Subordination Agreement 1796-240299 1
76-240299
110.- )
• FILEIFAGE NO._______-
626 ) BOOK 1976
• when Recorded Mail To: ) REcoITLcDINSURANCEREQUEST FCo.
LAND T
POWAY MUNICIPAL WATER DISTRICT )
Post Office Box 348 ) OFFICIAL RECORDS
Poway, California 92064 ) SAN HARDY OUBLOOM LIF.
) RECORDER
302290-� ) Cno` _E.Q.
SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated February 5, 1976 , recorded in the Office of the County
Recorder of San Diego County, February 182 1976 File No. 76-046071
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
CLYDE W. and BETTY L. NELSON
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 shal r ,
paramount and superior to the rights of any purchaser under a foreclosur; RECORDER:
Please make no charge
of said Deed of Trust. for rocordIng the att-
ached Instrument. It
Is being recorded in
Said easement is described in EXHIBIT "A" attached hereto and affects the connectionwltnacov-
real property described in the said Deed of Trust,
ernmental Agency tra-
• coon.
CLYDE W. and BETTY L. NELSON as Trust. ,
HOME FEDERAL SAVINGS AND LOAN ASSOCIATION as Trustee,
and HOME FEDERAL SAVINGS AND LOAN ASSOCIATION 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: June 18, 1976 BENEFICIARY:
Home Federal Savings and Loan Association
R/w # 302290-R
Exc. # 4
Proj . Hollydale Apts. BY: c2 r &ilia� �..04d -_0 .
KennethnnA. Carroll, Asst. Secretes 'LE
BY: F->>'CJ+6't
' .C. Stalker, Asst. Vice Preside f TLE
STATE OF CALIFORNIA, SS.
COUNTY OF San Diego
On June 18, 1976 before me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared H. C. Stalker , FOR NOTARY SEAL OR STAMP
known to me to be theAsst. VicPresident, and
Kennet A. Carroll , known to me to be
Asst. Secretary of the corporation that executed
the within Instrument, known to me to be the persons siews,Weesmovre.w.s.wwww.
who executed the within Instrument on behalf of the OFFICIAL SERE
corporation therein named, and acknowledged to be that r t K. MICHELE Mr.CLAGGAN
such corporation executed the within instrument pursuant -7*-:.` �;;;=, OI
NOTrr'! MCC CALIFORNIA
to its by-laws or resolution of its board of directors . + Primcimi sS n5r,�iegoCa.c97
My Commission Exp. i•iov. 11. 1877
■
• 41114111k
Signature o
Lac . 2i-f 4.
•
• •
is 62'7
if
EXh5/ T "
HA
GRANT°HUG!IT OF' 'AY
. _CLYDE..W..AELSON..and..RETTY L. .NELSON.,..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..pub1 i c..corpor.at.i on
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...XXXXXXXXXXXXXXXxxWM(t Xii,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:
Those portions of the Southeast Quarter of the Southwest Quarter of Section*
14 and of the Northeast Quarter of the Northwest Quarter of Section 23, all
in Township 14 South, Range 2 West, San Bernardino Meridian, in the County of
San Diego, State of California, according to United States Government Survey
thereof, described as follows:
•
COi•MENCING at a point which is 30.00 feet distant Southerly measured at
right angles from the center line of the 40.00 foot wide County Road to
Poway, said Point of Commencement bearing North 59°54'20" East, 454.09
feet from the Point of Intersection of the Southerly line of said Section 14,
with the center line of Mission Road 1-A, at Station 378+70.9 thereof, as shown
on Sheet 15 of the Map of said Mission Road 1-A, San Diego County Highway
Commission on file in the Office of the County Surveyor of said County
and said point of intersection bearing North 88°57'00" West 3955.5
feet from the Southeast corner of said Section 14; thence North 83°20'00"
East along a line parallel with and 30.00 feet distant at right angles
Southerly from the center line of said County Road to Poway 239. 38 feet to the
Northwesterly corner of the land described in Deed to Acil Bowley, et ttx,
recorded June 20, 1955 in Book 5686, page 25 of. Olficial Records, •as
Document No. 79569; thence along the Westerly line of said land, South
00°43'00" West 415.03 feet to the Southwesterly corner thereof being a point
on the Southerly line of the land described in Deed to Andrew Stabenot, -Kirkham,
recorded April- 16, 1954 in Book 5207, page 201 of Official Records, as Document
No. 49856; thence along said Southerly line, South 70"08'45" West 253.57 feet to
the Southwesterly corner of said Kirkham land; thence North 00°43'00" East
along the Westerly line of said land, 473. 36 feet to the Point of Commencement.
EXCEPTING that portion within Oak Knoll Terrace, according to the
Map thereof No. 8074, filed in the Office of the County Recorder of
said San Diego County, February 21, 1975.
•XXXX) XXXIXXXXSid easement of right of way in the aforesaid lands is particularly described as follows:
•
• 628 i
those portions of the above described property described in Parcels 1 and 2
follows :
Parcel 1 :
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 Northerly line of said above described property, distant
thereon South 83°20'00" West 18.00 feet from the Northeast corner thereof; thence
parallel with the Easterly line of said property, South 0°43'00" West 266.83 feet to
a point hereinafter referred to as Point "A"; thence continuing South 0°43'00" West
5.00 feet.
Parcel 2:
A strip of land 10.00 feet of even width, the center line of said 10.00 foot wide
strip of land being described as follows:
Beginning at the point designated in Parcel 1 above as Point "A"; thence North
89017'00" West 13.00 feet.
Grantor and....thei.r.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 he 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.thelr 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 Iliiturott 1U4rrrnf, the Grantor5..have executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness.
TAX PARCEL. NO. 317-550-04
DRAWN BY
CHECKED BY/ — -.
ACCT.NO.__Cr_PO3.206-00 NOTARIES—USE PROPER FORM ON BACK.
DATIipr-i1 273_19/6/s ____ _
KW—Giant Form 8101- 6
• 629.
,........siermINLIMI.
ROA 0
w K� OLL __
OAK o, N 55 a 20630,,E - /8.o0
� ` cu
0
NE COR. NEL 50N, ET UX
1 REC. FEB. /8, 1976,
DOC.*7 -C4ro07O
.m
R) '�'
N
/O '
/
;.7/../ _ /0
/ m
. 0 , i
oO
°1- 1 a
o0
SEC. 14, 7 14 S., R. 2 W. i '
SEC. 23, T. /4 5., R. 2 W / —
Pill: •
N89/7'00"144---- I
/3.00 PO/NT "A"
.O t
/J
tri3 2
�/
C////A ... INDICA TES WATER 4
LINE EASEMENT n1t I
OXY
-N-
M
11
/ = 50
•
0 'q, 5
5 ilk8
Project: NOL ! Y13A4. EAPTS. Tax Par. # 3/7-550-04- __ 1
PLAT
of easements required by the
Poway Municipal Water District
C.A.N. C-PO3. 20c,•00
Prepared by: R/W # 302290-R
tRoyle Engineering Corporation Date:_ /27/7 ' _._. .