Lien Agreement for Public Improvements 2001-0490617Iii'.
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DOC. 2001""""0490619'
JUL l7. 200l 8:lb
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CITY CLERK
CITY OFPOWAY
PO BOX..789
POWAY, CA 92074
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OFFICIAL RECORDS
SAfi DIEGO COUNTY RECORDEF:' S OFFICE
G~lGORV 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:321-040~14-00
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMEN-T entered .Into by and between the CITY OF POWAY" a
municipal corporation of the.iState Of, California sometimes hereinafteneferred to as
"City", and Darlene G, &'Donald K. Kauhi hereinafter referred to as "Property Owner"
WHEREAS, Property'Owner and City have agreed to the 'installation of certain
improvements in the Easement for Jerome Drive in Poway, California; and
WHEREAS, Property Owner represents that Property Owner is-the record owner
if that real property described in-exhibit "A" attached hereto; and
WHEREAS, City has loanedtoproperty owner monies equal to the shareofcbst
of said improvements to be paid by property owner; and
WHEREAS, Prqperty Ol,i.fner has agreed torepay said monies lent to Property
Owner by City and to seturesaid6bligation to repay said loan with this,Lien Agreement
to be recorded in Property Owner's chain of title, and
WHEREAS, the installationof'said public improvements has been determined to
be in the public interest; and
WHEREAS,the loan monies to Property Owner required to install said
improvements has'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 Qwner's
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cQst.for pcfyiDg:,Jerome Drive Property Owner agrees thal'lhe.hereinafter described
real RC9pe,iiy does benefit by the ,installation of said improvements, Property Owner
agrees to repay'said 108r:1dn annual installments to'beradded to the tax bill of that real
property l:1ereinatter described owned by Property"Owner Property Owner agrees to
repay said loan iniaccordance with the following terms"and conditions'
Principal Obligation Not to Exceed - $ 2,297 00
Interest Rate on Unpaid Balance - 6:tJ % per annum
Number of Annual. Equal Payments
of'Principal Plus ~ccruf?d Interest - Seven (7)
(Payable April 15 of each year)
Section 2, AS'securityforthe repayment of said loan, Property Owner does
hereby grant to City a lien upon the hereinafter describedproperty in an amountnpt.,to
exceed'the principal obligation set'forth in Section 1, plus!ar:ly'and all unpaid interest
which may accumulate in the future upon said sum, Said lien snail be binding 'up'on'tl:1e
Property0wner and Property Owner's heirs, successors, assigns, executors, or other
transferees in accordance with .the terms and conditions hereof Nbtwithstahdil)g t)1e
agreement of the parties for the repayment of said sumir}'t'lrmual ihstallrtJen!s to be
added to the Property Owner's tax bill, the entire unpaig sl.,lpi of said loan shall be
immediately due and payable UpO[1 the'transfer of owriersh,ip pf said real property by
Property Owner if said real property has been improved with the construction ofa
residence thereon,
Section 3, Upon payment irlfull 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 noUn default hereunder City
shall subordinate this lien to loans not exceeding eighty percent (80%) ofthe fair
market value of the property encumbered hereby
Section 5, This agreement and the covenants contained hereinshall.be binding
upon and inure to the benefit of/he 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 recordas:of the date of recordation hereof
Section 6, The legal description ofthe-real property encumbered by the lien
created hereby'is set forth in'full on Exhibit "N attached hereto and by this reference
made a part hereof
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INWITNE'SSWHEREOF the parties have executed this agreement this ~&- day
of.{f\l>rN1:\ , 2JX:1l., at Poway, California.
(Signature Must Be Notarized)
CITY OF POWAY, a MUQiciR Corporation
By'
ATTEST
~LUG,Q~ '~II~'( ~ COtJ,..
