Lien Agreement for Public Improvements 2008-0079988
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\~~ RECORDING REQUESTED BY ) FEB 15 2008 1 46 PM
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\Q.,. CITY OF POWAY ) UFFICI..:.:.L I-;[J".UH[I'_
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CITY CLERK ) !ill!iill!lillilllllilllllllllllll!i!lllllllfllllllilll!l1l111111111111111111111
CITY OF POWAY )
POBOX 789 ) ..
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POWAY, CA 92074 ) - (For Recorder's Use Only)
APN 323-270-14
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS 'N...
DOCUMENTARY TRANSFER TAX $
THIS AGREEMENT entered into by and between the CITY OF POWAY, a
municipal corporation of the State of California sometimes hereinafter referred to as
"City," and Gary M. Staebler and Katherine J Staebler, referred to as "Property Owner"
WHEREAS, Property Owner and City have agreed to the installation of certain
water and sewer improvements in the Easement of the 13123 Welton Lane 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, 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 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.
a"n-am
; ~. .
NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
Section 1 City shall loan to Property Owner the sum equal to Property Owner's
cost for sewer improvements in the Easement of the 12935 block of Via Del Toro,
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 to be added to the tax bill of that real property hereinafter described owned
by Property Owner Property Owner agrees to repay said loan in accordance with the
following terms and conditions:
Principal Obligation Not to Exceed - $24,343
Interest Rate on Unpaid Balance - 4 40% 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. Said lien shall be binding upon the
Property Owner and Property Owner's heirs, successors, assigns, 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 Property Owner'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 real property has been improved with the construction of a
residence thereon.
Section 3 Upon payment in full of the full amount due hereunder, City shall
.. promptly upon demand of Property Owner release the lien created hereby
Section 4 Upon demand of 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
upon 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 equitable
servitude upon the real property, 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
. . . .
IN WITNESS WHEREOF the parties have e.~ecLJ-,ed this agreement this
i J. 711 day of P hru a.rt;- 2008, at Poway, Gaiifornia.
Property Owner( s):
By ~h~ .~
..--- ...-
Gary M. Staebler
By' \\n~~f'\~JY\o ~__ "'\::)~flO~
Katherine J. Staebler
(Signature(s) Must be Notarized)
CITY OF POWAY, a Municipal Corporation
By'
ATTEST
f6~
City Clerk
This is to certify that the interest in real property conveyed by the deed or grant dated
February 12, 2008 from. Gary M. Staebler and KatherineY'Staeblei to the City of Poway, a
political corporation and/or governmental agency is herepy'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
~"'""oo <hemo~ by 1m 'oly ,""",cOed offi,ec ~
D,"d ~!15lolf BYC2f.r,), ~
' ' L. iane.Shea, CMC, ity Clerk
. . .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
a:"vC<>'~~~~~,.(<<'~~,C('..5('.6('~...e<"~~...e<.'~~~~~~~.iX'".,.ffl"..w..G<'"..a'>..e<'..G:<"~~
State of California }
County of aCl4/l 'frt ~;?J
On febrvr tlr;) i~, :JOdf> before me, lJab//
personally appeared /(l1lhe1.(#{ T Xlae,b/€JL
Name(s) ofSigner(s)
who proved to me on the basis of satisfactory evidence to
be the person~ whose name)i;)~are subscribed to the
within instrument and acknowledged to me that
he/@they executed the sam~ hi~/their authorized
capacity~, and that by his!. e their signatur~) on the
NICOLE MANZANO instrument the person(llJ', or the entity upon behalf of
@ commission # 1493526 ~ which the perso~ acted, executed the instrument.
- '. _ Notary Public - Callfomla _
~ . -0 San Diego County I certify under PENALTY OF PERJURY under the laws
. ',,' My Comm, expire. Jun 1,2008 of the State of California that the foregoing paragraph is
true and correct.
Place NolarySeal Above Signature
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 Doc~ment
Title or Type of Document: LlIu//, fit1.MM tJ<YI;/ 17'" ftr..hl/r'. /111 fnvPj11f3n/!s
Document Date: rJ JiX dg Number of Pages: :s
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
.
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate OHicer - Title(s): o Corporate OHicer - Title(s):
o Partner - 0 Limited 0 General RIGHTTHUMBPAINT o Partner - 0 Limited 0 General RIGHTTHUMBPAINT
o Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNER
o Trustee Top of thumb here o Trustee Top of thumb here
D Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
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@2007National Notal)' Association' 9350 De Sota Ave., P.O. Box 2402 .Chutsworth. CA 91313-2402' www.NationaINotary.org Item #590"1 Heorder: Call Toll-Free 1-800-876-6827
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
C<'...c<'~..c<'~vW'..e<>-~~~..c('~..G<'~...G:(."~~~.,.C('~~~~.e<:',C('~~..c<ro<
State of California }
County of 5a/Y1 tJ)af;c1"'J
onfebrUt:lf'J;/J.;}.()rJ(] before me, ICvle- rYiCU1 rz.l)
ate . Here Insert Nam
personally appeared Gr t1/T .l (} /YJ I em ~ i -:J1e, eh I-vz.
. Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person)5l whose nameJ!l)~are subscribed to the
within instrument and ack~ow~ged to me that
~he/they executed the same in ~er/their authorized
~ - ~ - - - N~CClE ~~ZI:NO- - J capacity~), and that ~X @her/their signatur~ on the
_@-'" Comm~slon # 1493526 instrument the person,,), or the entity upon behalf of
~ .--L .. Nolary Public - Califomla ~ which the person1k) acted, executed the instrument.
~ Sanolsgocounlyd ,~
'. :.. ~ :o~m.:.. Ex::,ke~ J,:, 1,2008 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Signature
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
Title or Type of Document: J:ld~ flt".I'...trY'#r:l If.ry piA bl/(" TmpJ?Jv€/J11'nl5
Document Dale: 61 ' (01. Ctf Number of Pages: 2,
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Officer - Title(s): D Corporate Officer - Tille(s):
o Partner - D Limited 0 General RIGHTTHUMBPAINT 0 Partner - 0 Limited 0 General RIGHTTHUMBPRINT
D Attorney in Fact OF SIGNER D Attorney in Fact OF SIGNER
o Trustee Top of thumb here D Trustee Top of thumb here
o Guardian or Conservator 0 Guardian or Conservator
D Other. D Olher'
Signer Is Representing: Signer Is Representing:
~~~~~"!:2V~~~~~~~~~~~~~~~'t;&~";;!V~~~~~~~~~~~~~~~~~~~~~
\02007 National Notary Associillion' 9350 De Solo Ave., P.O, !3o~ 2402' Chatsworlh, CA 91313.2402. www,NalionaINotary.org l1em 115907 Aaorder. Call Toll-Free 1-SQ0-876-6827
- , . .
EXHIBIT "A" TO LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
APN 323-270-14
THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY, APPROVED FEBRUARY 24, 1876, DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF THE EAST 245 00 FEET OF THE NORTH 225 00
FEET OF SAID WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE
ALONG THE SOUTH LINE OF SAID NORTH 225 00 FEET, SOUTH 990 15' 30" EAST, 245 00
FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID EAST LINE, SOUTH 000 43' 58"
EAST, 178 00 FEET; THENCE NORTH 990 15' 30" WEST, PARALLEL WITH THE NORTH LINE OF
SAID WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19,
APPROXIMATELY 255 00 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THAT
CERTAIN 60 00 FOOT STRIP OF LAND AS DESCRIBED IN DEED TO HAROLD B AKRIGHT, ET
AL, RECORDED DECEMBER 19, 1956 IN BOOK 6385, PAGE 249 OF OFFICIAL RECORDS;
THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAND, TO THE POINT OF
BEGINNING
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY
THE NORTH 99 O? FEET OF THAT PORTION OF THE WEST HALF AT THE NORTHEAST QUART~R
~ OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST,_),AN. -:1"'!
- ~ERNARDINO BAS~ AND MERIDIAN, APPROVED FEBRUARY 24, 1976, DESCRIBED AS FOLLqWS
f'i: BEGINNING AT THE SOUTHWEST'CORNER OF THE EAST 245,00 FEET OF THE NORTH 22500
,- FEET OF SAID WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER;; THENCE
-
ALONG ,THE souTH LINE OF SAID NORTH 225 OOeFEET, SOUTH 890 15' 30" EAST, ,2,45 00',
FEE~ TO THE INTERSECTION WITH THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST' ',1.
QUARTER OF THE.' SOUTHWEST QUARTER; THENCE ALONG SAID EAST LINE, SOUTH 000,,4')" SBll ,
, . .., .' ....... .
., EAST, 17 9 00 FEET; THENCE NORTH 990 51' 30" WEST, 'PARALLEL WITH THE NORT~ LINE OF
SAID WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION' 18, c
APPROXIMATELY 255 00 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THAT . --
CERTAIN 60 00 FOOT STRIP OF LAND WITH THE EASTERLY LINE OF THAT CERTAIN 60 00
.,
FOOT STRIP OF_'LAND AS DESCRIBED IN DEED TO HAROLD B AKRIGHT, ET AL, RECORDED
DECEMBER 18, 1956 IN BOOK 6395, PAGE 249 OF OFFICIAL RECORDS; THENCE NORrH~RLY ,
ALONG THE EASTERLY LINE OF SAID LAND, TO THE POINT OF BEGINNING, SAID NO~TH.
99 00 FEET BEING MEASURED ALONG THE EAST LINE OF THE ABOVE DESCRIBED PROPERTY
PARCEL 2
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES TO BE USED IN
COMMON WITH OTHERS OVER THAT PORTION OF A STRIP OF LAND 60 00 FEET IN WIDTH~IN
THE WEST HALF 'OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT S~VEY,
APPROVED FEBRUARY 24, 1976, AS DESCRIBED IN DEED TO HAROLD B }\KRIGHT, ET AL,
RECORDED DECEMBER 19. 1956 IN BOOK 6395, PAGE 249 OF OFFICIAL RECORDS, LYING
NORTHERLY OF THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 1
HEREINABOVE OESCRIBED