Subordination Agreement 1974-120224 )
21 ) 7.1-120224
) FILE/PAGE _________
BOOK 19'74
rhea Recorded Mail To: ) RECORDED REQUEST OF
LAND TITLE INSURANCE CO.
POWAY MUNICIPAL WATER DISTRICT ) MAY 9 8:00 AM�]4
Post Office Box 348 )
Poway, California 92064 ) OFFICIAL RECORDS
SAN DIEGO COUNTY, CALIF.
ttAti,EY P. Bt,00M, RBGOBDffi
LTI Escrow No. 44027-P
LTI Order No. 279434-R No F
SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust recorded in the Office of the County Recorder of San Diego
County, ' Dec. 6, 1972 File No. 325046 and as owner and holder of
the obligations thereby secured does hereby make subject and subordi-
nate the liens thereof to the Easement granted by Virgil J. and
Maureen M. Stimpson 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 super-
ior to the rights of any purchaser under B. oreclosure of said Deed of
Trust. (
The easement described in EXHIBIT "A" attached hereto affects the real
property described in the said Deed of Trust dated Dec. 5, 1972
recorded Dec. 6, 1972 , Recorder's File No. 325046
securing a note in the amount of $ 35,000.00 Virgil J. and Maureen
M. Stimpson as Truster, Equitable Trust Co. as Trustee,
and Security Pacific 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
t;ould not be made or entered into but for said reliance and the execution
by Beneficiary of this waiver, relinquishment and subordination.
DATED: 4/-....76 - 74/ BENEFICIARY
Security Pacific National Bank
/
BY:
/.` TITLE
BY:
TITLE
STATE OF CALIFORNIA )
} SS.
COUNTY OF San...Diego ))
ril. 26 1974 , before me, the undersigned,a Notary Public in and for said State, personally appeared
B. rUeS �e known to me to be the Vice President,and Frank..Marino
known to me to be the Asst. Vice Presid den of the SECURITY PACIFIC NATIONAL BANK, the association that
executed the within Instrument,known to me to be the persons who executed the within instrument on behalf of the association therein
named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the
within Instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
enwnmum,,,mnumuamwwniniuum C``um'm.i'^n�,�u
(Seal)
l BARBARA J. LUFKIN g
g a ��• "`" r..8_ trF fORNI
.
PRIM:IP1t C•F�` IN
CAN OcFO) ':UUNIY (Nota blies S' ure)
My Commission Exp
Iles Nov. 11, 1971
3087 t DGc. COZA
MIS 9567 to-ae• 25 Bonk Officer's Notarial Acknowledgment 11��UU n
Signature of Notary
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• 1522 •
` • GRANT OF RIGHT OF WAY
VIRGIL J. STIMiPSON and MAUREEN M. STIMPSOiY, husband..and..irl.fe
, as Grantor, for a rid 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 ••••••••••••••••• •' .11 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,ac 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 rime to time,together with the right of ingress thereto and
egress therefrom, to and along said right of way by a practical route or routes in,upon,over and across the hereinafter 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 Lot 3 of Section 6, Township 14 South, Range 1 West, San Bernar-
' dino Base and Meridian, in the County of San Diego, State of California , according
to Official Plat Thereof , described as follows:
•
0
Beginning at a Point in the Westerly line of said Lot 3, which is distant thereon
South J0° 46' 41" East 541 .98 feet from the Northwesterly corner of said Lot 3;
thence East 320.00 feet; thence South 00° 46 ' 41" East 57 .51 feet; thence East
313.87 feet ; thence South 03° 50' 17" East 130.00 feet to the TRUE POINT OF
BEGINNING; thence continuing South 03° 50' 17" East 300.00 feet; thence East
326.95 feet to the center line of Road Survey No. 335, according to plat filed in
the Office of the County Surveyor of said County; thence North 17° 30' 50" West along
said center line 313.88 feet to aline which bears East from the TRUE POINT OF
BEGINNING; thence West 252.69 feet to the TRUE POINT OF BEGINNING.
E X E-k 151 T
'.Y...:}�?" i$ti•d easement of right of way in the aforesaid lands is particularly descrtbed as follows:
P ARCF.L 1:
• 1523 •
/CY►+l 't'$aid easement of right of way in the aforesaid lands is particularly described as follows:
PARCEL 1 :
All that portion of the lands first above described lying within a strip of land
25.00 feet of even width, said 25.70 foot wide strip of land lying Westerly of,
and immediately adjoining that certain 20.00 foot wide strip of land as described
in Deed to the PONERADO COUNTY WATER DISTRICT, filed in the Office of the County
Recorder of said San Diego County September 18, 1961 as Document No. 161900
of Official Records.
PARCEL 2: •
An easement for ingress to, and egress from the strip of land described in Parcel 1
above, and also for the purpose of constructing, reconstructing, replacing, repairing,
and maintaining the hereinbefore mentioned pipeline or pipelines, and any and all
appurtenarres incidental thereto, within the said strip of land described in
Parcel 1 above, over, under, upon, and across all that portion of said 20.00 foot
wide strip of land described in Deed to the PG`±ERADO COUNTY WATER DISTRICT which
lies within the boundries of the said lands first above described.
•
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•
•
•
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Grantor and.THELR....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...the7,?4...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 or the Grantee.
Jn Illiturss I,'llirrrnf. the Grantor...ha$ executed these presents this day of , 19
Executed in the Presence of:
•
•
Witness. .
Witness.
R/\V No. 279434
DRAWN BY—LIAP _ •
CHECKED BY\NF
ACCT.NO. • C-P03-106-06 NOTARIES—USE PROPER FORM ON BACK.
DATE__July 10, 1972/jg . • •
R'w-Grant-Form 8101 -6