Lori Anne Peoples,. City C erk
This,is to certify'thatthe interest in real property conveyed by the,deed or grant dated rnn.rih:J g, .:JclJl
from fhr\.p/)~ ~ DllIYllc1 ~IlUh', to the City of Poway"a'political corporation,and/or
governmenta!'agency is herebyaccepted,by the undersignea officer;oragEmton behalf of the City
councilpursuantto authority conferred by Resolution NO'34adopted'on'January 20,1981 and the
grantee'consentsto recordation thereofby'its duly authorized officer
Dated: Cl.pAiJ.J O.cX:O I
By ~JLu' D u..~ 0 0.0, ~ &:hr r:fuL
City Clerk
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~" ,A.LVPURPOSE ACKNOWLEDGMENT
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,. State of Cal1forma } 0
it Courtty of . ,S,:,.,...01'..~-; 55, t
ion. IYtPtM,L 2.5" d-Cv / before me, ,G, \)~\)IY'\1.. $',tA( C, H C. ILL i
-'(!?4E) (NOTARY)
r persoMl1yappeared DONr'1-Lf) I:. I:ALlI-l\ QNc<LJf\'/2.L6.AlE r,.. 1-<..,I!,.Uf-/1 i
, SIGNER(S)'
i' D.p@rsellallj' kREJ'::n to me - OR- ~roved to me on the basis of satisfactory i
l' evidence to be the personls) whose name(s) l
, is/are subscribed to the within instrument and ,
i acknowledged to me that helshe/they executed i
, the same in his/herltheir authorized ,
i capacity(i'es), and, that by his/herltheir i
, signature(s) on the instrument the person(s), ,
or the entity upon behalf of which the
i person(s) acted, executed the instrument. :i
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i WITNESS my ,hand and official seaL i
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. OPTIONAL INFORMATION 0
tTheinfOrmatiOn below is not required, by 'law However, it could prevent 'fraudulent attachment of this aclmowl- t
i ~~;;~~~=;~n;~d:I~:;nt;PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT i
o .
6 0 INDIVIDUAL ,
, 0 CORPORATE OFFICER ,
to Ue'V, ~e.,,-t' ,A,.,,,, ,\\.>,\sQ...'c- t.
OR TYPE OF DOalMENT
TITLE(S) t
i 0 PARTNER(S) \~ ?<'2DVe:Tr>e", ~ i
, D ATtORNEY-IN-FACT A ~ f'I 3OL~- (:)~o -\~ - O() ,
i 0 TRUSTEE(S1 NUMBER J PAGES i
o 0 GUARDIAN/CONSERVATOR r 0
t 0 OTHER. t
i DATE OF DOCUMENT i
o .
t SI<;J"ER IS R,EPRESENTING t
i ;.J~~E~ER~ON(S~OR ENTiTYiigsl i
V ~ V"f''''~~Vl-1 ,
. OTHER 0
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APA.l/94
VAll.EY-S;ERRA, 8ilO'362,3369
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,EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1
All that portion of the South-Half of the Southwest Quarter of the Southwest
Quarter of the Northeast Quarter of Section 6, Township 14 South, Range 1. West,
San Bernardino Base and Meridian, County of San Diego, State of California,
according to United'States'Govemment Survey, described as follows:
Commencing'at the Northeast corner,ofthe Soutp, Half of the Southwest Quarter
of the Southwest Quarter of the Northeast Quarter of said Section 6: theJ:lce along
the,North line thereof North 88059'15" West 248.05 feet to,the TRUE POINT OF
BE(JINNING; thence continuing alongsaid North li!1eNorth 88059'15" West,
124.03 feet; thence S,outhOooI2116" East 334 77 feet to the South line of said
Northeast Quarter of Section 6;,thence South 88 056!04~' East along said South
line 124;03 feet,to an intersection with a line which bears,SouthOOo 12'16" East
from.the TRUE POINTOFBEGINNING; thence North 00012'16" West, 334,89
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feet to the TRUE POINT OF BEGINNING,
PARCEL 2:
An easement fot ingress and egress for road arid utilitypuIposes together with the
right to conveysimilar,easemenfs to others and to dedicate the same to public use,
over the North 30 feet oftheSouth Half of the Southwest Quarter of the
Southwest Quarter oftlieNortheast Quarter, and ,over theS'otith 30 feet of the
North Half ofthe Southwest Quarter ofthe Southwest Quarter of the Northeast
Quarter all being in.Section 6, Township 14 South"Railge I'West, San Bernardino
Base and Meridian, County,ofSan Diego, State ofCilliforilia, according to United
States Government Survey
EXCEPTING THEREFROM that portion lying within Parcel I above, Said
easement shall be,andhereby is declared to beappurtenantto all or any part of
parcel oftp,e,Southwest QuaiteroftlieSouthwestQtiarteroftheNortheast Quarter
and theWesfHalf of the Southeast Quarter of the Southwest Quarter of the
Northeast QuarterofSection 6, Township 14'South, Range 1 West, San
Bernardino Base and Meridian, according to United States Government Survey
Lien Agreement- Kauhi