Subordination Agreement 1980-120134 .' • -
7V .__ 120134
1 ) ;,0=) D REL _- GE
When Recorded Mail To: ) TITLE INSURANCE AND TRUST
)
POWAY MUNICIPAL WATER DISTRICT )
Post Office Box 348 ) 6 243N 80
Poway, California 92064 )
) SAN DIG
vl`RA L.:."1.E
/ .73-j)/2 -Uji) SUBORDINATION AGREEMENT
4,0 FFF
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated October 9, 1968 , recorded in the Office of the County
Recorder of San Diego County, December 2, 1968 File No. 210171
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
ROY E. LAU, as Trustee
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,
ROY E. and LINDA L. LAU as Trustor,
TITLE INSURANCE AND TRUST CO. as Trustee,
and ANTHONY P. and HELEN T. I/1GMIN . as Beneficicry.
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: 1 // cP ✓ BENEFICIARY:
,'
`'I�l 1.4';;../ jkL
Anthony P. Iin
R/w �'i 1058928
Exc. # 8
Proj . Welton Reservoir 7 ✓
Pipeline He en T. lagmin
STATE OF CALIFO IA, /;
CO JNTY OF �^� v SS.
�
OL/ /"-LL c { L before me, the under
signed, a Notar}�Pub'.ic.in and for said County and State,
persorjally app
ared Agri? - . < < �� 2 - c_ FOR NOTARY SEAL OR STAMP
<%S7ScS2522522:252 25Z5ZSZ225252575n5252952.9S
, known to me �y_ , O ::-,iAL scat
to be the person. whose name„' dtk subscribed to the E/ • \. EVELYN PENACHO
within instrument and acknowledged that �c c/ executed ; NOTARY Punic cALIForrnt.• '•
-
PRINCIPAL OFFICE IN
the same. SAN DIEGO COUNTY
My Commission Expires Aug. 25. 191.
S-252S?52St2.529Sc5Z52.-2.5525751.92525225-67.15257"'
•C �C C7 E 4/4--
Signature of Notary : --*•* s7.525L.Z22525252.5t95 -687-5Z2o5L52s
F ,•> OFF t LIAL SEAL �,
NO CHARGE ON THIS DOCUMENT ;� " EVELYN PE.:AC;HO FILE
FOR THE BENEFIT OF ; ` ,,i• NOTARY PUCL;C :.:L,:ORNIA DOC.
PRINCIPAL OFFI,' IN
POW Y M SAN DIEGO COJIvTY fin' 3 y 3 A
$�NICIPAL WATER DISTRICTMy Commission Expires Aug. 25, 2982
17 -0
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO
NAME
STREET
ADDRESS
CITY
STATE
ZIP This space for Recorder's use
Tax Parcel No. 323-270-05,18 NO DOCUMENTARY TRANSFER TAX NO FEE
EXHIBIT "A"
GRANT OF RIGHT OF WAY
f.O.Y_.E.. ..LAU,..a.s....Trustee under Declaration of Trust dated April 25, 1968, by and
between ROY E. LAU and LINDA L. LAU as Trustors, and ROY E. LAU, as Trustee
, 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.XXXXXXXXXXXXX )XXXiXXXin, 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 Ends,together with th•. right to use said right of way for access to Grantee's rights of way situared 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 1 :
"IU` r---+;nn of the East Half of the Northeast Quarter of the Southwest Quarter of
Section 18, IOV�rI',.,r I.1 South, Range 1 West, San Bernardino Meridian, in the County
of San Diego, State of California , ccording to United States Government Survey _
approved February 24, 187c , +t ;�, Westerly of a line rho* ;- extended Souherly
from a point in the North line of salt.; uarter that is 338.85 feet Westerly
from the Northeast corner of said Southwest Quarter to a point in the Southerly line
of said Northeast Quarter of the Southwest Quarter that is Westerly 338.75 feet from
the Southeast corner of said Northeast Quarter of the Southwest Quarter.
Parcel 2:
The North 260.P feet measured along the East and West lines , of the West Half of the
East Half of the Southeast Quarter of the Southwest Quarter of Section 18, Township 14
South , Rangel West, San Bernardino Meridian , in the County of San Diego, State of
California, according to United Si,ates Government Survey, approved February 24 , 1876.
XXd(XO WFXXXXtfSatd easement of right of way in the aforesaid lands is particularly described as follows
Parcel "A":
The Westerly 10.00 feet of the Easterly 40.00 feet of that portion of the property
described in Parcel 1 above lying Northerly of the Southerly line of the Northerly
673.00 feet of the Northeast Quarter of the Southwest Quarter of said Section 18.
EXCEPTING therefrom, that portion of said Westerly 10.00 feet lying within the
Northerly 50.00 feet of the Southwest Quarter of said Section 18.
Parcel "B" :
The Westerly 20 .00 feet of the Easterly 40 .00 feet of that portion of the property
described in Parcel 1 above lying Southerly of the Southerly line of the Northerly
673.00 feet of the Northeast Quarter of the Southwest Quarter of said Section 18.
