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Lien Agreement for Public Improvements 1988-1323373 440 2337 Q 1 �y REQUESTED BY AND WHEN RECORDED, RETURN TO: CITY CLERK'S OFFICE 3 # Art 23 P N 2 2Q CITY OF POWAY S 3 }if i i} t a 1. L i F POWAY, OXCA 92064 APN 277 - 071 -05 L—C�w I N Y iir LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT entered into by and between the CITY OF POWAY, a NO FEE municipal corporation of the State of California sometimes hereinafter referred to as "City," and Lawrence & Frieda Snow, Route 6, Box 627, Escondido, CA 92026 Le sometimes hereinafter referred to as "Property Owner." WHEREAS, Property Owner and City have agreed to the installation of certain public improvements in the right of way of Old Coach Road 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, Property Owner and City have agreed to share the costs of said improvements; and WHEREAS, City has loaned to Property Owners 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 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 share of cost to be established by Resolution of the City Council of the City of Poway in connection with the installation of improvements to 0ld Coach Road. 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: V ' r V V 441 Principal Obligation Not to Exceed: $2,,Ogc00 Interest Rate on Unpaid Balance: 5 % per annum Number of Annual Equal Payments of Principal Plus Accured Interest: five (5) (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 incumbered 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 WHERE�F the parties have executed this agreement this Ij day of , 1937 at Poway, California. Signatures to be Notarized Signatures to be Notarized Property Owner: i rM MWA.M.1 , I .: 442 CITY OF POWAY, a municipal corporation ATTEST: ,C ty Clerk (City Seal) m /lien1 -3 ,- 443 'GtNEF:AL ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of CALIFORNIA On this the 23rd day of April 19 87 before me, * ) SS. * * County of SAN DIEGO ) Mary C. Freeman * the undersigned Notary Public, personally appeared * * * LAWRENCE SNOW and FRIEDA SNOW * * * XX30 personally known to me * * «... OFFICIAL SEAL11�� $&����= i =���r=l�= ��E�6{$8�$= * MARY C FREEMAN NOTARY PU6IJC CAtoORNIA to be the persons) /hose name(S) are subscribed * �' to the within instrument, and acknowledged that they sAn aeoo couriTr * * My co„v,1 expires July 18,1990 executed it. * WITNESS my hand and official seal. * f 11u. * Notary's ign ure Mary C. Freeman PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of On this the day of 19 before me, * ) SS. * County of ) * the undersigned Notary Public, personally appeared * * * * * E] personally known to me * * F� proved to me on the basis of satisfactory evidence * to be the person(s) who executed the within instrument * on behalf of the partnership, and acknowledged to me that * the partnership executed it. * WITNESS my hand and official seal. * * * t * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of On this the day of 19 before me, * ) SS. * County of ) * the undersigned Notary Public, personally appeared * * * * * * * personally known to me * * * proved to me on the basis of satisfactory evidence to * be the person(s) who executed the within instrument as * or on behalf of the corporation * therein named, and acknowledged to me that the corporation * executed it. * WITNESS my hand and official seal. * * Notary's Signature r-- EXHIBIT "A" 444 SNOW PROPERTY AFTER ADJUSTED Legal Description Portions of Sections 19 and 20, Township 13 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof, described as follows: PARCEL 1 The South Half of the Northeast Quarter, together with all of that portion of the Southeast Quarter of the Northwest Quarter lying Easterly of the centerline of County Road Survey No. 732 (known as Old Coach Road) according to Plat thereof on file in the Office of the County Engineer of San Diego County and more particularly described in that Ease- ment for County Highway recorded February 15, 1968 as File No. 26947, all being in Section 19, Township 13 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof. PARCEL 2 The Southwest Quarter of the Northwest Quarter, Section 20, Township 13 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of Calfiornia, according to Official Plat thereof. EXHIBIT A I