Subordination Agreement 1978-481252 78-481252
} FILE/PBOOKE 01§78
'',;hen Recorded Nail To: 1I 11 ) RECORDED REQUEST OF
LAND TITLE INSURANCE CO.
lf
POWAY 2•tU`:.CIPAL WATER DISTRICT ) NOV 7 8:00 AM'78
Post Off' _e Box 348 )
Poway, C: l i fornix 92064 ) SAN DIEGOAL RECORDS
COUNTY,_CALIF,
.3 O 9 3 % ! KS ) • RECORDER-
L
SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed -
of Trust dated October 17, 1977 , recorded in the Office of the County
Recorder of San Diego County, November 3, 1977 File No. 77-455168 ,
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 L. and Frances L. Fisk
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,
Robert L. and Frances L. Fisk . as .Trustor, .
Financial Federation, Inc. as Trustee,
and Palomar Savings and Loan Association 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 execs, 41,,J+DER r .
by Beneficiary of this waiver, relinquishment and subordination. Please mawrnocherge
- _ }or rrcordin_the att. ,
Ached instrument. It
Is being recorded In
DATED: /" l BENEFICIARY: connection w.Ih a GOv-
ernment Agency tra-
rsact.on.
•
Palomar Savings and Loan Association •
RA/ # 309399-R • ., -
Exc. # 7
Proj . Seymour Line BY: { 41' -:•�
Extension t�`'f5 r%t TITLE
BY _A_ALLtCG' LieCrl 'f
(J,0 t 1:e.1263 " f TITt,E .
STATE OF CALIFORNIA, '
S S. ) "*I .aS;..
COUNTY OF San Diego 'w .y,,,, ' r
On November 1, 1971efore me, the under-
signed,
nder-signed, a Notary Public in and for said County and .
State, Personally appeared James M. Rady , I
FOR NOTARY SEAL OR STAMP 1
.kn wa *o to be .1-1,-, President, and
F1c,renrP A_ Lindsey , known to me to be
Vice-Pres-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 nummu,,.n,,nnnwmnnnnn.mmnm.nw.
r?FPICIAL SEAL
corporation therein named, and acknowledged to be that ; ANNA L. FORILL
such corporation executed the within instrument pursuant c,, 4-Ir
NOTARY PUEtLIC CALIFORNII
Lu iL:; u}—la„Is or resolution of its board of directors. . PRINCIPAL OFFICE 114
43' SAN DIEGO COUNTY
My Commission Expires June 3, 1980
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Signature of Notary
Anna L. Forill
cac.3O3A
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RECORDING REQUESTED BY: 112
POWAY MUNICIPAL WATER DISTRICT
AND WHEN .:ECORDED MAIL TO.
NAME POWAY MUNI . WATER DIST.
TREE r 12324 Oak Knoll Road E I N i t. ff
ADDRESS p. O. Box 348
CITY Poway,
STATE California ,
ZIP 9204 This space for Recorder's use
NO DOCUMENTARY TRANSFER TAX NO FEE
GRANT OF RIGHT OF WAY
ROBERT L. FISK and FRANCES L. FISK, husband and wife
, 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 casement of right of way 20.00 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:
•
That portion of the West Half of the Northeast Quarter of the Southwest Quarter
of Section 18, township 14 South, Range 1 West, San Bernardino Meridian, in the
County of San Diego, State of California, according to Official Plat thereof
described as follows:.
COMMENCING at the Northwest corner of the East 305.00 feet of said West Half
of the Northeast Quarter of the Southwest Quarter, being the Northwest corner
of land described in deed to Harold B. Akright, et al, recorded December 9,
1956 in Book 6385, Page 249 of Official Records; thence South 00°43'58" East
along the Westerly line thereof, 225.00 feet, more or less, to an angle point
therein;
thence Southerly continuing along said Westerly line to an intersection with
the Southerly line of the Northerly 321.00 feet of the West Half of the
Northeast Quarter of the Southwest Quarter of said Section 18, said intersection
being hereinafter referred to as Point A,
Thence North 89°15'30" West along said Southerly line, 191.50 feet to the TRUE
POINT OF BEGINNING;
Thence South 01°23'45" East to an intersection with a line that is parallel
with and Southerly of the Northerly line of the Northeast Quarter of the
•
Southwest Quarter of said 'Section 18, which intersects the Westerly line of
said Akright's land, distant thereon 240.00 feet Southerly of said Point A;
Thence North 89°15'30" West along said parallel line to the intersection
with the Easterly line of the Westerly 20.00 feet of said Northeast Quarter
of the Southwest Quarter of Section 18; .
Thence North 00°23'45" West along said Easterly line, 240.00 feet, more or less,
to the intersection with said Southerly line of the Northerly 321.00 feet.
Thence South 89°15'30" East along said Southerly line to the TRUE POINT OF
AEGINNING.
y a ' 113
• •
wx,xx •xRkkxiSatd easement of right of way in the aforesaid lands is particularly described as follows:
The Westerly 20.00 feet of the above described property.
III ti ii OM tial lie Wandp tti NI WPM maaalr MOs MI•rum
WAY YJNCIPAI Wahl iuirci. A pLleal auhaltasa a 1rtli iamb&W
rnt d the 1+e!at e,+et!n al sr/tab tL wC• 3,V11.11._
aal iia pull.ttsl.ta U ngslahas tart 19 its�,y�UI
trayCut `__q
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NAVN DA Er, ( E1J C1Clt'.
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 he 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. (�
�F R., 1 I I
3n Witness R1llrrraf, the GranrorS...•hdlle executed these presents chis.., \` day of.SE.(?1Fn?..' . t
Executed in the Presence of:
Witness.
—73.7a';76 (.% /,3t2/z
9
Witness.
TAX PARCEL NO._323 74-41
R/W No._.3Q9.399-'
DRAWN BY de,'Are
CHECKED BY
ACCT. NO. C-P03-228-00 NOTARIES—USE PROPER FORM ON BACK.
DATE September 7, 1978/jig
R/W-Grant-Form B101-6
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Ex�,;�;�r " A. • X 14
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V A ... /ND/CATES WATER
L/NE EASEMENT
Project: SEYMOUR LINE EXTENSION Tax Par. n 323- 270- 41
PLAT
of easements required by the
Poway Municipal Water District
C.A.N. C-PO3-226-OO
Prepared by:
CBoyle Engineering R/W # .309 399-R
Date: SEPT. 7 , /.45'
fnrnoration F