Subordination Agreement 1974-223925 )
1b08 RECORDER-
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39 25
Please make no charge / - / 2
. for rrcoreing the att• -L-IJ (Cy,, h-II
ac''ed Instrument. It U — / 9
When Recorded Mail To: is being ,.co•ded in - -
connectien with a Gov-
. ernmental Agency tra-
POWAY MUNICIPAL WATER DISTRICT nsact.on.
Post Office Box 348 )
Poway, California 92064 )
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. 14, 1972 File No. 332530 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 George Von Tobel and
Phillip J, Cohen 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 a 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 Oct. 26, 1972
recorded Dec. 14. 1972 , Recorder's File No. 332530
securing a note in the amount of $ 160,000.00 George Von Tobel and
Phillip J. Cohen as Trustor, Security Title Insurance Co. as Trustee,
and Chuck G. Shima and Roy E. Takushi 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 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: June 21, 1974 BENEFICIARY
_147
R/W #291434-R Ch - G. Shima
FILE/?AG',4-223925
BOOK 1974
RECORDED REQUEST OF
LAND TITLE INSURANCE CO. Roy E. akushi
AUG1 9 8:00 AM'74
OFFICIAL RECORDS
SAN DIEGO COUNTY, CALIF.
HARLEY F. BLOOM, RECORDER
;II NO FEE
STATE OF GALERAW*WO
SS.
COUNTY OF ;A
On ,htnn 91 1974 before me, the under
signed, a Notary Public in and for said County and State,
personally appeared Chuck G. Shim3, Roy E. Takushi
FOR NOTARY SEAL OR STAMP
, known to me
to be the person whose name; subscribed to the s
within instrument and acknowledged that they executed �r �� 3 n .
• e
the same. •
4r�.1C1 V10 \
/
Signature of Notary
First Judicial Circuit,
State of Hawaii
My Commission Expires October9, 1975
DOC-?-13 A
1
13( 9
•
GRANT OF RIGHT OF WAY
GEORGE VON TOBEL, a married man as his sole and separate property., and PHILLIP J.
COHEN an unmarried man , 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 • • • •♦• 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 Saf..Rid gA
State of California,and are particularly described as follows,to wit:
The Northwest Quarter of the Northwest Quarter of Section 6, Township 14 South, Range
1 West, San Bernardino Meridian, in the County of San Diego, State of California
according to the United States Government Survey.
•
EXH/O /T A
4
XXXXXXX-X r4Said easement of right of way in the aforesaid lands is particularly described as follows:
All that portion of the Northwest Quarter of the Northwest Quarter of said Section 6
lying Northerly and Northwesterly of the following described line:
Beginning at the Southwest corner of the Northerly 25.00 feet of said Northwest
Quarter of the Northwest Quarter of Section 6; thence along the Southerly line of
said Northerly 25.00 feet, South 89°31'41" East 155. 26 feet; thence North 67°55' 19"
East 65. 32 feet to the Northerly line of said Section 6.
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 aad
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:
A strip of land 20.00 feet of even width, the Northerly and Northwesterly line of said
20.00 foot wide strip of land being the Southerly and Southeasterly line of the
easement described above.
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 easement first above described.
Grantor and thtri r 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...t li.i ...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.
3n liiiIttros Wljrrrnf. the Grantors have executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness.
R/W No. 291434-R (Revised)
DRAWN BY___JAP _
CHECKED BY
ACCT. NO. C-P03-161-06 NOTARIES—USE PROPER FORM ON BACK.
DATE June_11, 1974/dg
r
RIW Grant-Form 8101-6