Lien Agreement for Public Improvements 2001-0490618
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DOC~ ,2001-0490618
JUL 17. 2001 8~16 AM
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CITY CLERK
CITY OF P,OWAY
P 0 BOX789
POWAY, CA 92074
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OFFICIAL RECORDS
SI1N,DIEGD'CDUNTY RECORDER'S OFFICE
GREGOf~Y J, SMITH, COUNTY RECORDER
FEES: 0.00
RECORDING REQUESTED BY
CITY OF POWAY
WHEN RECORDED RETURN TO'
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(For Recorder's Use Only)
APN:321-040-13-00
LIEN AGREEMENT FOR PUBLlCIMPROYEMENTS
THIS AGREEMENT entered, into by and betweenthe, CITY OF POWAY, a
municipal corporation of the State Of California sometimes hereir;Jafter referred'lo as
"Cill, and Dick and Betty'l;luber hereinafter referred to as "Property Owner"
WHEREAS, Property Owner and City have agreed to the installation of certain
improvements in the Easemehtfor Jerome Drive in Poway, California; and
WHEREAS, PropertY Ownerrepresents that Property Owner is the record owner
if that real property described' in exhibit "A" attached hereto; and
WHEREAS; Cityhas 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 lenuo Proper;ty
,Owner by City and to secure said obligation to repay'said loan with this Lien Agreement
to be,.recordedin Property Owner's chain of title; and
WHEREAS, the installati9n of said publiC improvements has been determined to
be inthe,pLiblic'interest; and
WHEREAS, the loan monies to Property Owner required to install said
improvementsilas been determined to be in the public interest
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
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cost for paving ~er6Ji1e',Drive Property Owner agrees that tbe hereinafter described
real property does bel1efit' by the installation of said improvements, Property Owner
agrees to repay said loan iii annuaiinstallments to be added to'the,tax bill of that real
property h13reirlClfter de~cribeci oWhed,by Property Ow~er. Property'Owner agrees to
repay,said loan in accordance'wiih.the following terms and:conditions'
Principal Obligation Not to Exceed - $ 2,297 00
Interest Rate on Unpaid Balance - 6-0 % per annum
Number of, Annual EquolI Payments
of Principal Plus,AcGrue(j Interest - Seven (7)
(Payable April 15 of'eacn year)
SeCtion 2, As security for, the repayment of said loan; Property Owner does
he(eby grant'to .City a lien upon',ihehereinafter described property in an amount npt to
excEled the principal obligation set'forth in Section 1, p,lus'any'and all unpaia interest
whJct} may accumulate in the future upon said sum, Said lieri,shall be binding upon the
Property Owner and Property Owner's heirs, successors; assigns, executors, oratner
transferees in accordance with the terms and conditions heTeof Notwithstandihg the
agreement of the parties for therepayment of said sum ih"anni,Jal installments'to be
added to the:Property Owneris tax bill; the entir13 unpaid sUm of said loan shall be
immediately due and payaqle upon the transfer of ow hers hip pf said real property by
Property Owner 'if said real property has been improved with the construction ofa
residence thereon,
Section 3, Upon paym13nt in full of the full amount due hereunder, City shall
promptly upon demarid of Property Owner release the lien created hereby
SectionAUpon demand of Property Owner, ifnot,in default hereunder City
shall subordinate,this lien toJoans not exceeding eightypercent'(80%) of the fair
market value of the property:encumbered hereby
,Section 5, This agreemt3.nt and the covenants contained herein shall be binding
upon and inure,t() the benefit oHhesuccessors, heirs, :assigns, executors, ana '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
Seciion 6, The legal, description of the real propertyenpjmbered by the lien
created hereby1is set'forth in full oh Exhibit "A" attached hereto and by this reference
made a part hereof
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IN WITNESS WtlER~Of Hie parties have executedthis,agreement this z..G,day
of (VI Al2ci-/ ,,2001., aCPciway, California.
Property Owner' / / _ _ ,
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BY.~/~
, Richard . and Betty R, Huber
(Signature Must Be Notarized)
CITY OF POWAY, a Municipal Corporation
By'
ATTEST
~DllJDau"hl~ 0.0,/ OnJbJ~ ~ ChJL
Lori Anne Peoples, City cJ;k
This is to certify that the interest.in real property conveyed by the deed or grant dated~
from l(;chArcl"'&>~l-\1jbG,Q tothe City ofP6way,a,politital corporationand/9f
governmental agency'; hereby accepted by the undersigned office'r Or agent on behalf of the City
Council pursuanMo authorityconfe'rred bY Resolution No:34'!ldopted on January 20, 1981 and the
grantee consents,to recordation thereof by its duly authorized officer
Dated:Jlf.:A~ o.;c..:Jon 1
By' --J}lW oQ ~, ~1I4,1 uA e&J..-
City Clerk
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, C~\I';;IFORNIA,At:~IPUR_SE ACKNOWI::EDGMENT
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St!itElof
California
County~~ ,_ ~an Diego
On ,((4ft- (?JZ d6 ,~,. /
- - Dale ~
Glenda s., Richards, Notary Public
Name and l1li8 of OIIlcer (e.g., -Jal')e 00e. N PubIk:")
/7~_.,-. '~ '-7
personally, appeared
Name 8) of Slgner(8)
Opersonally known to me - OR -'~ed tome on thebasis,qfsati Eiciory evidence to l!e the person(s)
whose name(s) ililare:subscribed,to the withininstrumElnt
and acknowlEidged,t6 me that l'1a'sllsltheyexecuted the
same,inflt8.lllerltheira:Lrthorizedcapaclty(ies). and that by
hiefIlerlthejr slgnature(s) ontheinstrumentthe Person(s).
