Lien Agreement for Public Improvements 2005-0710544
I
-. 10550
RECORDED AT THE REQUEIF
CHICAGO TlTLE.COMRI [1e.# 2005-071 0544
susIi!vlsiON DE .. _" ",-J -'"
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. RECORDING REQUESTED BY
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) AUG 18 2005 2:02 PM
CITY OF POWAY ) [IFF"II-.:!.L:.,L 1::[ClJI:;LI~:;.
) -,c;.i'! ~i1E.hl~i (ourn'l F:ECOF:[IEF:":' Un-ii-E
WHEN RECORDED RETURN TO' ) (;n~'I~I-JF I .1 '-,:,l!TH (flljj'JL r;ECOF;[IEF:
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CITY CLERK /)
CITy'OF POWAY . (0 ~) 1 !I/!il lllli 1I!li iIIlllllll 11111 11111 11111 11111 11111 11111 II!II III 111111111111111
POBOX 789, ) 2005-0710544
POWAY, CA 920763tYiD Iq3-U~a. )
APN - 275-370-15 No Document Transfer Tax Due
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a
municipal corporation of the State of California sometimes hereinafter referred to as
"City," and David H. Kaufman and Dale M. Kaufman, Trustees of the David H. Kaufman
and Dale M. Kaufman Revocable Trust hereinafter referred to as "Property Owner"
WHEREAS, Property Owner and City have agreed to the installation of certain
sewer improvements in the Easement of the 13003 block of Corte Susana 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, City has loaned to Property Owner 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.
This Instrument filed for ,-ec(1[d by Chicago Tine
Company as an accommoOiitrOn oniy. it has not
been examined as to its execUliun OJ as to its
effect upon ftle tine.
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NOW, THEREFORE; 'IT IS'AGREED between thecparties hereto as follows:
Section 1. City shall loan :to Property Owner the suni equal to Property Owner's
cost for sewer'improvement'S fn the Easement of the- 13003 block of Corte Susana.
Property Owner agrees that the hereinafter described real. property does benefit by the
installation of said improvel11ents. 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:
Principal Obligation Not to Exceed - $29,562
Interest Rate on Unpaid BaJance - 3.91 % PElr annum
Number of Annua.l Equa.1 Payments of Principal Plus Accrued Interest - Ten (10)
(Payable with Propert'y'Tax Assessments)
Section 2. As security for the repayment of said loan, Property Owner does
hereby grant to City a lien up'oh the hereinafter described property in an amount not to
exceed the principal obligation set forth in Section I, 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, a'ssigns,' executors, or other
transferees in accordance with the terms and conditions hereof Notwithstanding the
agreement of the parties for the repayment of said sum ih annual installments 'to be
added to Property Owner'st?lx 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 Teal 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 ruhwith 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 cfat'e of recordation hereof
Section 6. The legal description of the real property encumbered by the lien
creaied hereby is set forth in full on Exhibit "A" attached hereto and by this reference
made a part hereof
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IN WITNESS WHEREOF the parties I)ave eXfJ9ljted this agreement this
28th day of June. 2005, at Poway, California.
PropMy O~N-)
~ . '~f)\
By'
David H. and DaJ.e M. Kaufman
(Signature Must be Notarized)
CITY OF POWAY, a Municipal Corporation
By'
L. Diane Shea, CM
City Clerk
This is to certify that the interest in rea erty conveyed by the deed or grant. dated
from to the City of P()way, a
political corporation.and/or'g6vernmental agency is by. accepted by the undersigned
, . officer or agent on behalf' of the City Council pursua to authority conferrep by
Resolution No 34 adopted on January 20. 1981, and t rantee consents to
recordation thereof by its duly authorized officer
Dated: By'
L. Diane Shea, CMC. City Clerk
m:ldirectol-\lien agmt.doc
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C~L1FORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California } ss
.... 'Y, II ~~e~ I
County of I
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On ::June .,;l8:.~
Date
personally appeared "it.
Dpersonally known to me
I .,.,.... ~ proved to rne on the basis ot satisfactory
I . ... D.YtQlRSL evidence
. '.' :'~~ ~1Adw.,.'J42f691 .J
IMDrNllC.- ... to be the perso~ whose nam~ is~ I
" " ., . "CaIlIomIa
..;..,c_llIIgO~ subscribed to the within instrument and
" ---.._Jin3Q, _. acknowledged (oeme that-~executed J
'". ',;",-t.- the same -in ~r/ . authorized
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CapaCi(Y(~: and that by hi"",,",~
signature :ori the in~trument the person~ or .J
t the entity upon behalf of which the person~
I acted, executed:the- instrument. I
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WITNESS my ha~icial seal.
[ ~. ()z)d~
SigJ1ature of Notary Public
[.
, OPTIONAL
Though the information below is not required by, law, it may prove valuable to persons 'relying on the document and could prevent
fraudJientremoval and reattacnment of this torm to another document.
t Description of Attached Document I
Title or Type of Docurnent cA-~ () ~ if:" {)~~~ I
Number of Pages, '-I J
Document Date, ~..;l.&. .6){)O
f. ~a, 'fY\ o-.~ I
[ Signer(s) Other Than Named Above, O'Ltt.M ,.Q
Capacity(ies) Claimed by Signer
[. Signer's Name:
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o Individual Top of thumb here I
o CorporateOfficer'- Title(s), J
o Partner -0. .Limited 0 General J
o .Altorney,in-Fact J
o Trustee
[. o Guardian. or Conservator
[. o Other- .J
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[ Signer Is Representing, .J
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@1999National Notary Association' 9350 De SOlO A~e.. P.-O. Box 2402' Chatsworth, CA 91313-2402' wwwmiticinalnotery.org Prod,No.5007 Reorder: Call Toll Free 1-800-876-6627
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EXHIBIT "A" TO
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
A.P N. 275-370-15
LOT 72 OF VALLE VERDE ESTATES UNIT NO 1, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE 0F CALIFORNIA, ACCORDING TO MAP
THEREOF NO 4185, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, MAY 20,1959
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NOTARY SEAL CERtiFICATION
(Government Code 27361 7)
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS.
Name of the Notary" S ~ U~ D. W4JWfI~\
Commission Number' \ ~'l\ld'{~ Date Commission Expires: Jui'\ 5D,'~
I
County Where Bond is Filed: ~ ty~
Manufacturer or Vendor Number' t-lW4\
(Located on both sides of the notary seal border)
Signature.
, Firm Name (if applicable)
\
Rlace'ofExecution: San DieQo Date: 6 I r~ ILb
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R.e~)=;:o~ #R10.1 (Rev. 6/11/03)