Lien Agreement for Public Improvements 2001-0490614
"I
.
DO i' .. ? n en - nii qr')' {::,l Ii
, - L.r.- :"- _" "..r'_ """'; 0 \_ ,-I.l.. ,
JUL l7!'> ~OOl fJ': =L~~ :;1'~-
...-,
,I' \
RECORDING REQUE~TED BY
CITY OF POWAY
I,
f'--
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY, CA 92074
)
)
)
)
)
)
)
)
)
)
OFF-TCIAL F~ECOR[(I
SAN. DIEGD TburnY RECDRD.~r S GFrrr.::
j:'Drcq-[J;'li ,';"i4TTIT "OU'I':-I u [.;,rrqcli(T
dl',....iJl.I',' ". .],1-<- if:, I...i " I I,_UUI\LL\
FEES~ U.lf!
WHEN RECORDED RETURN TO
(For Recorder's Use Only)
APN 321-040-19-00
L1EN.AGREEI\IIENT FOR PUBLIC IMPROVEMENTS
THIS AGREEME:NT entered into by and betwEler:Hhe,CITY OF POWAY, a
municipal corp,oration of the State Of California sometimes hereinafter referred to as
"City", and Charles R & Karen R Racette hereinafter referred to as "Property Owner"
WHEREAS, Property Owner and City have agreed to the installation of certain
improvements in'the Easementfor Jerome Drive in Poway" California, and
WHEREAS, Property Owner represents thatProperty'Owner is the record owner
ifthatrealpropertydescribed in exhibit "A" attached hereto, and
WHEREAS, City has,loailed 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
WH,EREAS, the loan rnoniesto Property OwnerJequired 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
~i3 \ (5)M
P.8('{)~\'\'1& \$tf4q~ Ol-Olo~
.
.
"
cost for paving Jerome Drive 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'l'oan in accordance with the following terms and conditions
Principal Obligation Notto Exceed - $ 2,297 00
Interest Rate,on Unpaid Balance - 6 B % per annum
Number of Annual Equal Payments
of Principal Plus Accruedlhterest - Seven (7)
(Payable April 15 of each year)
Section 2, As security for the repayment of said loan, Property Owner does
hereby grant to Gity a lien upon the hereinafter described property in an amount not 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 upon the
PropertyOwner 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 the 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, Gityshall
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 contain,eci herein shall be binding
upon and inure to the benefit ofthe successors, heirs, assigns, executors, and other
transferees of Property Owner, shall run with said real property, shall create an
equitat5le 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, ThelegClI 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
"
.
.
'i
j'N1WITNESS WHEREOF the parties have executed this agreement this _ day
of'j ,\b! , 2_, at Poway, California.
I
Property Owner'
By
{1IbL
(Signature Must Be Notarized)
CITY OF POWAY, a Mu ' ipal Corporation
Mich
By
ATTEST
~H~J'JIWLirhlOO), ONl,,~, G.b:r~
Lori Anne Peoples, City Clerk' I
This is to certify that the interest in real property conveyed by the deed,or grant dated '1/ q J 0 I from
C haC' I", S "- Ka rl!'C'I (( nJ f' I-k to the City of Poway, a politjcal 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'~ .;JD..;J.COI
BY~~, {)/J/)"tJ. &/;q~
City Clerk ' 7
'.
.
CALIFORNIA ALI:..PURPqSE ~CKN~WLEDGMENT
.
"
..
