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Lien Agreement for Public Improvements 1988-132339r REQUESTED BY AND WHEN RE CITY CLERK'S OFFICE CITY OF POWAY. P O. BOX 789 POWAY, CA 92064 RECORDED, V V 450 APN 277 - 010 -15 88 132339 } a3 P + °gyp L t J� L,a E. LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS NO FEE 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 Juanita B. Ki nyon 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: i0 i.0 #. 451 Principal Obligation Not to Exceed: $ 3,512 Interest Rate on Unpaid Balance: 5 % per annum Number of Annual Equal Payments of Principal Plus Accured Interest: (Payable April 15 of each year) nine ( 9 ) 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 the lien created hereby is and by this reference made IN WITNESS WHEREOF the day of 1�9 u Description of the real property encumbered by set forth in full on Exhibit "A" attached hereto a part hereof. parties have executed this agreement this 1987 at Poway, California. Property Owner: By:c / 6 A-- Si atures to be Notarized By: Signatures to be Notarized GENERAL • i State of f3�iz�R.Jis3 County of SS � rah,,:_, �y ♦. On this the '" v v day of AuS vs T 193), before me, the undersigned Notary Public, personally appeared �C proved to me on the basis of satisfactory evidence to be the personNwhose name /S subscribed to the within instrument, and acknowledged that executed It WITNESS my hand and official seal_ Notary's Signature 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd • PO Box 4625 • Woodland Hills, CA 91365-4625 r ATTEST: City Clerk m /lienl -3 �u 45 CITY OF POWAY, a municipal corporation By: Mayor (City Seal) 454 4W '00 EXH3BIT A PARCEL 1 • The Southerly 360.70 feet of the Easterly 368 36 feet of the North Half of the Southeast Quarter of the Southeast Quarter of Section 18, Townshilt 13 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Suvevey PARCEL 2 Y An easement for road and public utility purposes and appurtenances thereto over, under, along and across the Northerly 29 00 feet of the following described property The Northerly 283 00 feet of 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 Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey EXCEPTING from said South Half of Southeast Quarter of the Southeast Quarter, the Easterly 275 00 feet, as created by instrument recorded Marth 26. 1971 as File No. 58091 PARCEL 3 An easement for road and public utility purposes and appurtenances thereto ever, 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 being in Township 13 South, Range I West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according 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 along the Southerly line of said Section 18, 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 being the TRUE POINT OF BEGINNING; thence retracing 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, a distance of 660 00 feet, more or 1 less, to the Northerly line of the South half of the Southeast Quarter of the Southeast Quarter of said Section 18 Said easement to terminate Northerly in the Northerly line of said South Half of the Southeast Quarter of the Southeast Quarter of said Section 18, and to terminate Southerly in the Northerly boundary of said Old Coach Road, as created by instrument recorded February 24, 1971 as File No 34439 of Official Records CO O-------------