Lien Agreement for Public Improvements 2005-0685890
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RECORDING REQUESTED BY ) AUG 10. 2005 4'59 PM
0~ ) OFFICI.':':'.L f-:t:CUF:[I'_
CITY OF POWAY ) ....::ii r.J!EI.10 U IUiJl', r:tel :hi"IFP,''=' UFfKt:
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WHEN RECORDED RETURN TO ) FEE'-. "'11111
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CITY CLERK ) 111111111111 IIIIIIIIIII!III 11111 11111 11111 11111 IIII! 111I1 1 1111111111111111111111
CITY OF POWAY ~()A11 )
POBOX 789 ) 2005-0685890
POWAY, CA 92074 ) (FoOL RecQr,<:ler's LJ~e ~_rily')
APN - 275-380"17
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
(NO DOCUMENT TRANSFER TAX DUE)
THIS AGREEMENT entered into by and between the CITY OF POWAY, a
municipal corporation oft!;1e State of California sometimes. hereinafter referred to -as
"City," and Beatriz GHuber, Trustee of Beatriz G Huber' Family Trust, hereinafter
referred to as "Property Owner"
WHEREAS,_ Property Owner and City have agreed t9 the installation of certain
sewer improvements in the Easement of the 12825 block of Corte Dorotea ill Poway,
California; and
WREREAS, Property Owner represents that Property Owner is the record owner
of that real propeity described in E!(hibit "A" attached hereto; and
WHEREAS, City has.loaned'to Property Owner monies equal-to the share of cost
of said improvements to be paid oyProperty Owner; and
WHEREAS, Prop~rty OIiVDer has agreed to rep?y 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
WR~REAS, the installation of'said public improvements has been determined to
be in the public interest; and
WHEREAS, the I()an of monies to Property Owner required to install said
.f improvements has been determined to be in the public interest.
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, <, 7 . . 26478
NOW, THEREFORE, ITIS AGREED between the parti('!s,hereto,asfollows:
Section 1CityshalLloan to Pr()perty Owner the'!1YDl equalt6,Property Owner's
cost for sewer. improvements in' the Easement of'the 12825 Corte Dorotea, Property
Owner: agrees,~that the' hereil1aft",rd.~scrjb_ed real property, does benefit by the installation
of said improvements. Property Owner agrees to repay saiq loan in annlJal installments
to be,.?dded tqtl:1e tax bi[loJ that real property hereinafter described owned by Property
Owner" Property Owner agrees1to repay said'loan in:accor,dance with the following terms
and conctitions:
Principal Obligation Not to Exceed - $30,639
lriterest Rate on Unpaid Balance- 3 91% per annum
Number of Annual Equ<;'ll, Pay,ments of Principal Plus Accrued Interest - Ten (10)
(Payable with Prope~V'TaxAssessments)
Section 2, As security .for the repayment of ~aid loan: Property Owner does
hereby grant to Qity a lien upon- the. hereinafter described property in an am~\lnt not ,to
exceed the principal obligatiol} .set forth in Section I, plus any and all unpaid interest
which iTlayaccumulate iilthe future upon said sum, Said lien shall be binding upon the
Property Owner and Property Owner's heirs, successors: assigns, executors, or other
transferees inaccordance..withthe terms and concjiti()n!; ,hereof Notwith-standiilg the
agreement of the parties fort,he iepayment of said 'sum :in'annual installments to be
added, to Property Owner's tax bill, the entire unpaid sum of said loan shall be
immedii3teJV due arid payaBle upon the transfer of ownership of said rea} property by
Property' Owner if said real property has been improved with the construction ofa
residencethefeon,
Section 3, Upon payment in full of the full amount due hereunder, City shall
promptly upon de-mand of'PropertyOwner release the lien created hereby
Section 4, Upon demand of Property Owner, if not in default hereunder, City
shall subordinate this. lien 'to 10iln-s not exceeding eighty percent (80%) of the'fairmarket
value of the property encumbered hereby
SectionS. This. a9reement.:and the covenants contained herein shall be binding
upon .and. inure to the .benefit ,of the successors; heirs" assigns, executors, and other
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transferees:.6fPfc5perty Owner, shall .run with said real. property;shallc:reate an e<:1uitable
servhyde lJpqn:th,Elj.eiltpropedy, and shall surVive the'foreclosure,of any deed of trust of
record asofthe date;of:recordation hereof.
