Lien Agreement for Public Improvements 2004-1159393
., ,. .
'This,lnstrurilent tiled,tor record.:liCagO Title
Cumpanya" an accommooaTIon lJl y,:it has,nol ~ .-.~
"-- been examined as to .its execuTIun or as to its -
effecfupon \he~\ifie. DOC # 2004-11 59393
RECORDING REQUESTED.BY , 11111111 III 111111111111111 11111111111111; 11111 1111111111 11111 11111111
CITY OF POWAY DEe 09, 2004 11'00 AM
WHEN RECORDED RETURN TO' . . CiFFICI,o.L F:ECCiF:C"',
'I-':I.J,~"J [IjEI~[1 Ci:UNT'1 F:ECOF![IER'':, OFFICE
CITY CLER~ _<F,EI~~OR I .1 ':.MITH COUNT'I RECOR[IEF:
FEE:, (1,00
CITY OFPOWA Y F''::',GE':, s
POBOX 789 8~84 I~OOOOI~OOOOOOOOOOOOOOOOOO~~
~<z, POWAY, CA 92074
6f 2004-1159393
,~ APN ~275-303'04
0r
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and betweeR the CITY OF POWAY, a
municipal corporation of .the.State of California sOITl,e!imes" hereinafter Jeferred to as
"City," and Cyntli 1 a J. hereinafter referred to as "Property Owner"
lia I bra'l th
WHEREAS, Property Owrier and City have agreed .to the installation 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 properly 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; arid
WHEREAS, Property OWRer has' agreed to repay said monies lent to Property
Owner by City and tosE;cur{J said oqligation to repay s<J.icj loan with this Lien Agreement,
to beTecorded in Property OWner's chain oftitle, and
WHEREAS, the; insiallatio(l of said public improvements has been deterrT]ined to
be in-the public interest; and
WHEREAS, the loan of monies to Pr()perty Owner required to install said
improvements has been determined to be in the,publicinterest.
.
,- '. .
,
,
8585
NOW, THEREFORE, IT IS AGREED between the parties heretoas,follows:
Section 1 G::ity;s~alllo~n to Property Owner the surnequal tol?rop~rty Owner's
cost forseweF improvements in'the Easement of the 16300 block of Ave hid a Florencia.
Property Owner agrees that the hereinafter described real property does'b~rlefit by the
installation of said improvements. Property Owner agrees 'to repay said ban in annual
im;tallments to 'be added.to the,tax bill of that real property hereinafter described owned
by Property Owner Property Owner agrees to repay saio loan in accordance with the
followin!=j'terms and conditions:
PrinCipal Obligation Not to Exceed - $13,800 00
Interest Rate on Unpaid'Balance - 4 56% per annum
Number of Anllyal 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 up'on the' hereinafter described property 'in an amount not to
exceed the principal obligation s.et forth in Section I, plus any and all unpaid interest
which may accum'ulate'ir'l 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 wiih the terms and conditions ,jlereof 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 sLIm of said loan shall be
immediately due and payable upon the transfer of ownership .of said real properly 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 jlereunder, City shall
promptly upon demar:1d of Property Owner release the lien created hereby
Section 4 Upon dernand of Property Owner, if not in default hereunder, City
shall subordinate this lien to loans not exceeding eigh.ty 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 properly, shall create an equitable
servitude upon the real property, '9nd shall survive the'foreclosure of any deed of trust of
record as of the date of recordation hereof
Section 6 The legal description ()f the Te~1 [Jro[Jerly encumbered by the lien
created hereby is set forth in full on Exhibit "A" attached hereto and by this reference
made aparl hereof
'.
.. . .
i':
~ , 8586
IN WITNESS WIiiEREOF the parties hav~ executed this agreement this
.~ rJ...- day of November' 2004, at Poway, California.
Property Owner'
BY& ,.-1.. ~ l1e~
th i a J..lbr:aith
(Signature Must:be Notarized)
CITY OF POWAY, a Municipal Corpora
By'
'ATTEST
Bunch, Interim City Clerk
This is to certi~'that the interest in real property conveyed by the deed or grant d~ted
November 3, 004 from Cynth] a J. Galbrnth to. the City ,of Poway, a
political corporation and/orgbvernmental 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 thereof by its duly,authorized officer
Dated: November 10, 2004 By ~
nne Bunch, Interim City Clerk
~" "
-- . .
,
8587
EXHIBIT "A"TO
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
A. P N 275-303-04
LOT 12 OF VALLE VERDE ESTATES UNIT NO 1, INTHE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALlFORNIA,'ACCORDING TO MAP
_. .C --
rHEREOF NO 4185, FILED IN THE OFFICE OF THE COUNTY RECORDER
.oF SAN DIEGO COUNTY,c MAY 20, 1959
/
.' . .
.,
. ,
. 8588
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
,f,.o('~,(X',Q('..(5(.'.c<'.c<'A5<'.Q('.c<'ix:-.c<'vC<'..c<>,c(',(;('..o('..o('..C:(',.c(',-Qt~.o<'.c<'vG<'.c<'.c<""".c('.c<'...c<'-C<';C('.c<',C<,'.c<'..c<',.(X'.cr,C<'~M'..c<:'A:5-,~
"
, State of ca~ia , . } ss
,
County of, i'\ l)lt0 D
on\I.~ oq (.
Date
personally appeared
~erSOnallY known to me
. proved to me on the basis of satisfactory
Q SlIEUEf<:ol1N, , evidence
~. . Ca...~. #l446383B
~ .". NoIaIy I'IlIlIIc . CaIIIoIilliI! to be the person,(.8') whose name(~ is/~
Ian IlI8ijo county ;,,,'i;
Mv~ __Octal;2lIlI7 subscribed to the within instrument and
acknowledged to me that be7she/~ executed
the same in i:lj{7her/lj:leir,;(~
capacity(~ and that by s Ir
signature~n the instrument the person(>lf, or
the entity upon behali of which the person(-s')
acted, executed the instrument.
Place Notary Seal Above
,
,
, OPTIONAL
Though the information below is not-required by law. 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 Attached Document t . ~flUQ ~ -Por H. bl '
, Title or Type of Document: ) fr1 v 'Jl / /J., Ie :J:Ji.,l~ ~
Document Date: ~ I. ? . (5L( Number of Pages: 6
~ ,
, Signer(s) Other Than,Named Above: tJllt
~
,
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual .
Top ot thumb here
D Corporate Officer;- Title(s):
D Partner - D Limited D General
D Attorney'in Fact
D Trustee
1:J Guardian or Conservator
D Other' I
Signer Is Representing:
--:).:~
If) 1999 National Notary AssociallOn' 9350 De Solo Ave., P.O. Box 2402' Chatswor1h, CA 91313-2402 . www,nationalnotary.org Proo.No,5907 Reoroer: Call Toll.Free l-8OQ.876-6827