Subordination Agreement 1979-411264 H ) 79-411264
) FILE/PAGE NO
• When Recorded Mail To: ) BOOK 1979
) RECORDED REQUEST OF
TITLE INSURANCE & TRUST CO.
POWAY MUNICIPAL WATER DISTRICT )
• Post Office Box 348 ) OCT 3 8:OOAM'79
Poway, California 92064 ) OFFICIAL RECORDS
) 1/4/Lie DIEGO COUNTY, CALIF.
I'�r ) /Li G RECORDER vim
/v/)✓ J�Jpro� SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated November 1 , 1978 , recorded in the Office of the County
Recorder of San Diego County, November 2, 1978 File No. 78-476438
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
EDWARD C. MALONE and BARBARA J. MALONE, rn_rrRr1cTF.PG, i1NfPP DPC`T.ARP PIflN
OF TRUST DATED December 14 1972
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,
HOFFMAN HOMFS, INC_ as Trustor,
SAFECO TITLE INSURANCE CO. as Trustee,
and SIMON MILLER and JOSEPH M. SHAW 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 Beneficiary of this waiver, relinquishment and subordination.
DATED: A``9 1 t- ?.11 19 7 9 BENEFICIARY:
•
•
• SIMON MILLER
R/w # 1055588
Exc. # 11
Proj . POWAY CENTER <�L\1" W`1 ✓ i
TRACT 3844-1 JOSEPH M. SHAW
NO CHARGE ON THIS DOCUMENT
FOR THE BENEFIT OF
• STATE OF CALIFORNIA, Pett.q rAW11.Ciped
COUNTY OF Rlvorside. SS.
On AN..y,_si-- a� /17 q before me, the under C�-
signed, a Notary Public in and for said County and State,
personally appeared A44 ((p ,r FOR NOTARY SEAL OR STAMP
.4- , known to me
to be the persons whose names a.c subscribed to the . ..
within instrument and acknowledged that he- executed 4R'� OFFICIAL SEAL
the same. �� ANNELLA S. SMITH
1 NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN
g •�r_�
RIVERSIDE COUNTY
My Commission Expires July 12, 1981 '
�L JCJ ,, Ai
Signature o Notary FILE
DOC. # 302- .
Pow Ry C Fti7 i2
STATE OF CALIF RNIA
'/ 1 ss. f
8
COUNT OF '�h Uf(–�e 0
E On U.L/ a �J , before me, the undersigned, a Notary Public in and for
' o said State, personally appeared /
I-
e
V
known to me to be the person whose name OFFiCiAL
• e
3 subscribed to the within instrument and acknowledged to 1•;.: JOA.'-.:• ,C2
NOTARY Pi ,' !.—C ; A
that executed the sa PR.t C:F'•+!. :Y:
RIYER'.IDE COUNTY
WITNESS my hand and official seal. )Sj
My Commission Expires January 14, 1983
EASignature ,"1..0 �dt-
JO ANN EHRKE
Name(Typed or Printed) {This area for official notarial seal)
, *
7•111
I
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
NAME
STREET
ADDRESS
CITY
STATE
ZIP This space for Recorder's use
ix Parcel No. 317-130-33 NO DOCUMENTARY TRANSFER TAX NO FEE
EXHIBIT "A"
GRANT OF RIGHT OF WAY
EDWARD C. MALONE and BARBARA J. MALONE, CO-TRUSTEES, under Declaration of Trust
.dated..December .1.4.,...1972 , as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by POWAY 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 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 trans-
mission 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 in-
gress thereto and egress therefrom,to and along said right of way by a practical route or routes in,upon,over and across the here-
inafter described lands,together with the right to use said right of way for 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:
ALL OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 14 SOUTH, RANGE 2 WEST. SAN BERNARDINO MERIDIAN• IN THE COUNTY
OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ALL THE PARCELS OF LAND DESIGNATED AND DESCRIBED
AS PARCELS 62356-A THROUGH F, INCLUSIVE . IN DEED TO THE COUNTY OF
SAN DIEGO. RECORDED NOVEMBER 13, 1963 AS INSTRUMENT NO. 202933.
