Subordination Agreement 1974-153865 .. V • )
•
• ) • '31_ I9 53gb5
w ) A h I
- , 111-, ) _ • • R�CEIVc -� .7�.
• , When Recorded Mail To: ) Mqy `O
)
POWAY MUNICIPAL WATER DISTRICT ) 1011,1 b1974 1-
1. UEri;
Post Office Box 348 ) ' G°EGO
Poway, California 92064 ) id
dd"ASds ) F tl
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, July 28, 1972 File No. 196327 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 Harold J. , Jr. , and
Deanna D. Orthmeyer 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 June 29, 1972
recorded July 28, 1972 , Recorder's File No. 196327 ,
securing a note in the amount of $ 39,600.00 • Harold J. , Jr. and Deanna D.
Qrthmeyer as Trustor, California Reconveyance Company as Trustee,
and Great Western Savings & Loan Association 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 28th. 1974 BENEFICIARY .,,I.i�..
�.. ....-pC'.,'i
PHASE IV Great Western Savings and Loan g�Sspci&til� 0':P
R/W #289585-R =",
1 0
1
BY: , ,�`—
�t = �'`�••i 9 ..•
E.A. Crane .ce Pr-sident i.T.... r.%
,
.;I:ii:i111
BY: - /. li---0-wc
Ru Hoover , Assistant Secretary TITLE
STATE OF CALIFORNIA, SS.
COUNTY OF LOS ANGELES
On May 28th lg74before me, the under
signed, a Notary Public in and for said County and
State, Personally appeared E.A. CRANE ,
known to me to be thevice President, and FOR NOTARY SEAL OR STAMP
RUTH HOOVER , known to me to he
Assistant Secretary of the corporation that executed
the within Instrument, known to me to be the persons yrww+nw.uuu,turummusmnuutaum^' y
who executed the within Instrument on behalf of the - OFFICIAL SEAL
corporation therein named, and acknowledged to me thatVIRGINIA DELAHUN
VS„"''' '- ')t, NOTARY PUBLIC•CALIFORNI
such corporation executed the within instrument pursuant Al PRINCIPAL OFr ICE IN
to its by-laws or resolution of its board of directors . LOS ANGELES COUNTY
3 My Commission Expires Dec. 26, 197
T. uum IN
or L_
/- I L6, _.i —• .
Si.: at ie of Notary
0(
' OC , zOloA
1115
111.1r. .s►ii fiaid easement of right.ay in the aforesaid lands is particularly describcfbollows
• 1
All that portion of said Parcel 53 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.
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 incidental 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 53 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
Northeasterly, 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 he 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 completion, 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 30.00 foot wide easement first above described.
or otner structure,plant any tree or trees,or ants any wen or wens,wtrntn me limits or sato ngnt 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 scrip 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...tha f,..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.
+ln Uhitnrss Thrrrnf, the Grantorg...., ;.� executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness.
•
R/W No.
DRAWN BY %IAP
•
CHECKED BY G,TT _
ACCT.NO. C•T11.3-I,1' NOTARIES—USE PROPER FORM ON BACK.14.r/isDATE fetcher 1�tr � '+//JJ
RIW.Grant Form B101-6
_'
1 • 1111.
GRANT OF RIGHT OF WAY
, as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by
i:'1.i.102AL Iii ..D.:;27 1 3.'....o.
as Grantee,receipt whereof is hereby acknowledged,do hereby grant to said
I' ;;AY..:
its successors and assigns,an easement of right of way 3a.c.) 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 nor 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 of San..Die;,;o
State of California,and are particularly described as follows,to wit:
Parcel 53 as shown and delineated on Record "of Survey Map No. 4253 filed -in the '
Guice of the County Itecol:der of San Diego County, f.pril 10, 1957, said ::ur aey
bcir,S portica of t',e Bast Ilalf of S^ction 25, Tons:ip 13 Seen, Range 2 West,
San Br'rnardiro lase and Yiridin, in the County of Gan Mew", State of C:a1;fo.-r_ia,
and tie 17est :'.alf of Section 30, :o n hip 13 South, Range 1. t'eet, San Be. arlinc •
Base and Meridian, in the County of ,;.;n Diego, state of California.
EX H 15 IT "A „