or the enliiy uponbehlilfof which the person(s) acted.
executed'the instrument .
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I~ OFFICIAL SEAL 1
_ ., , ,GLENDA'S,HICHARDS
g,,; ,NOTARY,PU,BLIG-CALlFO,A NIA~
= " . COMM, NO, 1225924 ~
" ,SAN.DIEGO COUNTY
<''',~' ,MY COMM,EXP, JULY 16;2003 ,
SIgnature af Notary PublIc
OPTIONAL
Though the informsUOn b8iow is nofiequir9d by Isw, it may provsVeIUBbJet'!P8.1Sons "'lying on fire document and could p",venf
fraudulent removal and rSattachment of this foim'to anOflref cJocumfHlt.
Description of Attached I;)ocument '~
lltle or Type of Dbc]ent:~//M, 07hPJI/?/;/r-.J./ /1./i~0\- L'O~.w;;z.~
/IN .I!. d / ~ -'--T/
DocumenWate: / tI J:lj~ ~ 0- :::;)(YJ / Number of Pages: / II) j?fl--
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Signer(s) Other Than Named Above:,lh" j'rw /7, ti')'i~~/7I/Jci) Ai"y-';, -C/~ LJ Fr?JtU.v v
o ~. / ~ ~
Capaclty(les) Claimed by Slgner(s)
Slgner'SName~ ,'ell;;)'-) b )/i-{ be r
~ividual
o porpqrateOfficer
Title(s):
o Partner -.0 Limited 0 GenElral
o Attorney-in-Fact
o Trustee'
o Guardian 6rConservator
o Other:
Signer's Name: -=g." II '7 ~ '
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RIGHT THlJI\1BI-?RINT
OF SIGNEH
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81iidividual
.0 Corporate Officer
litle(s):
o Partner -'0 Umlted 0 General
o Attorney,in-Facl
o Trustee
o Guardian or Conservator
o Other'
AlGin THW.18PAINT)
OF SIGNER
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Sigherls Representing:
Signer Is Representing:
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C 1995 National Notary AssociatIOn. 8236 RemmstAve., P.D.Box 1184. Canoga Park, c;:A 9'1309-7184
prOd. No. S907
Reonier: CaB TOI~F," 1-8000876-6827
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EXHIBIT A
LEGAL DESCRIRTION
PARCEL I
All that portion of the Soutli,Half of the Southwest Quarter of the Southwest
Quarter of the Northeast Quarter ofSectio1l6, Township 14 South, Range I West,
San Bernardino Base and'Merii:lian;,in theCounty<ofSan,Diego, State of
California, according to United''States GovernmentSurv~y; described as follows:
Commencing at the Northeast'corner of the South Hiilf of the Southwest Quarter
of the Southwest Quarter of the Northeast Qul!fler:o[said Section 6; thence North
88059'15" West, along the North line thereof 124,03 feet to ,the TRUE POINT OF
BEG)NNING; thenc~contin\ling,North 88059'15" West along said NorthIine
124,02 feet; thence South 00 I::1'16" East 394;89 feet to ari intersection with the
South line of the NortheastQuarter .of said Section 6; thence South 88056'04"
East along said South line 124,03 feet to an intersection with a line which bears
South 00 12'16" East frO!l1 the TRUE POINT OF BEGiNNING; thence North 00
12'16" West 335 feet to the TRUE POINT OF BEGINNING,
PARCEL 2
An easement for ingress and egress for road and utility purposes together with the
right to convey similar easements:to others and to dedicate the same to public use,
over the North 30 feetoftlie South Half of the Southwest Quarter of the
Southwest Quarter of the Northeast Quarter and overtlie South 30 feet of the
North Half of the Southwest Quarter of the Southwest Quarter of the Northeast
Quarter all being, in Section,6, Township 14 South, Range J West, San Bernardino
Base and Meridian, iil the County of San Diego, State of California, according to
United States GovernmentSurvey
EXCEPTING THEREFROM that portion lying within Parcell, above,
Lien agreement- Huber