Loading...
Subordination Agreement 1979-511055 1 + I 8 t;(1 ) ) FILE/PAGE NI.9.:.511 OSS When Recorded Mail To: ) BOOK 1979 ) RECORDED REQUEST OF TITLE INSURANCE & TRUST CO. POWAY MUNICIPAL WATER DISTRICT ) Post Office Box 348 ) DEC 6 8:00AM'79 Poway, California 92064 ) OFFICIAL RECORDS ) SAN DIEGO COUNTY, CALIF. ) RECORD IO O 5` ' OK' SUBORDINATION AGREEMENT FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated September 22, 1978 , recorded in the Office of the County Recorder of San Diego County, October 24, 1978 File No., 78-452419 and as owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the Easement granted by _ CONRAD SEYMOUR 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, CONRAD SEYMOUR as Trustor, FIRST AMERICAN TITLE INSURANCE CO. as Trustee, and LA JOLLA MORTGAGE FUND 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 12. 1979 BENEFICIARY: • LA JOLLA MORTGAGE FUND • R/W # 1060316 „ .,..•j+ �F 0 ,, Exc. # 8 s Proj . San Mortiz BY: —�. � s� � . , Ir s Extension Byron B. Webb, Jr. �'• TI ° ;': President /• •' BY: ��j, ••••....••C��' TE STATE OF CALIFORNIA, SS. COUNTY OF San Diegn On Orrnher 12 before me, the under - signed, a Nota119711tblic in and for said County and State, Personally appeared Byron B. Webb, Jr. , FOR NOTARY SEAL OR STAMP known to me to be the President, litmt kmmodngnuthodut uomuomm of the corporation that executed the within Instrument, known to me to be the persons �,�•- OFFICIAL SEAL who executed the within Instrument on behalf of the A SYDNEY K. AMYES corporation therein named and acknowledged to be that "A NOTARY rut3lll l�`•LIFORNIA p g1 r:� . PRINCIPAL OH-ICI IN such corporation executed the within instrument pursuant SAN OItGU COUNTY to its by-laws or resolution of its board of directors . My Commission Expires Oct. 24, 1980 • Signature of Notary NO CHARGE ON THIS DOCUMENT en FOR THE BENEFIT OF Sydney K. Amyes [ • fel 3r- Cf . 33y RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: NAME STREET ADDRESS CITY STATE ZIP This space for Recorder's use Tax Parcel No. 275-460-52 NO DOCUMENTARY TRANSFER TAX NO FEE EXHIBIT "A" GRANT OF RIGHT OF WAY CONRAD SEYMOUR, a married man -Is 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, uncle:, 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 rime, 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: Parcel 2 of Parcel Map No. 6625, in the County of San Diego, State of California, according to the !lap thereof filed in the Office of the County Recorder of said San Diego County, being a portion of the Southwest Quarter of the Southeast Quarter of Section 35, Township 13 South, Range 2 West, San Bernardino Meridian, according to the Official Plat thereof. XiX XX txmaxXs.ud casement of right Of way in the aforesaid lands is particularly described as follows: The Westerly 20.00 feet of said Parcel 2 of Parcel Map No. 6625. • Grantor and hl s successors in estate shall not erect or construct,or permit to he erected or constructed,any budding or ocher 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..hi.s. 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 ttlitnrna Whereof. the Grantor has executed these presents this day of 19 Executed in the Presence of: Witness. Witness. TAX PARCEL tics.—_275-460-52 R/W No.— 106031.6 DRAWN BY CHECKED BY ACCT. NO. C-P03-286-00 NOTARIES—USE PROPER FORM ON BACK. • DATE October 9, 1979/jig R%W-Grant Form B101-6 i1 f; ,l 35 SECT/ON R 2 W r /35., 1 174. 29 ' /23.00 ' 35 ` ----------1 2 O O 3 n aro N /75.96 ' /26.00' 1 /26.96' /75.00' 1 37 1 20' C) o Qi al I / N Lo 0 ce " 1 N 4 N W 5/ -� I 4__ \• N N 0 Q '"i I0. / SW CORNED? OF h SE/4 Of SEC. 35 WA SOMB/�A S j /86.00 ' 0 52 k SEC. 35, T. /3 5, R. 2 W SEC. 2, 7'/45., R. 2 yy. N `, .. /ND/CATES WATER L/NE EASEMENT Project: SAN MDR/TZ EXTENS/ON References: PLAT C.A.N. C-1'03-286-00 of easements required by the R/W # /0603/6 Poway Municipal Water District Tax Par. 275-460-52 Base Map 3 13 Ewa Enadnetifino corporation Date: OCT 9, 1979 Sc a 1 e: / _ .., /00 con.uItino oi.,..f./ ..cnu.cts