i ALSO EXCEPTING FROM SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER THAT
PORTION LYING EASTERLY AND SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS:
ti
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE O
ej
NORTHEAST QUARTER ; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST
QUARTER. NORTH 89°08 '44" WEST (RECORD - NORTH 89°08 ' 30" WEST ACCORDING TO
RECORD OF SURVEY NO. 2407. NORTH 89°11 ' 00" WEST ACCORDING TO COUNTY ROAD
SURvt'r NU. 337-11; NORTH 88°41 '47" WEST ACCORDING TO COUNTY ROAD SURVEY
N0. 1713) . 32.62 FEET ENGINEER ' S STATION 228 PLUS 00. 37 P.O.T. ON THE
CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 1713 ; THENCE ALONG THE CENTER
LINE OF COUNTY ROAD SURVEY NO. 335. DATED APRIL 1917. NORTH 00°09 ' 51"
WEST (RECORD - NORTH 00°10' 00" WEST . ACCORDING TO SAID COUNTY ROAD SURVEY
NO. 335. AND NORTH 00°20'04" WEST ) 115.02 FEET TO THE NORTHERLY LINE OF
THE SOUTHERLY 115.00 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER AS DESCRIBED IN PARCEL 62356-B IN DEED TO THE COUNTY OF SAN DIEGO,
RECORD OF .SURVEY w0. 2407• NORTH 89°11 '00" WEST ACCORDING TD COUNTY Rnen
, *
(*)•
5�
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
NAME
STREET
ADDRESS
CITY
STATE
ZIP This space for Recorder's use
ix Parcel No. 317-130-33 NO DOCUMENTARY TRANSFER TAX NO FEE
EXHIBIT "A"
GRANT OF RIGHT OF WAY
EDWARD C. MALONE and BARBARA J. MALONE, CO-TRUSTEES, under Declaration of Trust
dated..December 14.,...1972 , as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by POWAY 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 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 trans-
mission 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 in-
gress thereto and egress therefrom,to and along said right of way by a practical route or routes in,upon,over and across the here-
inafter described lands, together with the right to use said right of way for 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:
ALL OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 14 SOUTH, RANGE 2 WEST. SAN BERNARDINO MERIDIAN• IN T-IE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ALL THE PARCELS OF LAND DESIGNATED AND DESCRIBED
Ac DADrCI c 1.71c1,—A TuonIIru C_ TMCI IICT \/C _ TM ncEn Tn TUC rnIIMTv nG
-- -
ALSO EXCEPTING FROM SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER THAT
PORTION LYING EASTERLY AND SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE Co/
NORTHEAST QUARTER ; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST
QUARTER. NORTH 89°08 '44" WEST (RECORD - NORTH 89°08 ' 30" WEST ACCORDING TO
RECORD OF SURVEY NO. 2407, NORTH 89°11 ' 00" WEST ACCORDING TO COUNTY ROAD
SURVtY NU. 355- 1 / ; NORTH 88°41 '47" WEST ACCORDING TO COUNTY ROAD SURVEY
NO. 1713 ) . 32.62 FEET ENGINEER ' S STATION 228 PLUS 00. 37 P.O.T. ON THE
CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 1713 ; THENCE ALONG THE CENTER
LINE OF COUNTY ROAD SURVEY NO. 335, DATED APRIL 1917, NORTH 00°09' 51"
WEST ( RECORD - NORTH 00°10' 00" WEST . ACCORDING TO SAI !) COUNTY ROAD SURVEY
NO. 335. AND NORTH t)O°20'04" WEST ) 115.02 FEET TO THE NORTHERLY LINE OF
THE SOUTHERLY 115.00 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER AS DESCRIBED IN PARCEL 62356-B IN DEED TO THE COUNTY OF SAN DIEGO.
imm_RECOaD OF-SURVEY ►+O. 2407...N.ORTS_J!t°11'.00" WEST ACCORDING TO COUNTY ROAD
SURVEY NO. 335- 17 ; NORTH 88041047" WEST ACCORDING TO COUNTY ROAD SURVEY
NO. 1713 ) , 32.62 FEET ENGINEER ' S STATION 228 PLUS 00. 37 P.O.T. ON THE
CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 1713; THENCE ALONG THE CENTER
LINE OF COUNTY ROAD SURVEY NO. 335, DATED APRIL 1417, NORTH 00°09' 51"
WEST (RECORD - NORTH 00°10'00" WEST. ACCORDING TO SAID COUNTY ROAD SURVEY
NO. 335. AND NORTH 00°20' 04" WEST ) 115.02 FEET TO THE NORTHERLY LINE OF
THE SOUTHERLY 115.00 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER AS DESCRIBED IN PARCEL 62356-B IN DEED TO THE COUNTY OF SAN DIEGO,
RECORDED NOVEMBER 13, 1963 AS FILE NO. 202933 ; THENCE ALONG THE SAID
NORTHERLY LINE . NORTH 89°08"44" WEST TO A LINE WHICH IS PARALLEL WITH AND
42 .00 FEET WESTERLY OF AND MEASURED AT RIGHT ANGLES TO SAID COURSE ABOVE
DESCRIBED AS NORTH 00°09' 51 " WEST BEING THE NORTHWEST CORNER OF THAT
PORTION OF COUNTY ROAD SURVEY NO. 1723. AS DESCRIBED IN SAID PARCEL
62356-8; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 62356-B, AND THE
SOUTHERLY PROLONGATION THEREOF. SOUTH 00009' 57" EAST TO THE NORTHERLY LINE
OF THE SOUTHERLY 50 .00 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER ; THENCE ALONG THE SAID NORTHERLY LINE NORTH 89°08 '44" WEST , 480.00
FEET TO THE MOST SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED POWAY
SQUARE . A LIMITED PARTNERSHIP, RECORDED DECEMBER 29. 1971 AS FILE/PAGE NO.
