Lien Agreement for Public Improvements 2005-0710537
10514 .
I'lECORDED AT THE REQlJ.F I 2005-0710537
CHICAGO TITLE COMh, , DOvY
SUBOIVIS lor" DEPT. :11111111111111111111111111111111111111111111111111111111111111111111
1
RECORDING REQUESTED BY ) 1
) r AUG 18, 2005 2:02 PM
CITY OF POWAY ) OrFICl.oL RECORDS
) ').':':"1'; DiEGO COUNTI RECOH[IEFI":, OFFiCE
WHEN RECORDED RETURN TO' ) I GF:ECiCiH'1 ,I '~t.,1ITH COLlIH'I RECLIR[IEFI
) FEfC, 2'J 00
I F'LI,GE':, F
CITY CLERK (~) 1llIllilillil~IIUIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111
CITY OFPOWAY ~ )
POBOX 789 ~ ~'\) , 2005-0710537 I
,
POWAY, CA 92074 \ ) . - -- --- --- - --- - "J r" .1
83050 1'1:3. U S C)- , .~!
APN - 275-370-14 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 the State of California sometimes hereinafter referred to as
"City," and Robert T Kohler and Christine S. Heath, Husband and Wife, as Joint Tenants
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 13005 block of Corte Susana in Poway,
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 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 improvements 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 flied for record, by Chicago Title
c'ompanyas an accommodation only, It has not
been examined as to ITS execution or as to its
effect upon the ti~e,
. 10~15 .
NOW, THEREFORE, 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 the 13005 block of Corte Susana,
Property Owner agrees that the hereinafter described real property does benefit by the
installation of said improvements. 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 Properly Owner Property. Owner agrees to repay said loan in accordance with the
following terms and conditions:
Principal Obligation Not to Exceed -$23,812
Interest Rate on Unpaid Balance - 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 obligation 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 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's 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 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 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 inure 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 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
. 10516 .
IN WITNESS WHEREOF the parties have executed this agreement this
28th day, of June 2005, at Poway, California.
Property Owner- 2. M.t
~ 'Ii ".
By' d fZ.
Christine S. Heath and Robert T, Koh,ler
(Signature Must be Notarized)
CITY OF POWAY, a Municipal Corporation
By'
Ii.
L. Diane Shea, CM
City Clerk
This is to certify that the interest in real pr conveyed by the deed or grant dated
from to the City of Poway, a
political corporation and/or governmental agency is her accepted by the undersigned
officer or agent on behalf of the City Council pursuant authority conferred by
Resolution No. 34 adopted on January 20, 1981, and the
recordation thereof by its duly authorized officer
Dated: By'
L. Diane Shea, CMC, City Clerk
m:\director\lien agmtdoc
. 13517 .
CALIFORNIA ALL,PURPO'SEACKNOWLEDGMENT
- - - - - . - -
State of California } ss.
3a...l\ D"l?O'?\ 1
County of
On :r, U'I e ~ a-. .a'O"'3
Date
personally appeared t 'T.
o personally known to me I
r$-proved fa me on the basis of satisfactory
evidence
ii~f~-J to be the persor@Whose narn~is/~
" ... c..._."C,...
l7-~,~'~~~;I subscribed to the within instrument and
acknowledged. to me fhat ~@ executed
the same in rn&her~ authorized I
capacity(~ and that by Aisfher/t~
signature on ,the instrument the persorl(S) or
the entity upon behalf of which the person(Sl
acted, executed the instrument.
WITNESS rny hand and official seal.
'-.)Jv.JjJ "0 IJu louuJ2jJ
S'gr'lalureol NOlary Public
OPTIONAL
Though the information below IS not required by lal1: it may prove valuable to persons relying on the document and could prevent I
fraudulent removal and reattachment of this form' to another document.
Description of Attached Document
TItle or Type of Docurnent:rRlQ'~ ()~; t.. ..Jh.p.1~
DOCUmentDate:~ .Qt.~S Number of Pages: ~
Signerls) Other Than Named Above: .11l.J.t.JvJ ~ 12 f, GIJ t1 crn-o...-- 1
1
Capacity(ies) Claimed by Signer
Signer's Name: 1
. 1
D Individual Top ot thumb here 'I
D Corporate Officer - Title(s): )
D Partner - D Limifed D General
D Attorney.in.Fact ,I
D Trustee
D Guardian or Conservator
D Other'
Signer Is Representing: 1
1
Q 19~ Nauonal Notary I\ssociabon. 9350 De Soto Ave" P.O. 80~ 2402 Chatswol1h, CA 91313.2402' www.nalionalnoldry,org Prod,No.590? Reorder: Call Toll Free 1.800.876.6827
. 10518 .
EXHIBIT "A" TO
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
A.P N 275-370-14
LOT 71 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
. 10519 .
NOTARY SEAL CERTIFICATION
(Government Code 27361 7)
I CERTIFY UNDER PENAL TV OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS.
Name of the Notary-~eniQ., \), WOW ~1\
Commission Number' \ 41Awcti Date Commission EXPiresJ(J\\ '2Jl, 7AH1
CO""ty Whem Bo"' ;, FUed, ~ ~\,
Manufacturer or Vendor Number' ~
(Located on both sides of the notary seal border)
Signature:
Name (if applicable)
Place of Execution. San Dieq() Date: ~ f@ Ot5
I I
Rec. Form #R1O.1 (Rev 6111103)