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Subordination Agreement 1974-315810 • C p • '�' • 1cJ3�c. ) • FILE/PAGE N0,747...,—Al5810 , ) B©OK197 When Recorded Nail To: ) REGORDED i EQuE$T Of ) FIRST AMERICAN TITLE INS. CO. POWAY MUNICIPAL WATER DISTRICT fl pp fl uu Post Office Box 348 ) Hfb 3 IO 29 "i Poway, California 92064 ) OFFICIAL. RECORDS ) SAN DIEGO COW!Y,CALIR. _ ) HARLEY F.ELOON RECORDcg. SUBORDINATION AGREEMENT FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated January 23, 1971 , recorded in the Office of the County NO FEE Recorder of San Diego County, February 1, 1971 File No. 18824 , and as owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the Easement granted by Frederick A. Johnson 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, Frederick A. Johnson as Trustor, Land Title Insurance Co. as Trustee, and William E. and Edith M. Johnson 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: �-r--d': fir /77y BENEFICIARY: R/W # 695478-6(D) William E. Johnson Exc. (-11") -ki Edith M. Johnson ►' — WITNESS WITNESS FORM STATE OF CALIFORNIA ) ss . COUNTY OF SAN DIEGO j On this 18th day of November , 1974 , before m e, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared HARRY BARBER known to me to be the person ::hose ,lame is subscribed -to the within instrument as a WITNESS thereto, who being by me duly sworn, deposes and says that he resides in Poway, California, and that he was present and saw William E. Johnson and Edith M. Johnson personally known to him to be the saMC person s whose name s _are subscribed to the within and annexed Instrument, execute and deliver the same and t hey acknowl- adged to said affiant that they executed the same; and that said affiant subscribed his name thereto as a Witness. WITNESS my hand and official seal. OFFIL SEAL EVIA L.CIAPOWELL ;`. .�.�!�ga NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY NotaryPublic in and for said 4••r�' ) My CommissionExpires Aug.15.1916 ( County and State pOC . 19 54 . 13811 Toblasson Road. Poway, CA. 92064 grcr- 1- „ , + GRANT OF RIGHT OF WAY TIMM= A, .70I07S024, a sinaie man , 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 1GNAY NUNICIPAL WATP.R DISTRZCr its successors and assigns,an easement of right of way" v" ==='►�r'r`wt h 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 transmission and communication purposes,at such locations and elevations,upon,along,over and under the hereinafter described right of way as Grantee may now orhereafterhereafter deem cco�nvveenii�e(ntt and necessary from time to rime sCttWeh *%kcb'>sl�.y�tia,�:t r7 i 'r=.=►=} ,��'�\ ,MAX!(1=31: �rWV.�7L�A.'dAMlli OIC1i1000C if 'Zira C 4LW�.0111a JflIL"aCC sValt�.A[:tCrU:Li GI�Ch-a7sccrEZ •1Zjdts,together with the right to use said right of way for access to Grantees rights of way situated in adjacent lands. Jths:W d: ICartaiK '- ,.. .;w 'r 1tiX,Z^wiin�IT�l. {1WV'� X. ,eCOf_CMOCIOCCOCCO coif{;:W{s i@{Yc UVECU . Sar:: easement of right of way is particularly described as follow: All that portion of the e,out west quarter of the Southeast Quarter of Section 12, Tot•:ash_p 14 South, Range 2 West, San Bernardino Meridian in the County of San Diego, State of California according to the Official Plat thereof, described in kleed to Fredrick A. .iohnson, filed in the Office of the County recorder of paid San Diego County February 1, 1971 as Document ?!o. 13823, lying within the boundaries of the following described land: Comencing at the Northwest corner of the Southwest quarter of the Southeast quarter of said Section 12; thence East 440.00 feet; thence South 280.00 feet; thence West 170.00 feet; thence South 300.00 feet, more or less, to the South line of Windsor Street, as said street is shown on the Map of Piermont, No. 785, filed in the Office of the County Recorder of said county; thence West along said line, 270.00 feet to a point in the West line of said Southwest quarter of the Southeast quarter; thence South along said West line, 20.00 feet, more or less, to a point distant thereon North 350.00 feet from the Southwest corner of that parcel of land described in Deed to Salathiel Gurwell, recorded November 28, 1906, in Book 401, page 227 of Deeds; thence East 215.00 feet; thence South 210.00 feet; thence East 215.00 feet; thence South 140.00 feet, more or less, to the South line of that parcel of land conveyed to Gurwell by Deed above mentioned; thence East along said South line a distance of 230.00 feet, more or less, to the Southeast corner of said Gurwell land, being the TRUE POINT OF BEGINNING; thence Northerly along the Easterly line of said Gurwell land to the Northeast corner of the Southerly 10.00 feet of said land; thence Westerly along the Northerly line of said Southerly 10.00 feet, a distance of 198.06 feet, more or less, to a line drawn parallel with, and dis- tant 18.06 feet Westerly, measured at right angles, from the Easterly line of land described in Deed to William E. Johnson, et ux, filed in the Office of the County Recorder of said San Diego County April 26, 1966 as Document No. 69893 of Official Records; thence Northerly along said parallel line, and along the Northerly prolongation of said parallel line, a distance of 168.28 feet; thence Westerly at right angles, a dis- tance of 20.00 feet; thence Southerly, at right angles, a distance of 178.28 feet, more or less, to the aforementioned Southerly line of Gurwell's land; thence Easterly along said Southerly line, a distance of 218.06 feet, more or less, to the TRUE POINT OF BEGINNING. EXNB/ / T "A RECORDtV APRIL 00, 1974-- DOCUMENT 97DOCUMENT NO. 74--74- /O/ &4- 5 ,• i • • 153i, • 7 xrexitt catolgx3tse. m z:. xis klao covwusu, E4-,ro,os:. Grantor and Li,r 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 he 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 11x.6 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. 3In 3,11itttrss Ulf .rrrnf, the Grantor he.` executed these presents this day of , 19 Executed in the Presence of: Witness. Witness. R/W No. v:_.5='7 _f„, (L) DRAWN BY AMP CHECKED BY ACCT. NO. C—PC3-160—( NOTARIES—USE PROPER FORM ON BACK. DATE April 11, 1974/dL . RIW-Grant-Form 8101—6