Lien Agreement for Public Improvements 2001-0490613
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RECORDING REQUESTED BY
CITY'OFPOWAY
WHEN RECORDED RETURN TO'
CITY CLERK .
CITY OF POWAY
PO BOX 789
POWAY, CA 92074
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OFFICIAL RECORDS
SAN DIEGO CQUNIY'RECORDER'S OFFICE
Gf:EGORY J. 'SMITH; GoUNn' RECOf:DE~:
FEES: 0.00
(For Recorder's Use Only)
APN321-040-11-00
LIEN AG~EEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT er;1lered ihtoby and between the CITY OF POWAY, a
mUnicipal corporation oUhe'State Of California sometiineshereinafter referred tO,as
"City", and Michael & Yvonne Attara hereinafter referred to as "Property Owner"
WHEREAS, Property Owner and City have agreed,t6the i,rlstallation of certaih
improvements' in the EasemenHor Jerome Drive in Poway, California; and
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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 loaned to property owner morii~s equalto the snare of cost
of said improvements to be:paid by property owner; and
WHEREAS, Property Owner has agreed to repay $'aid.monies lent to Property
Owner by CityandJo secure said,obligation to repay said loan with this Lien Agreement
to be recorded in Property'Owner's chain of title; al'1d
WHEREAS, th,e installation of said"public improvements has been determir:led to
be in the public interest; and
WHEREAS; the loan monies to Property OWr:ler reqUired to install said
improvements has been determined to be in the public.interest
NOW, THEREFORE, IT IS AGREED between the parties hereto asfollows:
Section 1, City shallloal'1 to Property Owner the sum equal to Property Owner's
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cost for Raviog Je~omeG.riii~PropertyOwner agrees that the hereinafter described
real prapert,y.daes bemefit by the installation of said improvements, Property Owner
ag~ees to'Jepay said 1090 in arinu'al insJallments'to be added tathe fax bill of that real
proper::ty'hereioafteraescribea owned by Property, OWner Property Owner agrees to
repay said loan' in accordance with the following ierllls and conditions:
Principal Obligation Not to Exceed - $ 2,297 00
Interest, Rate on Unpaid Balance - 6 e % per annl'Jm
Number of Annual Equal Payments
of Principal Plus Accrued Interest - Seven (7)
(Payable April 15'ofeach year)
Section 2, As security for the repayment of said loan, Property Owner does
hereby grant to City a lien upon the hereinafter describeq pr()perty in an amount not to
exceed the principal obligation:set}orth in Section 1, plus 'any and all unpaid interest
whict;J may accumulate in the future up'on 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
ag~eement cfthe parti,es for-the'repaymentof said sum,in annual installments to be
added tathe,Property'Owner's tax,bill, the entire l'Jnpaidsum,of said loan shall be
immedi,~tely due'and payable"upon the transfer of ownership of said real property py
Prqperty, OWne'r if said real property has been improved with the construction of a
residence thereon,
Section 3 Upon payment'infull of the full amount dqe hereunder, City shall
promptiy upon demand of Property Owner release the liell 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%) ofthe fair
market value of the propertyenculllbered hereby
Section 5, This agreemenrand the covenaots contained herein shall be binding
upon ahd inure to the benefii of the successors, heirs, assigns, executors, ana other
transferees of Property Owner, shall run with said real property, shall create an
equitableservitude,upon the real property, and sh1311 survive.theforeclosureof any
deed of trust of record as of the date of recordation hereof
Section 6, The legal description of the real properly encumbered by the lien
created hereby is set forth in full on Exhibit "A" attached hereto and by this reference
made a part hereof
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INl/VITNESSWHEREOF the parties have executedlhisagreement this /25;) day
orllprd , 2Do L, at Poway, California.
Property Owner
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By ,
, Y~eA .
(Signature Must Be Notarized)
CITY OF POWAY, a Muni
Michael
By
ATTEST
~t=:JLCW~~O, ~~ M~
Lori Anne Peoples; City Clerk
This is 10 certify that lhe,interesl.in real property conveyed by,the deed or grant dated tI) I Jo I from
ffi,UY.Iel "!: VVDnO<e, A~w.l " to the City of Poway, apolitical corporation and/or governmental
agencyishereby'accepted,bylhe undersigned officer or agent on behalfo,ftheCity Council pursuant to
8uthorrryconferred by Resolution No,34 adopted on January 20, 1981 and the grantee consents to
recordation thereof by its duly authorized officer
Dated~ ~Oj.,;u)Ol
BY~Dlj 'IC)LOtJ\ AD Or, C#p"iJJ~~ ChJc..
City Clerk
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ALL-PURPOSE ACKNOWLEDGMENT
State of cal,ifoffi1
County of 'Mf)/YJ ~fO
Oil J./ /1 / 0 I before me,
ID.ATEl
CM/Vl.L .{',
personall y appeared
o personally known to me
- OR-
.1 fj'" STEPHANIEN, JEMP ~
- '. ,Comm,11214494 Ul
1Il . 'NOTARVPUBlIC,CAlIfORNIA
'.. San Die9o~County :
~ My Comm"Exp;re, March 29:-2003 \
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SIGNER(5)
~ed to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
sigmiture(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument
WITNESS my hand and official seaL
OPTIONAL INFORMATION
The information below is not required by law However, it could prevent fraudulent auachmcnt 'of this p.ckno~]-
cdgment lO an unauthorized document.
CAPACIlY CLAIMED BY SIGNER (PRINCIPAL)
o INDIVIDUAL
o CORPORATE OFFICER
TITLEISI
o PARTNER(SI
o ATTORNEY-IN-FACT
U TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSOl"lSl OR ENTlTYOES)
APA 12/98
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
RIGHT THUMBPRINT
OF
SIGNER
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VALLEY-SIERRA,8oo,362,3369
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL I
That portion of the' North Halfofthe 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 SatlDiego, State 'of California, according
to Official Plat thereo['described as follows:
BEGINNING at the'Southeast corner of the North Half of the Southwest Quarter
of the Southwest Quarter ofthe Northeast Quarter ofsa'id Section 6, being also at
a point in the center line of that certain 60 foot Road Easement as shown on
Record of survey Map No, 3947, filed June 8,1956, in the Office ofthe County
Recorder of San DiegoCOlmty; THENCE along the South ,line thereof North 880
59' IS" West, 135,03 feet to the Southeast corner of that parcel ofland conveyed
to Ronald G, Inman andLouise M, Inman by deed recorded June 15, 1955-in
Book 6141, Page 480 of Official Records:
THENCE along the East line thereof North 00012'45" West 334,99 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 south 89002'26" East, 135,03 feet to the Northeast
corner of said South\Vest Quarter of the Southwest ~uarter of the Northeast
Quarter of said Section;
THENCE along the East lin'e thereof South 00012'16" East 33512 feet to the
TRUE POINT OF BEGINNING,
PARCEL 2,
An easement for ingress and egress' for road and utility purposes upon, along and
across the South 30 feet of the North Halfofthe Southwest Quarter of the
Southwest Quarter of the Northeast Quarter and the North 30 feet ofthe South
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 United States Government
Survey
EXCEPTING therefrom any portion lying within Parcel I above described,
Lien agreement- Attard