Lien Agreement for Public Improvements 2005-0710541
RECORDED AT THE REQUEST. 105p5 ,
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2005-0710541
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CHICAGO TI,TLE COMRi\NY
SUBDIVISION DEPT. , ! 11111111 ill1!111 IIIIIIIII! 11111 mllllillllllllllllilllllllllillllll
RECORDING REQUESTED BY )
) AUG 18. 2005 2:02 PM
CITY OF POWAY )
) OFFICl.~.L RECORel':
:"c:,r j [dF.:fl UJur.lT I F:ECIJF;[I[ F:": DFFIiT
WHEN RECORDED RETURN TO' ) r:i~;tJ,I~I:::" ,I :,~..111 H CDur-n', r-:El 1-lf~[:Er:
) r:f.~' :, .':'11 uu
CITY CLERK ) P~;GE.:, ,.
CITY OF POWAY y~ Jl ) 1 111111 11111 lIill 11111 II!II 11111 11111 11111 11111 11111 11111 1111 1111111111111111111
POBOX 789 ':))
POWAY. CA ~05D ,Q3 -!A.67-. \rAiI ) I 2005-0710541
No Document Transfer Tax Due
APN - 275-303-02
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
NO DOCUMENT TRANSFER TAX DUE
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 Christopher Reginald Robinson and Brenda Elizabeth Robinson, as Trustees
of the 1995 Robinson Family 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 12935 block of Via De! Toro 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 record by Chicago Title
Company as an accommodation only, It has not
been examined as to its execuiion or as to its
effect upon the tine.
. 1.0536 .
NOW, THEREFORE, IT IS AGREED between'ihe parties' hereto as follows:
Secti6n 1 City shall loan to Property Owner the sum equal to Property Owner's
cost for sewer improvements in 'the Easement of t[1e 12935 block of Via Del Toro
Property OWr:1er' agrees that the hereinafter described real property does benefit by the
installation 'ofsaid 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:
Principal Obligation Not to Exceed - $18,637
Interest Rate on Unpaid Balance - 3 91% per annum
Number of Annual EqualPayments of Principal Plus Accrued Interest - Ten (10)
(Payable with Property Tax Assessments)
Section 2. As s~curity 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 I, plus.,any and all unpaid interest
which may accumulate in the fllture, upon said sum, Said lien shall be binding upon the
Property Owner and Property, Owner's heirs, successors, cassigns, 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
immediaiely 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;ofthe date of recordation hereof
Section. 6. The legal description of the real property encumbered by the lien
created hereby is set. forth in full of] Exhibit "A" attached hereto and by this reference
made a part hereof
. 10537 .
, IN WI;r~ES~'VV,HEREOF the parties have executed this agreement this
I~j; day ci~4UPj/J!::yb 2005,at Poway,.California.
Property Owner'
BY'C~ ~~ 9-~
Christopher RegInald Robinson
By' f5V1bh(Jj;?~ tc~u"lodt:f(p6 Lr\9 ~
Brenda Elizabeth Robinson
(Signature Muslbe Notarized)
CITY OF POWAY, a Municipal Corporation
By'
This is to certify that the. in eresUn real property conveyed by tne deed or grclnt dated
frolll ~ . .to the Ci!y of Poway, a
political corporation and/or. governrnental agencyis;'hereby\accepted by the undersigned
officer or .agenton 'be,half oJ :the CitY--CQ.unCilpursuant 'to 'authorityconferred by
Res'olution No, 34 adopted on January 2 , 1981, and the grantee consents to
recordation thereof by'its duly authorized officer
Dated: By'
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. 10:::38 .
CALlf;ORNIA ALL.P.URPOSE ACKNOWLEDGMENT
"
I State of California } ss
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I,
V
~rsonaIlY'known to me ,]
i.i~*~t~{l C proved to me on the basis of satisfactory
I evidence
to be the person@ whose name(S) ~
I, I .,~~ 1 subscribed to the within instrument and
acknowledged to me that..llef~executed
. "" 'u,QiIIuiI:,,-f:)cl21,2IIIl7 the sa~ in .11fs!Rilr~ authorized
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capacity e . and that by R<$7=
signaturet!ljon the,iilstrument the person . or .)
the entity' upon behalf of which the perso~)
acted, executed the instrument I
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I gntureof ary UIC
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OPTIONAL
I Though the information below is not requ;redby law, it may prove valu~ble to persons relying on the document and could prevent
fraudulent remo'v818"nd reattachment of this' form to another document.
Description of AUaCh!&OCumek & Q I
I ""'""~," '1"00' IldI' ~~a~ 1" xH;c ~W '-
Document Date: L.. ~\.AS:,\:. \), ros Number of Pages: S I
Signer(s) Other Than Named Above: ~ A
I Capacity(ies) Claimed by Signer I
I I
Signer's Name: I
I
I o Individual Top of thumb here I
I o Corporate Officer - Title(s): I
I o Partner - 0 Limited o General
I o Attorney-in,Fact
o Trustee
o Guardian.or Conservator. I
o Other' ]
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1 Signer Is Representing:
@1999Natlona.INolar)AsSOCiation.935'oDeSo'\oAve., P_O:Sox 2402' Chatsworth, CA 91313-2402' www,nationGllnotary.org Prcd,No.5907 Reorder: Call TolI.Free 1-800-876-6827
. 10539 .
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EXHIBIT "A" TO
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
AP N. 275-303-02
LOT 9 OF VALLE VERDE E,STATES UNIT NO 1, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF 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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