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Lien Agreement for Public Improvements 1988-191300K REQUESTED BY AND WHEN RECORDED, RETURN TO: . C i fi ti' RK S OFFIC5 C, L -t y. aF POWAY "V_,� G WDY, 789 20 u) 4�, CA 92064 210 2/ 8 14 110 0 F F L ,r, t. t too j 'r 19 APR 2 6 AN' 10_ I s v, _ y F i- APN 277 - 010 -12 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 Robert E. 2: Jeanen M. f1orteleone 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: Ato FEt Principal Obligation Not to Exceed: , 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 Z. 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 the lien created hereby is and by this reference made IN WITNESS WHEREOF the day of y'2d �'�.„ Ae,,— Signatures to be Notarized Signatures to be Notarized 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 /—R— 7�e _, 1987 at Poway, California. Property Owner: By: (24 By: ATTEST: K City Clerk m /lienl -3 -Uv 212 CITY OF POWAY, a municipal corporation By: (City Seal) PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of On this the day of 19 before me, * ) SS. * County of ) * the undersigned Notary Public, personally appeared * * * * * , * * F-1 personally known to me * * * F-1 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 k executed it. k WITNESS my hand and official seal. k I k k 11 Notary's Signature GENERAL'ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of Coq On this the day of SE�rFi�,BC�e19 8�, before me, * * ) County of SA„) ,p�E�D ) SS. GFl -r Hr -B►eok#� to * the undersigned Notary Public, personally appeared * * ,►- Teane.. * * _�ober-T * * * * proved to me on the basis of satisfactory evidence * o be the person((s) whose names) i+ PC subscribed * OFFICIAL RFAL to the within instrument, and acknowledged that -t�jgv * CATHY BROKAW executed it. T * Notary Public - California SAN DIEGO COUNTY WITNESS my hand and official seal. * * My Comm Exp Apr 21, im * * * Notary's Tignat, e * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of On this the day of 19 before me, * ) SS. * County of ) * the undersigned Notary Public, personally appeared * * * * * , * * F-1 personally known to me * * * F-1 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 k executed it. k WITNESS my hand and official seal. k I k k 11 Notary's Signature EXHIBIT "A" PARCEL 1• 214 The Easterly 368.36 feet of the North 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 there from the Southerly 360.70 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 within the Northeast Quarter of the Northeast Quarter of Section 19, all being in 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, 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 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 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. PARCEL 3: An easement for road and public utility purposes and appurtenances thereto over, under, along and across a strip of land 29.00 feet in width, lyng within the Southeast Quarter of the Southeast Quarter of Section 18, in 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, the Westerly and Northerly line of said strip being described as follows: Beginning at the Southwest corner of Parcel 1 hereinaboved described: thence South along the West line of the Easterly 368.36 feet of said Southeast Quarter of the Southeast Quarter of Section 18, to the South line of the North one Half of said Southeast Quarter of the Southeast Quarter of Section 18: thence West along the South line to the Northeast corner of Parcel 2 hereinabove described. Said easement to terminate on the North on the Southerly line of Parcel 1 hereinabove described and on the West of the Easterly line of Parcel 2 hereinabove described. EXHIBIT