Subordination Agreement 1979-467133 d•yT/ )
-467133
thTITID
FILE/ A6E NO
979
-When Recorded Mail To: ++ BOOK QU
A N 16 1980 1 * RECORDED REQUEST OF
KAON LAND TITLE COMPANY
POWAY MUNICIPAL WATER DISTRICT w Din NOV 6 IMAM 79
Post Office Box 348 v W
Poway, California 92064 ) OFFICIAL RECORDS
BAR DIEGO COUNTY, CALIF.
r1,�. AAIrNE �– . •_ ,- . - - ,, - / ) SER /G r'
j,c' ) /%—
SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated May 10. 1979 , recorded in the Office of the County
Recorder of San Diego County, May 24. 1979 File No. 79-213313
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
KARL M. and VEVA V. HAACKE
to POWAY MUNICIPAL WATER DISTRICT, it being understood and agreed that
foreclosure of said T)Ped 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,
_ KARI M_ and VEVA V. HAACKF as Trustor,
CONTINENTAL AUXILIARY COMPANY as Trustee,
and BANK OF AMERICA, N.T. & S.A. 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: c j-�/ /, BENEFICIARY:
BANK OF AMERICA NATIONAL TRUST
R/W # 2471-C —AN-- INGS ASSOCIATION/Exc. y��,�
Proj �� 11 �_l' L 1` - re f
Proj . Connole F.H. 'ABY: 1�. �����>�
Extension TITLE
BY:
TITLE
STATE OF CALIFORNIA, SS.
COUNTY OF San Diego
On Sept. 21.1970efore me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared Joyce Smith , FOR NOTARY SEAL OR STAMP
known to me to be the Asst. IIIIIIIKX, and ----
Manager - r 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
corporation therein named, and acknowledged to be that _-_ — _ - -
such corporation executed the within instrument pursua i OFFICIAL SEAL
to its by-laws or resolution of its board of directors .1JANICE M. NASTASE
(
r;�< _ NOTARY PUBLtc - CALIFORNIA !
"'` SAN DIEGO COUNTY
:-=/ My comm. expires AUG 6, 1982
1
•
7,":21%--C-i9
Signature of Notary
v
FILE
DOC. # 3.2
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231
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RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
NAME
STREET
ADDRESS
CITY
STATE
ZIP This apace for Recorder's use
Tax Parcel No. 317-241-48 NO DOCUMENTARY TRANSFER TAX NO FEE
EXHIBIT "A"
GRANT OF RIGHT OF WAY
KARL M. HAACKE and VEVA V. HAACKE, husband and wife as joint tenants
, 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....30..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 Di ego
State of California, and are particularly described as follows, to wit:
That portion of land lying within Record of Survey Map No. 5487 , filed in the Office
of the County Recorder of San Diego County, said Record of Survey being a division
of a portion of the Southeast Quarter of Section 22 and of the Southwest Quarter of
Section 23, all being in Township 14 South, Range 2 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California, according to United States
Government Survey approved August 29, 1890, described as follows:
Beginning at the Southeast corner of said Record of Survey Map No. 5487 ; thence along
the boundary line of said Record of Survey Map, South 89°42'00" West 487.44 feet; to
the TRUE POINT OF BEGINNING: thence continuing along said boundary line South 89°42'00"
West 145. 11 feet to an angle point therein; thence continuing along said boundary line
North 0°18'00" West 44.00 feet; thence continuing North 00°18'00" West 149.72 feet to
a point on the center line of a 60.00 foot road easement as shown on said Record of
Survey Map No. 5487; thence along the center line of said 60.00 foot road easement,
South 85°18'00" East 161 .44 feet to a line which bears, North 04°42'00" East from the
TRUE POINT OF BEGINNING; thence South 04°42'00" West 180.34 feet to the TRUE POINT OF
BEGINNING.
232
?rxxxdsYt}FxxxX1Said casement of right of way in the ato)res.ud lands is harncularly described as lultows
The Northerly 30.00 feet of the orooerty described above.
•
•
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 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.
3n URitttran IUhrrrnf. the Grantor..s.....h .v.e executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness.
TAX PARCEL NO. 317-241-48
R/W No. 2471-C
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-285-00 NOTARIES—USE PROPER FORM ON BACK.
DATF September 12, 1979/jlq
R/W-Grant-Form B101-6
- ,! tt• �
23
SEC77°N R 2 V1/
T /45 '
\I
0
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O
g ro0 EASEMENT
220.20' .� 200' c �O
R.O.S. I t �I 5440 '6_ `
L'34/0" * h 20
J__-37.49 __ ---- ` ` \I(po'
01,
6730-,, ,-- ------- -zL --t;/6d \` .1a. 03- o
4\7 R ..0.S ^, Ki ..1'o '>" s .1,4 �? 3 90
N p�R .-._, �1.' �`` 5487 \\ \ '' ..s
,.?,3.
• \2/ 203.54' \�a \� �i
• L
44'...::.� t ----- --------
- 487.44 R \
\ SE CORNER
RO.5. 5487
22\ 23 /
27 26
lirt
N
V /./. ... /NO/CATES WATER
L/NE EASEMENT
Project: CONNOLE E. H. EXTENSION
References: PLAT C.A.N. C-PO3- 285-00
of easements required by the R/W # 247/-C
Poway Municipal Water Enc-nemrrrtcyDistrict Tax Par. 3/7-24/-48
�� Con Base Map /
, amaratt
Date: SEPT. /2, /979
Scale: / "= 200 ' cor+suItino SnQ1n••rs I •rcnit•cts