Subordination Agreement 1980-120135 ) so -12O135
. r 17 ) C )
•�,POR�i�D $-�i�� i of
i
When Recorded Mail To: )
TITLE INSURANCE AND TRUSZ
POWAY MUNICIPAL WATER DISTRICT )
Post Office Box 348 ) Mrr 2 43 r 7".
Poway, California 92064 )
SAN DIEGO COut, , .
VER4 L. •Yi
RECORDER
cO) sy Z 8.- O<' SUBORDINATION AGREEMENT ND Ffi
FOR VALUE RECEIVED the undersigned, as Beneficiary under a Deed
of Trust dated January 14, 1974 , recorded in the Office of the County
Recorder of San Diego County, February 4. 1974 File No. 74-029015
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,
H. BRADLEY JONES, INC. as Trustee,
and ROY E. LAU, M.D. INCORPORATED PENSION AND PROFIT SHARING as Beneficiary.
PLAN TRUSTS
Beneficiary declares dnd 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, relinquishwenL and subordiaacion.
DATED: i 1.1
/ 'ô BENEFICIARY:
ROY E. LAU, M.D. INCORPORATED PENSION
R/w # 1058928 AND PROFIT SHARIN PLAN TRUSTS
Exc. # 10 •
Proj . Welton Reseryoir BY:
Pipeline TITLE
BY:
TITLE
STATE OF CALIFORNIA, SS.
COUNTY OF OO f}A E
OnZuNAf y i to before me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared Roy E Lily , FOR NOTARY SEAL OR STAMP
known to me to be the V President, and
, known to me to be
Secretary of 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
' � DIXIE LEE LEYHE
such corporation executed the within instrument pursuant L:-.,41,.0"1
yo. NOTARY PUBLIC - CALIFORNIA
to its by-laws or resolution of its board of directors . �i' ORANGE COUNTY
�
. ' My comm. expires OCT 23, 983
37/3
4.4.2)
" Si natur of Notary
y NO CHARGE ON THIS DOCUMENT
FOR THE BENEFIT OF
11,
POWAY MUNICIPAL WATER DISTRICT
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO.
NAME
STREET
ADDRESS
CITY
STATE
ZIP This space for Recorder's use
NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 323-270-05,18
EXHIBIT "A"
GRANT OF RIGHT OF WAY
RQY ..E.... LAU, as 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<XAXiXX,XvXIXXin, 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:
Parcel 1 :
That portion of the East Half of the Northeast Quarter of the Southwest Ouarter of
Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, in the County
of San Diego, State of California , according to United States Government Survey ,
approved February 24, 1876, that lies Westerly of a line that is extended Southerly
from a point in the North line of said Southwest Quarter 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 260.43 feet measured along the East and West lines , of the West Half of the
East Half of the Southeast Quarter of the Southwest Ouarter of Section 18, Township 14
South , Range 1 West, San Bernardino Meridian, in the County of San Diego, State of
California , according to United States Government Survey, approved February 24, 1876.
1753 111
x-xxx 4ixmo4fSaul 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
Pomerado 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 lire of said land described in said Deed;
thence Northwesterly along th? 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._
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. pp
Jn WitnessMtn-rcpt.. the Grantor s have executed these presents this al-,,CT day of.-.� (..L. , 19.C1...Q.
Executed in the Presence of:
61:
Witness.
•
Witness.
TAX PARCEL NO._. 323-270-05,18
R/W No. 105_3928_
DRAWN BY
CHECKED BY
ACCT.NO. C-P03-282-02 NOTARIES—USE PROPER FORM ON BACK.
DATE November 21 , 1979/jig
BM-Grant-Form B101—6
•
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Fr
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PD WA Y1
GARDEN ROAD
----.. 338,85' -------
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---------�---- A h CENTER OF /
SECT/ON /8
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EXIST 30PM.WD. WATER ,)
LINE EASEMENT ,1
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7/1ril_0.. -----1_1____
�EX/ST20'PM.W..O. WATER
LINE EASEMENT
EXIST. 20 PM.WL7. WATER 1
LINE EASEMENT pi
W. LINE OF E:/-ALF OF
NE%4 OF SW%4 110
NE 4 10 OF SW Y4
/8 0 T. /4 S., R / W.
SEC. ,
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POMERADO COUNTY WATER
O
D/5TR/CT EASEMENT'
�� N89.01'3711 i 1 - 338.75'
r -s "OF ✓ 711 Aii I
173.56' -• O
4 (REC./74.45) 1 ti
�N SE N
/4 OPSWY4 I ti E. L/NE OFGvNALFOfE.NALF
/ i.. /ND/GATES WATER ,N I ; OF.5E74 OF SW g4 OP SEG 18
LINE EASEMENT I EXIST. 20 PM.W.L2 WATER
-1 LINE EASEMENT
Project: WELTON RESERVOIR PIPELINE
References: PLAT C.A.N. C-P03- 282-02
of easements required by the R/W # /058928
Poway Municipal Water District Tax Par. 323-270-05,/8
0 am",Enarweterinq c�ornaramr� Base Map 2
Date: NOV 21, 1579_
Scale: / "- /oo, consulting Kngtnowers/sfcMtscts