Subordination Agreement 1979-467171 • ` >9() > 79-467171
• ) FILE/PAGE NO
When Recorded Mail To: ) BOOK 1979
RECORDED REQUEST OF
UNION LAND TITLE COMPANY
POWAY MUNICIPAL WATER DISTRICT ) `i m! g 8.00 AM'79
Post Office Box 348 ) v W
Poway, California 92064 ) MK PICO=
) SAN DEGO COMM ME
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� MOM
r/LC
SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated July 11 , 1974 , recorded in the Office of the County
Recorder of San Diego County, July 15. 1974 File No. 74-188254
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
ELMER T. and NICKOLETTE L. McSURDY
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,
ELMER T. and NICKOLETTE L. McSURDY as Trustor,
SAFECO TITLE INSURANCE CO. as Trustee,
and LIBERTY NATIONAL BANK 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: September 18, 1979 BENEFICIARY:
Chartered Bank o ndon, sucessor to )
►: I.:: A::► K
R/W lfr 2469-C
Exc. # 8 �•.
Proj . Connole F.H. BY:
Extension TITLE
BY:
TITLE
STATE OF CALIFORNIA, SS.
COUNTY OF San Diego
On Sept. 18. 19719efore me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared R. W. Reeves , FOR NOTARY SEAL OR STAMP
known to me to be the Asst.Viaresident, and
Manager , illiDOIXXRXXXARXkX
yy j yjrj 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
corporation therein named, and acknowledged to be that f" tf,��c Barbara A. Albrecht
such corporation executed the within instrumentpursuant .� '"4.`! NOTARY PUBLIC-CALIFORNIA
P r�1^� PRINCIPAL OFFICE IN
to its by-laws or resolution of its board of directors. SAN DIEGO COUNTY
My Commission Expires November 3, 1979
Signature of Notary
H LE
DUD. # 33 )
331 A
91
RECORDING REQUESTED BY:
,.IIII..I.i
AND WHEN RECORDED MAIL TO'
NAME
STREET
ADDRESS
CITY
STATE
ZIP This space for Recorder's use
Tax Parcel No. 317-241 -45 NO DOCUMENTARY TRANSFER TAX NO FEE
EXHIBIT "A"
GRANT OF RIGHT OF WAY
ELMER T. McSURDY and NICKOLETTE L. McSURDY, 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..MUt'1IC.IPAL..WATER..D.I.STRICT.,...a...publ i c_.c.or.p.or..at.i.on
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 30.0.0 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:
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 420.20 feet to the TRUE POINT OF BEGINNING; thence
continuing along said Northerly line North 89°55 '53" East to the most
Westerly corner of the land described in deed to Michael J. Ferrell ,
recorded October 29, 1959 as Document No. 224753 of Official Records;
thence along the Southwesterly line of said land South 39°12 '24" East ,
101. 76 feet; thence South 40°59 '42" West , 176.05 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 boundary to a line which bears South 00°04 '07" West from
the TRUE POINT OF BEGINNING; thence North 00°04 '07" East 166.43 feet to
the TRUE POINT OF BEGINNING.
292
K xOXt aid easement of right of way in the aforesaid lands is particularly described as follows
The Southerly 30.00 feet of the property described above.
Grantor and the1.r-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 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 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.
Jn illitttrim Tiil1rrraf. the Grantors have executed these presents this day of 19
Executed in the Presence of:
Witness.
Witness.
TAX PARCEL NO. 317-241-45
R/W No. 2469-C
DRAWN BY
CHECKED BY__ __
ACCT. NO. C-P03-285-00 NOTARIES—USE PROPER FORM ON BACK.
DATF September 12, 1979/jig
R!w-Grant•Form 8101—6
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L/NE EASEMENT
Project: CONNOLE F H. EXTENSION
References: PLAT C.A.N. C-Ra3-285-00
of easements required by the R/W # 2469- C
Poway Municipal Water District Tax Par. 3/7-e4/-45_
Bach Base Map /
„ 3 Date: SEPT. /2, /979
Scale: / - 200 consuitino .ncor+ssrs r architects --