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Lien Agreement for Public Improvements 2005-0710538 10520 DC. # RECORDED ATTHE R.T OF 2005-07'1 05:38 CHICAGO TITLE CO NY SUBDIVlslONDIEPT i 11111 ill 111111111111111111111111111111111//1111111111111 1111/111//111 , , RECORDING REQUESTED BY ) .AUG 18, 2005 202 PM , ) ,..,' ~. ~- CITY OF POWAY ) DFFWI."I_ F:ECOhCI( ) .~:J L :r::I~~Ci tllllr.n I h!:. IJIH [I t" F; "_, ;-i~"FIL[ WHEN RECORDED RETURN TO' ) 1_,F:[I~lli~;"1 .1 ':,r,,.1!"1 H. 1_'!]III.n-', F:EIIIR[tEr-; FtE., c.l,iji ~ ) F'~,i.:1r'l 5 CITY CLERK tI: ) iilliiillliIIIWIIIIII!!!Illlllllllili!/IIIIIIIIi!!lIil!II!!I!I!!!IIII!III!IIII CITY OF POWAY f ) POBOX 789 .5 vi) 2005-0710538 POWAY, CA92074 _' I) \1 VI 1.'>.;..'-''-'1........., ........,....'W ......"J'J '5:~()6 D1Q3-U0J. APN - 275-303-01 No Document Transfer Tax Due LIEN AGREE,MENT FOR PUBLIC IMPROVEMENTS THIS ~GREEMENT entered into by and between the CITY OF POWAY, a municipal corpor~tion of thE'; State of California sometimes hereinafter referred to as "City," and Kenneth,Seuberling and Evelyn Warner, Husband and Wife, as Joint Tenants hereinafter referred to as "RropertycOwner " WREREAS', Property Owner and City have agreed tei the installation of certain sewer improvements< in the' Easement of the 12927 block of Via Del Toro in Powa'y, 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 paio by, ProRerty 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 PropertyOwner!s"chain of title; and WHERE!'S, the installation of said public improvernents has been determined to be in the public interest; and WIjEREAS, the loan of monies to Propeo:y Owner required to install said improvements has been determined to be in the public inte'rest. This Instrument filed for record hy Chicago Title 'CompaDY as an accommodation .only. It has not been examined as to its execuMn or as to Its effect upon me title, . 1052:1 . NOW, THEREF.ORE, IT IS AGREED between the parties hereto as follows: Section. 1, City shall .loan to Property Owner the sum.equal to Property Owner's cost for sewer improvements in the Easement of tile. 12927 block of Via Del Toro, Property Owner agrees that the hereinafter described real property does benefit by the installation of said improvements. Property Owner C1gre!3s to repay said loan in annual installments to be added to the tax bill of that real property hereinafter described owned by Property Owner ProP13rty Owner agrees to repay said loan.in accordance with the following terms and conditions: Principal Obligation Not to Exceed - $24,962 Interest Rate on Unpaid Balance - 3.91% per annum Number of Annual Equal:Rayments 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 obligatio!) ,set. forth in Section I, plus any and all unpaid interest which may accumulate in the'future upon said sum. Said lien !jhall be binding upon the Property Owner and Property Owner's heirs, successors, assigns, executors, or other transferees in accordance with the terms and conditions: hE?reof Notwithstanding the agreement of the parties for the. repayment of said sym in annual installments to be added to Property Owner'~ tax bill, the entire unpaid sum of said loan shall be immediately due .and pay,ableupon the transfer of ownersnip of said real property by Proper-ty 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 10(lnsnotexceeding 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 transf!,rees of Property Owner, shall run with said real property, shall create an equitable servitude.upqn the:real properlY, and shall survive the foreclosure of any deed of trust of record as of the date ofrecordation hereof Section 6. The legal description 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 a part hereof . 10522 . IN, WITNESS WHEREOF the parties have, executed this agreement this Ist daY''of July 2005, at Poway, California. Property Owner. By. e.-./ CITY OF POWAY, a Municipal Corporation By' L. Diane Shea, CMC City Clerk This is to certify that the,interest in real property conve from the City of Poway,a political corporation and/or governmental agency is hereby accepted e undersigned officer or agent on behalf of ,the City Council pursuant to authority erred Resolution No, 34 adopted on January 20, 1981, and the grantee conse recordation thereof by its duly al:lthorized officer. Dated: By' L. Diane Shea,CMC, City Clerk I I , m:\director\lien agmLdoc I I . 10523 . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT " I I State of California } ss, County of St1(\ [)i~('., On ~L{ I,.{)rn S before me, Sh ..-t. I Dale K Name and TIUeQl Officer (e.g., "Jane personally appeared e.1"I('\~ <3eu. b€('ll~ o./\.J 2Vp. h..,r. I I Na s( ofSlgner(s) I o personally known to me 4-proved to me on the basis of satisfactory evidence ta~~'\ to be the perso~ whose nam~ is~ ,I subscribed to the within instrument and ,I I NollIrY PublIC ' Call1omlO - acknowledged to me that he/she/they executed 1 , Ian DIegO countv, =i the same in his/her/t@ authorized capacity~ and that by his/her@ I , t. _:. ~~_~~30.: . signatur 'on the'instrument the perso~, or [ the entity upon behalf of which the perso~) I acted, executed the. instrument. ,I ,I [ JJJZan~ .1 [. - . a ~ Signature 01 Notary Public I I OPTIONAL Though the information below is not required by law, it may prove '/a/vable /0 persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ,I I Description of Attached Document I I litle or Type of Documentd~ . 0 ~ l-1J't P1 JJ~" UrlfMr [ [ Document Date: ~ I .,,:)..()() 5 Number of Pages: ,I I Signer(s) Other Than Named Above: ~() lOP-. C o:J~ I ,I [, Capacity(ies) Claimed by'Signer 1 , Signer's Name: I 1 o Individuai TopOl thumb here I o Corporate Officer - Title(s): I o Partner - 0 Limited 0 General o Attorney'in,Fact I o Trustee ,I I o Guardian or Conservator o Other I I , Signer Is Representing: I ,. I " 1\:1 1999 National Notal)' Asso~ial'on . 9350 Oa Soto Ava.. P.O, ~O~ 2402' Chntsworth, CA 9131 3.2402' www,nationalnotary,org Prod. No. 5907 Reorder: Call TolI.Frae \.BOo.-876.6827 . 10524 . EXHIBIT "A" TO LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS A.P,N,275-303-01 LOT 10 OF VALLE VE~DE ESTATES UNIT NO 1, IN THE CITY OF POWA Y, 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