Subordination Agreement 1975-101516 )
75-101516
) MLE/PAGE NO.
) BOOK 4975
RECORDED REQUEST OF
When Recorded Mail To: ) Transamerica Title Insurance Ca.
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POWAY MUNICIPAL WATER DISTRICT ) APR 3 01975 8 AM
Post Office Box 348 )
Poway, California 92064 ) OFFICIAL RECORDS
) SAN DIEGO COUNTY, CAIJF.
OM
) HARLEY F.RECORDER
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SUBORDINATION AGREEMENT $5.00
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated May 3, 1962 , recorded in the Office of the County
Recorder of San Diego County, June 6, 1962 File No. 95525
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
Pomerado Christian Church
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,
Samuel Merkowitz as Trustor,
title Insurance and Trust Co. as Trustee,
and Edward A. Heslep 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: March 7, 1975 BENEFICIARY:
L / �.
Edward A. Heslep
R/W q' 402932-T
Exc. 3
Proj . Stone Canyon BY:
E tension TITLE
BY:
TITLE
STATE OF CALIFORNIA On this 7th day of March in the year one thousand nine
COUNTY OF SACRAMENTO }ss• hundred and 74 before me, Sophia Walker
a Notary Public, State of California, duly commissioned and sworn, personally
appeared Edward A. Heslep
• •• known to me to be the person whose name...ia subscribed to the within
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• -- • SOPH IA WALKER • instrument and acknowledged
i . v=, r to me that he executed the same.
r . 1, a NOTARY PUBLIC •
'� • IN WITNESS WHEREOF I have hereunto set my hand and affixed my (
SACRAMENTO COUNTY, CALIFORNIA
r official seal in the County of Sacramento
My Commission Expires April 29, 1977 the day and year
• in this certificate first above written.
Nitary Public,State of California
My commission expires 4/29/77
Cowdery's Form No, 32-Acknowledgement General(C.C.Sec. 1190a) Printed 12/72
DOC. 2, 2 A
Signature of Notary
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GRANT OF RIGHT OF WAY
PQMERADO CHRISTIAN CHURCH, a corporation
, as Grantor, for and in consideration of the sum of One Dollar and
ocher valuable consideration paid by..........4WA ..WartR...AIr ,..4..p03.iC..Ci?xROzr3,GxQD.
as Grantee,receipt whereof is hereby acknowledged,do hereby grant to said.............._...........
POWAY MUNICIPAL .WATER DISgz
its successors and assigns,an easement of right of way 20.0Q 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 co facilities for power transmission.
and communication purposes,ac 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 an DieZo „y
State of California,and are particularly described as follows,to wit: •
THAT PORTION OF LOT 1 OF FRACTIONAL SECTION 35, TOWNSHIP 13 , ,
SOUTH, RANGE 2 WEST, . SAN BERNARDINO BASE AND MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 1,
DISTANT THEREON NORTH 13018' EAST, 61.38 FEET FROM THE SOUTHWESTERLY
CORNER OF SAID LOT 1, SAID POINT BEING IN A LINE PARALLEL WITH
AND DISTANT 60.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE. SOUTH
LINE OF SAID LOT 1; THENCE CONTINUING ALONG THE WESTERLY LINE
OF SAID LOT 1, NORTH 13°18' EAST, 573.11 FEET TO THE SOUTHWESTERLY
CORNER OF THE NORTH 16.37 ACRES OF SAID LOT 1, BEING THE NORTHWESTERLY
CORNER OF LAND DESCRIBED IN DEED TO SAMUEL MERKOWITZ, RECORDED
JUNE 6, 1962, AS FILE NO. 95524 OF OFFICIAL RECORDS, AND ALSO
BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY
OF SAID MERKOWITZ LAND, RETRACING SOUTH 13°18' WEST, 102.41
FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 89°09 ' 48"
EAST, 138.00 FEET AND SOUTH 26°15' 13" EAST, 173.44 FEET; THENCE
SOUTH 83°51' 31" EAST, 135.16 FEET; THENCE SOUTH 26°15' 13" EAST,
181.50 FEET; THENCE SOUTH 88°51'31" EAST, 72.39 FEET; THENCE
SOUTH 0,13'32" WEST, 145.87 FEET TO THE SOUTHERLY BOUNDARY
OF SAID MERKOWITZ LAND; THENCE SOUTH 88°51'31" EAST ALONG SAID
BOUNDARY 52.01 FEET; _THENCE NORTH 0°13'32" EAST, 130.02 FEET;
THENCE SOUTH 88°51'31" EAST, 160.00 FEET TO THE EASTERLY LINE
OF SAID MERKOWITZ LAND; THENCE ALONG THE BOUNDARY OF SAID LAND
NORTH 0°13 '32" EAST, 434.10 FEET AND NORTH 89'09'48' WEST- 692.63
FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
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E)NJF3iT A
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l;ardra.s1.fralW,'%FSaid easement of right of way in the aforesaid lands is particularly described as follows.
All that portion of the property described above lying within 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 in the Northerly line of the Southerly 60.00 feet of said
Lot 1, distant thereon North 88°51 '31" West 599.54 feet from the Northeast corner
of said Southerly 60.00 feet; thence North 0°51 '14" East 146.86 feet ; thence
North 49°28 '44" East 63.62 feet .
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Grantor and....l.!~S 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,rhe 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...i t s 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 ?itttness 1U4rrrttf, the Grantor ....has executed these presents this day of , 19
Executed in the Presence of:
Witness_ .,
Witness.
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RJW No. 402932-T
DRAWN BY •
CHECKED BY
ACCT. NO. C-P03-163-00 NOTARIES-USE PROPER FORM ON BACK.
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DATE__JaLtuary 6. 19751d?
R/W•Grant•Form BI01—6