Lien Agreement for Public Improvements 2008-0188188
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, DO.
:- -"","i 2008-0188188
RECORDING REQUESTED BY ) 1111111111111111111111111111111111111 111111111111111111111111111111111
) APR 09, 2008 3:11 PM
CITY OF P0WAY )
) OFFICIAL RECOF:["',
WHEN RECORDED RETURN TO' ) ',,"",N [IIEGO DJUNT'I 'F:ECI]F:[IER"~ OFFICE
) 11r:EGOR"r ,I SMITH c:our'~T'1 fiECOR[IEF:
FEE', Ci.iJCI
CITY CLERK ) PAGES: 5
CITY OF POWAY )
~ POBOX 789 ) I~WW~~WWWoooowwoowm~
POWAY, CA 92074 )
,f APN 323-270-04, 05
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a
municipal corporation of the State of Califomia someJimes 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
'.' , "
"WI'lEREAS, Property Owner represents that Property Owner is the record owner
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of that real property described in Exhibit "A" attached hereto; and -
WHERES, it is acknowledged by Mildred N. Maylenand 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
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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.
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NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
Section t. 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 T oro.
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 - $9,629 09
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 bimefit 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 thi~ reference
made a part hereof
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IN WITNESS WHEREOF the parties have executed this agreement this
18th.. dayof March 2008, at Poway, California.
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Property Owner(s):
By' W-'~L,J,,<, "- VI V\A..<J~~L
(I
"
Mildred Nora Mayl~n
By'
(Signature(s) Must be Notarized)
CITY OF POWAY, a Municipal Corporation
By'
ATTEST
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City Clerk
This is to certify that the intere_1 PWMertycOnVeyed by the deed or grant dated
~'1,m from.. N. ~IPf\ to the City of Poway, a
political corporation and/or'governmental agen y IS hereby accepted by the undersigned
officer or agent on behalf of the City Council pursuant to authority conferred by
- -- cRe:;;ol.!,ltij<n No,' 3A "ac!op.led on January 20, 1981, and the grantee consents to
recoraatlon thereof by its duly authorized offlcer~
Dated. M;n"h 1R. 7.008 BY~ ~A-/
L. Diane Shea, CMC, City Clerk
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CALIFORNIA ALL"PURPOSE ACKNOWLEDGMIENT
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State of California }
County of ~ 1J"'~"")
On 3 ' 1 oM ofJ before me, \I' ;O\i?-- mO \I\'Hi Kill Q Cl-kT---rCA \:it; c
Date Here Insert Name and! Title f the Officer
personally appeared m~ \c\re..<l nl'l-((,,I.,, m~leVl
. Name(s) olS. n (s)
who proved to me,on,the basis of satisfactory evidence to
be the person~ whose n'amejS@'are subscribed to the
with)Jl, instrument and acknowled~d to me that
he/@they executed the sa~ hi~/their au)horized
capaci~, and that by.his erllheir signaturexsl on the
J - - - - - ~COLE MN:;;;'o- - t instrument. the person(!;), or the entity upon behalf of
@ c:mmlsslon # 1493526 which the personf-l) acted, executed the instrument.
~ ,.,,;, . Notary Public, Callfomla ~
. ' San Diego Counly I certify under PENALTY OF PERJURY under the laws
. . MyComm. Explre.Jun 1.2008 of the State of California that the foregoing paragraph is
true and correct.
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: L\G\!\ f\3 r P f> rvle.f)+ ~()I" ? tA...\J ti c _ ~ fYOVe. Menls
Document Date: ~, \ f?J' oR<, Number of Pages: ~I
Signer(s):OtherThan Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 individual
o Corporate Officer - Title(s): 0 Corporate Officer - Title(s):
o Partner - D Liniited 0 General D Partner - 0 Limited 0 General
o Attorney in 'Fact . . D Attorney in Fact
o Trustee Top of thumb here 0 Trustee Top bflhumb here
o GLiardian or Conservator 0 Guardian or Conservator
o Other' D Other'
Signer Is Representing: Signer Is Representing:
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@2007National Notary Association. 9350 De Soto Ave" P.O. Box 2402 .Chatsworth, CA.913,3 2402. www.Nationc:IiNotary.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 Diegp, State of California, according to United States
Government Survey, --:approved February 24,- 1876~ included in thar land- -
described in Parcel 1 of deed to F.E. 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 thlOl Southerly line thereof
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..,t South ,89000'10" East, 330 18 feet to the TRUE POINT OF BEGINNING, thence
.,..... leaying 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
I Office ofthe County Engineer of said County of San Diego
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