Subordination Agreement 1974-167521 •
)
When Recorded Mail To: 9.44 )
POWAY MUNICIPAL WATER DISTRICT ) 19TMAY 22 A1°110: 06
Post Office Box 348 )
Poway, California 92064 )
)
LTI Escrow No. 44790-P
LTI Order No. 291429-R
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 21, 1972 File No. 189137 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 L. and
Elaine E. Stark 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 July 19, 1972
recorded July 21, 1972 , Recorder's File No. 189137
securing a note in the amount of $ 25,000.00 John L. and
Elaine E. Stark as Trustor, Fidelity and Guaranty Company as Trustee,
and First Federal Savings & Loan Assoc. ofSA. 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.
DAELD May 29, 1974 BENEFICIARY
R/W #291429-R First Federal Savings and Loan
Association of San Diego
VicePresid nail! TITLE
BY..i
• sistant Sec"' •• TITLE
STATE OF CALIFORNIA, SS.
COUNTY OF San Dievo
On May 29, 1974 before me, the under
signed, a Notary Public in and for said County and
State, Personally appeared Steve A. Morton
known to me to be the Vice President, and James FOR NOTARY SEAL OR STAMP
A. Ziegler , known to me to be
Asst"_ 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
�+#+«M ~~ *w1
corporation therein named, and acknowledged to me that OFFICIAL SEAL
such corporation executed the within instrumentpursuant
P PHYLUS R. WALTER
to its by-laws or resolution of its board of directors. .` � NOARY PUBLIC CA UFC"
77 PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
ft Commission Expires Nov. 16, 1974
N4 44.4'4,M•4PAI.
l/f .%)(1-th
Signature of Notary
Doc.,Ui
• 945
• Quacai p$a,d easement of right of way in the aforesaid lands is particularly described as follows:
The Southerly 30.00 feet of the property first above described.
TOGETHER 1WITH 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 Northerly 20.00 feet of the Southerly 50.00 feet of the property first above
described.
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
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.
74-167521
FILE/PAGE NO..
BOOK 1974
RECORDED REQUEST OF
LAND TITLE INSURANCE CO.
JUN? 4 8:00 AM'74
OFFICIAL RECORDS
• SAN DIEGO COUNTY, CALIF. NO FEE
HARLEY F. BLOOM, RECORDER
Grantor and their 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 the i r successors or assigns,shall not increase
or decrease,or permit to he 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.
+1n llliittrss lllhrrrnf, the Grantor.s...hay.e. executed these presents this day of , 19
•
Executed in the Presence of:
Witness.
Witness.
R/W No. 291429-R _
DRAWN BY ‘64P
CHECKED BY ifil
ACCT.NO. -C-P03-161-06 NOTARIES—USE PROPER FORM ON BACK.
DATEJanuary 16, 1974/jg� ,
Th'/ eC e"..47d'• -/7o-Y1
R!W-Grant Form 8101-6
` 946
GRANT OF RIGHT OF WAY
JOHN L. STARK and ELAINE E. STARK, husband and wife
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 30.00 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..Diegg)
Stare of California,and are particularly described as follows,to wit:
•
The Easterly 264.00 feet of the Westerly 528.00 feet of the South Half of Lot 4 in
Section 31, Township 13 South, Range 1 West; San Bernardino Meridian in the County
of San Diego, State of California according to United States Government Survey
thereof approved September 21, 1875.
EXCEPTING therefrom the Northerly 365.00 feet .
EXHIBIT ��A ��