Subordination Agreement 1980-149021 `
_ Q1648 :IAC= N0 t449G21,) FIL_;, ;5aC
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When Recorded tail To: ) TRUST
POWAY MUNICIPAL WATER DISTRICT ) MAY 1 I' � X80 .
• Post Office Box 348 ) L
Poway, California 92064 ) OFFICIAL RECORDS
2.) SAN DIEGO CCU.TY. CALIF.
) VERA L. LYLE NO FEE
p HtuunDER
D SO 9k? -"03 SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated July 26, 1978 , recorded in the Office of the County
Recorder of San Diego County, August 2, 1978 File No. 78-325624 , •
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
ROBERT R. and LOIS E. PETTYJOHN, DON S. and NANCY K. McHARGUE, and
• LEWIS M. and FLORENCE HIATT
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, DON S. and NANCY K. •
McHARGUE. and ROBERT R. and LOIS E. PETTYJOHN ' as Trustor,
FIRST CENTENNIAL TITLE CO. as Trustee,
and ROBERT I and MARGERY K. HARTSFIFLD 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: ///er. • BENEFICIARY:
. .,1-1 ;12 -e- ;
R/1� 1058967 Robert L. Hartsfield
• Proj . FxtPntion for .0".."1/4.: ...-m.../...,,, a.i -, ,/J //
T.P.M. 14973 Marger7K_Hartsfield
STATE OF CALIFORWA,
. COUNTY OF__ q �IEC:C1 ss.
On racleCN .1 1 O berme me, the under
signed, a Notary Public in and for said County and State,
• personally appeared FOR NOTARY SEAL OR STAMP
Pnt8EPt L L . arlshe/
rtnr/ • '
fy14,ecre j K. Hnenic/P,0 .
known to me
to be the person j whose name$ Q(•t�subscribed to the .
within instrument and acknowledged that executed M1111YL11Y.'h%%%%Y.`eeedi1
OFFICIAL'SEAL
the same. .ii• MARY ANN SOCOLICK
i% 'ry"e�r NOTARY PUBLIC • CALIFORNIA
`c,ite l�' PRINCIPAL OFFICE IN
<' -•' SAN DIEGO COUNTY
' - 14y Commission Expires April 23, 1982
•
%1
Otri— ll.ti ,Ze91/2-e-e--) .
•
Signature of Notary - -- - -
• ` ' NO .CHARGE ON THIS DOCUMENT
F'� FOR THE BENEFIT OF -
DOC. #338,4 POWAY MUNICIPAL WATER DISTRICT
. 1649' •
RECORDING REQUESTED BY:
•
AND WHEN RECORDED MAIL TO:
•
NAME .
STREET
ADDRESS
CITY
STATE
ZIP This space for Recorder's use
Tax Parcel No. 278-180-40 NO DOCUMENTARY TRANSFER TAX NO FEE
EXHIBIT "A"
GRANT OF RIGHT OF WAY
ROBERT R. PETTYJOHN and LOIS E. PETTYJOHN, husband and wife as community property,
DON S. McHARGUE and NANCY K. McHARGUE, husband and wife as joint tenants, and
--LEWIS M. HIATT-and -FLORENCE-HIATT
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 20.0.0 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:
•I
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER SECTION 32,
TOWNSHIP 13 SOUTH. RANGE 1 WEST . SAN BERNARDINO MERIDIAN, IN THE. COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA . ACCORDING TO OFFICIAL PLAT THEREOF.
