Subordination Agreement 1979-116020 ' 0 )79-116020 LN 4 1 "93
ACCOMMODATION �- ) ctLE/PAGE No.
• OK 1979
When Recorded Mail To: ) dED1EC E
RECORO�D i{..CUi:ST OF
C DER: //)POWAY MUNICIPAL WATER DIST � make nocnarile f d fill, 1r� i�
Post Office Box 348 for recording tire att. ) t AR 2� n �a �,�^
ached ^stru meat. It J
Poway, California 92064 Is being recorded In
connection with a Gov. )
ernmental Agency tra- OFF IL b. —,,,JROS
nsaction. ) ES • r'R
, , _� ; �� ,AN DI AOOI� 1?. CALIF.
SUBQRDINATION AGREEMENT
NO FEE
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated August 28, 1972 , recorded in the Office of the County
Recorder of San Diego County, September 21 , 1972File No. 252188 ,
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
Elroy F. and Margaret A. Wiehl
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,
Elroy F. and Margaret A. Wiehl as Trustor,
United California Bank as Trustee,
and United California 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: ` ' -• • � ` '..
a
DATED: January 18, 1979 BENEFICIARY: t -
. 4 ,.
United California Bank • °
• •n
R/W # 318561-R
Exc. # 4
Proj . Martincoit BY: c �,w.- �e�
Extension Alex S. Camp. -11 - V$e President TITLE
BY: or,
Rob- t R. Hervey • s- . Vice Pres. TITLE
STATE OF CALIFORNIA, SS.
COUNTY OF Los Angeles
On 1/18/79 before me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared Alex S. Campbell FOR NOTARY SEAL OR STAMP
known to me to be the Vice President, and
Robert R. Hervey , known to me to be
Asst. Vice Pres.S1TXreVly 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
such corporation executed the within instrument pursuant --___.„: :_::_._ -. -
to its by-laws or resolution of its board of directors . ,. OFFICIAL SEAL
_ • _
‘ JOAN A. THACKER
ait,'.e'�I NOTARY PUBLIC CALIFORNIA
V1.4 PRINCIPAL OFFICE IN 14
.4 l',u11-� LOS ANGELES COUNTY t:
•; My Commission Expires Nov. 1, 1982 ::
9C`4.t. CL •• �/L-t �-.1(2-1- r _-
Signature of Notary
•:‘',(.) A
• r, l
•
• �
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
EXHIBIT "A"
GRANT OF RIGHT OF WAY
ELROY F. WIEHL and MARGARET A. WIEHL, husband and Wife
, as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by .POWAY...MUNI.CIPAL..WATER_.DISTRICT,...a._i ublic..corpo.ra.tian
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 MOO 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 rime,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 ro 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 Di ego
State of California, and are particularly described as follows, to wit:
That portion of Parcel No. 27 of Record of Survey Map No. 3897, filed in the
Off ice of the County Recorder of San Diego County, being a portion of Section
25 and 36, Township 13 South, Range 2 West, San Bernardino Base and Meridian,
in the County of San Diego, State of California, according to Official Plat
thereof, lying Southerly and Southwesterly of a line, described as follows:
BEGINNING at the Southwesterly corner of said Parcel 27, being an intersection
of the Westerly line of said Parcel 27 with the Northeasterly line of Martincoit
Road, 60.00 feet wide, as shown on said Record of Survey Map No. 3897; thence along
said Westerly line, North 05°44'30" East, 151.37 feet to the TRUE POINT OF
BEGINNING of the herein described line; thence leaving said Westerly line,
South 84°10'36" East, 209.97 feet; thence South 19°04'10" East, 133.24 feet; .
thence Sooth 33°03'00" East, 28.09 feet to an angle point in the Southeasterly
boundary of said Parcel No. 27.
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11,
XKt)EtXt. EiaM(XfSaiJ easement of right of way in the aforesaid lands is particularly described as follows: J ti
The Southeasterly 28.00 feet of the property described above.
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Grantor and..thelr...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 cur 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 thei 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.
. n Ellinsss llhrrrof, the GrantorS....have executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness.
TAX PARCEL NO. 275-2Q1-12
R/W No. 318561-R
e::;2DRAWN BY —
CHECKED BY
ACCT.NO. C-P03-256-00 NOTARIES—USE PROPER FORM ON BACK.
DATE November 17, 1978/jlq
R/W-Grant-Form B101-6