Lien Agreement for Public Improvements 2001-0490616
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OFFICIAL RECORDS
SAN DIEGO' COUNTY RECORDER'S,OFFICE
GREGORYJ. SMITH, COUNTY RECORDEK
FEES: 0.00
RECORDING REQUESTED BY
CITY OF POWAY
WHEN RECORDED RETURNTO'
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY, eA92074
)
)
(For Recorder's Use Only)
APN:321-040-16-00
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between'.the'CITY OF POWAY, a
municipal corporation of the State Of California sometimes,hereinafter referredto,as
"Ciiy", and Pamela A Garmes hereinafter referred to'as "Property Owne('
WHEREAS, Property .owner and City have agrceed to the installation of certain
improvements in'the EasementJor Jerome Drive in Poway, California; and
W8EREAS, Rroperty Owner represents thatProperty:Owner is the record owner
ifthat real property described 'in exhibit "A" attached hereto; and
WHEREAS, City hasloaned to property owner monies equalto the share of-cost
of said improvements to be .paid by property owner; and
WHEREAS; Property Ownerh,as agreed t6 repaysaicj monie.s lent to Property
Owner by City and to secure said obligation to repaysaid loan with this Lien Agreement
to be recorded in Property,Owne(s chain of title; and
W8EREAS;the installation of said public improvemer:lts has been 'determined to
bein the public;interest; and
WHEREAS, the loan mOr:lies to Property Owner requited 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 Owner's
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cos!.forpaving, JElrome prive, Property Owner'agrees;that the hereinafter described
real property doespe.nefit'by. the installation of said improvements, Property Owner
agrees;,to repay ,~aid: Iban' in annual installments to be added~to tbe tax bill of that real
property here,inaMr described owned by PropertyOwoer Property Owner agrees to
fepay said 16an in accordance With the following 'terms and conditions'
Principal Obligation Not to Exceed - $ 2,297 00
Interest Rate on Unpaid Balance - 6:tl % per annum
Number of Annual EquaCPayments
of Principal Plus Accrued Interest - Seven (7)
(Payable April 15 of each year)
Section 2, As securityforlhe:repayment of said loan, Property Owner does
hereby grant to City a lien upon the hereinafter describediproperty in an amountnot to
exceed the principal obligation,set forth in Section 1, plus any,and all unpaid interest
which may accumulate in the future upon said sum, Said lien shall be binding'up,i:m 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'lhe repayment ofsaid sum in'annual installments to:be
added to the Property Owner's tax bill" the entire unpaid sum of said loan shall be
immediately due and payable upon the trimsfer of ownership pfsaid real. property by
Property Owner if said real property has been improved\vith the construction ofa
residence'thereon,
SeCtion 3, LJpon payment infull of the full amountdue.hereunder, City'shall
promptlyup6n demand of Property Owner release the lien created hereby
Section 4, Upon demand of Property Owner, if notin default hereunder City
shall subordinatethis,lien to loans not exceeding eighty percent (80%) of the fair
market value of the property, encumbered hereby
Section 5 This agreement ancl the covenants,coritained herein shall be 'binding
upol} ahd imirElto the behefit of the successors, heirs,asslgns, executors, and other
transferees' of Property Owner, shall run with said real'property, shall create an
equitable servitude upon thereal property, and shaH.,surVive the foreclosure of any
deed of trust of/record as of the date of recordation hereof
Section 6:l;he legal description of the.realproPElrtyel}cumbered by the lien
created hereby is sefforth 'in full on Exhibit "A" attached hereto and by,this reference
made a. part hereof
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IN WITNESS ~I-jEREOF'the parties have,executedthis agreement this Ji'k;1~ay
of fr!fJ~Jf;)1 ,2azL, at PoWay, California,
Property Owner:
17. ~dJJ '
BY/Y~ ,,'. .~
,JPamela A. GArmes
(Signature Must Be Notarized)
CITY OF POWAY, a Munici
By:
ATTEST
~JAuUJ/),,?~,ap,,fhj 'air ~
LOri Anne Peoples, City Clerk
This is tltertifylhatthe interestinreal property conveyed by the deedor,grant dated 1Y14rdJ;;U"..:J/X)/
from fI1II'.7a.,4, (j1J/tI1,P \ to the City of Poway, a political corporation and/or
