2000-399774
,
DOC # 2000-0399774
RECORDING REQUESTED BY: ] JUL 28, 2000 8:59 {il"1i
]
CITY OF ENCINIT AS ] OFFICIAL RECORDS
] 3700 SAN DIEGO COUNTY F:ECOf:DER'S OFFICE
WHEN RECORDED RETURN TO: ] Œ£GŒV .J. SMITH. COUNT'! RECORDER
] FEES: 0.00
CITY CLERK ] 11111111111111111111111111111111 11111 IIIIIIIIIIIIIII!II!!!III!I!I!!"¡
CITY OF ENCINIT AS ]
f£ 505 S. VULCAN A VENUE ] 2000,0399774
ENCINITAS, CA 92024 ] (For Recorder's Use Only)
L\Z- 'jlm
\\J~ Assessor's ParceI No. 256-232-62
r 9 f5 -(JO
I( D" Kr;. LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF ENCINIT AS, a municipal
corporation of the State of California sometimes hereinafter referred to as "City," and Sally B.
Peak, sometimes hereinafter referred to as "Property Owner."
WHEREAS, Property Owner and City have agreed to the installation of certain
improvements to Woodley Place; 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 paid one-half the cost of improvements and loaned to property
Owner monies equal to the share of cost of said improvements paid by City; 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.
NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
Section I, City shall loan to Property Owner the sum equal to City's cost for
improvements to Woodley Place. 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 $ 4,875,00
Interest Rate on Unpaid Balance 6,97% per annum
con6402
3701
Number of Annual Equal Payments
Of Principal Plus Accrued Interest
and Administrative Fee 10
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 this 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 Property Owner and Property Owner's
heirs successors, assigns, executors, or other transfers 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 a residence thereon.
Section 3. Upon payment in 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 (80%) 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 trust of 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.
dN W,ITNESS WHEREOF the parties have executed this agreement this ¿;¡ 8 í4... day
of puL , 2000, Encinitas, california.
. £ij¡þ
By:
(Signatures must be notarized)
By:
ATTEST:
~ ~'--' ~k (,~()
Deborah Cervone, City Clerk
con6402
3702
E¡II IBIT "AM
LBcaL DBSCRIP'l'ION
THE LAND REPBRRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFOl'lNIA, COUN'l'Y OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT POIlTION OF LOT 29 OF PASSIFLORA ACRES, IN THE COUNTY OF
SAN DIEGO, STJ'-TE OF CALIFORNIA, ACCORDING TO MAP TBEREOF NO.
2355, FILED IN THE OFfICE OF THE COUNTY RECORDER Of' SAN DIEGO
COUNTY ON SEPTEMBER 27, 19~6, DESCRIBED AS FOLLOWS:
BBGINNING AT THB NORTHliESTERLY CORNER OF SAID LOT 29; THENCE
SOUTH 89"54' 30. EAST ALONG THE NORTHERLY LINE THEREOF 115.50
FEET TO THE EAST LINE OF SAID Inr; THENCE SOUTH 1"54'10. WEST
ALONG SAID EAST LINE 8.0 FEET TO THE TRUE POINT OJ! BEGIlOfDIG;
TllBNCE CONTINUING SOUTH 10s4'1~" WEST 70 FEET; THENCE 1tORTB
89'54'30. WEST TO THE WEST LINE OJ! SAID LOT; THENCE NORTH
0°35' 30. BAST ALONG SAID WEST LINE 70 FEET TO A LINE WHICH
BEARS NORTH 89"54'30' WEST FROM THB TR1JIi: POINT OJ! BEGIRIiING;
THIINCI!: SOUTH 89°54'30' EAST TO THE TRtm 1'0= OF ÐEGnI5nrG-
PARCEL 2:
THE SOUTHERLY 3.5 FEET OF THAT PORTION OF LOT 29 OF PASSIFLORA
ACRlS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP TIŒliEOF NO, 2355, FILED IN THE OFFICE OF THE
COtINTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 27, 1946,
DESCRIBED Aß FOLLOWS:
BEGINNING AT THE NORTHliESTERLY CORNER OF SAID LOT 29; THEliCE
SOUTH 89°54' 30' EAST ALONG THE NORTHERLY LINE THEREOF 115.50
FEET TO THE EAST LINE OF SAID LOT; THENeE SOUTH 1°54'::'0' WEST
ALONG SAID BAST LINE 80 P:IŒT, TIIElII'CE NORTH 89°54'30. WEST TO
THE WEST LINE OF SAID LOT; THENCE NORTH 0°35'30' EAST 80 FEET
MORE OR LESS TO THE POINT OF BEGINNING.
)/, I? tV. ?6".ZS2*~e
.
State of ~/ f:JP° )1..~ RlaHT THUMBPRINT 10pt;onal)
County of "¿ú.t &i;Jò LJ
J)ó7?hf'
On "/AB/òò before me.lJ/lNIJ/lb,(.I /J..J...\iouR PUBIC
, IDATEI INAMEfTlm OF OFFICER'i.,,'JANE DOE. NOTARY PUBLIC"
61'1 U L( r¿AK ~
personally appeared 6.
INAMEISI OF S'GNERISII
CAPACITY CLAIMED BY SlaNERIS)
DINDIVIDUALISI
DCORPORATE
0 personally known to me -OR- ~ ~roved to me on the OFFICERISI
mnESI
asis of satisfactory DPARTNERISI mlMITED
evidence to be the DaENERAL
~son(s) whose name(s) DATTORNEY IN FACT
OFFICIAL SEAL 1 IS re subscribed to the DTRUSTEEISI
RANDA G. MILLJOUR '" within instrument and DaUARDIAN/CONSERVATOR
a~dged to me that DOTHER,
¡. NOTARY PUBLlC-CALIFORNIA¡¡j h ,h, 'Y "I th,
COMM. NO. 1204250 -"
SAN DIEGO COUNTY J sa in hi er heir
authorized cap' ies), SIGNER IS REPRESENTINa,
MY COMM;';;:;'JAN, 6, 2003 and that by hi er heir INama of Pe"onlel "' Ent"Y¡;..1
signature(s) on e
instrument the person(s).
or the entity upon behalf
of which the person(s)
acted. executed the RlaHT THUMBPRINT 10ptionail
instrument.
Witness my hand and official seal. D
ISEALI i?~ ~U1'1J ' ,
~
. ISla URE OF NOT, F
CAPACITY CLAIMED BY SlaNERIS)
DINDIVIDUALISI
DCORPORATE
ATTENTION NOTARY
OFFICERISI
The information requested below and in the coiumn to the right is OPTIONAL. mm~
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any DPARTNERISI DLiMITED
unauthorized document, DGENERAL
DATTORNEY IN FACT
THIS CERTIFICATE Tole", Tvpa of Document DTRUSTEEISI
MUST BE ATTACHED DaUARDIAN/CDNSERVATOR
TO THE DOCUMENT Numba, of Pege, ~ D"e of Document DOTHER,
DESCRIBED AT RlaHT,
Slgn,'¡,1 o.he, n"" Named Above
SIGNER IS REPRESENTING,
IName of Pe"onle, 0' Entltv¡;ael
WOlCOTTS FORM B3240 R,v. 3,B4 f"", of... 8'2AI ~1994 WOlCDTTS FDRMS,,"C
All PURPOSE ACKNOWlEDGMENT WITH SfGNER CAPACfTYIREPRESENTATfONITWO FlNGERPRfNTS
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