Lien Agreement for Public Improvements 2005-0710538
10520 DC. #
RECORDED ATTHE R.T OF 2005-07'1 05:38
CHICAGO TITLE CO NY
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RECORDING REQUESTED BY ) .AUG 18, 2005 202 PM
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POBOX 789 .5 vi) 2005-0710538
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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
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, m:\director\lien agmLdoc
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. 10523 .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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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
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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
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[ JJJZan~ .1
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Signature 01 Notary Public
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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
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[ Document Date: ~ I .,,:)..()() 5 Number of Pages: ,I
I Signer(s) Other Than Named Above: ~() lOP-. C o:J~
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Capacity(ies) Claimed by'Signer 1
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Signer's Name: I
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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
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, Signer Is Representing: I
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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