Lien Agreement for Public Improvements 2004-1159390
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RECORDING REQUESTED BY :/111111111111111111111111/ 1111/ 1/1111111/1/111 11111 11/11111/11111 /II/
CITY OFPOWAY DEe 09, 2004 11'00 AM
WHEN RECORDED REJ'URN TO iJFFlnL.l,L RECDF:[IS
'j',11 ['iEGCI COIII'IT', F:ECClm'ER"', OFFWE
bF:EbiJR', .1 ~:;MITH CiJUNT'r F:ECUR[rE-F:
CITY CLERK FEE,:, n 00
F'u.GE'; 5
CITYOF POWAY 1111111111111111111111111111111111111111111111111111111111111111111111110111111
P 0 BOX]B9 . -.
POWAY, CA 92074 8'69
~~ 2004,,115~390
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APN - 275-302-07
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LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a
municipal corporation 9f !he"'State of California sometimes hereinafter referred to as
"City," and Lynne Currier hereinafter referred to as "Property Owner:"
WHEREAS, Property'Owner and City have agreed to the installation of certai!l
sewer imp.rovements in,the Easement of the 16300 block,of AvenidaFlorencia ,in Poway,
California; and
WHEREAS; PropeflY Owner represents that Property'Owner is the record owner
of that real property described in Exhibit "A" attached hereto; and
WHEREAS, City has IO,~r:1edto Property OwnerlJlonies equal to the share of cost
of said improvementsto,be paid by Property Owner; and
WHE~EAs, 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 illstallationof said public improvements has been determined to
be in the public interest; and
WHEREAS, tile iOCin of monies to Properly Owner required to install said
improvements has been determined to be in the public interest.
"
,. . .
. 8570
NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
Section 1 City,shallloan to Property OwnerthEl,s.umequal to Property Owner's
cost for sewer improvements in the Easement of the' 16300 block of Avenida' Florencia.
Property Owner agrees that the hereinafter describea real property does benefit by the
installation of said improvements, Property Owner agrees to repay said,loanin annual
installmeriido be added to thEl't"!x bill of that real property hereinafter described owned
~y Property. Owner Property Owner agrees to repay said loan in accordance with the
foliOwing. terms and conditions:
Principal Obligation NoHo Exceed - $16,300 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 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. Saia lien shall be binding upon the
Property Owner and Property; Owner's heirs, successors, assigns, executors, or other
transferees in accordance witllthe terms and conditions hereof Notwithstanding the
agreement of the parties for the repayment of said sum ,in annual installments to be
added to Properly OwnEir'.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 r,eal prope'rty has been improved with the construction of a
residence thereon.
Section 3 Upon payme[1t in full of the full amount ,due hereunder, City shall
promptly upon demand ofp'roperty Owner release the lien created' hereby
Section 4 Upon demand of Properly Owner, 'if not in default hereunder, City
shall sub()rdinate this lien.to loans not exceeding eighty percent (80%) of the fair market
value of the property encumbered hereby
Section 5 This agreE<ment and the covenants contained herein shall be binding
upon and inure 'to the benefit o( the successors, heirs; assigns, executors, arid other
transferees .of Property Owner, shall run with.said real properly; shall create an equitable
servitude.ufJon the real propert)', 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
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8571
IN WITNESS WHEREOF the parties have e~ecuted this agreement this
2nd day of November 2004, at P6way, California.
Property Owner'
By' d?~j\t{ {LG~~
lynne C~r,ier .
(Signature ustbe Notarized)
CITY OF POWAY, a Municipal Corporation
By'
ATTEST
This ,is to certify that the interest in real property conveyed by the deed or grant dated
November? ?004 from I ynnp rllrr;pr ,to the City of Poway,. a
po,litical corporation and/or governmental agency is ,hereby"accepted by the undersigned
officer or agent on behalf .01' the City Council pursuaht 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
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&112.. -
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California }
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County of -....:>ClC\ 11"'80
On ~\l ~.~oDLI_, before me,
Date Name and Title of Officer (e.g., "Jane oe. tary Public")
: personally appeared ~ "fie. ell rrl e ('
I' Name(slofSigner(s)
, [J personally known to me ~:
, ~ proved to me on the basis of satisfactory','
I ~ ~ -, - -: _ __~, _, _ ,_",_ _ eVIdence -I
@ SHBlIll! D.WORREll , '
" . . CommISllon# 1421698 to be the person.\>l1 whose name(:>l llSlare
r .. ,'~~, 90~1/fomJa ~ subscribed to the within instrument and
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capacity(-ie5), and that by 1:Us~/ttTeir
signaturefs) on the instrument the person("lj, or
the entity upon behalf of which the perso$)
acted, executed the instrument.
WITNESS my hand and official seal.
\. JJi W~ 0 (Joluuil
Place Notary Seal Above T Signature of Notary Public
OPTIONAL
Though the information below is not-required by law. it may prove valuable'topersons relying on the document
and could prevent fraudulentremoval and reattachment of this form to another document.
Descriplion of Attached Document ti
Title or Type of Document: L,t ~ n 'fC"-ot- b^ .hOi", ~~IW-I>AIIIlAl in.
Document Date: Number Qf Pages:
Signer(s) Other Than Named Above:
Capacily(ies) Claimed by Signer
Signer's Name:
:' 0 Individual Too :llhumt 118m
" 0 Corporate Officer - Title(s): '
" 0 Partner - [] Limited 0 General
" 0 Attorney in Fact
, 0 Trustee
o Guaraian or Conservator
o Other'
Signer Is Representing:
,
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@19ggNational Notary.l,ssoeiation ~ 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313.2402' WWI\l',nalionalnotary,org Prod No 5907 Reorder: Call TolI.Fr~~ 1-800-876.61l?7
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, ' 8573
EXHIBIT "A" TO
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
AP N 2'75-302-07
LOT28 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
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OF SAN DIEGO COUNTY, MAY 20,1959