Subordination Agreement 1796-245221 diii
•
® F .g/PAc Mo. '76-245221
AWhen Recorded Pail its. �0$K
CCOMMODATION FILINV 4S1 ) �FO®R-ERQQf4T uF
POWAY MUNICIPAL WATER DISTRICT ) - LAND TITLE INSURANCE CO.
• Post Office Box 348 ) AugA r �� „7
Poway, California 92064 ) j
CFFICIAt Rft CROS
_-1 S .-. ,- ( JUw1t l., L. F.
HAFL? r r.a4JJN
SUBORDINATION AGREEMENT 'ECUAOER
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed NO FEE
of Trust dated December 20, 1975 , recorded in the Office of the County
Recorder of San Diego County, December 26, 1975 File No. 75-366038 ,
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
Robert McGinnis, Jack W. Crumley, Marshall L. Foreman, Jr. , and Klaus F. Radelow
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 he
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, Robert McGinnis, Jack W.
Crumley, Marshall L. Foreman, Jr. , and Klaus F. Radelow as .Trustor,
Stewart Title Company as Trustee,
and .Clyde W_ end RettyJ . Nelson 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 SEC0RDER:
Plerge
of said easement, and that it understands that in reliance upon and in for recse mekenochett-
1� for rncerdinR the Nt-
considerati.on of this waiver, relinquishment and subordination specific c.,ed instrument. It
,n being recorded In
monetary and other obligations will be entered into by Third Parties which .:nectionwith aGov-
would not be made or entered into but for said reliance and the execution "rnmentaltlonAgencytr.-
-,c .
by Beneficiary of this waiver, relinquishment and subordination.
DATED: • BENEFICIARY:
•
Clyde Nelson
R/W # 300054-R
Exc. g __.�.. .
Proj• Ora ge Garden •
�L7CZ
BeLelson :
y
•
STATE OF CALIFORNIA,
COUNTY OF San Diego SS.
On May b, 1976 before me, the under
signed, a Notary Public in and for said County and State, •
personally appeared **Clyde W. Nelson and Betty L. Nelson.** FOR NOTARY SEAL OR STAMP
•
, known to me
to be the person s whose name s subscribed to the orrice. sent
within instrument and acknowledged that they executed i F� LORR\INE E. RUNYEN ti
the same. NOiAR•: PUBLIC - CALIFORNIA •,
n� 9v
'fir Kjr,, • P;i::c;p l Office,San Uiego Co.Cali .�
•; `='' My Commission Exp. Nov. 25. 191 ;•
, )
Signature �ri`o� i
•
00C . 250 4
TYPED KCU
COMA'. / . •
• 6 . 411L2
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, 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 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:
That portion of the Southeast Quarter of the Southwest Quarter of Section 14,
Township 14 South, Range 2 West, San Bernardino Meridian, in the County of
San Diego, State of California, according to United States Government Survey,
approved September 11, 1879, described as follows:
COMMENCING at a point which is 30.00 feet distant Northerly at right angles
from the center line of the 40.00 foot County Road to Poway, said point of
beginning bearing North 70°02'46" East 1005.15 feet from the point of
intersection of the South line of said Section 14 with the center line of
Mission Road 1-A at Station 378 + 70.9 thereon, as shown on Map thereof
on file in the Office of the County Surveyor of said San Diego County, and
being also the Southwest corner of the land described in deed from R.T. Cremer,
et ux, to Everett Danielson, et ux, dated October 4, 1940, recorded October 16,
1940 in Book 1085, page 127 of Official Records; running thence parallel with
and 30.00 feet Northerly at right angles from the center line of said Poway
Road South 83°20'00" West 133.69 feet to the TRUE POINT OF BEGINNING; thence
continuing along said parallel line South 83°20'00" West, 133.68 feet to the
East line of land as described in Parcel 2 of Deed to J. Frank Zittell and
Charlotte G. Zittell, recorded March 26, 1947, in Book 2374, page 80 of
Official Records of said San Diego County; thence along the East line of
land as described in said Parcel 2, North 00°43'00" East to the Southwest
corner of the North 162.65 feet (measured along the East and West lines) of
the land described in deed to Kenneth C. Snyder et ux, recorded June 10, 1968,
as File No. 96618; thence East along the South line of said North 162.65 feet
to a line which bears North 00°43'00" East, parallel with the West line of
said Danielson's land, from the True Point of Beginning; thence South 00°43'00"
West, to the TRUE POINT OF BEGINNING.
The center line of said easement of right of way in the aforesaid lands is
particularly described as follows:
BEGINNING at the intersection of the Southerly line of the property described
above, and the Easterly line of the Westerly 25.00 feet of said property; thence
300054-R parallel with the Westerly line of said property, North 0°43'00" East 188.70 feet.