Loading...
Subordination Agreement 1976-103018 i ` 6 FILEIPAGE N -iC�3U18 When Recorded Mail i'o• 1281 ) • BOOK 1976 RECORDED REQUEST OF POWAY MUNICIPAL WATER DISTRICT ) 71TLE INSURANCE & TRUST CO. • Post Office Box 348 ) APR 8 8:00 AM'76 Poc;ay, California 92064 ) OFFICIAL RECORDS C� ) °.,AN DIEGO COUNTY, CALIF, / '�� �� ( � ) HARRECORDELEY F. RM ONO FEE SUBORDINATION AGREEMENT FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated August 27, 1973 , recorded in the Office of the County Recorder of San Diego County, August 28, 1973 File No. 73-241891 , , and as owner and holder of the obligations thereby secured does hereby make ' subject and subordinate the liens thereof to the Easement granted by American Mid-Continent Construction, Inc. , an Illinois corporation • 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. y c•Ksis- re+, "���,b 4 e.,R-J Said easement is described in EXHIBIT "A" attached hereto/and affects the real property described in the said Deed of Trust, American Mid-Continent Construction Inc. , an Illinois corporation as Trustor, Title Insurance and Trust Company as Trustee, and Institutional Investors Trust 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: 7 > - /97 6 BENEFICIARY: - . Institutioa .l Investors Trust \l • By:, / , / 4,/ . ..e:� T2uS 7C(- P./td "JJ 980570 is insln,rrrnt to hetet welted and mads by Incl, Exc. 'i 4 of the under ,r ei not ied:rldnally. bad In his Indicated a. Proj . Stoneridge #1 By: pacify as Trustee- oltic ea:Meyer or .e,nt of msl:tution- - .i lacestnrs That irk dots not bind a-y pf the Trustees, Offsite R/W Sharehatders, officers. emrloyees er- ae'ettt of said Mat perorally. but only the es'ate of said Trust- /1.�v4 )/vyek_ STATE OF C1 6i NT , • COUNTY OF A,C- ,----. Xe-rqk SS. On �n /0 - e�ore me, the under signed, a Notary Public in and for said County��� and State, • personally appeared - c. -of i . Gree c.a FOR NOTARY SEAL OR STAMP T-`~`-"----4T'r 1-‘-A- 4- ( 4 ar_--C 04.42t- `" MARGARET GALLO MEREDITH Notary Public, State of New York , known to me No. 24-790:400 Qual. in Kings County Certificate filed in New York County to be the person whose name , subscribed to the Commission Expires March 30. 1976 within instrument and acknowledged that : c executed the same. 14?0 CHARGE ON THIS DOCUMENT OR THE BENEFIT OF ---- ---• MARGARET GALLO w Notary Public, Slat^ cf ' a d`'/. ,/Sf,3/'t No. 2 ARCA E O.nl i /OWdy /y�K/ Certificate filed in N- i • Commissron E„nirrs ; 1 71 ez.it.-/ e-(4XerLIA gre f Nota y * as amended by Document dated April 30, 1974, recorded May 15, 1974 as Document No. 74-126058 and by Document dated August 15 , 1975 , recorded September 11 , 1975 as Document 75-986254, in official records of San Diego County.`_ 1411 it • . 2,282 ex G G�t A • GRANT OF RIGHT OF WAY AMERICAN MID-CONTINENT CONSTRUCTION, INC. , an Illinois corporation , 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 i4UNICIPAL WATER DISTRICT its successors and assigns,an easement of right of way Xi(XXXXXXXXXXX XXXX.4el(t)(nX XXXin,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,MO OtlX1( }{< X*XNUiWiitrWitMeXralX414 4XlitYraJfd6Xk i4>)IXIY1- 4)6' (iXrX+ XXi(XXyXIVX SYt+XrXuY►1UckYa(,Xrxrb,XVX XKaAX,X XIXUAW& XA l4,XJ4Xr 14.XVh'14-X9 IiXi ogetherwith th right to usse said right of way for access to Grantee's rights of way situated in adjacent lands. Xl(iX X44iY XILFielXX1 rWXi XX/WXWYr0XSXKyAXdYNaNyX4X XXXnXXX XXX X.XXX.XXXXX XtiitexxaC:YuXti;XXX.XYxXXoY,ls'XtXXpx,x1W►X1ou,4,x,XXX.AX Said easement of right of way is particularly described as follows : Parcel 1 : All that portion of Lot 3 of Section 19, Township 13 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, 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: Commencing at the East Quarter corner of Section 24, Township 13 South, Range 2 West, thence