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Subordination Agreement 1979-467168 - - P<< ) 4o 79-467168 4 FILE/PAGE BOOK 1979 When Recorded Mail To: ) �i�` � C!. RECORDED REQUEST CF *I> . 11110N LAND TITLE mew POWAY MUNICIPAL WATER DISTRICT , NOV 6 8:00AM,19 • Post Office Box 348 OFFS RECORDS Poway, California 92064 ) In DIEGO courny atm A«1A VC `leNe�cowe.Ll. ) Ci C1t L. SUBORDINATION AGREEMENT FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated October 17, 1975 , recorded in the Office of the County Recorder of San Diego County, October 23, 1975 File No. 75-293244 , and as owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the Easement granted by FRANCES C. pgVE.PORT 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, FRANCES C. DAVENPORT as Trustor, ESCONDIDO NATIONAL BANK as Trustee, and WILLIAM GOLDEN and DAVIDA G. GOLDEN 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: October 10, 1979 BENEFICIARY: .„,,,,,__ ye • William Golden R/w # 2468-C Exc. # 11 l � /`� � -, Proj . Connole F.H. L - -ice Extension bav da G o en STATE OF CALIFORNIA, SS. COUNTY OF San Diego On October 10, 1979 before me, the under signed, a Notary Public in and for said County and State, personally appeared **William Golden and** FOR NOTARY SEAL OR STAMP **Davjda G. Golden** , known to me to be the person s whose names are subscribed to the within instrument and acknowledged that they executed OFFICIAL SEAL 0 the same. C^,RnLYN J. KENDRICK NOTAR'f rU3LIC - CALIFORNIA 1,:k7= ..4.44 Y Principal 011ice.San Di.'^Co.Calif. • My Commission Exp. July 27. 1913 , s,.....____,./ . --- n-lel'i _,_, .,,,,e1-7,_ !i_l nature of Notary .pc 1c. 330 Q- t , • 275 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO. NAME STREET ADDRESS CITY STATE ZIP This space for Recorder's use Tax Parcel No. 317-241-44 NO DOCUMENTARY TRANSFER TAX NO FEE EXHIBIT "A" GRANT OF RIGHT OF WAY FRANCES C. DAVENPORT, an. unmarried woman , as Grantor, for and in consideration of the sum of One Dollar and other valuable consideration paid by .....POWAY .MUNICIPAL .WATER..DISTRICT.,..a..publ.ic. corporation as Grantee, receipt whereof is hereby acknowledged, do hereby grant to said POWAY MUNIC)PAL WATER DISTRICT its successors and assigns, an casement of right of way....3Q.OQ 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 arc situated in the County of San Di ego State of California, and are particularly described as follows, to wit: That portion of the West Half of the Southwest Quarter of Section 23, Township 14 South, Range 2 West , San Bernardino Base and Meridian, in the County of San Diego, State of California , according to United States Gov- ernment Survey, approved August 29, 1890, described as follows : Commencing at a point on the Westerly line of said Section 23, distant thereon North 00°27 '30" West 662. 91 feet from the Southwest corner there- of, said point being the Northwest corner of the land described in deed to Roland B. MacArthur, et ux, recorded June 17, 1955 in Book 5683, Page 597 of Official Records; thence along the Northerly line of said land North 89°55 '53" East 220.20 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line North 89°55'53" East 200.00 feet; thence South 00°04 '07" West 166.43 feet to the Southerly boundary line of the land described in deed to Helmuth A. Laue, et ux, recorded November 4, 1959 as Document No. 229015; thence Westerly along said Southerly boun- dary to a line which bears South 00°04 '07" West from the TRUE POINT OF BEGINNING; thence North 00°04 '07" East 148.39 feet to the TRUE POINT OF BEGINNING. • XD ) xd(XI(1.10, Said easement of right of way in the atoresaid lands is partitularly desenbed as follows The Southerly 30.00 feet of the property described above. 76 Grantor and her 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. It is also understood and agreed by the parties hereto that the Grantor and...her 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. Gln litattiqui Thhrrrnf, the Grantor has executed these presents this....3.0 h...day of...Q%XQbgx..,,, 19.79 Executed in the Presence of: Witness. .Pam ... -4 TAX PARCEL NO. 317-241 -44 Witness. R/W No._ 2468-C DRAWN BY CHECKED BY ACCT. NO. C-P03-285-00 NOTARIES—USE PROPER FORM ON BACK. DATE September 21 , 1979/jig • R/WGrant Form B101—6 1 . 4 2ti 23 sEG r/ON R 2 ln/ T145 ' • � 0 \ \(:Cc.s.-11.1' O &,O EASEMENT \ . 220.20' ch 200 —c. 20 R.0.5. I � 544-0 't... ` , lir _ /J 7- / \� /37.49' /G/.4¢ '1\ 2 (03 3' - -------------------k----:/ \A 1a0 O \ R.O.S. ^I al ''.' <;;.,61 `� :L ,, \ \:.171 Ci h ail rn' 5487 •• l� ` 23. Ni \9 y 203.54' �i 0 `��•,_,"---_______14-1::^� ------ 'N L `� 4� _r /45./I _ = _ \ \ 487.44'--- \ h I SE CORNER R0.5. 54.87 I 22\` 23 i / 27 \ 2&' t N = ... /ND/CATES WATER L INE EASEMENT Project: CONNOLE F. R. EXTENS/DN References : PLAT C.A.N. C-f'03-285-00 of easements required by the R/W # 2468-C Poway Municipal Water District Tax Par. 3/7-04/-04 • Base Map / Date: SEPT. /2, /979 Scale: Zoo COn ult nQ Q• r s.i. i .rcriltect •STATE OF CALIFORNI )77 COUNTY OF— _ an Diego } SS. aOn — ) before me, the undersigned, a Notary Public in and for said County and State. Ji personally appeared —_ FOR NOTARY SEAL OR STAMP ** William Golden and Davida G. Golden** , , known to me to be the persortf whose nameS arscabscribed to the within �,x•���� 'S instrument and acknow aged that they executed the same. OFFICIAL SEAQ ~tib • �• CAROLYN J. KENDRICK T Et.-.11' 4NOTARYPUBLIC CALIhmNIA.5ignaturee� . j, ` PrincipalOffi:e.SanDiegoCo.Calif.My Commission Exp. July Y7, 1980• Carolyn J. KendrickLkY�tiLnw,ti ,ti.v� Name (Typed or Printed) Notary Public in and for said County and State EHF-19 (10/70)