303142, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY
LINE OF POWAY SQUARE LAND, NORTH 00051 ' 16" EAST ( RECORD - NORTH 01° 18 ' 13"
EAST PER DEED ) 380.00 FEET TO THE MOST NORTHWEST CORNER OF SAID POWAY
SQUARE ; THENCE ALONG THE NORTHERLY LINE OF SAID POWAY SQUARE LAND, TO AND
ALONG THE NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 2 OF DEED TO
SAFEWAY STORES, INCORPORATED. RECORDED MAY 24 . 1971 AS FILE NO. 107125,
SOUTH 88°41 '47" EAST, 502.25 FEET. MORE OR LESS. TO THE WESTERLY LINE OF
PARCEL 67018 IN THAT FINAL ORDER OF CONDEMNATION OF THE SUPERIOR COURT OF
THE STATE OF CALIFORNIA . A COPY OF WHICH RECORDED JUNE 2 , 1969 AS FILE NO.
97071 .
AND ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN PARCEL 68288 IN FINAL ORDER
OF CONDEMNATION OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA , RECORDED
JUNE 2 . 1969 AS FILE NO. 97070 AND OF THE LAND DESCRIBED IN SAID PARCEL
67018 IN THE FINAL ORDER OF CONDEMNATION ABOVE DES.RIBED.
AND ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY
170.00 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE
WESTERLY LINE OF COUNTY ROAD SURVEY NO. 335. ACCORDING TO PLAT THEREOF ON
FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO COUNTY ; THENCE
ALONG THE WESTERLY LINE OF SAID ROAD SURVEY NO. NO. 335. NORTH 00°10' 00"
WEST TO THE BEGINNING OF A TANGENT 175.00 FOOT RADIUS CURVE. CONCAVE
SOUTHEASTERLY ; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF COUNTY ROAD SURVEY NO. 910.
ACCORDING TO PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF
SAN DIEGO COUNTY ; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO AN
INTERSECTION WITH A LINE WHICH BEARS NORTH 00°10' 00" WEST FROM THE POINT
OF BEGINNING; THENCE CONTINUING WESTERLY ALONG THE SOUTHERLY LINE OF SAID
ROAD SURVEY NO. 910. A DISTANCE OF 180.00 FEET; THENCE SOUTH 00° 10' 00"
EAST. 110.00 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 140. 00 FEET OF
SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13 ; THENCE
EASTERLY ALONG SAID SOUTHERLY LINE 15.00 FEET TO THE WESTERLY LINE OF THE
LAND DESCRIBED IN QUITCLAIM DEED TO SIMON MILLER , ET AL . RECORDED
JULY 7 , 1964 AS FILE NO. 121876; THENCE ALONG THE WESTERLY AND SOUTHERLY
LINE OF SAID LAND LAST MENTIONED AS FOLLOWS : SOUTH 00010 '00" EAST. 30.00
FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 170.00 FEET OF SAID SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER ; AND EASTERLY ALONG SAID SOUTHERLY LINE ,
165.00 FEET TO THE POINT OF BEGINNING.
AND ALSO EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PORTION
THEREOF. IF ANY, WHICH MAY BE INCLUDED WITHIN THAT PORTION OF THE
WESTERLY 197.48 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER .
LYING NORTHERLY OF THE NORTHERLY LINE OF SAID COUNTY ROAD SURVEY NO. 910.
•
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7.9
X06XXXIXXXIYakfSaid easement of right of way in the aforesaid lands is particularly described as follows
All that portion of the property described above included within 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 a point on the Westerly line of said Southwest Quarter of the
Northeast Quarter of Section 13, distant thereon North 2°18'56" East 376.06
feet from the Southwest corner of said Southwest Quarter of the Northeast
Quarter; thence South 88°43'41 " East 598.34 feet; thence South 1°16' 19" West
376.00 feet to the Southerly line of said Southwest Quarter of the Northeast
Quarter.
EXCEPTING therefrom, those portions thereof lying within the Westerly 33.00
feet and the Southerly 50.00 feet of said Southwest Quarter of the Northeast
Quarter of Section 13.
Grantor and their 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 cut 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.
• ]t is also understood and agreed by the parties hereto that the Grantor ...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.
.3n Mantas iOhrrrof. the GrantorS....Mv.e executed these presents this moi' day ohs • , 19.77.
Executed in the Presence of:
Witness.
i
II —�-.. .c.:......... .....i... . ......... ....
Witness. �
TAX PARCEL NO. 317-130-11
• R/W No._ l n55588
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-2J5-00 NOTARIES—USE PROPER FORM ON BA
DATE July 16, 1979/jig
ROW-Grant-Form 8101-6
•
•
•
SW k4- OF NE At
SEC. /3, T. /4S., R. 2 W.
Q 20 '
S 884.344/E 598.34`
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L INE EASEMENT
Project: POWAY CENTER - TRACT 3844 - 1
References: PLAT C.A.N. C-P03- 275-00
of easements required by the R/W # /055588
Poway Municipal Water District Tax Par. 317-130-33
13 Bouto Enamoring cgrpormion ' Base Map 2
Scale: / -_ too' Ca,...It$f4 .r,orn....I .rcrne.Ct
Date: JULY /G" /979