Loading...
Lien Agreement for Public Improvements 2010-0559097ri D O C # 2010-0559097 11 1111111111111 1 1111111111111111111111111111111111111111111111 ININ RECORDING REQUESTED BY ) OCT 18, 2010 3:59 PM CITY OF POWAY ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER WHEN RECORDED RETURN TO: ) FEES 000 PACES: S CITY CLERK CITY OF POWAY /� ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P. O. BOX 789 C u POWAY, CA 92074 \a (For Recorder's Use Only) APN 275 - 380 -19 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 referred to as "City," and Michael A. Hoffman and Mary P. Hoffman, Husband and Wife, as joint tenants, hereinafter referred to as "Property Owner." WHEREAS, Property Owner and City have agreed to the installation of certain water and sewer improvements in the Easement of the 12829 block of Corte Dorotea,in Poway, California; and WHEREAS, Property Owner represents that Property Owner is the record owner of that real property described in Exhibit "A" attached hereto; and WHEREAS, City has 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 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 WHEREAS, the loan of monies to Property Owner required to.'install said improvements has been determined to be in the public interest. 10 -110. 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 cost for sewer improvements in the Easement at 12829 Corte Dorotea. 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 loan in accordance with the following terms and conditions: Principal Obligation Not to Exceed - $14,595 Interest Rate on Unpaid Balance — 3.91 % per annum Number of Annual Equal Payments of Principal Plus Accrued Interest — Ten (10) (Payable with Property Tax Assessments) Section 2 . As security for the repayment of said loan, Property Owner does hereby grant to City a lien upon the hereinafter described property in an amount not to exceed the principal obligation set forth in Section I, plus any and all unpaid interest which may accumulate in the future upon 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 agreement of the parties for the repayment of said sum in annual installments to be added to 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, City shall 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 (90 %) of the fair-market value of the property encumbered hereby. Section 5 . This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the 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 t_rusFof record as of the date of recordation hereof. Section 6 . The legal 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. IN WITNESS WHEREOF the parties have executed this agreement this day of Otb)V) 2010, at Poway, California. Property Owner(s): Michael A Hoffman l Mary P. Hof man (Signature(s) Must be Notarized) CITY OF POWAY, a Municipal Corporation By(;� City Ma ager CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San )jeg On 1 CO/ �D ID before me, -Sh ((jq ty pi ihlir Del. / PI IPA n ere nurt�me efitle of PV 74 ,, ' �/�� " personally appeared !U(��(6b 4ICt-yi l'Y(�trV apl Off( �t� Pt24ak l/Lf"/dl ' Namn(sl .1 Slgnor(s) Bi ELLOf COLUNB CotnmMW i 1787479 140tatr Publle'- Caufartlfa BOIA7rtOrt8�litCeotd�ll who proved to me on the basis of satisfactory evidence to be the persorowhose namEoQare subscribed to the within I trument and acknowledged to me that he=e/ h executed the same in his/her/MiRDauthorized capacity ee , and that b WVher eir signature&on the instrument the person, or the entity upon behalf of which the person(&cted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Move WITNESS my hand and If ial seal_ Signalure Slg atwe J a P ric OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc Title or Type of Document: LI G o � t - �V� Document Date: ) C)/(0 I 2.0/o Number of Pages: + Signer(s) Other Than Named Above. fzL Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual • Corporate Officer —Title(s)! • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other; Signet Is Representing: RIGHTTHUrd6PRINT LL• OF SIGNER,?`- 0 ❑ Corporate Officer — Tdle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: IPI gIGHLTHU1dEPRINL OF SIGNER;P771', >•:� <�.'«att.;s<r.<. a e< � , •.`<:a, e. c�<+. .i «.s�c�rd< �c s:.i `. u.e�tt.. u •. `. �s`ti;< a act: vc ei<:ai V EXHIBIT "A" TO LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS A.P.N. 275-380-19 LOT 92 OF VALLE VERDE ESTATES UNIT NO. 3, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 4933, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 21,1962.