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Lien Agreement for Public Improvements 2004-1159389 '. ;'{' ~~. Th;~ lilstiumentflled'fOr,.DY ChicagciTi~e DOC # ~004-11 59389 , , Compim}i'as a~.ac~omrr,odafiOnonly:.lthasnot been examined.ase.to its execution oreas:to Its ) 11111111111 \1111 11\\\ 111111\11\ 1111\ \\1111111111111 111111111111\\ \nl ~~t ~on the .fibe ~ECO ,. .. I G REQUESTED BY ) DEe 09, 2004 11'00 AM CITY OFPO\j\lAY ) ) uFFICI.'".L RECOF1[1'_, WHEN RECORDED RE'[URN TO" ) S.c.,t',l [IIEC;U DJUNTI F:ECOR[IEF:"; OFFICE ) CiF:EGORI ,I SMITH COlltH I REIJIF:[IER FEE", 0.00 CITY CLERK ) P.:.:..I.:iEc, c, CITY (WPOWAY ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111 POBOX 789 8\64 ) (<b POWAY, CA92074 ) 2004"1159389 '5f ARN -'275-302-06 \'W~ \c, LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEME~J entered }nto by and between the CITY OF POWAY, a municipal corporation of the State of California sometimes hereillafter referred to as ':City," andHel en Ann Jones hereinafter referred to as "Property Owner" WHEREAS, Property Owner and City have agreed t6 the installation of certain sewer improvements in theEasement'of the 16300 block of Averiida Florencia 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 bepaidbyProperty 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 Agre.ement to be recorde.d 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. t ,I' ~ . . . 8565 NOW, THEREFORE, IT IS,AGREED between thepartjes hereto as follows: Section 1 City shall loan,to Property Owner th.e sum..equal to Property Owner's cost for sewer improvements in the Easement orthe 16300 block of Avenida Florencia. 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 t~ be addeg to the tax bill of that real property hereinafter descdbed owned bY Property Owner Properly Owner agrees to repay said loan in accordance with the followingterms.and conditions,' Principal Obligation Not to Exceed - $15,800.00 Interest Rate on Unpaid Balance - 456% 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 Iien~pon the hereinafter described property,in an amount nor to exceed the principal obligation set forth in Section I, plus any and all unpaid interest which may accymulate in the futUre upon said sum. Said lien shall be binding upon the Property Owner and Property Owner's heirs, succe~sors, Cissigns, 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 PropertyOwnEir's tax bill, the entire unpaid sum of said loan shall be immediately due cmd payable ypon the transfer of o~nership 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 ,iri full of the full amount due hereunder, City shall promptly upon demand of Property' Owner release the, lien created hereby Section 4 Upon der,mmdof 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 ypon and inure to the benefit of the successors, neirs, assigns, executors, and, other tra.nsferees of'Property Owner, shall run with said real property, shall create an equitable seivitude,upon the real property, and shall survive the foreclosure of any de€ld oftruSt 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 .. .: . , . .. 8566 IN WITNESS 'ijHEREOF the parties have eX13cutea this agreement this 2nd day 6fNbvember 2004, at Poway, California. Property Owner' By Helen Ann Jones (Signature Mustbe No CITY OF POWAY, a Municipal Corporation By' ATTEST This is to certify that the interest in real property conveyed by the deed or grant d'!ted November 2 , 2004 frqm Helen Ann Jones ,to the City of Poway, a political corporation and/orgovernmental agency is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No 34 adopted on January 20, 1981, and the grantee consents to recordation thereofby its dUly authorized officer Dated: Nov. 10, 2004 By: -. . . . 8567 CALIFORNIA ALL.PURPOSE. ACKNOWLEDGMENT ':(':-=- ;.CC',(';:(.'.c<'.cC.c<'~.e<',.c<'.Q1ft..c0if.c<'.c<'..c<'~..c<'.c<'.c<'vC<'.c<'-c<'-C<'-d<'...c<:'-&-C<'k;<:'.c<:'.c<:'.c<:'-C<;',C'C.c<',O<'-.c<'..c<'>C<'~ " State of California } % D ss. County of c. n I e <3 0 OnUov ,;).COrY:tt ,before me, S Date Name and Title of Officer (e,g., personally appeared t\ele() An C\ J"oC\e ~ Name(s) ofSigner(s) ~ , D personally known to me ~ , $('proved to me on the basis of satisfactory I evidence 1- ... .....,.... '... - - - - - - - ~ '," ' """ .., . 8IllIIIllE D. WORREll to be the personl"') whose name~"",~ .., , . Commlslion "1421.69,8 subscribed to the within instrument and i -., Pub8c - CalffomJa ~ acknowledged. to me that ileJ~Jthey executed t . Ian DIego Counly t the same in -msJ~tF>eir authorized . M!/Comm:ElcpiI<lsJun30, 2007 capacity(~), and that by ~JlIleir .-- ,- - - - - -- - - - - - . .. signaturef,;)on the instrument the perso~), or the entity upon behalf of which the personfs) acted, executed ,the instrument. WITNESS my hand and official seal. , "" JA 1)./-4. t.fJ O/l:AJu..tlf' , Place NotAry Seal Above Signature cf Notary Public OPTIONAL Though the'information below is not required by taw. it may prove valuabie to persons relying on the document and could prevent fraudulent removaf.and reattachment of this form to another document. Description of Attached Q.oc!lme~ ~ ~ ~ Title or Type of Document: 6I!\'L0t....., 1- If':w . fY1~ 0",- -b-, Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual Top ~f thumb here , 0 Corporate Officer - Title(s): , 0 Partner 0 Limited 0 General IJ Attorney in Fact o Trustee o Gu?rdian or Con,servator o Other' Signer Is Representing: , I IN ~'QV'QV'g;,:,,=,v'C<,}'<.;(;;.~~'g;..~'GV~~~~'(";'(;;~<;;~<';''g.;,'9V'CC'<.;(;;.^c(''~'t.X,;.'t:X>'9<;.'g(..^gV''9.-~'(.;.(...'C(;.'C(..'0V'C.X;:.'C<:,'g;.'9'~c (91999 National Notary AssociatIOn' 9350 De Soto Ave.. P.O, Box 2402' Chalsw'lrth, CA fl1313.2402 . www.nalionalllolary.orgPlOd.No. 5907 Rellrder, Call TolI.Fiee 1 800.B76-6627 " , . . . , '. , . . 8568 EXHIBIT "A" TO LIEN ft;0REEfy1ENT FOR PUBLIC IMPROVEMENTS APN 275-302-06 LOT 27 OF VALLE VERDE ESTATgS UNIT N01;./INTHE CITY OF POWAY, COUNTY OF SAN DIEGO,.STA:rE,OF CALIFORNIA, ACeORDING TO MAP THEREOF NO 4185, FILED IN THE OFFICE OF TI';lECOUNTY RECORDER OF SAN DIEGO COUNTY, MAY 20, 1959.