Parcel "C" :
All that portion of the Northerly 10.00 feet of the property described in Parcel 2
above lying Easterly of the Southerly prolongation of the Westerly line of the 20.00
foot wide strip of land described in Parcel "B" above.
EXCEPTING therefrom that portion thereof included within the Easterly 20.00 feet of
said West Half of the East Half of the Southeast Quarter of the Southwest Quarter of
Section 18.
Parcel " D" :
All those portions of the property described in Parcels 1 and 2 above included within
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 Southeast corner of the Northerly 20.00 feet of the property described
in Parcel 2 above, being also the Southeast corner of land described in Deed to the
Pomeradc County Water District, filed in the Office of the County Recorder of said
San Diego County January 14, 1975, as File/Page No. 75-008713 of Official Records;
thence along the Southerly line of said Northerly 20.00 feet, and along the Southerly
line of said land described in said Deed , North 89°01 '37" West 173.56 feet (record
North 89°32'00" West 174.45 feet) to the beginning of a tangent 410.00 foot radius
curve, concave Northeasterly in the Southerly line of said land described in said Deed;
thence Northwesterly along the arc of said curve, and along the Northwesterly continua-
tion of 'said arc through a central angle of 21°45'30" a distance of 155.70 feet to the
Westerly line of the East Half of the Northeast Quarter of the Southwest Quarter of
said Section 18.
EXCEPTING therefrom that portion thereof included within the Easterly 20.00 feet of
said West Half of the East Half of the Southeast Quarter of the Southwest Quarter of
Section 18.
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 3f itnrsa 311llrreuf. the Grantor s have executed these presents this....— day of � 19 10
Executed in the Presence of: f
W it
Witness.
TAX PARCEL NO. 323-270-05.18
R/W No. 1058928
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-282-02 NOTARIES—USE PROPER FORM ON BACK.
DATF November 21 , 1979/jig
RIW•Grant-Form 8101-6
x]W(tl( XXXWfS.ud easement of right of way in the aforesaid lands is particularly described as follows.
11 S11
STATE OF CALIFORNIA
} .
COUNTY OF San Die$o SS
On- February 8, 1980 before me, the undersigned, a Notary Public in and for said State, personally appeared
Anthony P. Iagmin and Helen T. Iagmin
known to me to be the person(s)whose name(s) are
subscribed to the within Instrument and acknowledged that they executed the same.
WITNESS my hand
and official seal. .► T ••Tr29
< GFF;CIAL SEAL c1
► ' EVELYN PENACH
(tel) ► ► NOTARY F'U LIC CAIJF, '�L<-CC� fj v c. >e...et
0. �> PRINCWAL OFFICE t'. . (Notary Public's Signature)
SAN . C.. COJNTY
► My Commission Exp: >> 25, 1:382 �Q
is 25E7 ic2 9.8.95252525 SZ`i-cc 2252. 22525
02520-0 7-75* 25 P1 Individual Notarial Asknowlodgms
Grantor and their 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..thelr...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. w
fau
3n Blitnren Illirred. the Grantor s haveexecuted these presents this.... day of 19 10
Executed in the Presence of: Ar.7.
itness.
Witness.
TAX PARCEL NO. 323-270-05,18
R/W No. 1058928
•
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-282-02 NOTARIES—USE PROPER FORM ON BACK.
DATE November 21 , 1979/jig
RAN-Grant-Form 8101-6
Y . - • 175511
RpA
(....
PO wA Y GARDEN ROAD
338.85' ----
_ 70
PA
n CENTER OF
SECT/ON /8
M
N5
EX/ST. 30PM.WD. WATER 1
LINE EASEMENT
-1- _ i
---i- it-i-
/�
EXIST 20'PM.W.O. WATER
�/
LINE EASEMENT
EX/ST. 20 PM.W.D. WATER 1
LINE EASEMENT 0
w. LINE OFE.NALPOF
NE Y4 OF SW%4
NE 4 0 OF 5W %4
SEC. 18 T. /4 S., R. / W.
P
20' f
40'
11
.„ , 1
,gy .N.. 0,,,, ,
m / - n
, ,..,
act.. POMERADO COUNTY WATER
l DISTRICT EASEMENT'
— O
� N890/371+/ %i 338.75'
ecz.°1
in -Z62.---27/-,--- -. )2-1WS i
v 173.56'1 .---•--
Ci
4(REC./74 45) � v N
SE ALOFSW%4 NEL/NE OFW.NALFOFE.NALF
/ !.. INDICATES WATER `N I ; OF.5E74 OF 5IVY4 OF SEC./8
LINE EASEMENT I i
� EX/ST. 2O PM.W.LE WATER
—.-1 LINE EASEMENT
Project: WELTON RESERVOIR PIPELINE
References: PLAT C.A.N. C-P03- 282-02
of easements required by the R/W # 1058928
Poway Municipal Water District Tax Par. 323-270-05,/8
Base Map 2
13 Bails Enarrsotrta CorporatIon
Date: NOV. 21, 197Q
Scale: / %/co ' consulting engineers l s'cnitscts