Subordination Agreement 1978-111231 )
0 • 1.(-;77 ) • 78-411231
When Recorded Mail To: ) FILE/PAGE NO_.BOOK 1978
) RECORD
f J REU
POWAY MUNICIPAL WATER DISTRICT ) FIRST AMERICAN TITTLLEOCO.
Post Office Box 348 ) MAR 2 2 8:00 AM'78
Poway, California
92064 )
OFFICIAL RECORDS
7 /..373 — (� ) SAM DIEGO COUNTY CALIF.
MUT t. KWIC
SUBORDINATION AGREEMENT EOR
NO FE6
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated January 18, 1978 , recorded in the Office of the County
Recorder of San Diego County, February 8, 1978 File No. 78-051264
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
Business Properties Partnership No. 16
to POWAY MUNICIPAL WATER DISTRICT, it being understood and agreed that
foreclosure of said Deed of Trust shall not affecf, defeat or render invalid
any rights under and by virtue of said easement, and said easement shall be
paramount and superior to the rights of any purchaser under a foreclosure
of said Deed of Trust.
Said easement is described in EXHIBIT "A" attached hereto and affects the
real property described in the said Deed of Trust,
Business Properties Partnership No. 16 • as Trustor,
DSL Service Company as Trustee,
and Downey Savings and Loan Association as Beneficiary.
Beneficiary declares and acknowledges that it hereby intentionally mimeo;
xukSc>xcToticacbcecscxXad subordinates the priorities and superiorities of the lien
and charge of said Deed of Trust upon the land described therein in favor
of said easement, and that it understands that in reliance upon and in
consideration of this dlAic9caxlCXm( ktuf>31ScelmatxXX>! x i subordination specific
monetary and other obligations will be entered into by Third Parties which
would not be made or entered into but for said reliance and the execution
by Beneficiary of this visictaxsxmalmeitIghM6KIMOVA subordination.* *(Nothing
contained herein shall be deemed or construed to constitute a subordination of the
interest of the said Beneficiary except with respect to the herein described easement. )
DAtEb: c.5--a- 7b .BENEFICIARY:
• Downey Savings and Loan Association
R/W # 761373-6
Exc. # a(2-13-78 supp. ) _
Proj . Poway Shopping BY:
Plaza t TITLE
• ss 7 ,Se , TITLE
STATE OF CAL FORNIA, SS.
COUNTY OF /P/1,U C:'L"
OnA2c` 9, /9'75 before me, the under -
signed, a Notary Public in and for said County and
State, Personally appearedoy �. ,�,_sv L,, Z , FOR NOTARY SEAL OR STAMP
known to me to be the \,, c4,- 'President, and
T Rec Ng/ , known to me to be
,/ -. Secretary of the corporation that executed
the within Instrument, known to me to be the persons ••••••••••••••••••••••••••••••
who executed the within Instrument on behalf of the OFFICIAL SEAL •
"Au. CAROLE HUDDLESTON •
corporation therein named, and acknowledged to be that •• NOTARY PUBLIC - CALIFORNIA :
such corporation executed the within instrument pursuant • 4.4* PRINCIPAL OFFICE IN 4
to its by-laws or resolution of its board of directors . : ORANGE COUNTY
• My Commission Expires Aug. 27, 1981 •
••••••••••••••••••••••••••••••
Signature of Notary
• DOC .2.c A
mask ,
1pww
16:
All those portions of said Lot 1 included within the 10.00 foot wide strips of
land described in Parcels "A" through "J" inclusive as follows:
Parcel "A" :
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows :
Commencing at a point in that certain course in the center line of that certain
20.00 foot wide strip of land described in Parcel 1 in Deed to the Poway
Municipal Water District, filed in the Office of the County Recorder of said
San Diego County April 14, 1977 , as Document No. 77-136326 of Official Records,
which is designated in said Deed and is shown on said Map No. 8558 as
"North 10°36'03" West 78.65 feet", distant thereon South 10°36'03" East 14.50
feet from the Northerly terminus of said course, being Point "A" of this
description; thence North 79°23 '57" East 10.00 feet to the TRUE POINT OF
BEGINNING; thence continuing North 79°23'57" East 42.57 feet.
Parcel "B" :
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows :
Commencing at the point designated in Parcel "A" above as Point "A"; thence
continuing along said center line of said land described in Parcel 1 in Deed
to the Poway Municipal Water District, North 10°36'03" West 14.50 feet to an
angle point therein, and North 44°35'51 " West 37.02 feet to Point "B" of this
description; thence South 45°24'09" West 10.00 feet to the TRUE POINT OF
BEGINNING; thence continuing South 45°24'09" West 14.00 feet.
Parcel "C" :
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows:
Commencing at the point designated in Parcel "B" above as Point "B"; thence
continuing along said center line of said land described in Parcel 1 in Deed
to the Poway Municipal Water District, North 45°24'09" East 70.50 feet to
Point "C" of this description; thence North 44°35'51 " West 10.00 feet to the
TRUE POINT OF BEGINNING; thence continuing North 44°35'51 " West 19.00 feet;
thence South 45°24'09" West 17.70 feet.
Parcel "D" :
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows:
Commencing at the point designated in Parcel "C" above as Point "C"; thence
continuing along said center line of said land described in Parcel 1 in Deed
to the Poway Municipal Water District, North 45°24'09" East 176.34 feet to an
angle point therein, and North 12°47"02" West 84.09 feet to Point "D" of this
description; thence North 77°12'58" East 10.00 feet to the TRUE POINT OF
BEGINNING; thence continuing North 77°12'58" East 7 .50 feet.
