Recording Requested by
City of Fontana
8353 Sierra Way
Fontana, CA 92335
After Recording Return to
City Attorney-City of Fontana
Best Best & Krieger, LLP
2855 E. Guasti Rd., Suite 400
Ontario, CA 91761
(Space above this line for recorder's use)
Exempt from fees pursuant to
Government Code Sections 6103 and 27388.1
APN:0236-052-47
SUM IN LIEU OF UTILITY UNDERGROUNDING LIEN
City of Fontana (“Claimant”), with its principal address at 8353 Sierra Avenue, City of Fontana CA, 92335, hereby claims a sum in lieu of utility undergrounding lien on the real property located at 14562 Slover Avenue, Fontana, California, identified with Assessor’s Parcel Number 0236-052-47 (“Property”), owned or reputed to be owned by Pinnacle Realty & Holdings, LLC, (“Owner” of the Property), for the sum of NINETY ONE THOUSAND TWO HUNDRED DOLLARS AND ZERO CENTS ($91,200.00), which is due and unpaid (after deducting all just credits and offsets) on that certain Sum in Lieu of Utility Undergrounding Deferral and Lien Agreement dated _____________ between Claimant and Owner pursuant to Fontana Municipal Code (“FMC”) Section 27-54 where the Claimant allowed such agreement in lieu of undergrounding off-site utilities at the Property as required under FMC Section 27-52.
Date: ________________
_________________________________
By: Matthew Ballantyne
Its: City Manager
[Continue with required notice of lien]
SUM IN LIEU OF UTILITY UNDERGROUNDING LIEN: ATTENTION!
On the recordation of the enclosed SUM IN LIEU OF UTILITY UNDERGROUNDING LIEN with the county recorder's office of the county where the property is located, your property is subject to the filing of a legal action seeking a court-ordered foreclosure sale of the real property on which the lien has been recorded. That legal action must be filed with the court no later than 90 days after the date the mechanics lien is recorded.
You are receiving this notice because it is the claimant’s intention to file a lien foreclosure action against your property. The foreclosure action will seek a sale of your property in order to pay the remaining balance of the Sum in Lieu of Utility Undergrounding Deferral and Lien Agreement for your property. This may affect your ability to borrow against, refinance, or sell the property until the lien is released.
VERIFICATION
I am the claimant authorized to make this verification and the foregoing Claim of Lien is true of my own knowledge, except for matters stated in it on the basis of my information or belief, and as to those matters I believe it to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: ________________
_______________________________
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
PROOF OF SERVICE
On ______________, 20__, the undersigned declarant served copies of the above SUM IN LIEU OF UTILITY UNDERGROUNDING LIEN on the _ _[owner/reputed owner]_ _ named below by _ _[registered mail/certified mail/first-class mail]_ _ at the addresses shown below:
Pinnacle Realty & Holdings, LLC
14562 Slover Avenue
Fontana, CA 92337
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
[Signature]
[Typed Name]