Lien Agreement for Public Improvements 2008-0079987
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RECORDING REQUESTED BY ) FES 15. 2008 1 46 PM
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CITY OF POWAY ) IliTILi.':;',LF:r.iJiH[I'-
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WHEN RECORDED RETURN TO' ) f:rE'... 11JIIU "'WI": -
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CITY CLERK )
CITY OF POWAY ) l!iiiilllil!lllli 111111111111111 1I1!1 llilllliil 11111 111111111111111 1111111111111
POBOX 789 )
POWAY, CA 92074 ) ~ (For Recorder's Use Only)
APN 323-270-04, 05
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS ~
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 F.E. Maylen and Mildred N. Maylen, referred to'as "Property Owner"
WHEREAS, Property Owner and City have agreed to the installation of certain
water improvements in the Easement of the 13116 Welton Lane in Poway, California;
and ,n
WHEREAS, Property Owner represents that Property' Owner is the record owner
of that real property described in Exhibit "A" attached hereto; and
WHERES, it is acknowledged by Mildred N. Maylen and City that F.E. Maylen is
decedent and that Property Owner remains recorded as F.E. Maylen and Mildred N.
Maylen at the time of execution of this agreement by Mildred N. Maylen, providing that
Mildred N. Maylen is sole Property Owner; 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.
O~-C9-'
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,
NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
Section 1 City shall loan to Property Owner the surnequal 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.. $17,527
Interest Rate on Uhpaid 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 r
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 tCl .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
"t . .
IN WITNESS WHEREOF the parties have exec;uted this agreement this
J02™ day-of nbrlA.tJ. rfJ 2008, at Poway, California.
Property Owner(s):
By' v~ .LA..-<...,L V\ IAlcL'- ~
Mildred N. Maylen (
By'
(Signature(s) Must be Notarized)
CITY OF POWAY, a Municipal Corporation
By'
A~~~
L. Ian Shea, CMC
City Clerk
This is to certify that the interest in real property conveyed by the deed or grant dated
February 12. 2008 from F,E. Mavlen and MildredN. Maylen to the City of Poway, a
political corporation and/or governmental 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: ~/slo~ BY'~~~~
I L Diane-Shea, CM , City Clerk
-. . .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~.nc~~~~r.s?ffi('~~fl'>'~~i"iC.6<'~~~~~~~v0(
State of California, }
County of :::n./Y1 7':}-ugA)
On Fe/Jf!.I.~/;l ';;oof, before me,
personally appeared fYI; Jd Yf'd 11/. may/en
, Name{slof Signer(s)
who proved to me on the basis pf ]atisfactory evidence to
be the person(~ whose nam9<'s)@tare subscribed to the
within instn.lfTIent and acknowledg~ to me that
he/~they executed the same in his(!ieiJtheir authorized
r -, - - - - - - - - - ~ ~ capacity.oei;), and th,at by hi~/their sign,atur,<s) on the
@ NICOLE MANZANO instrument the person.\ll1. or the entity upon behalf of
- Commission # 1493526 which the perso~ acted, executed the instrument.
~ -& Notary Public. California ~
z' >
, Son Diego County -
~ MyComm. ExplresJun~ 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 raw, 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..liJYt 1I'f1P'/lJYlM/l.lkr 1Ju.61;'c -::Fm IWYeffl~
Document Date: ;:) J d Of, Number of Pages: 3
Signer(s) Other Than Named Above,
Capacity(ies) Claimed by 5igner(s)
Signer's Name: Signer's Name:
o Individual 0 Individuai
o Corporate Officer - Title(s): 0 Corporate Officer - Title(s),
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney in Fact 0 Attorney in Fact
D Trustee Top of thumb here D Trustee Top of thumb here
o Guardian or Conservator 0 Guardian or Conservator
o Other' 0 Other:
Signer Is Representing: Signer Is Representing:
~"9V~~~"YY-~~~~~~~~~~~~~~~~~~~~~~'UV'(..x..,~~~~~~'(...;~;;~~'UV'UV~"'W'V'U'V~
@2007 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313..2402. www,NationaINotary,org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
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EXHIBIT "A" TO
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
A.P N. 323-270-04, 05
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, included in that land
described in Parcel 1 of deed to FE. Maylen, et ux, recorded September 20,
1958, in Book 7412, page 128 of Official Records in the Office of the County
Recorder of said County of San Diego, lying within a strip of land 60 00 feet wide,
the sidelines of said strip lying 30,00 feet on each side of the following described
centerline:
COMMENCING at the Southwest corner of the Northeast Quarter of the
Southwest Quarter of said Section 18, thence along the Southerly line thereof
South 89000'10" East, 33018 feet to the TRUE POINT OF BEGINNING; thence
leaving said Southerly line North 00016'17" West, 224.96 feet to a point in the
.- centerline of Poway Road as shown on Road Survey Map No. 1713 filed in. the
< Office of the County Engineer of said County of San Diego