Subordination Agreement 1979-076323 i
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When Recorded Mail To: ) FILE/PAGE NO) BOOK 1979
) RECORDED REQUEST OF
POWAY MUNICIPAL WATER DISTRICT ) TITLE INSURANCE & TRUST CO.
Post Office Box 348 ) FEB22 8:00AM'79
Poway, California 92064 ) OFFICIAL RECORDS
) SAN DIEGO COUNTY, CALIF. 71-e) 2"/
/ d( RECORDER
IDLi&2n-I,' SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated February 20, 1963 , recorded in the Office of the County
Recorder of San Diego County, February 28, 1963 File No. 35361
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
Robert K. and Mary A. Schiefer
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,
Robert K. and Mary A. Schiefer as Trustor,
Equitable Trust Company as Trustee,
and Security First National 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.
DATED: c„; , - C BENEFICIARY:
Security First National Bank
R/W # 1046255 4 4
Exc. # 7 ��r" p
Proj . Martincoif BY: /L_,'"� o /' a 4".
Extension TITLE
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BY c19ccs
TITLE
STATE OF CALIFORNIA, SS.
COUNTY OF San Diego
On 2-5-79 before me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared David B. Neumann , FOR NOTARY SEAL OR STAMP
known to me to be them. VicL resident, and
Carl R. Pennington , known to me to be
Asst. Vice PresSXXIXKXX#Xof the corporation that executed
the within Instrument, known to me to be the persons
who executed the within Instrument on behalf of the - OFFICIAL SEAL
corporation therein named, and acknowledged to be that -
MARY L. PI:RCE
such corporation executed the within instrument pursuant «; : ,'
to its by-laws or resolution of its board of directors. \-i r
My Comm;:::!(:- �. �: s.,u.c 3, ISSO
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Si nature of otar
y NO CHARGE ON THIS DOCUMENT
FOR THE BENEFIT OF
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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
ROBERT K. SCHIEFER and MARY A. SCHIEFER, 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 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 XXXXXXXXXXXXX X ma 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 Sart Diego
State of California, and are particularly described as follows, to wit:
THAT PORTION OF PARCEL 85 OF RECORC OF SURVEY MAP NO. 4253 , FILED IN THE
OFFICE OF COUNTY RECCROER OF SAN DIEGO COUNTY, BEING A PORTION OF LOT 4 IN
SECTION 30, TOWNSHIP 13 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 46 OF GREEN VALLEY ESTATES UNIT
NO. 3• ACCORCING TO MAP THEREOF NO. 3805 , FILED IN THE OFFICE OF COUNTY
RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 68°27 ' 20" EAST ALONG THE
NORTHERLY LINE OF PARCEL 84 AS SHOWN ON RECORD OF SURVEY MAP NO. 4253, A
DISTANCE OF 50.00 FEET ; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH
21°32'40" WEST 40.00 FEET; THENCE SOUTH 68°27' 20" EAST 75 FEET; THENCE
SOUTH 2°13' 40" WEST 287.01 FEET ; THENCE SOUTH 19°17 '30" WEST 399.02 FEET ;
THENCE SOUTH 2°05 '22" EAST, 129.69 FEET TO THE TRUE POINT OF BEGINNING,
BEING ALSO AN ANGLE POINT IN THAT CERTAIN 1.56 ACRE PARCEL OF LAND, AS
SHOWN ON RECORD OF SURVEY NO. 5259, FILED IN •THE OFFICE OF COUNTY
RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE BOUNCARY LINE OF SAID 1. 56
ACRE PARCEL AS FOLLOWS:
S'3UTH 2°05' 22" EAST 80. 12 FEET; SOUTH 33°04'07" WEST 311 .61 FEET ; NORTH
48°27'53" WEST 239.43 FEET; NCPTH 47°53 ' 55" EAST 350.06 FEET, AND SOUTH
58°50'24" EAST 101. 11 FEET TO THE TRUE POINT OF BEGINNING.
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Xt44,XcXAMOXi olSaid easement of right of way in the aforesaid lands is particularly described as follows:
All that portion of the above described property included within that certain
25.00 foot wide strip of land delineated and designated "25.00 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 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 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 3Eitnree 38hrrrof, the Grantor have executed these presents this 2nd day ofFebruary 1975
Executed in the Presence of:
Witness.
Witness. .1
TAX PARCEL NO. 275-720-14
R/W No. - 1046255
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-256-00 NOTARIES—USE PROPER FORM ON BACK.
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Willi ,,. INDICATES WATER �.
LINE EA5EMENT * EASEMENTS RESERVED FOR ROAD
PURPOSES PER R.O. 5. 5259
Project: MARTINCOIT EXTENSION
References: PLAT C.A.N. C-P03-256-00
of easements required by the R/W # /046255
Poway Municipal Water District Tax Par. 275-720- 14
Doug" Map 3
0Date: DEC. /8, /978
Scale: 1 " = 100' co,. .,
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