South 33°00' 56" East 816.25 feet to a point on the Northwesterly boundary of that certain parcel of land described in Deed to the Poway Municipal Water District filed in the Office of the County Recorder of said San Diego County January 17, 1961 as Document No. 8720 of Official •Re:ords ; thence along said Northwesterly boundary North 40°30' 32" East (Record - North 40°43' 00" East) 52.77 feet to the TRUE POINT OF BEGINNING of the herein described center line; thence North 16°00'00" West 122.10 feet; thence North 54°05'49" West 345.47 feet to a point on the arc of a non-tangent 612.00 foot radius curve, concave Northwesterly, a radial line to said point bears South 54°05'49" East; thence Northeasterly along the arc of said curve through a central angle of 18°09'00" , a distance of 193.87 feet; thence tangent to said curve, North 17°45' 11" East 90.29 feet to a point designated for the purposes of this description as Point "A". Tha sidelines of the 20.00 foot wide strip of land shall be shortened or prolonged as necessary on the South so as to terminate on the Northwesterly boundary of the hereinbefore mentioned parcel of land described in Deed to the Poway Municipal Water District. Parcel 2: All that portion of Lot 3 of Section 19, Township 13 South, Rangel West, San Bernardino Meridian, in the County of San Diego, State of California , according to the Official Plat thereof, lying within a strip of land 32.00 feet of even width, the Northwesterly and Southeasterly lines of said 32.00 foot wide strip of land lying 10.00 feet Northwesterly and 22.00 feet Southeasterly respectively, measured at right angles, from the following described line: Beginning at the point designated in Parcel 1 above as Point "A" ; thence North 72°14'49" West 12.00 feet to the Southwesterly prolongation of the center line of Boca Raton Lane, as shown on the Map of VALLE VERDE COUNTRY CLUB ESTATES, according to the Map thereof No. 4683, filed in the Office of the County Recorder of said San Diego County December 21 . 1960: thence along said prolongation, North 17°45' 11 " East (Record North 17°57'59" East) 85.45 feet to the Northerly line of said Lot 3. The sidelines of the 32.00 foot wide strip of land described in Parcel 2 above shall be prolonged or shortened as necessary so as to terminate on the North in said Northerly line of Lot 3. � � ii • 411 • 1283 Grantor and Grantee herein, their heirs, successors, and assigns, hereby mutually agree as follows: 1 . Water pipelines constructed within the above described easement shall be placed entirely underground. 2. Should the necessity of water pipelines within said easement cease to exist, • Grantee herein will quitclaim the interest it acquired by this document to owners of record. 3. Water pipelines constructed within the above described easement may be relocated at any time at the sole expense of the Grantor herein, provided however, that such relocation must be built in strict accordance with all of the Grantee' s Engineering and Construction Standards , and shall be subject to inspection and approval by said Grantee. . 4. Not withstanding any other terms of this document, Grantee herein shall not construct fences on or across the above described easement without the specific consent of the Grantor herein , which said consent Grantor herein agrees shall not bF unreasonably withheld. 5. Grantor herein shall have the right to trespass over and across said above described easement in any manner not in conflict with the rights herein granted to Grantee. 6. Upon making any repairs to said pipeline, Grantee herein agrees to restore the surface to the grade that existed immediately prior to said repairs. Grantor and i tS successors in estate sh 11 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- venirn,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 1 is 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. 