Subordination Agreement 1980-045271 r.>, t•-?' )
sec 1 5 7 3 • ) FILE/PAGE NO Su-u45271
) BOOK 1980
) RECORDED REQUEST OF
When Recorded Mail To: )
TITLE INSURANCE & TRUST CO.
) FEB 8 8:OOAM'80
'POWAY MUNICIPAL WATER DISTRICT ) OFFICIAL RECORDS '
Post.4O,ffice Box. 348 ) SAN DIEGO COUNTY, CALIF.
PoWay,- California 92064 ) VERA L LYLE
) RECORDER •
) NO FFF
re?Gf ere SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
• of Trust dated August 16, 1972 , recorded in the Office of the County
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Recorder of San Diego .County, August 23, 1972 File No. 223279
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
A.C. EDDY and ELIZABETH B. EDDY
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,
A C EDDY and ELIZABETH B. EDDY ' " as Trustor,
FOIfTTABLE TRUST COMPANY as Trustee,
and SECURITY PACIFIC 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: December 11, 1979 BENEFICIARY:
SECURITY PACIFIC NATIONAL BANK
E 1058968
Exc. # 4
Proj . EXTENSION FOR BY:
T.P.M. 14973 Kalsow, Jr. , e President TITLE
6 Manager
s_.:10- Is, Assistant Vice PresideNtTLE
STATE OF CALIFORNIA, SS.
COUNTY OF San Diego
On12-11-79 before me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared F W Kalsow, Jr. , FOR NOTARY SEAL OR STAMP
known to me to be the Vice President, and •
D G Wells , known to me to -be
Asst Vice Pres. SWIMMC.177N9sNof 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 OFFICIAL SEAL
such corporation executed the within instrument pursuantBarbara A. Marquardt
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to its by-laws or resolution of its board of directors . ROTA.+'PUnJGCAurogNIACE IN= /a Prw,c;FA:OF: I
SAN DIEGO COUNTY
My Commission E.pves Aug.8. 1983
FILE I
Signae of Notary - — DOC. # 341
NO CHARGE ON THIS DOCUMENT
FOR THE BENEFIT OF
POW12Y MUNICIPAL WATER nTcPRICT
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RECORDING REQUESTED BY: 9
15,7
AND WHEN RECORDED MAIL TO: / / 7
' NAME
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STREET
ADDRESS
CITY
STATE
ZIP This space for Recorder's use
Tax Parcel No. 278-180-39NO DOCUMENTARY TRANSFER TAX NO FEE
EXHIBIT "A"
GRANT OF RIGHT OF WAY
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A. C. EDDY and ELIZABETH B. EDDY, husband and wife as joint tenants
Is Grantor, for and in considera,ion of the sum of One Dollar and
other valuable consideration paid by POWAY MUNICIPAL WATER DISTRICT, a public corporation
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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 DpeCCIDax)CMin, 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-
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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,dyer 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..DtegQ ,
' State of California, and are particularly described as follows, to wit:
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Parcel 1: -
That portion of the South Half of the Southwest Quarter of 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:
' i 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
I the Northwest corner of the land described in Deed to Edward Fellows, Jr. , et ux.
, Recorded June 6, 1961 Recorder's File 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 467.61
feet) to the South line of the Northwest Quarter of the Southeast Quarter of said Southwest
Quarter, being point "A" of this description; thence along said South line North 89°56'00"
West 296.55 feet to the Southwest corner thereof; thence along the South line of the
' Northeast Quarter of the Southwest Quarter of said Southwest Quarter, North 89°56'36" West
168.66 feet to the TRUE POINT OF BEGINNING; thence retracing the last 2 courses South
89°56'36" East 168.66 feet and South 89°56'00" East 296.55 feet to said Point "A"; thence
North 1°26'14" East 10 feet to the North line of the Southerly 10 feet of said Northwest
Quarter of the Southeast Quarter of the Southwest Quarter; thence Westerly along said • I
I North line, to and along the North line of the Southerly 10 feet of said Northeast Quarter
of the Southwest Quarter of the Southwest Quarter, to a line which bears North 0°48'00"
West from the TRUE POINT OF BEGINNING; thence North 0°48'00" West to a point distant
North 0048'00" West 85.17 feet from said true point of beginning; thence North 89°36'
West 309.81 feet; thence North 39°31'10" West 63.84 feet; thence North 70°26'30" 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
South 0023'57" West to the Southwest corner of said Northeast Quarter of the Southwest
, Quarter of the Southwest Quarter; thence Easterly along the South line thereof to the
' TRUE POINT OF BEGINNING.
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it Parcel 2:
1r--{
ntigia niyr:G�' ZISaid easement of right of way in the aforesaid lands is particularly described as follows: ( y i 7;
Parcel "A"
A strip of land 10.00 feet of even width, the Southerly line of said 10.00. foot wide
strip of land being described as follows:
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Beginning at the point designated in Parcel 1 above as Point "A"; thence along the
boundary of said land, North 89056'00" West 296.55 feet to the Southwest corner of
said Northwest Quarter of the Southeast Quarter of the Southwest'yQuarter of Section 32.
Parcel "B"
A strip of land 20.00 feet of even width, the center line of said 20.00 foot wide
strip of land being described as follows:
Beginning at the Southwest corner of said Northwest Quarter of the Southeast Quarter of -
the Southwest Quarter of Section 32; thence along the Southerly line of the Northeast
Quarter of the Southwest Quarter of the Southwest Quarter of said Section 32, North
89056'36" West 168.66 feet to the point designated in Parcel 1 above as the TRUE POINT
OF BEGINNING.
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•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.
71n tfitttree Ohara. the Grantor S have executed these presents this day of 19
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Executed in the Presence of: •
Witness.
Witness.
TAX PARCEL NO. 278-180-39
• R/W No. 1058968
DRAWN BY
CHECKED BY
ACCT. NO. 0-P03-284-00 NOTARIES—USE PROPER FORM ON BACK.
DATF August 29, 1979/jig •
NW-Grant-Form B101-6
- 1576 . .
03VilD -'. CI s •
i i , {{ CENTER OF SWY4
nr r1 1Y''i • '- OF SEG. 32 .
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, 180.62'
I co
O
SECTION 32 it/I2.67'
T. ./3 S., R. / W. 71
NE Y4- OF 5W74 OFSW* NW 74 Of 5E%I 10,SW.V4:
a r
a, v
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309.81 ' - 1-
tOSW% OF SW* _ _
T.PO.B. / 296.55' er A
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N /68.66 --- -----' O
SW CORNER- OF NW-
OFSE 4 OFSWi4
. W
. h
SEP* OF5W4 OFSW14
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31 132 T. 13 S.
6 5
T /4-S.
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NOTE. PROPERTY L/NE O/MENS/ON5
SHOWN ARE RECORD PER DEED.
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/ /7/ -. INDICATES WATER •
LINE EASEMENT
Project: EXTENSION FOR T. P. M. /4973
References: PLAT C.A.N. C-P03-284-00
of easements required by the R/W II IO5.996.8
Poway Municipal Water District Tax Par. 275-180-39
f4Qdpoator, Base Map 3
sal- EnormDate: AUG. 29, 1979
Scale: I = 200 . consulting rngInrrrs 0 erre-Marts
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