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Lien Agreement for Public Improvements 2004-1159391 ~ .. Jhis Instru,rnemfiled for r~~ly Chi~ago'Ti~e . " -~- , ; _ Company,asanaccommoda" I only: It tias not lieenexamined as toitsexecuiiun or as 10 its DOC# 2004-11 59391 .effect upon'the,Me. 111111111111111111111111111111111111111111111111111111111111111111111 RE'CORDING REQUESTED BY CITY OF pbWAY DEe 09, 2004 11 '00 AM WHENRECQRDEDRETURN TO' UFFICl.oL F:Ecom,", iD,N [IIEGu cnUNT'1 RECDR[IEFi", OFFICE l_iF1EL~I]R\, ..1 :.MITH U:H 11'11' I F:EUJF:[IER CITYC;LERK ~C?1~ FEE':I [1,00 F'<.:..l1E':, 5 CITY'0F POWAY 11111111111111111111111111111111111111111111111111111111111111111111111111111111 P 0 BOX789 ,~<b POWAY, CA 92074 200'4~115939,,1 6? ~~ APN - 275-302-08 LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT entered into by and between the CITY OF POWA't, a mLJnicjpal corporation of the. State of California sometimes, tiereinafter referred to as "City,';and Ian .Yee Yang Han hereinafter referred to as "Property Owner" WHEREAS, Property 0wnerand City have agreed to the in,stallation of certain, sewer improvements in the,Easement of the 16300 block of Avenida 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 be paid by Property Owner; and WHEREAS, Properly 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. ,. . . , 8575 NOW, THEREFORE;,IT IS:AGREED between the'parties hereto as follows: Section J City shall loan to Property Owner the sum :equal to Property Owner's cost fOr sewer',improve'merits, in tHe Easement of the 16300' block of Avenida Florencia. Property Owner agrees that the hereinafter described real property doe~ benefit by the installation of said improvements, Property Owner'. agrees to repay said loan in annual .insti,!,1!ments to be added to,th5l tax bill of that r~al'pcop~rty hereinafter descrLbedowned ,by Property Owner Property. Owner agrees torepay"said loan in accordance with the fOllowing'terms and conditions: Principal Obligation Notto Exceed - $18,800 00 'Interest Rate on Unpaid Balance - 4,56% per annum Number of Annual Equal Payments of Principal Plus Accrued Interest -Ten (.10) (Payable with Property Tax fl.ssessments) 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 obligaticinset forth in Section I, plus any and all unpaid Interest which may, accumulate in the fLJ!ure upon said sum. Said, lien, :,;hall be binding upon the Property Owner and PropertY'Owner's heirs, successors, assigns, .executors, or other transferees in accordance' \(\lith \he terms and conditions hereof. Notwithstanding the agreement of the parties 'for the repayment of said sum in annual installment~ to be added to Property Owner's tax bill, the entire unpaid s'um of said loan, shall be immediately due and payable up,on the transfer of own~csbip of said real prope,rly 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 amountauehereunder, City shall promptly upon demand of Property'Owner release the lien"created hereby Section 4 Upon gerna.@<:l of Property Owner, if not in default hereunder, City shall subordin'ate this lien to loar:ls 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 l!poD. 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 equit~ble servitUde upon the real,property, and 'shall survive,th'e '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 apart hereof ,,' . . ~ , 8576 IN WITNESS WHEREOF 'the parties have executed this agreement this 3rd day.of NOYEll1lber-2004, at Poway, California. Property Owner' 8'-6,1. ~ (Signature Must be Notarized) CITY OF POWAY, a Municipal Corporation By' A TIESI' e Bunch, Interim City Clerk This is to certify that the interest in real property conveyed by the deed or grant dated November 3. 2004 from, Ian Yee Yang Han to the City of Poway, a political corporation ana/or governmental agency is hereby accepted by the undersigned officer or agent on beha,lf of the City Council pursuant to authority conferred by Resolution No 34 aaopted on January 20, 1981, and the grantee consents to recordation thereof by its duly authorized officer Dated: Nay. 10, 2004 By' . -, '. '. , 857'7 EXHIBIT "A" TO LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS AI?N.275-302"08 LOT 29 OF'VALLE VERDE ESTATES UNIT NO 1, IN'THE CITY OF POWAY, COUNTYOF SAN DIEGO, STATE OF CALlFORNIA,P,CCORDING TO MAP THEREOF NO 4185, FILED IN THE-OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 20, 1959 . . . 8578 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT "". ~ ,__.('j('.('j('-<X~,(X',(X',(X',(X'.<x'~.&;'~~.<x'''''''''''''''''''''dX',(X'''''~ State of California } & tJ' ss, County of ' 'f) \e3D On Nov 3. (~;OC}.L_, before me, Ie. Ii c.. Dale Name and Tille of Officer (e,g., Jane oe, Not y Public") personally appeared '3:aC\~ee.\}a~~ Name(s\ of Signer(s) ~ , o personally known to me S proved to me on the basis of satisfactory 1- - - -' - - :.. - - - -' - ~ evidence . SHERIllE D. WORREU - . . eom_#1421698 i -4 NoiarvPublic. Cafnomia ~ to be the personi1l whose name.!!>) @are San DIega County - subscribed to the within instrument and j ,Mv'"-n.Exp/resJui130.2007f acknowledged to me that IQ/sl'leiiney executed I ,- - - - - - -- - - -- - -- the same in .6S/hefftneir authorized , capacity(ie5), and that by JgJ:ll/herltheir , signatureleTon the instrument the persorlts), or , the entity upon behalf of which the personfeT " , acted, executed the instrument, , WITNESS my hand and official seal. ~ ~.!~p t(1 }HOOf2 ~ Place Notary Seal Above SlgnatureClf Notary PubliC ~ , OPTIONAL Though the information below is notrequired by faw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. , , , Description of Attach~ Document ~ Mi " Title or Type of Do cum en. IQA. ~ (1 (", ~r!/J-e~ ~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual Top of thumb here , D Corporate Officer - Tltle(s) ~I D Partner - D L,mlted D General D Attorney In Fact' D Trustee -I r D Guardian or Conservator I' D Other " , ~ L::~::::::~w~~w~w~~~~~~w~~~~~~~~~w~~~w~~~~~J @1999Natiol1aINotaryAssociatiol1"9350DeSotoAve..PO. Box 2402" Chalsworth. CA 91313-2402 'WW\V,flaliol1alflol'lry,org Prod. No, 5907 Reorder: Call Toll Free 1 8008766827