3111 ?Tlitttess lllhrrrnf, the Grantor has executed these presents this day of , 19 Executed in the Presence of: . Witness. • • (/:?: • t_ cnv.P:57/7W12, Witness. R/W No.-980570 (REV15EP) r DRAWN BY—.JAP_------- -- - CHECKED BY _ ACCT. NO. C-P03-1 55-00 - NOTARIES—USE PROPER FORM ON BACK. DATE_April 22, 1975/. c ( J ( R/W-Grant-Form 8101-6 t ,,�{Y[Z i� ll I . .- • 1284 • • 1 c WITNESS FORM STATE OF CALIFORNIA, ss County of San Diego. J On this day of A.D., l9 ,before me, a Notary Public in and for the said County and State,residing therein,duly commissioned and sworn,personally appeared known to me to be the person whose name subscribed to the within instrument,as a Witness thereto;who being by me duly sworn,depose and say That he reside in and that he present and saw personally known to h to be the same person whose name subscribed to the within and annexed Instrument,execute and deliver the same,and he acknowl- edged to said affiant that he executed the same;and that said affiant subscribed h name thereto as a Witness. Jit IOttttre�: Illltrrrut. I have hereunto set my hand and affixed my official seal the day • and year in this certificate first above written. Notary Public in and for said County and State. • 1 • • GENERAL FORM STATE OF County of ss On this day of A.D., 19 ,before me, a Notary Public in and for the said County and State,residing therein,duly commissioned and sworn,personally appeared personally known to me to be the person whose name subscribed to the within Instrument, and duly acknowledged to me that he executed the same. 3Iu L[lttttrhs Ihhrrrut. I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said Countyand State. CORPORATION FORM STATE OF,. H1' ��"'�'r} County of.. ?.•'�.r=...11t�.Li } ss On this L/ ` day of...:J0 A.D., 19/ ,before R• r" i / fC,2 a Notary Public in and for the said County and State,residing therein,duly commissioned and sworn,personally appeared /2/2U.4/.1. ......Of �e /t'( known to me to be the President and— known to me to be the Secretary of the the Corporation that executed the within Instrument, known to me to he the persons who executed the within Instrument,on behalf of the Corporation therein named,and acknowl- edged to me chat such Corporation executed the same. +M Illttnrt.•tt IIIhrrruf. I have hereunto set my hand and affixed my official seal the day and year in this cerrifica.e first above written. IIrt1117 1,17•�1ry1Qflr TR,•• •• r 7 `' ' "'ICUAI•I P. MILLER ••,/-l( /� ,(.1�kez-c,, IA NOTARY P J t C—.CALIFORNIA Notary Public in and for said County and State. © _ PRINCIPAL OFFICE IN ( �f LOS ANGELES COUNTY N1;c 4/�-�f p. /"L t /c,e y l Mr Co..m;>'.;on$.piss Mar:S 9,197 i♦1.1Y.14t1J,r.1u.1111eWa11',1... .iII.1141.11W111,1111111111111,11u II,11 MW1 IYaliMe W • - .- • . . ,9 . 410 1285 r LOT 2 , ' STO/./ErT/DGE COUNTn Y CL 05 Cn,4 TEA II Q / c) i- [ ‘,,X- N/ V. V Ill �' 11; LOT / N/ v i. i. ril STONER/GE UNIT 1. f.. .(\ bP 0 0 VALLE li VENDc �b� Ci l k f — -- �o N/745// 5 85.45 ' �'' ��' - -PAR. 2 '1 E.4 COR. \\\ N 72 l4 4 9"r•✓ �,y PO/NT '‘,4" k SEC. 24 �;• /2.00 , om N/745iI�E las �, 90. 09 ' i. •. 1:45'; _ F �\ d- /B 0900�� t Q �� �/ - R=6/2 ' 3 4 �` L /93.87 ' 19 5 s . 20 �``�� Rasp D T r! v'l- } N .�94. L GT1� �� WA TER L 1i✓.= \, . QS 5 3 5 E �• I EASEMENT , \��• 4 \\ -f es\r NJ 00 OO"1. / j1 Nim 1�` /22.10" ` s`\ '1. Nr __-Nx--- - FOWA Y M.W.O. RE5EKV /R .517-E r. N REC. JAN. /7, /50/,DOC. 6720 f H N e jo27) h 4 1 1 NI(IS EX/ST/N6 40,PM. W ..U. I! klj '`) WATER L/4JE EEM7:• Si h /" = 200 . t C....) E W t C H i:{ C PTax Par. n 277-070. 29 t _.-. PLAT of easements required by the i Poway Municipal Water District C.A.U. C-PO3-/55.00 t • '.Prepared by: R/W " . .505-70 ..Boyle Engineering Corporation Date: 4/22/7S