Lien Agreement for Public Improvements 2005-0710539
RECORDED AT-THE REQ.- OF 10525 ~ D.~~ # ,
2005-07105'39
CHICAGO TITLE COMPANY
SUBDIVISION DEPT. i lUll IiI 1IIIIIil filii 111'1 filii ilill lUll 11I1I filIi 11111 I~IIIIIIIIII
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RECORDING REQUESTED BY )
" ) AUG 18. 2005 2:02 PM
CITY OF POWAY )
~l~ WHEN RECORDED RETURN TO- ) nFFIL1:.J,I_ F;fCCH[I'
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) b~.:t l_lllt-i'I'.1 'd..lITH L'Clur-jfl j: Frl-rP[IF-'-'
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/" CITY CLERK F ~.c:~ e
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\ CITY OF POWAY ) IIIII!llIl/illlill!illlll/!IIilllllll/lllllllllil//!/II1/IIIIII1II!IIIIIIIllil/!
POBOX 789 )
POWAY, CA 92074 .3 G C)..., ) 2005-0710539
53015 OJq '.U
No Document Transfer Tax Due
APN - 275-314-09
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENJ" entered into by and between the CITY OF POWAY, a
municipal corporation of the State of California sometimes hereinafter referred to as
"City," and The 1996 Helmuth Family Trust, Francis and Gloria Macias Helmuth,
Trustees 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 12902 block of Via Del Toro in Poway,
California; and
WHEREAS, Property Owner represents that Property Owner is the record owner
of thatreal 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 improilements 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 accommod"tlononly, It lias not
been examined as to its executIOn 01 as to Its
effect upon the @e_
. 1121526 .
NOW, TIifEREfORE, IT IS AGREED between the parties hereto as follows:
Section 1. City shilllloan to Property Owner the sum equal to Property Owner's
cost .for sewer improvements in the Easement of tt]~ 12902 block of Via Del Toro
Property Owner agrees that the hereinafter described' real property does benefit by the
'installation of said improveme,n!s, 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 saio loan in accordance with the
following terms and conditions:
Principal Obligation Not to Exceed - $24,387
Interest Rate on UnpaicfBalance- 3.91 % per annum
Number of Annual Equal Payments of Principal Plus Accrued Interest - Ten (10)
(Payable with Property. Tax Assessments)
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 6tiligationset 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, 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'~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 pa,yment in full of the full amciUnt 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 inuce 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 descripticin 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 apart hereof
. 10527 .
IN WITNESS WHEREOF the parties have execL[ted this agreement this
1st daYiof July 2005, at Poway, California.
Property Owner'
anc; s He 1 muth ,an
{Signature'Must beN
CITY OF POWAY, a Municipal Corporation
By'
L DianeiShea, C
City Clerk
This is to certify that the interest in real erty conveyed by the deed or grant dated
from to the City of Poway, a
political corporationanO/cfrrgpvernmental agency is fi by,accepted by the undersigned
officer or agent on 'behalf of the City Councilpursua.' _ to authority conferred by
Resolution No. 34 adopted on January 20, 1981, andtti rantee consents to
recor~ation thereof by its'duly'authorized officer
Dated: By'
L. Diane Shea, CMC, City Clerk
rn:\directorlliell.agml (lac
. 10528 .
CALlFORNIAALL.PURPOSE ACKNOWLEDGMENT
"
1
I State of California } ,
I 0_ ~ r--.., SSe 1
I County of ~ W'eeb I
I
On -:S'l.tt'i \ 1.o.co'5
Dale L
: personally appeared r run c. i So Md. I
I ' I
o personally known to me
~roved to me on the basis of satisfaclory I
[\ evidence
~ ~ - - _ .. .. _ ~ _ _ _ _ to be the person~ whose name(!!) is/llIill
18' SHERRI E,,'D, ,', W,ORR, Ell J subscribed to the W,i,thin Instrument and
I _' Commlsslon# 1'421698 acknowledged'to me'that ~ executed
I ~, ,... HotDIy PubliC. CauIOmia J the same in ~~Ir authorized
j 'SanDlegoCauntV f capaclty(~, and that by ~r/l!iElr
I ._,:_' _ ~~C1m"'.ElcPleo:;iu030:2007 , signatur~),on fhe instrumenf the person~, or I
I ,,' - - - - - -, - the entlfy upon behalf of which the persor(ll)
acted, execut~~"t.he-instrument.
;~:;nd~ I
f' Signatura of Notary Public I
I ,I
I OPTIONAL
Though the mformation below is not required'by law, it may prove valuabje to, ~rions re:1ying on the doclJment and could Grevent
fraudulent removal and reattachment of this 'forTi-'- to "C!nother document. ~
Description of Attached,Document
I TitleOrTypeOfDocument:~le.m (J~f 6/J\ p~ ~.
I ~-
Document Date: ' , " I. J ,{)1) ~ Number of Pages:
Signer(s) Other Than Named Above: ~ -P, ~ 11_ I
Capacity(ies) Claimed ,by Signer I
I
Signer's Name:
o lndivid.ual Top of thumb here
o Corporate Officer - Title(5):
o Partner - 0 Limited 0 General'
o Attorney,ln,Fact ,I
D~_ I
o Guardian'or Conservator
o Other I
Signer Is'Represenilng:
I 1
~ 1999 National Notary Association. 9350 Qe ~<)locAve.. P:O.'BO~ 2402: CnalSwortn. CA 91313-2402. WNW nationalnotaryorg Prod. NO.' 590r Reorder: Call Toll-Friie 1 800876-5827
. 10529 .
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EXHIBIT "A" TO
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
AP N. 275-314-09
LOT 31 OF VALLE VERDE ESTATES 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