Subordination Agreement 1974-130406 . • )
` L
• 1'; ) 74-130
, ) FILE/PAGE NO.. LO�
) BOOK 1974-
When Recorded Mail To: ) RECORDED REgUEST OF
LAND TITLE INSURANCE CO.
POWAY MUNICIPAL WATER DISTRICT ) MAY 2 0 8:00 AM'74
Post Office Box 348 )
Poway, California 92064 ) OFFICIAL RECORDS
) SAN DIEGO COUNTY, CALIF.
HARLEY r . ts[AOrt, CO!
LTI Order No. 289586-R NO F.r-
LTI Escrow No. 44794-P `
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, September 6, 196• 'ile No. 134814 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 John S. and Nancy M.
Hattox 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 my foreclosure 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 August 17, 1967
recorded September 6, 1967 , Recorder's File No. 134814 ,
securing a note in the amount of $ 30,000.00 . Clinton F. and Constance M.
Jones as Trustor, California General Mortgage Service, Inc .as Trustee,
and San Diego Federal Savings and Loan Assoc. 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:, May 14, 1974 BENEFICIARY
PHASE IV R/W San Diego Federal Savings and Loan Association
R/W #289586-R
4111,
BY:./ AIR --ckix--0-4----)
114,0 Preside t T ' E
BY: C/r'
Assistant Secretar TITLE
STATE OF CALIFORNIA,
SS.
COUNTY OF San Diego
On May 14. 1974 before me, the under
signed, a Notary Public in and for said County and
State, Personally appeared A. C. Wells ,
known to me to be the Vice President, and FOR NOTARY SEAL OR STAMP
Louise M. Deason , known to me to be
Assistant 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 �• I.FFICIAL HICKEYGLADYS
corporation therein named, and acknowledged to me that ; • ,,: •4 NOTARY rusuc-CAUFORNII
such corporation executed the within instrument pursuant : 41-6/d.. , PRINCIPAL oFF:CE IN
to its by-laws or resolution of its board of directors. ; ^: SAN DIEGO COUNTY
' My Commission Expires April 13, 1976 !
__.(.40474ed,Q__.- ts:/ ',/,-(. .?.44!!:..-4;r
'Signature of Notary
MC . 2o3A
1t734
410 4110
GRANT OF RIGHT OF WAY
JO 1 S, HAT= an-. M, .AiT9X, . us?3and and ' 4fc
, as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by.-[•..,,� ..'►�1'�.��, 1�...�.•.�.•.:.►..�,��: A,1x.{5,..vi.. ..-.:. ,35�....�i.(FQJ~.?�z�:;
as Grantee,receipt whereof is hereby acknowledged,do hereby grant to said
its successors and assigns,an easement of right of way 0...00 feet in width 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 or hereafter deem convenient and necessary from time 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 ofi?ri..D1<: 0
State of California,and are particularly described as follows,to wit:
Fareci 54 so :Thom and define.*.ea on record of Survey M.ap fto. 6253 filed in the
Officc of the Ccunty Recorder of San Die4o County, April M, 1957 said Survey
boinz portions of the rast Half of Section =5 Township 13 South, Range 2 Vest,
San Bernardino base and ;Meridian, and the gest Ual€ of Sretion 30, Township 13
south, w.0;:;0 i Vest, Saa Bernard i do Base and Meridian, in the Ccs my of an Diego, .
State of Califcrnia.
0 I'
Ex�{ 115IT A
•
•t
. ? iuer'linc otsaid easement of right o y in the aforesaid lands is particularly describe& Cows.
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•
Parcel 1: ' 1735
All that portion of said Parcel 54 lying within a strip of land 30.00 feet of even width,
the Southwesterly line of said 30.00 foot wide strip of land lying 10.00 feet Southwesterly,
measured at right angles, from the Northeasterly line of that certain 100.00 foot wide
right of way for the San Diego Aqueduct, as said right of way is described in Case No. 675,
San Diego Civil, in the District Court of the United States, Southern District of California,
Southern Division,a copy of which was filed in the Office of the County Recorder of said
San Diego County November 21, 1945, in Book 1986, Page 1 of Official Records.
Parcel 2:
All that portion of said Parcel 54 lying within a strip of land 20.00 feet of even width,
the center line of said 20.00 foot wide strip of land being described as follows:
Commencing at the intersection of the Southeasterly line of said Parcel 54 and the
Northeasterly line of said 100.00 foot right of way for the San Diego Aqueduct; thence
along said Northeasterly line, North 37°51'45" West 37.00 feet to the TRUE POINT OF
BEGINNING; thence South 52°08'15" West 120.00 feet; thence South 37°51'45" East to
said Southeasterly line of Parcel 54.
EXCEPTING THEREFROM, that portion thereof lying within the boundary of the land described
in Parcel 1 above, and ALSO EXCEPTING therefrom, that portion thereof lying Southwesterly
of a line drawn parallel with, and distant 125.00 feet Southwesterly, measured at right angles,
from the Northeasterly line of said 100.00 foot right of way for the San Diego Aqueduct.
TOGETHER WITH an easement for a temporary working strip of land, situated within the
lands first above described, said easement shall include, but not be limited to, the
right and privilege of workmen, contractors, and any and all agents employed by the Grantee
herein, to use and occupy said temporary working strip for the purpose of constructing
the hereinbefore mentioned pipeline or pipelines, and any and all appurtenances inci-
dental thereto, and said easement shall include the right and privilege to place and
operate any and all machinery on said strip which the Grantee herein, or any agent or
contractor employed by said Grantee, deems necessary for the construction of said pipeline
or pipelines.
Said temporary working strip hereinabove referred to being more particularly described
as follows:
All that portion of said Parcel 54 lying within a strip of land 20.00 feet of even width,
the Southwesterly line of said 20.00 foot wide strip of land lying 20.00 feet Northeast-
erly, measured at right angles from the Northeasterly line of the above mentioned 100.00
foot wide right of way for the San Diego Aqueduct.
It is hereby understood and agreed upon by the Grantor and Grantee herein, that the
right and privilege set forth for the use of the above described temporary working strip
shall be in full force and effect from the date of execution of this instrument, and
shall continue in full during the construction of said pipeline, and that upon com-
pletion, final inspection, and acceptance of the pipeline by said Grantee herein, the
easement for the temporary working strip hereby granted and described above, shall cease
and terminate, and become of no further force or effect.
It is also understood and agreed upon by the Grantor and Grantee herein, that the grant
and termination of the easement for the temporary working strip hereinabove described
shall in no way affect or frustrate the continued enjoyment and use of the permanent
easements described in Parcels 1 and 2 above.
Witness.
R/W No. 2;'•�`_': -
DRAWN BY JA
CHECKED BY CETT
ACCT. NO. C""1.-03-1'•6-27 NOTARIES—USE PROPER FORM ON BACK.
DATE Cct, 1';, 1773/cP
R/W-Grant-Form B101-6