Lien Agreement for Public Improvements 2004-1159389
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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
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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.
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. 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
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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:
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8567
CALIFORNIA ALL.PURPOSE. ACKNOWLEDGMENT
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State of California }
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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
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. .. 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. ,
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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:
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(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
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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.