Subordination Agreement 1978-555428 r - - * 7 -555428
• 1975 ) FILE/P G N0.
BOOK 1916
RECORDED REQUEST OF
When Recorded Mail To: ) LAND TITLE INSURANCE CO.
POWAY MUNICIPAL WATER DISTRICT )
DEC 28 8:00 AM'78
Post Office Box 348 ) SAN OFFICIAL
IEGO RECORDSYCALIF.
Poway, California 92064 )
) RECORDER NO FEE
SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated December 12, 1977 , recorded in the Office of the County
Recorder of San Diego County, December 14, 1977File No. 77-515475
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
Riley J . and Onie 0. Lively
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,
Riley J. and Onie 0. Lively as Trustor,
Title Insurance and Trust Company as Trustee,
and Union Mutual Life Insurance Company 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.
i RECORDER:
I Please make nn chary..
for recording the a't-
:
DATED11/28/78 BENEFICIARY:
• I Is belnp reccrded In
�OnC Cti.�n with r Gov-
ernment.IAge'.cy tr--
n3aCtlon.
• Union Mutual Life Insurance Com
R/W # 313754-R
Exc. # 20 ,
Proj . Lively Center BY: - �f
Storage Se.Eond Vice 'reside t TITLE
BY: . e if�-e--
Assistant Secretary TITLE
MAINE
STATE OF IFORNI-A,
SS.
COUNTY OF Cumberland
On 11/28/78 before me, the under -
signed, a Notary Public in and for said County and
State, Personally app ared Neal C. Gould , FOR NOTARY SEAL OR STAMP
n
knowto me to be the�ed ud President, and
Barbara A. Whitney known to me to be
Assistant Secretary of the corporation that executed
the within Instrument, known to me to be the person=
who executed the within Instrument on behalf of the
corporation therein named, and acknowledged to be that
such corporation executed the within instrument pursuant
to its by-laws or resolution of its board of directors.
•
-
Signature of Notary
MY COMMISSION EXPIRES
APRIL 28, 1934
1)0C . EC4-14
r• ,r_a_su:._� alar
• E��87s
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
NAME
STREET
ADDRESS
CITY
STATE
ZIP This space for Recorder's use
EXHIBIT NO�,,[X UMENTARY TRANSFER TAX NO FEE
GRANT OF RIGHT OF WAY
RILEY J. LIVELY and ONIE 0. LIVELY, husband and wife
, as Grantor, for and in consideration of the sum of One Dollar and
ocher 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 wayXXXXXXXXXXXXXXiSYrXXd( XXk 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: •
•
All that portion of the Southeast Quarter of the Northwest Quarter of Section 13,
Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San
Diego, State of California, according to United States Government Survey, described
as follows:
Commencing at the Southeast corner of said Southeast Quarter of the Northwest
Quarter of Section 13; thence along the Southerly line of said southeast Quarter
of the Northwest Quarter, North 89°03'30" West, 459.50 feet to the Southwest
corner of land described in deed to Raymond Hampe, recorded August 25, 1953 in
Book 4965, page 184 of Official Records and the TRUE POINT OF BEGINNING; thence
along the-Westerly line of said Hampe's land, North 01°54'00" East, 489.33'feet •
to the Southwest corner of land described in deed to Ernest H. Peacock, et al ,
recorded September .2, 1953 in Book 4974, page 78 of Official Records; thence
along the Westerly line of said Peacock's land, North 01°54'00" East, 315.85
feet, more or less, to an angle point in the Southerly boundary of land described
in deed to Ernest H. Peacock..et al , recorded February 2, 1954 in Book 5128, page
345 of Official Records; thence along the Southerly line of said Peacock's land,
North 88°59'00" West, 247.54 feet to the Southwest corner of said land; thence
Southwesterly in a straight line to the Northwest corner of land described in
deed to John Henry Caudell , et ux, recorded February 15, 1954 in Book 5141 , page
464 of Official Records; thence along the Northwesterly line of said Caudell 's
land, South 36°55'00" West, 395.88 feet to the Southwesterly corner thereof, being
a point on the Southerly line of said Southeast Quarter of the Northwest Quarter;
thence along said Southerly line,- South 89°08'30" East, 695.50 feet to the TRUE
POINT OF BEGINNING.
p
1977
• /WUXXXtI{ AX-XX Said easement of iaway in the aforesaid lands is particularly descreas follows
All that portion of the property described above included within the following
described property:
Commencing at the Northeast corner of the Southerly 50.00 feet of said above
described property; thence along the Northerly line of said Southerly 50.00
feet, North 89°08'30" West 15.00 feet to the TRUE POINT OF BEGINNING; thence
retracing South 89°03'30" East 15.00 feet to the Easterly line of the above
described property; thence along said Easterly line, North 1°54'00" East
388.00 feet; thence North 88°06'00" West 106.00 feet; thence South 1°54'00"
West 20.00 feet; thence South 88°06'00" East to the Westerly line of the
Easterly 27.00 feet of said above described property; thence Southerly
along a straight line to the TRUE POINT OF BEGINNING.
Grantor and their successors in estate shall not erect or construct,or permit to be erected or constructed,any building
or ocher 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 ocher 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.t.hei r 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.
3n Witness WIlrrrnf. the Grantors have executed these presents this day of , 19
t/
Executed in the Presence of:
kf./
"/
Witness. ,
Witness.
TAX PARCEL NO. 317-101-42,43
R/W No. 313754-R(Revised)
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-245-00 NOTARIES—USE PROPER FORM ON BACK.
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• 695.50' 4,59. 50'
CENTER OF
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F///A.. /ND/CATES WATER SEC. /3
L/NE EASEMENT
Base Map # 2
Project: LIVELY CENTER STORAGE NO I Tax Parcel # 3/7- /0/-42,43
PLAT
of easements required by the
Poway Municipal Water District
C.A.N. _ C•P03-245-00
Prepared by: R/W # 3/3754 -1?
Boyle Engineering Corporation Date: _ NOV.. 134 1978