State of
California
,)
County of San Diego
On 07J/z., - II q :Loo / before me, Glenda S. ,Richards. Notary Public
V 1>hte Namesndl1tleafOfflcer~g,.JaneOoe,Notary~
personally appeared CJiCl'C'les '"?~(f'y.1e oj",,,! K~(Ce>1 Kli>rpyLfG'
Name(s) of Slgner(s)
o personally known to me - OR ":~~ed to me on the basis of satisfactory evidence to be the person(s)
whose name(s) lsIare,subscribedtC! the within instrument
and acknowleaged to me that Aef8tte/they executed the
same in IIi&'! ."dlheir authorized capacity(ies), and that by
IIi&'! .edtheir signature(s) on the instrument the person(s),
or the entity upon:behalf of which the person(s) acted,
executed the instrument
r~', O:FFlCiAL SEA,L 1
,e, " -, ,'GLENDAS,RICHARDSo;
ib, ,,; NOTARY,pUBlcIC,CALlFORNIAI!i
:i' . COMM, NO, 1225924 ~
l ' SANDIEGO COUNTY J
. MY COMM, EXP JULY 16, 2OJ3
Signature of Notary Public
S my hand and official seal.
OPTIONAL
Though the information below is not required by law, It may prove valuablsto persons relying on the document and could prevent
fraudulent f9l1JoviJi:snd reattachment of this ,form to another document.
Description of Attached Document
litle or Type of Document: (?'leV( [; fI//J tHAI ~k;;-:Pk-fte;.J-.~/pI/' /:if/'2
Document Date: tfJ..,Y ~ :J()ol Number of Pages: 7AA-,p /
Signer(s) Other Than Named Above: Lor, JL.1nf"*"?k~;;~,, {'tv/:, {;5- ~l~td7
Capacity(les) Claimed by Slgner(s)
Signer's Name: (!j,A,/"'S '~N{'" 1-1-")
~dividual
o Corporate Officer
litle(s):
o Partner- 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other'
Signer's Name:
/:-b ,en 'f?61cro'l'l e
Top of thumb here,
0'1ndividual
o Corporate Officer
Title(s):
,0 Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
n Other'
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
RIGHT THUMBPRINT
OF StGNEH
Signer Is Representing:
Signer is Representing:
C 1995 NIitiOOBI Notaiy As9ociatIon. 8236 RemmetAve., P.O. Boll 7184. Canoga parx. CA 91309-7184'
Prod:' No. 5907
A8Ol'der: CaJI Toll-Free 1-800-876-6827'
.
.
.
.
EXHIBIT A
LEGAL DESCRIPTION
PARCEL I
All that portion of the North Half of the Southwest Quarter of the Southwest
Quarter of the Northeast Quarter of Section 6, Township 14 South, Range I West,
San Bernardino Meridian, in the County of San Diego, State of California,
according to the OfficiarPlat thereof, described as follows:
Commencing at the Southeast comer of the North Half of the Southwest Quarter
of the Southwest Quarter of the J':-lortheast Quarter of said'Section 6, thence along
the South line thereof North 88059'15" West 533,09 feet'to the TRUE POINT OF
BEGINNING, thence North 00012'16" West, 334,52 feet to the North line of the
Southwest Quarter of the Southwest Quarter of the Northeast Quarter of said
Section 6; thence along said North line North 89002'26" West 143 61 feet to the
West line of the Northeast Quarter of said Section 6, thence South 00032'33" East
along said West line 334,54 feet to the Southwest comer of the North Half of the
Southwest Quarter of the SOllthwest Quarter oftheNortheast Quarter of said
Section 6; thence South 89059'15" East along the South line thereof 143,51 feet,
more or less, to the TRUE POINT OF BEGINNING,
Excepting therefrom that portion, if any, lying within the boundary ofland
described in deed to John Leonard Murillo, et ux, recorded April 18, 1957 in
Book6541, page 509 of Official Records,
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 30,00 feet of the South Half of the Southwest Quarter of the
Southwest Quarter of the Northeast Quarter and over the South 30 OO,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 I West, San
Bernardino Meridian, in the County of San Diego" State of California, according
to the Official Plat thereof
Excepting therefrom that portion lying with Parcel I above, Said easement shall
be and hereby is declared to be appurtenant to all or any part or parcel of the
Southwest Quarter of the ,Southwest Quarter of the Northeast Quarter of the West
Half of the Southeast Quarter of the Southwest Quarter ofthe Northeast Quarter
of Section 6, Township 14 South, Range I West, San Bernardino Meridian,
according to the Official Plat thereof
Lien Agreement- Racette