2000-406171
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.
. 2659 DOC 82000-0406171
, RECORDING REQUESTED BY: ] AUG 01.. 2000 8:03 AM
]
CITY OF ENCINIT AS ] [ffICIAl RECOOS
] ~ DIEGO i:.'OIM'Y REt:Ε“DER'S OFFICE
WHEN RECORDED RETURN TO: ] GIi'ÐD\'Y J. 8/oIITH, æoov RECORDfR
] FEES: 0.00
CITY CLERK ] II""II""""I""II~I"""""I~"I""I""I"~I"""""'~
CITY OF ENCINITAS ]
505 S. VULCAN AVENUE ] 2000-0406171
~ ENCINIT AS, CA 92024 ] (For Recorder's Use Only)
'ßtfì1 Assessor's Parcel No. 256-232-35
~ 1-15<,0
, K' 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 William J. &
Lauralie M. Stanton, 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 oftitle; 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
co06402
. 2660 .
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 ofthe 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 ø,ll j day
of ,?'/~y' , 2000, Encinitas, California.
.
BY:~/ Ldl4?ñ; By: (;/y>/~LqJ,: ~.)..~-.)
Illiam 4an n Lauralie M. Stanton
(Signatures must be notarized)
By:
ATTEST:
~'-"'--' ~!h.C~o
eborah Cervone, City Clerk
con6402
. 2661 .
Exhibit "A"
All that portion of Lot 29 of Passiflora Acres, in the City of Encinitas, County of San Diego, State
of California, according to Map thereof No. 2355, filed in the Office of the County Recorder of
San Diego County, September 27, 1946, described as follows:
Beginning at the Southeast corner of said Lot; thence North 2°17' East along the Easterly line
thereof 109.83 feet; thence North 8g054'30" West, 126.57 feet to the TRUE POINT OF
BEGINNING; thence continuing North 89°54'30" West 126.58 feet to the Westerly line of said
Lot; thence Southerly along said Westerly line to the Southwest corner of said Lot; thence
Easterly along the Southerly line of said Lot to a line which bears South 02°17' West from the
TRUE POINT OF BEGINNING; thence North 02°17' East to the TRUE POINT OF BEGINNING.
APN: 256-232-35
ml6443
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2662 .
STATEOFCALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
On May 2,2000, before me, LorindaJ. Ansley, Notary Public, appeared WilliamJ. Stanton
and Lauralie M. Stanton, proved to me on the basis of satisfactory evidence to be the
persons whose names are subscribed to the within instrument and acknowledged to rne that
they executed the same in their authorized capacities, and that by their signatures on the
instrument, the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
. ,~- 1
.,. LORINDA J. ANSLEY
:;s NOTARY PUBlIC'CALIFORNIA~
'" COMM. NO. 1196300 -
L'o' SANDIEGOCOUNlY J
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