Subordination Agreement 1976-079013 )
FILEIPAG0NO079013
• 1523 ) • BOOK 1976
RECORDED REQUEST OF
a ) LAND TITLE INSURANCE CO.
When Recorded Mail To: ) MAR 1 8 8:00 AM'76
)
POWAY MUNICIPAL WATER DISTRICT ) OFFICIAL RECORDS
Post Office Box 348 ) SAN DIEGO COUNTY. CALIF.
Poway, California 92064 ) HARLEY F. BLOOM FEE
RECORDER
)
iy3(" A
RECORDER: J
SUBORDINATION AGREEMENT Please make nocherge
for record,ne the att-
ached ,nn:torrent. It
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed Is wing recorded In
ion h
of Trust recorded in the Office of the County Recorder of San Diego `°nOeCaiAgenafov
-
cy tra-
County, Jan. 19, 1973 File No. 73-016731 and as owner and holder oInsactionenental Agen.
the obligations thereby secured does hereby make subject and subordi-
nate the liens thereof to the Easement granted by Kenneth A. and ern
Patricia E. Faucher 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 Nov. 27. 1972
recorded Jan, 19. 1973 , Recorder's File No. 73-016731 ,
securing a note in the amount of $ 27,000.00 . Kenneth A. and Patricia
E. Faucher as Trustor, Fidelity and Guaranty Co. as Trustee,
and First Federal Savings and Loan Assn. of SDas 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: !?arch 11, 1976 BENEFICIARY
First Federal Saa1.ngs ansI' L,omn Association
?
R/W #291430-R of San Diego `:_ "' � .
. c t m'
BY:J
Vicet21t . TITLE
BY:
asst. Secret-ti
TITLE
STATE OF CALIFORNIA, SS.
COUNTY OF San Diecn
On March 11 , 1976 before me, the under
signed, a Notary Public in and for said County and
State, Personally appeared Charles A. Patapow
known to me to be the Vice _President, and FOR NOTARY SEAL OR STAMP
David W. Parrent , known to me to be
Asst. Secretary of the corporation that executed
the within Instrument, known to me to he the persons
who executed the within Instrument on behalf of the y. MOM.I(A
corporation therein named, and acknowledged to me that .. ? - CECILIAF.LYNN II
noTARY PUBLIC-GUFORMI
such corporation executed the within instrument pursuant PRINCIPAL WIC/m
to its by-laws or resolution of its board of directors . sANboresJanGO COUNTY
y- 'Ery Comm bores Jan 11, 1979
24(
sG
Signat e of Notary
•
• • •
r 1524
GRANT OF RIGHT OF WAY
KENNETH A, FAUCHER and PATRICIA E, FAUCHER, 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.XIPMCPPPPPCPPWCXXXCP=114 n,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:
The Westerly 264.00 feet of the Southerly 244.50 feet of the South Half of Lot 4,
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,
approved September 21, 1875.
EXH/,B / T A
_ •
-• 1525 •
•
- mGKXiaX dxxxx$ud t ascment of right of way in the aforesaid lands is particularly described as follows:
Beginning at the Southeast corner of the Westerly 264.00 feet of said Lot 4;
thence along the Southerly line of said Lot 4, North 89°31 '41" West 121.55 feet;
thence North 67°58'19" East 78.39 feet to the Northerly line of the Southerly 30.00
feet of said Lot 4; thence along said Northerly line, South 89°31'41" East 49 .13
feet to the Easterly line of said Westerly 264.00 feet of Lot 4; thence Southerly
along said Easterly line a distance of 30.00 feet to the POINT OF BEGINNING.
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 Granteeherein, 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 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:
A strip of land 20.00 feet of even width, said 20.00 foot wide strip of land lying
Northerly and Northwesterly of, and immediately adjoining the Northerly and North-
westerly lines 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 pipe-
line, 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 permanent easement first above described.
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 their 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.
.fin Rihtratt W lirrrnf. the Grantor S have executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness.
R/W No._291430-R _{REVISED)
DRAWN BY _AMR __--
CHECKED BY —_
ACCT.NO. G71103-161-06 NOTARIES-USE PROPER FORM ON BACK.
DATEJune 10, 1974/dp
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R/W-Grant Form 8101-6