2000-406170
2655 DOC J .2000-0406170
"I
RECORDING REQUESTED BY: ] AUG Ol~ 2000 B: 0'::5 At'"ï
]
CITY OF ENCINIT AS ] OrFIC I ÀL ~'ECOfi'DS
] BAN DIEGO COUNTY fi'l:GOPDER'3 OFFICF
WHEN RECORDED RETURN TO: ] GFfGOk'Y 1. :3HITH, COUN¡Y REGOh'l;r[R
] FEES: 0001:
CITY CLERK ] 11111/111'111111111111 1111 1/1111 11111 II'!! II!!' II/II IIIII III!! 11111111
CITY OF ENCINITAS ]
I 505 S. VULCAN AVENUE ]
\\ 2000-0406170
ENCINITAS, CA 92024 ] (For Recorder's Use Only)
~ !/I/'.. Assessor's Parcel No. 256-232-09
~. , .,¿- ~
" LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
\\
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\. THIS AGREEMENT entered into by and between the CITY OF ENCINITAS, a municipal
... corporation of the State of California sometimes hereinafter referred to as "City," and Davis W.
. and Laura K. Woodward, 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 1. 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
2656
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.
2t.;ITN,ESS WHEREOF the parties have executed this agreement this 2--?= day
of - J2. ¡ L- , 2000, Encinitas, California.
By, ß]~"()«)'h_Ú~ By: ß:u~'\iv ¡¿ Iv.) qy-,i.r¡c".{1
Davis W. Woodward Laura K. Woodward
(Signatures must be notarized)
By:
ATTEST:
l~ D^C~~
eborah Cervone, City Clerk
con6402
2657
EXHIBIT "A"
PARCEL 1:
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 Northwesterly 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 Lot; thence South 1 °54'10" West along
said East line 150 feet to the True Point of Beginning; thence continuing South 1 °54'1 0" West
69.95 feet, more or less, to an angle point in said East line; thence North 89°54'30" West along
the Westerly prolongation of the Northerly line of that portion of said Lot 29, having a bearing
and distance of North 89°54'30" West 175.61 feet, as shown on said Map to a point in said West
line of Lot 29; thence North 0°35'30" East along said West line to a line which bears North
89°54'30" West from the True Point of Beginning; thence South 89°54'30" East to the True Point
of Beginning.
PARCEL 2:
The Westerly 4 feet of the Southerly 75.00 feet of that portion of the Northeast Quarter of the
Northwest Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California, according to United States
Government Survey thereof, described as follows:
Beginning at the Northeast corner of the Northwest Quarter of said Section 10: thence along the
Northerly line of said Northwest Quarter north 89°54'30" West 177.20 feet to the Northwest
corner of land described in deed to Guy W. Rozzotto, et ux, recorded April 2, 1968 as File No.
54409; thence along the boundary of said Rizzotto's land as follows:
South 01°54'10" West, 250.03 feet and South 89%4'30" East, 175.61 feet to the Easterly line of
said Northwest Quarter; thence along the Easterly line of said Northwest Quarter, North
02°17'00" East, 250.06 feet to the point of beginning.
Said Southerly 75.00 feet being measured along the Westerly and Easterly lines of the
hereinabove described land.
Excepting therefrom that portion of the Westerly 4 feet thereof lying Northerly of a line described
as follows:
Beginning at a point on the Easterly line of the Westerly 4.00 feet of the first above described
land distant thereon South 01°54'10" West, 10.00 feet from the Northerly line of said Southerly
75.00 feet as herein described; thence Northwesterly in a straight line to a point on the Westerly
line of said Rizzotto's land, distant thereon North 01 °54'1 0" East, 69.03 feet from the Southwest
corner of said land.
PARCEL 3:
An easement and right-of-way for ingress and egress over the Westerly 10 feet of that portion of
said Lot 29 lying Northerly of the land described in Parcel 1 above.
APN: 256-232-09
ml6443
658
State of ~ ~U~ "'"' ~"._., ",~"~
County of .. I..Jj ¡;~ .
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On(~L,.z&j~efOre me,#4,o'CM [i¡./lk[J!:)O£; p()I3L/C ~
IOATEI INAMEiTlTLE OF OFFICER.i.e."JANE DOE. NOTARY PUBLIC'I ~
0
personally appeared -<.fiUj?A K. ¿<..kJOOIV4£:.1) c;t.-£{c:IL ~
(NAME!S OF SIGNERIS )
MtJ £.. .. CAPACITY CLAIMED BY SIGNERIS)
. I J UJ; LU /þ1/1 I./)Ò () 0 J1/ M4 DINDIVIDUAl\S)
DCORPORA TE -
0 personally known to me -OR-~ proved to me on the OFFICERISI ITITUS)
basis of satisfactory OPARTNERIS) OlIMITED
evidence to be the DGENERAL
ær (s) whose name(s) DATTORNEY IN FACT
I re :->subscribed to the OTRUSTEEIS
r----- . - .......... 1 WI' In instrument and DGUARDIAN/CONSERVATOR
a.:.. OFFICIAL SEAL acknow~d to me that DOTHER:
";- . RANDA G. MILLJOUR he/she~.~xecute
á5 ~ . NOTARY PUBLlC..CALIFORNIA~ same In his/he their
<r . COMM. NO. 1204250 !: authorized capacity SIGNER IS REPRESENTING'
'. SAN DIEGO COUNTY . .
.. . .. MY COMM. EXP. JAN. 6 2003 ard that by his/he INama of Pe,.onl.) or Entity(iu)
, slgnature(s) on th
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument. RIGHT THUMBPRINT (Optional)
Witness my hand and official seal. ~ I
~
,=uf:?auøla/ (j¡ ~({,jdLH' ¡
ISIGNAT E OF NOTAR
CAPACITY CLAIMED BY SIGNERIS)
DINDIVIDUALIS
OCORPORATE
ATTENTION NOTARY
OFFICERISI
The information requested below and in the column to the right is OPTIONAl. ITITLES!
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any DPARTNERIS) OUMITED
unauthorized document. DGENERAL
OATTORNEY IN FACT
THIS CERTIFICATE Tole or Type 01 Document -~. DTRUSTEEIS
MUST BE ATTACHED DGUARDIAN/CONSERVATOR
TO THE DOCUMENT Number of Pages ~ Date 01 Document DOTHER: ~_.._-
DESCRIBED AT RIGHT:
Signerlsl Other Than Named Above -------
SIGNER IS REPRESENTING:
IName of Personls) 0' Entity!ie.)
WOLCOTTS FORM 63240 Rev. 3.94 Ip,'" or... 9.2AI <»'994 WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWlEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONITWO FINGERPRINTS
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