Subordination Agreement 1974-167519 )
M 3 74-167519
When Recorded Mail To: 937 ) FILE/PAGE NO..________
POWAY MUNICIPAL WATER DISTRICT ) RECORDED REQUEST OF
Post Office Box 348 ) LAND TITLE INSURANCE CO.
Poway, California 92064 ) JUN2 4 8:00 AM'74
,779//33-/< )
OFFICIAL RECORDS
SAN DIEGO COUNTY, CALIF.
SUBORDINATION AGREEMENT FlARLEY F. BLOOM, RECORDER
NO FEE
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust recorded in the Office of the County Recorder of San Diego
County, March 10. 1971 File No. 45401 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 Merilyn Francis
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 March 3, 1971
recorded March 10, 1971 , Recorder's File No. 45401
securing a note in the amount of $104,000.00 . Merilyn
Francis as Trustor, Transamerica Title Insurance Co. as Trustee,
and David Homer Williams and Elizabeth N. as Beneficiary.
Williams
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 there 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: 7( 6, 17 4- BENEFICIARY
Executed in the presence of: /'
R/W #291433-R c �. 1'Ql..t 11/i.t- GG71 sc41
WWitnessc David Homer Williams
Cl
Eliza t N. Williams, as Trustees under
Witness G Declaration of Trust dated March 14, 1972.
WITNESS FORM
STATE OF CALIFORNIA, ss
County of San Diego.
On this..a..t.ai ,..day of....A A.D., 19 74 ,before me,....
a Notary Public in and for the said County and State,residing therein,duly commission d and sworn,personally appeared
�l�-•L >�i known to me to he the person whose name
subscribed tfSthe within instrument,as aWitness thereto,who being by me duly sworn,deposes. and says
That he reside.S in...r1:A-rte' .e s. and that he
L� present and saw. u ' ..11.
personally known to h4.-rrvs:..to be the same person..t....whose names subscribed
to the within and annexed Instrument,execute and deliver the same,and he acknowl-
edged to said affiant that he executed the same;and that said affiant subscribed
h.4.1 name thereto as a Witness.
3Jtt Witness Ullirrruf. I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
BETTY H. BLOUNT
i ` -'. NOTARY PUBLIC
ti Notary Public in for said County and State.
r Principal Office,San Diego Co.Calif, f
My Commission expires January 2. 1977
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piNCOEICIalaSiaid easement of right of way to the aforesaid lands is particularly described as follows.
The Northerly 25.00 feet of said Lot 1. 938
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 appur-
tenances 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:
The Southerly 20.00 feet of the Northerly 45.00 feet of said Lot 1.
It is hereby understood and agreed upon by the Grantor and Grantee herein, that the
right 4nd 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
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
25.00 foot wide easement first above described.
t
Grantor and her successors in estate shall not erect or construct,or permit to he 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 cur 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 partie, hereto that the Grantor and her 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.
Ott Witnrss Trihrrrni. the Grantor...has executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness.
R/W No. 291433-R
DRAWN BY AJAP
CHECKED BY JFiI
ACCT. NO. 0-P03-161-06 NOTARIES—USE PROPER FORM ON BACK.
DATF 1/10/74 dp •
FON-Grant-Form 8101—6
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GRANT OF RIGHT OF WAY 939
MERILYN FRANCIS, a married woman
, 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
POWAY MUNICIPAL WATER DISTRICT
its successors and assigns,an easement of right of way 25.00 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 of San Diego
State of California,and are particularly described as follows,to wit:
Lot 1 in Section 1, Township 14 South, Range 2 West San Bernardino Meridian,
in the County of San Diego, State of California, according to the United States
Government Survey.
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