DESCRIBED AS FOLLOWS :
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF' SECTION 32 ; THENCE ALONG THE NORTH LINE THEREOF
SOUTH 89°41 '40" EAST 180.62 FEET TO THE NORTHWEST CORNER OF THE LAND
DESCRIBED IN DEED TO EDWARD FELLOWS . JR. , ET UX, RECORDED
JUNE 6, 1961 AS DOCUMENT NO. 97163 OF OFFICIAL RECORDS ; THENCE ALONG
WESTERLY BOUNDARY OF SAID LAND AS FOLLOWS :
SOUTH 0°32 ' 10" EAST 210 .89 FEET ; SOUTH 88°53 ' 50" EAST 112.67 FEET —RECORD
SOUTH 88°34 ' 10" EAST 112.64 FEET— ; AND SOUTH 1°26 ' 14" WEST 467. 49 FEET
—RECORD SOUTH 1 °25 ' 50" WEST 467 .62 FEET— TO THE SOUTH LINE OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER ;
THENCE ALONG SAID SOUTH LINE NORTH 89°56 '00" WEST 296. 55 FEET TO THE
SOUTHWEST CORNED THEREOF ; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST
QUARTER OF THE, SOUTHW S=QUARTER OF SAID SOUTHWEST OUARTER ; NORTH
89°56' 36" WEST\169-. 66 FEET ; THENCE NORTH 0°48 ' 00" WEST 85. 17 FEET ; THENCE
' NORTH 89°36 ' WEST 309.81 FEET ; THENCE NORTH 39°32 ' 10" WEST 63.84 FEET ;
THENCE NORTH 70026 ' 30" WEST 82. 43 FEET ; THENCE SOUTH 89° 18 ' 10" WEST 87. 71
FEET TO THE WEST LINE 'OF-- SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER ; THENCE ALONG SAID WEST LINE NORTH 0°23' 57" EAST
521 .68 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER ; THENCE ALONG SAID NORTH- LINE SOUTH 89°41 '40" EAST 695. 31 FEET TO
THE POINT OF BEGINNING.
1
EXCEPTING' THOSE PORTIONS LYING WITHIN THE SOUTHERLY 10. 00 FEET OF THE .
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER AND
WITHIN THE SOUTHERLY 10.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER .
i
1650
X140(t)(XX*C)4•KSaid easement of right of way in the aforesaid hinds is particularly described as follows:
Parcel 1 :
The Southerly 20.00 feet of all that portion of the property described above lying
within the Northwest Quarter of the Southeast Quarter of the Southwest Quarter of
said Section 32. .
•
t .
Parcel 2:
. All that portion of the property described above included within a strip of land
20.00 feet of even width, the Southerly and Westerly line of said 20.00 foot wide
strip of land being described as follows:
Beginning at the Northeast corner of the Southerly 10.00 feet of the Northeast
Quarter of the Southwest Quarter of the Southwest Quarter of said Section 32, being
an angle point in the boundary of the property described above; thence along the
Northerly line of said Southerly 10.00 feet, and along the boundaryof said property
described above, North 89°57 '01 " West (record North 89°56'36" West) 168.83 feet to
an angle point therein; thence continuing along said boundary, North 0°50'23" West
(record North 0°48'00" West) 75.20 feet to an angle point therein; thence leaving
said boundary, North 1°12' 38" East 416. 56 feet.
•
•
•
Grantor and...their..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 Titurnn 11:1llrrenf, the Grantor s have executed these presents this day of 19
Executed in the Presence of:
Witness.
Witness.
TAX PARCEL NO. 278-180-40
R/W No. 1058967
DRAWN BY
CHECKED BY
ACCT.NO. C-P03-284-00 NOTARIES-USE PROPER FORM ON BACK.
DATF September 12, 1979/jlg
R/W-Grant-Form 8101-6
. 1651
SECT/ON 32 CENTER OF5W)
T /33, R. / W. OF SEC. 32
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GINE EASEMENT
Project: EXTENSION FOR IPM. /4973
References: PLAT C.A.N. C-P03-2494-00
of easements required by the R/W II /058967
Poway Municipal Water District Tax Par. 278-180-40 •
Bale Gonpm,8trn Base Map 3
Date: SEPT. /2, /979
Scale: / = goo' consulting srWtnssrs I srctntscts