Grant of Right of Way 1978-358565 •
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BOOK 1$7���Ot
r 030 ) S 51978 ANDC�TLE INSURANCE CO. \
When Recorded Mail To: )) Noway wiuIIILIpol Water District I AUG 23 8.00 AM'7p
POWAY MUNICIPAL WATER DISTRICT ) UrrICIAL RECORDS ,/
SAN DIEGO COUNTY, CALIF
Post Office Box 348 HARLEY F. BLOOM
1'Dway, California 92064 ) RECORDER
NO FEE
313754-R
SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated December 12 , 1977 , recorded in the Office of the County
Recorder of San Diego County, December 14, 1977 File No. 77-515475
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
Riley J. and Onie 0. Lively
to POWAY MUNICIPAL WATER DISTRICT, it being understood and agreed that
foreclosure of said Deed of Trust shall not affect, 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,
Riley J. and Onie 0. Lively as Trustor,
Title Insurance and Trust Company as Trustee,
and Union Mutual Life Insurance Company as Beneficiary.
Beneficiary declares and acknowledges that it hereby intentionally waives,
relinquishes and 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 waiver, relinquishment and 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 y Beneficiar of this waiver, q Presse relinquishment and subordination. Please
R:
m,we nochnrge
for recording the ,tl
ach ,. i II
Is belnR recordfd In
DATED: April 13, 1978 BENEFICIARY: connection w.ln•nn,.
ernment Agency Irr.
nsectlon.
• Union Mutual Life Insurance Company
R/w # 313754-R _ a
Exc. 0 20
Proj . Lively Center BY: � -c ��'
Storage 1 .econd�jViiic- P -siden r'-• • TITLE -
BY: , L Cu 21, ' / C? '
( 1 '.
Assis,ant Secretary `;• TITLE
STATE OF MAINE • _, SS.
COUNTY OF CUMBERLAND
On April 13, 1978 before me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared Neal C. Gould , FOR NOTARY SEAL OR STAMP
known to me to be the2nd Vice President, and
Viola J. Vlahakos , known to me to he
Assistant Secretary of the corporation that executed
the within Instrument, known to me to be the persons . r ; .......
who executed the within Instrument on behalf of the ^• - ,�•'s
ftf a �-- i•
corporation therein named, and acknowledged to be that •
_
Y N
such corporation executed the within instrument pursuant a ! •
t . ^ ' 1,
to its by-laws or resolution of its board of directors . = t:
..
•
Signature ofaty
MY COMMISSION EXPLP,ES
APRIL 28, 1934
Y•,
• .
.- 4il
•
031
EXN/B/ T A
GRANT OF RIGHT OF WAY
RILEY J. LIVELY and ONIE 0. LIVELY, husband and wife
, ,u <irant r, for ,ind in consideration of the sum of One Dollar and
other valuable consideration paid by.
POWAY MUNICIPAL WATER DISTRICT, a public corporation
as Granter.receipt whereof is hereby acknowledged,do hereby grant to said . .
POWAY MUNICIPAL WATER DISTRICT
its successors and assigns,an easement of right of way 20.00 feet in width 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 not 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 time,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 for access to Grantees 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:
All that portion of the Southeast Quarter of the Northwest Quarter of Section 13,
Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San
Diego, State of California, according to United States Government Survey, described
as follows:
Commencing at the Southeast corner of said Southeast Quarter of the Northwest
Quarter of Section 13; thence along the Southerly line of said southeast Quarter
of the Northwest Quarter, North 89°03' 30" West, 459.50 feet to the Southwest
corner of land described in deed to Raymond Hampe, recorded August 25, 1953 in
Book 4965, page 184 of Official Records and the TRUE POINT OF BEGINNING; thence
along the Westerly line of said Hampe' s land, North 01 °54' 00" East, 489.33 feet
to the Southwest corner of land described in deed to Ernest H. Peacock, et al ,
recorded September .2, 1953 in Book 4974, page 78 of Official Records; thence
along the Westerly line of said Peacock' s land, North 01 °54'00" East, 315.85
feet, more or less, to an angle point in the Southerly boundary of land described
in deed to Ernest H. Peacock .et al , recorded February 2, 1954 in Book 5128, page
345 of Official Records; thence along the Southerly line of said Peacock's land,
North 88°59' 00" West, 247.54 feet to the Southwest corner of said land; thence
Southwesterly in a straight line to the Northwest corner of land described in
deed to John Henry Caudell , et ux, recorded February 15, 1954 in Book 5141 , page
464 of Official Records; thence along the Northwesterly line of said Caudell ' s
land, South 36°55'00" West, 395.88 feet to the Southwesterly corner thereof, being
a point on the Southerly line of said Southeast Quarter of the Northwest Quarter;
thence along said Southerly line, South 89°08' 30" East, 695.50 feet to the TRUE
POINT OF BEGINNING.
