Subordination Agreement 1979-122069 )
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2 2 U 0 ) 79-122069
) FILE/PACE !l?. _
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When Recorded Mail To: ) SCJ ti : i;ECUEST r,F
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POWAY MUNICIPAL WATER DISTRICT ) IITLE INSURANCE AND TRUST
Post Office Box 348 )
Poway, California 92064 ) Q r H "^
OFFIC' .
) RE:
IA/ //-F[ _Q� :AN DIEGO. Cut.„rTY. CALIF.
((J`"t CO J SUBORDINATION AGREEMENT NO FEE
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated February 27, 1967 , recorded in the Office of the County
Recorder of San Diego County, March 17, 1967 File No. 36358
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
Richard E. and Olive H. Martin
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,
Richard E. and Olive H.- Martin as Trustor,
Title Insurance and Trust Company as Trustee,
and Acacia Mutual Life Insurance Company as Beneficiary.
by Assignment recorded March 1 /, 196/ , as File/Page No. 36359
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: March 9, 1979 BENEFICIARY:
Acacia Mutual Life Insurance Company
R/W #1046254
Exc. #11
Proj . Martincoit BY: C.'.
Extension Assistan ifde President TITLE
ATTEST:
BY:
As stant 5 etary TITLE
NO CHARGE ON THIS DOCUMENT
SS. FOR THE BENEFIT OF
X74X}F DISTRICT OF COLUMBIA ,,1
On March 9, 1979 before me, the under - District PQtc .� MAR 4. VJGd Cr L ih
signed, a Notary Public in and for said / ymimi
;State, Personally appeared Ben G. Mays , FOR NOTARY SEAL OR STAMP
known to me to be the Asst. V. President, and
Rodney Hertz , known to me to be
Asst. 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
such corporation executed the within instrument pursuant
to its by-laws or resolution of its board of directors.
X "(di/le! :1 a id 4'
Donald M. Blanchard, Notary Public, D C.
•My commission expires October 14, 1979.
&kgRaftu texigARARTYx
1)0C _1.3
• RECORDING REQUESTED BY:
2206
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
RICHARD E. MARTIN and OLIVE H. MARTIN, 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 easement of right of way. XXXXXXXXXXXMA 'X141 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,bur 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 PARCEL 85 OF RECORD OF SURVEY MAP 42531 FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO CCUNTY, BEING A PORTION OF LOT 4 IN
SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS:
BEGI+NNING AT A POINT IN THE WESTERLY LINE OF SAID PARCEL 85, DISTANT
THEREON NORTH 0°04. 50" EAST 459.25 FEET FPCM THE SOUTHWESTERLY CORNER
THEREOF; THENCE NORTH 78°13 . 50" EAST 405.30 FEET TO THE NORTHEASTERLY LINE
OF SAID PARCEL 85; THENCE SOUTH 58°50.24" EAST 20.27 FEET TO THE MOST
EASTERLY CORNER OF THAT CERTAIN 3 .86 ACRE PARCEL OF LAND SHOWN ON RECORD
OF SURVEY NO. 5259, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE ALONG THE BOUNDARY OF SAID PARCEL AS FOLLOWS:
SOUTH 47°53'55" WEST 350.06 FEET; SOUTH 61°04' 20" WEST 198.82 FEET AND
NORTH 1°04' 50" EAST 278.94 FEET TO THE POINT OF BEGINNING.
PAW11f XII Yai.l easement of right of way in the aforesaid lands is particularly described as follows
• A,A,ti 1
All that portion of the above described property included within those
certain strips of land delineated and desianated "25.0f1 fnot Fas ent
Reserved For Road Purposes", and "60.00 foot Easement Reserved For Road
Purposes" on Record of Survey Map No. 5250, filed in the Office of the
County Recorder of said San Diego County November 6, 1959.
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.
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.
3n Ttiitnree Thherenf, the Grantors have executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness.
TAX PARCEL NO.
275-720-13
K/W No. 1046254
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-256-00 NOTARIES—USE PROPER FORM ON BACK.
DATE December 18, 1978/11a
RAN-Grant-Form 8101—6
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Will!! ... INDICATES WATER .-
LINE EASEMENT * EASEMENTS RESERVED FOR ROAD
PURPOSES PER R.0. 5. 5259
Project: MARTINCOIT EXTENSION
References: PLAT C.A.N. C-P03-256-00
of easements required by the R/W # /046254
Poway Municipal Water District Tax Par. 275- 720- /3
Base Map 3
Date: DEC. /B 1978
Scale: 1 " = 100' G consulting _ngir�.. ./tagcrwtact•