Section 6 Th~ legal dei;;cription of the real property encumbered by the lien
creatednereby is set forth in full on Exhibit "A" attached hereto and by this 'reference
made a part herElof
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26479
~~VVITNESS . th.e parties have: exec~Md this agreement this
. day of 2005, alPoway, California,
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By.
(Signature Must be Notarized)
CITY OFPOWAY" a Municipal Corporation
By'
"ATTESt
"
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L, Diarie,Snea, CMC
, "
City Clerk "
,
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This is to certify that thE;--interesl'in real property conveyed by the deed or grant dated
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from~ . to the City of Po~ay; '!
political corporation and/(J' govo/Q~ental agency is here~y\~ttepted by the undersigned
officer or agent. on behalf. of ,the'-.,City Council pursuaQt II) authorityconfer,ed by
Resolu.tion Nq 34 acjoJ]tedonJanuaG' 20, 1981, and the grantee consents to
recordation thereof by iis duly authorized officer
Dated: By'
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, · · 26480
CALlFORNIA,ALL,PURPOSE ACKNOWLEDGMENT
,
State of California } ,I
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1 County of ,a .u~() I
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[personally appeared
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D personally known to me
!)iCproved to rne on the basis of satisfactory I
evidence ,~
, - ..;. -'..... ... -
-~. . SHERiie;;,io -. - - to b-e the persl?n~ whose name($') @are
_.', ' cOinm, ",1SiiO ~'#,' n:;f~~8 J sUbscrib,ed to the w, ithin in,strument ,and
Nolary,Public,..CcilifOrnia ~ acknowledged to me that Re~/tlley executed
'. 'sa" Diego County?' the same In ....~/HTe" authorized
[ ,. MvCanm,&poe.JunJO 2007 capacity(-ie<>t,,~nd that by hisJ(j)-/tMmr
- , , - - ' signaturelel onthemstrumenUhe person~, or
the entity upon behalf of which the persontsi
acted. executed the instrument.
WITN, ESS ~Yhan~,O 'cia I seal.
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I SignalureofNolaryPublic )
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[ OPTIONAL
Though the information below is not required by iaw,.iff!1ay prov.e va/uableto persons:relying on the document and could prevent 'J
fraudulent removal and reattachment of this form to another document. I
Description of Attached Doc!Jment I
Title or Type ofDocurnentcA lO-1'l a...q-w- ff'-.p~ ~~' I
I Document Date: ~, ~l, ::>.-OO!::. Number of Pages: 1-
I Signer(s) Other Than Named Above:,
Capacity(ies) Claimed by Signer [
I
Signer's Name:
f
o Individu_al Top of thumb here I
D Corporate Officer - Title(s): 1
U Partrier'--DUrilited D General
o Attorney-in-Fact
O~_ I
o Guardian or,Conservator
o Other ,I
1
Signer Is Representing:
@1999NalionaINotaryAss<;>ciallOn'(1350 De SOI~Ave.. r.o, ~<;>x 2402' C"hatsworth, CA 91313 2402' www,oationalootary_org Prod, No. 5907 Reorder: Call Toll-Free l-BOO-B76-6827
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26481
m:\directC?~\1ien agrnLdoc
EXHIBIT "A" TO
LIEN AGREEMENT FOR PUBLIC IMPROVEMENtS
A.P.N.275-380-17
LOT 90 OF VALLEYE~qE E:.STATES UNI,T NO 3, iNTHE CITY OF POWAY,
- ' ' .
COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, ACCORDINGTO MAP
THERE0FNO 4933, .FILED fN'THE OFFICE OFTHE COUNTY RECORDER
OF SAN DIEGO COUNTY, MAY,21, 1962,