2000-406169
.
. r651 DOC 82000-0406169
. RECORDING REQUESTED BY: AUG 01. 2000 8:03 AM
]
CITY OF ENCINITAS ] OFFICIAL 1\t:C!J\DS
] SAN DIEGO C!ŒTV l\t:æRDER'S OFFICE
WHEN RECORDED RETURN TO: ] GREGORV J. SMITH, COUNTY REæRDER
~¡R~E~~ I !iillil,11111
~ ENCINITAS, CA 92024 ] (For Recorder's Use Only)
~-01,) Assessor's Parcel No. 256-232-10
~ ¡.(, LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
, THIS AGREEMENT entered into by and between the CITY OF ENCINIT AS, a municipal
~ corporation ofthe State of California sometimes hereinafter referred to as "City," and John J. and
~ Andree E. Thomerson , 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 ofthat
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
con6402
. 2652. .
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 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 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.
IN WITNESS WHEREOF the parties have executed this agreement this 1/1.. day
, 2000, Encinitas, California.
By: ~ .r ~{fr-
Andree E. Thomerson
(Signatures must be notarized)
By:
ATTEST:
~~ Q.,. (' () . ~ -<2-
Deborah Cervone, City Clerk
con6402
. 2653 .
Exhibit "A"
The Westerly 123 feet of the following described parcel of land:
All that portion of Lot 29 of PASSIFLORA ACRES, in the 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 to the TRUE POINT OF BEGINNING; thence North 89°54'30" West, 253.25
feet to the Westerly line of said Lot; thence North 0°35'30" East along said Westerly line 90 feet
to a point in the Westerly prolongation of the Northerly line of said Lot 29, said Northerly line
being designated as North 89°54'30" West, 175.61 feet as shown on said Map No. 2355, thence
South 89°54'30" East along said prolongation and said Northerly line 255.80 feet to the East line
of said Lot; thence South 2°17' West along said East line 90.13 feet to the TRUE POINT OF
BEGINNING.
APN: 256-232-10
ml6443
. 2654 .
State of ('1~ ~ RIGHT THUMBPRINT 10ptional)
County of ./1u;ff .Ðð17J¡e'f D
on,Þ)f 1«) before me;:ï?¡AilJI1 g,.JI//.£lJU.e jJtJ[3¿K-
, IDATEI INAMEITITlE OF OFFICER.Le.'JANE OOE. NOTARY PUBLIC"
personally appeared \Jòt.!N v' ~ -AuJR é. t. ¡;:
INAMEISI OF SIONERISII
IIfIJ/J1éæó{)N CAPACITY CLAIMED BY SIGNER'S)
OINDIVIDUALISI
OCORPORATE
0 personally known to me -OR- ý¡rJ groved to me on the OFFICERISI
mrus¡
as is of satisfactory OPARTNERISI OLlMITED
evidence to be the OGENERAL
P~(S) whose name(s) OATTORNEY IN FACT
t @ Œ"~ ,,^' 1 IS re subscribed to the OTRUSTEEISI
WI In instrument and OGUARDIAN/CDNSERVATOR
ackno~d to me that OOTHER,
- RANDA G. MILLJOUR he/she t executed the
¡¡¡. NOTARY PUBLlC'CALIFORNIA~ same' his/her I
'" . COMM. NO. 1204250 ~
'. SAN OIEGO COUNTY authorized capacitY. . SIGNER IS REPRESENTING:
MY CO MM. EXP. JAN. 6, 2003 and that by his/h /the' INe... of Po..onfel or EntOYI"el
signature(s) on t
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the RIGHT THUMBPRINT fOptlonall
instrument.
Witness my hand and official seal. D
fSEAl) X'~ $~ ì)Lh
fSIGNA OF NOTA CAPACITY CLAIMED BY SIGNER'S)
OINDIVIOUALISI
OCORPORATE
ATTENTION NOTARY
OFFICERfSI
The information requested below and in the column to the right is OPTIONAL. mmS!
Recording Df this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate tD any DPARTNERISI OlIMITED
unauthorized document. OGENERAL
OATTORNEY IN FACT
THIS CERTIFICATE Title Of Type of Docu...nt OTRUSTEEIS,
MUST BE ATTACHED OGUARDIAN/CONSERVA TOR
TO THE DOCUMENT Number of pegee - Date of Document OOTHER,
DESCRIBED AT RIGHT,
Signa,I.' Other Then Nemed Abow
SIGNER IS REPRESENTING:
INem. of Po..onlel or Entity"'"
WOLCOTTS FORM ."40 Re,. 3-94 "",e ,,... 8-2A1 °'984 WOLCOTTS FORMS. 'NC.
P RPOSE K OWLEO MENT WITH SIGNER CAPACITY/REPRESENTAT'ONfTWO FlNGE",R'NTS
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