g,overrime'nhil ag'ericy is hereby"accepll,d :by the undersigned officer oriagent on behalf of the City
Council'pursuant to authority conferred by'Resoliltion No:34 adopted,on January'20, 1981 and the
gralltee'consents to recordation thereof by its duly authorized officer ' ,
Dated: ~ P,.;10,;:;;od
By',~.JwJt~~lJ~fl&1 ~ ~
City Clerk
.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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NaiTie and Title of OtIicer (8.0.. oJane Doe. NolaI)' Public-)
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Name{IJ'of Signer(l)
o personally known to me - OR - ~roved to me on the basis of.satisfactory.evidence to be the person(s)
whose name(s) i~aie'subscribed to the within instrument
and acknowledged to me that he/she/they exec,uted .the
same in hislher/their authorized capacity(ies), and that by
his/her/their signature(s)on the instrument theperson(s),
or the entityuponC behallo{which the person(s) acted,
executed the"instrument
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State of ,,(~i>.y.jhUdiV
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County of ~~/7L) ,(j,e-e(jo
on~/ll/?CII dciPdC'r? I before me,
Dille '"
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personally appeared
I i9""'" '. 'COLLEEN,MARIE f
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o .. ' N, OTARVPUBlIC ,cALIFORNIA 00
en - 'SAN DIEGO COUNTY ~
I " ' My Commission Expires I
JUNE" 5, 201M
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WITNESS my hand"aMofficiarseaL
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Signature 01 Notary PublIC
OPTIONAL
Though,lthe informationbelow.;s noVequired by)sw,.it may prove vaiuable to persons.reiying on the document,and could prevent
fraudulent-'emoval and reattachment of this form to anqther ~ocument.
Description of Attached Document
Title or TypeofDocument: L/E/t/ /J(l,dg).JF/L,ITs
j;z'J}5 p//8/c, /M?/jt:)FE"<'IEJv~5
Number of Page$: 7<
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71/1'7 ,p/ft!.~
Document Date:
/t/J:)/)'{' 1/ ,~/,77f c~t::(c'/
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner- 0 'Limited 0 General
o Attorney-in'Fact
o Trustee
P Guardian'or Conservator
o Other'
Ar Individual
o Corporate Officer
Title(s): '
o Partnei-D Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or'Cbnservator'
o Other'
Top of Ihumb here
RIGHT THUMBP.RINT
,-, OF SIGNER "
RlGHT THUMBPRINT
OF SIGNER
TOp of thumb here
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: {}.m/CA./'f I/. r';;;h'II-IEs
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Signer Is Representing:
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e 1995 NaTIonal Noiary Association. 8236 Remmel Ave" P.'O. Box riM. Canoga Park, CA 91309-7184
I'
Prod. No. 5907
Reorder. Call Toll-Free, 1-800-87&6827
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EXHIBIT A
LEGAL DEFINITION
PARCEL I'
AH that portion of,the SouthwesLQuarter of the Southwest Quarter of the
NortheastQuarter of-Section 6,q'ownship 14 South, Range I West, San
Bernardino Meridian, in the County of San Diego, State. of California, according
to United States Government Survey, described as foHows:
Beginning at the Southwest corner of the Northeast Quarter of said Section 6;
thence along'said Quarter Section.1ine, North 00 32' 33" West, 669,09 feet; thence
South 89002' 26" East, 143,61. feet to the TRUE POINT OF BEGINNING;
thence continuing South 890 02' 26" East, 128,00 feet thence South 00 12' 16"
East, 334 74 feet; thence North 880 59' 15" West, 128,00 feetto a lin, e that bears
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South 00 12' 16" East from the rRUE POINT OFBEGIl':INING; thence North 00
12' 1.6" West, 334,62 feet to the'TRUE POINT OF BEGINNING,
PARCEL 2:
An easement for road and public utility purposes over aH that portion of said land
lying within the boundary of Record of Survey Map,No, 3946, filed in the office
ofthe Recorder of San Diego County, June 8,1956, as File,No, 79918"being a
portion ofthe Southwest QuarteroftheSouthwest Quarterof,the Northeast
Quarter of Section 6, Township 14 South, Range I West, San Bemardino
Meridian, according to United States GovernmentSurv'ey and delineated as "60
Foot Easement ResefvedJofRoad.'i EXCEPTING from Parcel No, 2, that portion
lying within said Parcel No, I above described,
Lien agreement- Garmes