Lien Agreement for Public Improvements 2005-0710536
rhic?,R(lED AT T~E Il~Q.u~ST OF . 10509
CHICAGO TITLE COM~NY r")la 2005-07105'36
~,'UBDIVISION DEPT. _J\. _. i illlillll!1 !illl 1I!!1 11111 11111 11111 1111111111 1I11111111111111!1! 1111
RECORDING'REQUESTED BY ) P,UG 18, 2005 202 PM
)
CITY OFPOWAY ) r:FFIc.I"l.L Hi::.CuF:L -
) I~.':..l'; l.11t"I.iU cour'n I FiELC.iF:[ltFi..... I WFII-!-""
0<t WHEN RECORDED RETURN TO' ) Ci)~r:';i-IF ' ,I '~;t...~ITH [{II)I'Jr HEI.URLiI:F:
) rH..) -'IIIIU
F':"'ht.: "
r? CITY CLERK )
'J 1" !1..II~~OO~OO~~~lml
IV CITY OF POWAY )
POBOX 789 ) :1005-0710536
POWAY, CA 9207403D6'OI'13_t1.S). .- - -- -- u
APN - 275-370-02 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 thll ,Stelte of California sometimes' hereinafter referred to as
"City," and Curtis Johnson .and Georgiana Johnson, as Trustee of the Johnson Family
Trust hereinafter referred to,as "Property Owner"
WHEREAS, Property Owner and City have agreed to the installation of certain
seVlier improvements in the Easement of the 13006 block of Via Del Toro in PoWay,
California; and
WHEREAS, Property Ownerrepresents 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, Prbp~,rty'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 determinedtb
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 flied for record byChicagoTijle
Company as an' accommodation only. It has not
been examined as to Its execution or as to its
effect upon the tiUe,
. 10510 .
NOW, THEREFORE, IT IS AGREED between .the parties hereto as follows:
Section 1 City shall' loan to Property Owner the"su'm equal to Property Owner's
cost for sewer improvements in the Easement of the 13006 block of Via Del Toro.
Property OW[1er agrees tbat the hereinafter described ,real property does benefit by the
installation of said improvement~.Property Owner agreE?sto repay said loan in annual
insta)l,rnents to be added to the tax bill of that real property hereinafter described owned
by Property Owner Prop_erty" Owner agrees to repay said loan in accordance with the
following terms and conditions:
Principal,Obligaiion Not to Exceed" $20,937
Interest Rate on Unpaid Balance - 3.91% per annLim
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 obligatign '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 Qw:ner and ProRerty' Owner's heirs, successors, assigns, executors, or other
transferees in accordance with the terms and conditions hereof Notwithstanding the
agreement .of Hie parties for the repayment of said sum 'in annual installments to be
. '.
added to Property Owner's' t<lX bill, the entire unpaid sum of said loan shall be
immediately due and payable upon the transfer of ownershiRof 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 <I Upon demand of Property Owner, if not in default hereunder, City
Shall suborqinate this lien to loahs hot exceeding eighty percent (80%) of the fair market
value of the property encumbered hereby
Section 5 This agreementcandthe covenants, contained herein shall be binding
upon and inure to' the benefii':of the successors, heirs; assigns, executors, and other
transferees ,of Property Owner., shailrun with said r~al property, shall create an equitable
ser.vitude uP,9I1.the real property,;ahd shall survive the foreclosure of any deed of trust of
record as ofthe date.of recordation hereof.
Section 6 The legal description of. the reai 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
. 10511 .
IN W,ITNESS WHEREOF the parties have executed this agreement this
28th daybf June 2005, at Poway, California.
By'
CITY OF POWAY, a Municipal Corporation
By'
L. Diane Shea, CMC
City Clerk
This is to certify that thei.nterest in real prope orlveyed by the deed or grant dated
from ,to the City of Poway, a
political corporation and/or governmental agency ishereoy e ted by the undersigned
officer or agent on behalf of the City Council pursuant 't() rity
Resolution No, 34 adopted on January 20, 1981, and the grante
recordation thereof by its duly authorized officer
Dated: By'
L. Diane Shea, CMC, City Clerk
m:\director\lien agmt,cjoc
. 10512 .
CALIFORNIA ALL.PURPOSE ACKNOWlEDGMENT
[ I
[, I
State of California }
I County of ,~f\~~Clss:
.J
On 3"1l^e.;zt.,~5 before me, . ,[
Dalee. . 'n. Name,a.ndTllleofOffICer(e.g...JaneDoe, taryPubl<C")
personally appeared .ur-He;. Il~. ~PQ~~I")a. ,JohnS,lYJ J
a (so Igner(s)
1
o personally known to me
C!'i>roved to me on the basis of satisfactory 1
J~. '"': - ..- -'-''- - -. .-' - evidence
. ~D:WORREU
-' . . Commlsllon# 1421698 F to be the persorG'whose nam~s,@' 'J
_ "'~ 's;:, l'UbIIc ' COlilomJa ~ subscribed to the within instrument and
l_~ _ ~~.;~~~~~ ~~~no.:.I:~d t~nme~~~~:=~~~~~~::~ '1
. capaclty(~, and that by hlaIi'ref/t~r 1
signatur~onthe instrument the person~ or
1 the entity upon be naif of which the perso~
f acted; executed ,the instrument.
[, W ITNEss.mYhan~.d nd.officialseal. ,I
~..
", I
I Signalure of Notary PubliC
[
OPTIONAL
! Though the information below is not required by law, it may prove v~/uable' to persons relying on the document and could prevent I
(r8uduffmt removal and reattachment of this form to another,document.
Description of Attached)j~cument . ,I
Title or Type of Document: cAf{).:/L, ~)l p~ ~~
Document Date: C(jlA.J2.. Olt:OlQ)S Number,of Pages: ~
Signer(s) Other ThanNamed'Above::.au,M 10 f. C.o.:ba_~_
Capacity(ies) Claimed.by'Signer
Signer's Name:
1
D Individual Top of thumb here
D Corporate Officer - Title(s): I
1 0 Partner -'0 limited 0 General ,I
o Attorney,in,Fact
o Trustee
o Guardian.or.Conservator
[ 0 Other'
I
Signer Is Representing: I
-,. - .
@ 1999 National Notary Association' 9350 De Scto ,Ave., P.O. Box 2402' Chatsworth, CA 91313 2402' vvww_nallOnalnotary.org Prc<J. No: 5907 Reorder: Call Toil.Free 1-800-876-6827
. 10513 .
.
EXHIBIJ"A'; TO
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
AP,N,275-370-02
LOT 59 OF VALLE VERDE! ESTAl:ES UNIT NO 1, IN THE CITY OF POWAY,
COUNTY OF SAN DiEGO,S1ATE OF CALIFORNIA, ACCORDINGTO MAP
THEREOF NO 4185, FILED.:'IN THE OFFICE OF l'HE COUNTY RECORDER
OF SAN DIEGO GOUNTY, MAY 20,1959
I