Subordination Agreement 1979-059037 - - ) 79-05x037 FILE/PACE1
R t� t
NO. U
• • I ) LANEINS URANCF CO.
When Recorded Mail To: ) - FEB 8 8:00 AM'79
POWAY MUNICIPAL WATER DISTRICT )
OFFICCIAL RDE DS
Post Office Box 348 ) SAN DIEGO COU , CALIF.
Poway, California 92064 )
) NO FEE
3/I-) f- )
SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated June 6, 1975 , recorded in the Office of the County
Recorder of San Diego County, June 10, 1975 File No. 75-143423
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
Lawrence C. and Marcia P. Schroll
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,
Lawrence C. and Marcia P. Schroll as Trustor,
Transamerica Title Insurance Company as Trustee,
and California Canadian 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.
RECORDER:
Neese mn'tn nr.nhet7M
Int record ne the aft-
DATED: I - Z 3 - BENEFICIARY: ached to be ng S recd d In
connection with a Gov
ernment,l Acency tra-
nsaction.
Ca fornia Ca6adian Bank
R/W # 318553-R
Exc. # 12 /
Proj . Martincoit BY:
Extension TITLE
"ABY:
TITLE
STATE OF CA FORNI , - SS.
COUNTY OF t a->ti
On -a 3_ -) e) befo me, the under -
signed, a Notary Public in and for sai County and
State, Personally appeared \ , � . Le/elver, FOR NOTARY SEAL OR STAMP
knoyn to me to be the we .4.yresident, and
�1/\ ek hpi �o r , known to me to be
SecreVary 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 1!.v::etiV'.r4•:.1.■f■.'S,tite.A.ti w.
such corporation executed the within instrument pursuant _ r OFFI IA: SEAL T
to its by-laws or resolution of its board of directors . { 't . NOTARY
R CROWELL
■_ k,,,; �k_;, IlUiARY PUBLIC CALIFORNIA ",
�%� I'nct pal O;Ilce.San Diego Da.f,al ■'
`x;� "'} Commission Exp. Mar. 15. 19PO f
%%T..'.n.'L'u a::.Vti aVVi V':.e: eV Anil
Sig ature of Notary
= 192
xviikxxamomecos3.1 easement of right of way in the aforesaid lands is particularly described as follows
All that portion of the above described property included within those
certain strips of land delineated and designated "60.00 foot Easement
Reserved For Road Purposes", and "50.00 foot Easement Reserved For Road
Purposes" on Record of Survey Map No. 5259, 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 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 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.
fin ilJiinres $lhrrrnf. the Grantors have executed these presents this day of , 19
Executed in the Presence of: //
Witness.
-t _ •tel` �C �� �1_-
Witness.
TAX PARCEL NO. 275-720-24,25 •
R/W No. 318553-R
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-256-00 NOTARIES—USE PROPER FORM ON BACK.
DATE December 18, 1978/jig
R!W Grant-Form B101-6
ti3
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
LAWRENCE C. SCHROLL and MARCIA P. SCHROLL, husfha,ii 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 publ is 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. XXXXXXXXXXXXXAXXrXX•XN(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 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 No. 4253, filed in the Office
of County Recorder of San Diego County, 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:
BEGINNINNG at a point in the Westerly line of said Parcel 85, distant thereon
North 01°04'50" East, 459.25 feet from the Southwesterly corner thereof; thence
along said Westerly line of Parcel 85, North O1°04'30" East, 300.00 feet to
an angle point in the boundary of said Parcel 85; thence along the Westerly
line of said Section 30, North 01°04'50" East, 21.84 feet; thence North
•
87°40'20" East, 44.19 feet to the Northeasterly line of said Parcel 85; thence
along said Northeasterly line South 36°53'20" East, 98.00 feet to an angle
point; thence South 58°50'24" East, 373.21 feet to a line which bears North
78°13'50" East from the Point of Beginning; thence South 78°13'30" West, 405.30
feet to the Point of Beginning.
The above described land being a portion of the certain 3.86 acre parcel
of land shown on Record of Survey Map No. 5259, filed in the Office of
County Recorder of San Diego County.
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:z A ... INDICATES WATER s... -
LINE EASEMENT * EASEMENTS RESERVED FOR ROAD
PURPOSES PER R.O. 5. 5259
Project: MARTINCOIT EXTENSION
References: PLAT C.A.N. C-P03-256-00 1
of easements required by the R/W # 318553-1?
Poway Municipal Water District Tax Par. 275-720-Z4,25
- ' Base Map 3
0 EAMON Er7arnitarlinq Corporattan
Date: DEC. IS, /978
Scale: 1 " = 100' consu$tinig engine•rs i tocn►tsic t•