-,� S- ..k ,,f"w:''1� '4! i)011 ', •'" M+w-".; ,wtr#'*^ - yam,
Xi(JW4. YXX1XXX&S.d easement of right of way in the aforesaid lands is particularly described as follows.
• ,. , . , . . . .
XKiXXXXXXXXXIXS.,i easement of rtjell W4 in the aluresat,l Ia1)J5 is pato(ul.ulh JC a> (i lluws
•
1 0 k 2
A strip of land 20.00 feet of even width, the center line of said 20.00 foot
wide strip of land being described as follows:
Beginning at the Southwest corner of the Easterly 10.00 feet of the property
described above; thence along the Westerly line of said Easterly 10.00 feet,
North Ol°54'00" East 361 .00 feet; thence North 43°06' 00" West 116.24 feet.
EXCEPTING THEREFROM, that portion of the above described 20.00 foot wide strip
of land lying within the Southerly 50.00 feet of the lands first above described.
The sidelines of the above described 20.00 foot wide strip of land shall be
prolonged or shortened on the Northwest as necessary so as to terminate in the
location and prolongations of a line which bears North 88°06' 00" West from the
Northwesterly terminus of the above described center line.
Grantor and their successors in estate shall not erect or construct,or permit to he 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 cut and clear away any trees and brush whenever in its judgment the same shall he 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 their 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.
.31nIn Rt ,
lhrrrnf, the Grantors have executed these presents this "1 day
Executed in the Presence of. / J
J/
Witness.
317-101-42, 41 fitness.
TAX PARCEL NO.—
R/W No.-313.7_ 4-:
_--
DRAWN BY
CHECKED BY
ACCT. NO._ C-P03-245-90 -_ - - NOTARIES—USE PROPER FORM ON BACK.
DATE_ 3-23-78 / sjd —
'/W-Grant•form 8101-6
STATE OF CALIFORNIA
COUNTY OF_an__ - -- --- 1Ss. 1 033
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On_ r E__I �� �7 before me, the undersigned, a Notary Public in and for
o
o e 7� h ; j-e-• said State. personally eppeared.. � y .42,-�d- C h 4.-E.-
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known to me to be the person S . whose name_ —__ �++ OFFICIAL SEAL
• 3 BARBARA JEAN VANICE
a subscribed to the within instrument and acknowledged to me
i L c. 1 hUi0mr : • CAtthifroilA
7 that -4 - ( - -- - - -- -executed the same. •Y1F .ICE t,V
COUNTY
WITNESS my hand and official seal. My Commission Espites May 18, 1381
E i
`o Signature ••9
u.
Name (Typed or Printed) (This area for official notarial seal)
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SEC. /3
//.. /ND/CATES WATER
L/NE EASEMENT
Base Map # 2
I Project: LIVELY CENTER STORAGE NQ 1 Tax Parcel # 317- /0/-42, 43
PLAT
of easements required by the
Poway Municipal Water District
C.A.N. _ C-PO3-Z45-00
Prepared by: R/W # 3/3754 -R
Boyle Engineering Corporation Date: MAR. 24, 1978