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Lien Agreement for Public Improvements 1988-132340455 132340 REQUESTED BY AND WHEN RECORDED,'3 ":.., :$ RETI&yT &TRK'S OFFla i Q CITY OF POWAY. P.O. BOX 789 POWAY, CA 9206 t t;UN I v APN 277 - 010 -16 LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT entered into by and between the CITY OF POWAY, a munici- pal corporation of the State of California sometimes hereinafter referred to as "City," and Gene & Judith R. Purvis, 18118 Old Coach Road, Poway, CA 92064 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 deter- mined 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 Old 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: 1K0 FEE 456 Principal Obligation Not to Exceed: $3,512.00 Interest Rate on Unpaid Balance: 5 % per annum Number of Annual Equal Payments of Principal Plus Accured Interest: nine (9) (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 WHEREOF the parties have executed this agreement this %y day of O,e,2 1987 at Poway, California. Property Owner: By: d2iJ/LvL/J Signatures to be Notarized Signatures to be Notarized 457 CITY OF POWAY, a municipal rnrpnratinn By: ATTEST: `� .- �z Ci y Clerk \J m /lienl -3 (City Seal) PARTNERSHIP 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 * on behalf of the partnership, and acknowledged to me that * the partnership executed it. * WITNESS my hand and official seal. * * * * * 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 L i i L i i J. J. L J. i .L .i .. .. �. .•. .� A 458 GENERAL ACKNOWLEDGMENT v * * State of CALIFoK4J1A On this the —day of Al�RiL 1982, before me, * ) County of S'A,J J)lEro ) SS. TNv ���2Qi;A� * the undersigned Notary Public, personally appeared * * * C-s F fo e- d- n- U.O I TH 121 t'u R V is * if * * * * OF SE proved to me on the basis of satisfactory evidence Wo CATHY BAMW be the perso sDwhose nan�D ,qR� subscribed * ►�18 � DIEGO COUNW to the within instrument, and acknowledged that 7y * executed it. — * Of CWM.EV.AM 21.1983 WITNESS my hand and official seal. * * * * Notary's SignatUre * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PARTNERSHIP 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 * on behalf of the partnership, and acknowledged to me that * the partnership executed it. * WITNESS my hand and official seal. * * * * * 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 L i i L i i J. J. L J. i .L .i .. .. �. .•. .� .r �• s EXHIBIT "A" � u 459 LEGAL DESCRIPTION ORDER NO. 863287 -NC PARCEL 1: The Easterly 660.00 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 18, Township 13 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California,. according to United States Government Survey. EXCEPTING therefrom the Northerly 283.00 feet. ALSO EXCEPTING therefrom the Easterly 275.00 feet of the Northerly 400.00 feet. PARCEL 2: An easement for road and public utility purposes and appurtenances thereto, over, under, along and across a strip of land 58.00 feet in width, lying within the South Half of the Southeast Quarter of the Southeast Quarter of Section 18 and within the Northeast Quarter of the Northeast Quarter of Section 19 all beina in Township 13 South, Ranae 1 West, San Bernardino Meridian, in the County of San Diego, State of California, accordina to United States Government Survey, the Easterly line of said strip being described as follows Commencing at the Southeast corner of said Section 18; thence Westerly alona the Southerly line of said Section 1B, a distance of 660.00 feet; thence Southerly parallel with the Easterly line of said Section 19, a distance of 200.00 feet, more or less, to the Northerly boundary of the existing travelled County Road known as Old Coach Road as located on November 13, 1970 and beina the TRUE POINT OF BEGINNING; thence retracina Northerly along said parallel line 200.00 feet, more or less, to the Southerly line of said Section 18; thence Northerly parallel with the Easterly line of said Section 18, to the most Northerly, Northwest corner of Parcel 1 hereinabove described. Said easement to terminate Northerly in the Westerly prolongation of the most Northerly line of Parcel 1, and to terminate Southerly in the Northerly boundary of said Old Coach Road. ms 5/22/86