Parcel "E" :
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows :
Commencing at the point designated in Parcel "D" above as Point "D"; thence
continuing along said center line of said land described in Parcel 1 in Deed
to the Poway Municipal Water District, North 12°47 '02" West 120.00 feet to
an angle point therein, and North 77°12'58" East 169.00 feet to Point "E" of
this description; thence South 12°47 '02" East 10.00 feet to the TRUE POINT
OF BEGINNING; thence continuing South 12°47 '02" East 25.00 feet.
Parcel "F": 1f`'9
ti
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows:
Commencing at the point designated in Parcel "E" above as Point "E" ; thence
continuing along said center line of said land described in Parcel 1 in Deed
to the Poway Municipal Water District, North 77°12'58" East 28.81 feet to an
angle point therein, and South 88°44'52" East 95.57 feet to Point "F" of
this description; thence South 1°15'08" West 10.00 feet to the TRUE POINT OF
BEGINNING; thence continuing South 1°15'08" West 85.00 feet.
Parcel "G" :
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows:
Commencing at the point designated in Parcel "F" above as Point "F"; thence
continuing along said center line of said land described in Parcel 1 in Deed
to the Poway Municipal Water District, South 88°44'52" East 126.70 feet to
Point "G" of this description, thence South 1 °15'08" West 10.00 feet to the
TRUE POINT OF BEGINNING; thence continuing South 1°15'08" West 5.00 feet.
Parcel "H" :
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows:
Commencing at the point designated in Parcel "G" above as Point "G"; thence
continuing along said center line of said land described in Parcel 1 in Deed
to the Poway Municipal Water District, South 88°44'52" East 196.50 feet; thence
South 1°15'08" West 10.00 feet to the TRUE POINT OF BEGINNING; thence continuing
South 1°15'08" West 85.00 feet.
Parcel "I" :
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows:
Commencing at a point in that certain course in the center line of that certain
20.00 foot wide strip of land described in Parcel 3 in Deed to the Poway
Municipal Water District, filed in the Office of the County Recorder of said
San Diego County April 14, 1977, as Document No. 77-136326 of Official Records,
which is designated in said Deed and is shown on said Map No. 8558 as "North
21°45'00" West 225.70 feet" , distant thereon South 21°45'00" East 82.06 feet
from the Northwesterly terminus of said course, being Point "I" of this
description and the TRUE POINT OF BEGINNING; thence South 88°44'52" East
174.39 feet.
EXCEPTING therefrom, that portion thereof included within said Parcel 3 of said
Deed.
Parcel "J" :
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows :
Commencing at the point designated in Parcel "I" above as Point "I"; thence
continuing along said center line of said land described in Parcel 3 in Deed
to the Poway Municipal Water District, South 21 °45'00" East 111 .18 feet to the
TRUE POINT OF BEGINNING; thence South 88°44' 52" East 52.81 feet.
EXCEPTING therefrom, that portion thereof included within said Parcel 3 of said
Deed.
XlMtXXXIKNIXYASaid easement of right of way in the aforesaid lands is particularly dem. ibed as follows.
•
1';3(.)
Grantor and i tS successors in estate shall not erect or construct,or permit to be erected or constructed,any building
or other structure,plant any tree or trees,or drill any well or wells,within the limits of said right of way.
Grantee shall have the right to erect,maintain and use gates in all fences which now cross or shall hereafter cross said route or
routes, and to trim and cur and clear away any trees and brush whenever in its judgment the same shall be necessary for the con•
venient and safe exercise of the rights hereby granted,the right to transfer and assign this easement in whole or in part being here-
by granted to the Grantee.
Grantor agrees that no other easement or easements shall be granted on,under or over said strip of land by Grantor,without
the previous written consent of Grantee. •
It is also understood and agreed by the parties hereto that the Grantor and ItS....successors or assigns,shall not increase
or decrease,or permit to be increased or decreased, the existing ground elevations of the above described right of way,existing
at the time this document is executed,without the previous written consent of the Grantee.
in illitntss ilihtrraf. the Grantor has executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness.
TAX PARCEL NO. 317-153A 4
R/W No. 7613 - _
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-216-0Q NOTARIES—USE PROPER FORM ON BACK.
DATE January 12, 1978/jlg
R,W.Grant-Form B101—6
a 1631
EXHIBIT "A
GRANT OF RIGHT OF WAY
BUSINESS PROPERTIES PARTNERSHIP NO. 16
, as Grantor, tor and in consideration of the sum of One Dollar and
other valuable consideranon pard b} PQWay Municipal Water, District, a public corporation
as Grantee,receipt whereof is hereby acknowledged,do hereby grant to said
Poway Municipal Water District
its successors and assigns,an easement of right of way..XXXXXXXXXXXXXXXXXX:XXOX X% in,upon,over,under,and across the
lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and
all purposes,together with their necessary fixtures and appurtenances including but nor limited to facilities for power transmission
and communication purposes,at such locations and elevations, upon,along,over and under the hereinafter described right of way
as Grantee may now or hereafter deem convenient and necessary from time to rime,together with the right of ingress thereto and
egress therefrom, to and along said right of way by a practical route or routes in,upon,over and across the hereinafter described
lands,together with the right to use said right of way fur access to Grantee's rights of way situated in adjacent lands.
The lands in which said easement of right of way is hereby granted are situated in the County of San..Diego
State of California,and are particularly described as follows,to wit.
Lot 1 of Poway Shopping Plaza Unit No. 1 , in the County of San Diego, State of
California, according to the Map thereof No. 8558, filed in the Office of the
County Recorder of said San Diego County May 4, 1977.
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• Base Map # 2
Project: PO WAY 51-/OPP/NG PLAZA Tax Parcel # 317- 153- /4
PLAT
of easements required by the
Poway Municipal Water District
C.A.N. C-PO3-2/6?-0O
Prepared by: RAW # 7/373-
Boyle Engineering Corporation Date: JAN. 12, /978