Northeast QuarterofSection 6, Township 14'South, Range 1 West, San Bernardino Base and Meridian, according to United States Government Survey Lien Agreement- Kauhi