Loading...
Subordination Agreement 1979-040490 • r S 2110 ) • --C40490 • When Recorded Mail To: ) FI• LE/PAGE NO. E CORD�D REQUEST OF POWAY MUNICIPAL WATER DISTRICT ) TITLE INSURANCE & TRUST CO, Post Office Box 348 ) Poway, California 92064 ) JAN 26 8:OOAM'79 6,z-/6_':5 -5- C rr OFFICIAL RECORDS SAN DIEGO COUHHTTy, CWF RE JHDE1R SUBORDINATION AGREEMENT NO FEE FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated May 22, 1978 , recorded in the Office of the County Recorder of San Diego County, July 26, 1978 File No. 78-312889 , and as owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the Easement granted by Gene Anthony Pastula and Joanne Marie Pastula 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, Gene Anthony Pastula and Joanne Marie Pastula as Trustor, First National Bank of San Diego County as Trustee, and Christopher J. Quartly 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. DATED: �,t 2- �cS BENE ARY: • f � r Christopher . a tley RAI #1046253 Exc. # 10 Proj . Martincoit Extension NO CHARGE ON THIS DOCUMENT FOR THE BENEFIT OF Mani . ukc1cr Di r STATE OF CALIFORNIA, SS. COUNTY OF San1)iego On December 22,1978 before me, the under signed, a Notary Public in and for said County and State, personally appeared InOPFIER QJARTLEY FOR NOTARY SEAL OR STAMP , known to me to be the person whose name subscribed to the : OFFICIAL SEAL within instrument and acknowledged that He executed a. +�, DANIEL R. RIVERA 4 NiatNOTARY PUBLIC - CAUFORNI the same. 11W1N1 SAN DIEGO COUNTY 4 2-• My comm. expires NOV 12, 198 itti Signature .f No ary • Doc.310 % 111 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 GENE ANTHONY PASTULA and JOANNE MARIE PASTULA, husband and wife , as Grantor, for and in consideration of the sum of One Dollar and other valuable consideration paid by POWAY MUNICIPAL.WATER D.ISTRICT,. 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 22.00 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: Parcel 2 of Parcel Map No. 3778, in the County of San Diego, State of California, according to the Map thereof filed in the Office of the County Recorder of said San Diego County, being a division of a portion of Sections 25 and 36, Township 13 South, Range 2 West, San Bernardino Meridian, according to the Official Plat thereof. X XXXNKl)(r M-Said easement of rigef way in the aforesaid lands is particularly des(r as follows N I 1 • All that portion of said Parcel 2 included within the Southeasterly 28.00 feet of Parcel 27 of Record of Survey Map No. 3897, filed in the Office of the County Recorder of said San Diego County April 10, 1956. Grantor and their successors in estate shall not erect or construct,or permit to he 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. Itis also understood and agreed by the parties hereto that the Grantor and..th.ei.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 Rlitnrsa };Ihrrrnf. the Grantor s have executed these presents this day of , 19 Executed in the Presence of: Witness. TAX PARCEL NO. 275-201-34 Witness. R/W No._____10467:47f_7 DRAWN BY CHECKED BY ACCT.NO. C-P03-256-Ofl NOTARIES—USE PROPER FORM ON BACK. DATE November 17, 1978/jig R/W-Grant•Form 8101—6 25 30 1 3l k ti Pf7R 2 0. 3778 P 4. k,, PAR. 27 PAR, / W R 0.S. 3897 ,/ 0 N ' SW CORNER R.O.S. _ � 7/0/ PARCEL 27 209,97- 14,4R, 4.c ,qRNc SECT/ON 3 0, T. /35., R. 2W. ACORN PATCH N V / .... INDICATES WATER LINE EASEMENT Project : MARTINCOIT EXTENSION References: PLAT C.A.N. C-P03-256-00 of easements required by the R/W N /046253 Poway Municipal Water District Tax Par. 275-201-34 BaBase Map 3 /97B l Date: NOV. Scale: 1"=200' 7, t:d11Wtbno •ngbne.fa:NC/Htscto