Subordination Agreement 1975-066823 •. •- • .) DER: 1' 5--flab 23
•
RECOR ���.,rrpe /PAG1S N7..
'7O Pleas* ' att.
FILE
�Cr s ) =nr KCord^° • tt BOOK 1975
ached �nsvume't' RECORDED REQUEST OF
''When Recorded Mail To: ) 1`onnacWangioewc th,Gov.
LAND TITLE INSURANCE CO.
ernmer.tal Abe^`Y tra-
POWAY MUNICIPAL WATER DISTRICT ) rsa�=,� MAR 2 5 8:00 AM'75
Post Office Box 348 )
Poway, California 92064 )
(.FFICIAL RECORDS
SAN DIEGO CoUNTY. CALIF.
`44 --Acl • HARLEY F. BLOOM, RECORDER
SUBORDINATION AGREEMENT NO FEE
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated October 7, 1974 , recorded in the Office of the County
Recorder of San Diego County, November 12, 1974 File No. 74-297983
and as owner and holder of the obligations thereby secured does hereby lake
subject and subordinate the liens thereof to the Easement granted by
Wallace B. and Marthane J. Gardner
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 superior to the rights of any purchaser under a foreclosure
of said Deed of Trust.
Said easement is described in EXHIBIT "A" attached hereto and affects the
real property described in the said Deed of Trust,
Wallace B. and Marthane J. Gardner as Trustor,
San Diego trust and Savings Bank as Trustee,
and San Diego trust and Savings Bank 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: January 17. 1975 BENEFICIARY:
San Diego Trust and Savings Bank
R/w # 295748-R
Exc. # 7
Proj . Stone Canyon BY: e
Extension Daniel Herde, Vice P sident & Mar
Mary J. Green, Assistant SecretarTyl TLE
STATE OF CALIFORNIA, SS.
COUNTY OF San Diego •
On January 17.19PYfore me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared Daniel Herde FOR NOTARY SEAL OR STAMP
known to me to he the Vice President, and
Mary J. Green , 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
corporation therein named, and acknowledged to be that
such corporation executed the within instrument pursuan
to its by-laws or resolution of its board of directors. : OFFICIAL SEAL
• - ELIZABETH A. THOMPSON
i s • tzoTA y PJELiC - CALIFORNIA
Principal Cifice,San Dido Ca.Calif.,i
• My Commission Exp. Mar. 10, 19781
9h'tfSaW`,r
rAm"�r�°r
t(te-e
Si^nature of Notary
Elizab A. Thompson
Doc zl9t
• • 1271 •
GRANT OF RIGHT OF WAY
WALLACE B. GARDNER and MARTHANE J. GARDNER, husband and wife
, as Grantor, for and in consideration of the sum of One Dollar and
ocher valuable consideration paid by....PATrk3,X.NUNIC.IPAL..WA.TE.R.
as Grantee.receipt whereof is hereby acknowledged,do hereby grant to said
P OWAY M.I.C.UAJ,...WAT.B.R.A.I.ST.,I.CT
its successor and assigns,an easement of right of way 20.00 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 co 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:
All that portion of Lot 1 of F=actional Section 35, Township 13 South,
Range 2 West, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to the United States Government
Survey thereof described as follows:
BEGINNING at a point in the East line of said Lot 1, distant thereon
North 0°13'32" East, 60.01 feet from the Southeast corner of said Lot 1
being also a point in a line drawn parallel with and distant 60.00 feet
Northerly at right angles from the South line of said Lot 1; thence along
said parallel line, North 88°51 '31" West, 401.03 feet ; thence North 0°13132"•
East, parallel with the East line of said Lot 1, a distance of 564.12 feet
to an intersection with the South line of the North 16.37 acres of said
Lot 1 ; thence along said South line, South 89°09'48" East, 401.00 feet to
the Southeast corner of said North 16.37 acres, being also a point in the
East line of said Lot 1; thence along said East line South 0°13'32" West
566.26 feet to the Point of Beginning.
EXN T �A
rkiristSaid easement of right of way in the aforesaid lands is particularly described as follows
.)..7,.1 '71,1 rtT(t.
A stri2 of land 20.00 feet of even width, the center line of said 20.00 foot
wide strip of land being described as follows:
• •• • • •
12
XXXItliaawaGOUfSaid easement of right of way in the aforesaid lands is particularly described as follows.
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:
Beginning at a point on the Southerly line of the property described above,
distant thereon North 88°51 '31" West 164.95 feet from the Southeast corner of
said property; thence North 7°04'44" East 267 .77 feet.
•
•
•
Grantor and..th.ejX....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 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...Ogix...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.
1n Rittnrsn ItIhrrenf. the Grantors haVe executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness. •
R/W No. 295748-R
DRAWN BY JAP
CHECKED BY twr
ACCT.NO. C-P03-163-00 NOTARIES—USE PROPER FORM ON BACK.
DATir�Ianuary 3, 1975/dg
i f .
R/W-Grant-Form B101-6
j.-
. .. • N- t-• .
. 1273 •
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SEC. 3& it
5EC. 35 I 566.2.Co. (74
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1PLAT
of easements requi red by the
Poway Municipal Water District
C.A.N. C-1"03-/ '-00 r
Prepared by: STONE CANYON HO EXTEN510/J R/4! _ 29 5 _
:Boyle Engineering Corporation Date:__ 1- 3-7.r1