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Subordination Agreement 1977-066331 ` • • 1731 • FILE/PAGE . 331 BOOK 1977 When Recorded Nail To: ) RECORDED REQUEST OF ) LAND TITLE INSURANCE CO. POUAY riUNLCIPAL WATER DISTRICT \ ) FEB 2d Post Office Box 348 ) o:uu tuvi ---moo 'ay, California 92064 :ffiret. OFFICIAL RECORDS nuke nn charge SAN DIEGO COUNTY. CALIF. "^ "`t ) HARLEM_ F. BLOOM NO FEE . • ,ane In RECORDER • •, 306062-R SUBORDINATION AGREE►`iENT • ,,, ncy tra- FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated March 16, 1965 , recorded in the Office of the County Recorder of San Diego County, April 13, 1965 File No. 64973 and as owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the Easement granted by Anthony J. and Marian Aviano 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, Anthony J. and Marian Aviano as •Trustor, Land Title Insurance Company as Trustee, and Jane E. Tessitor 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: /2 - Z 2 - 7L BENEFICIARY: 5u_ Jan e E. Tessitor R/W # 306062-R Exc. 3- Fro] . Ballatore F.H. • —1 xnsion STATE OF CALIFORNIA, SS. COUNT Op LOS ANGELES On December 22 , 197h be ore me, the under signed, a Notary Public in and for said County and State, personally appeared Jane E . Tessitor FOR NOTARY SEAL OR STAMP • , known to me to he the person whose name is subscribed to the vithin instrument and acknowledged that she executed OFFICIAL SEAL the same. r ' NANCY J. BROEKER • NOTARY PUBLIC C.1L:FOlI IA PRINCIPAL OFFICE IN '• LOS ANGELES COUNTY My Commission Expires September 26, 1977 (--22e2 y2 C 9 • cce Signature of Notary Nancy J. Broeker, Notary Public DbC • 211A TY ' n; • 132 • CO 11� EXHIBIT A An easement of right of way 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: Parcel 1: That portion of the Northwest Quarter of the Southwest Quarter of Section 23, Township 14 South, Range 2 West, San Bernardino Base and 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 on the Easterly line of right of way known as Mission Road 1-A as shown on San Diego County Highway commission Map thereof, on file in the Office of the County Surveyor, Sheet 14, which said point of Commence- ment bears South 86°41'42" East, a distance of 20.00 feet from Engineer's Station 348 plus 48.62 on the Center Line of said Mission Road 1-A, thence South 82°34'47" East, 758.94 feet; thence South 00°52'16" East, 150.00 feet; thence North 82°34'47" West, 758.37 feet to a point on the Easterly line of right of way of Mission Road 1-A, from which Engineer's Station 346 plus 95.30 on the center line of said Mission Road 1-A bears South 84°31'14" West, a distance of 20.00 feet; thence Northerly following said Easterly line of right of way of Mission Road 1-A along a curve to the right from a tangent whose bearing is North 05°28'46" West, with a radius of 980.00 feet through an angle of 08°47'04" for a distance of 150.25 feet to the point of Commence- ment. Parcel 2: That portion of the North Half of the Southwest Quarter of Section 23, township 14 South, Range 2 West, San Bernardino Base and 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 Engineer's Station 339 + 87.04 P.O.T on the center line of County Highway Commission Mission Road 1-A according to plat thereof on file in the office of the County Surveyor of San Diego County; thence at right angles to said center line South 80°15'00" Fast, 20.00 feet to the Easterly line of said Mission Road 1-A; thence along said Easterly line North 09°45'00" East, 97.61 feet; thence South 82°34 '47" East 715.45 feet to the Northeasterly corner of land described in deed to A.Z. Dean, recorded December 5, 1925 in Book 1149, page 228 of Deeds and the TRUE POINT OF BEGINNING; thence along the Easterly line of said Dean's land South 15°25'05" East, 162.89 feet; thence South 82°34'47" East, 58.00 feet, more or less, to the Westerly line 306062-R 1933 of land described in deed to Ralph T. Cremer, et ux, recorded May 10, 1944, in Book 1673, page 474 of Official Records; thence along the Westerly boundary of said Cremer's land as follows: North 15°25'05" West, 180.00 feet, more or less, to an angle point therein; North 00°52'16" West, 743.62 feet to the beginning of a tangent 78.27 foot radius curve, concave Southeasterly; Northerly and Northeasterly along the arc of said curve through a central angle of 88°07'16" a distance of 120.38 feet; tangent to said curve North 87°15'00" East, 227.85 feet to the beginning of a tangent 127.84 foot radius curve, concave Northwesterly; and Northeasterly and Northerly along the arc of said Curve a distance of 205.00 feet,more or less, to the Northerly line of the Southwest Quarter of said Section 23; thence along said Northerly line North 89°37'10" West, 200.00 feet, more or less, to the Northerly line of land described in Parcel 2 in deed to Nora Marshall, recorded July 6, 1955 in Book 5705, page 215 of Official Records; thence along the boundary of said Parcel 2 of Marshall's land as follows: South 76°56'51" East to a point on the arc of a 102.84 foot radius curve, concave Northwesterly, which is con- centric with the Northwesterly boundary of said Cremer's land; thence parallel with and 25.00 feet Northwesterly and Northerly of the Boundary of said Cremer's land, being along the boundary of said Parcel 2 of Marshall's land as follows: Southwesterly along the arc of said curve a distance of 119.08 feet to the point of tangency tangent to said curve South 87°15'00" West, 227.85 feet to the beginning of a tangent 103.27 foot radius curve, concave Southeasterly; and Southwesterly and Southerly along the arc of said curve through a central angle of 88°07'16" a distance of 158.83 feet; thence South 89°07'44" West 25.00 feet to the Northeasterly corner of land described in deed to Anthony J. Aviano, et ux, recorded April 13, 1965 as file no. 64972; thence along the Easterly line of said Aviano's land, South 00°52'16" East, 150.00 feet to the Northeasterly corner of land described in deed to Wesley D. Walker, et ux, recorded March 28, 1955 in book 5582, page 265 of Official Records; thence along the Easterly line of said Walker's land and the Southerly prolongation thereof South 00°52'16" East, 300.00 feet to the Northeasterly corner of land described in deed to A.Z. Dean, recorded December 5, 1925 in Book 1149, page 227 of Deeds; thence along the Easterly line of said Dean's land South 00°52'16" East, 300.00 feet to the TRUE POINT OF BEGINNING. Said easement of right of way in the aforesaid lands is particularly described as follows: Parcel A The Northerly 20.00 feet of the property described in Parcel 1 above. Parcel B All that portion of the property described in Parcel 2 above lying Northerly of a line which hears North 89°07 '44" East from the Southeast corner of the 20.00 foot wide strip of land described in Parcel A above. EXCEPTING THEREFROM, that portion thereof lying Northerly of a line drawn parallel with and distant 20.00 feet Northerly, measured at right angles from that certain course in the boundary of said land described in Parcel 2 above which is designated as South 76°56'51" East. 306062-R • — k 1`734 W 1 d fFT-----'. �O F N N W1 �(���'' —�-_ �—� Q toi`v t I� Q N V 11j o � ti p • 4 (: c\1 Ni. LI _ (1) , . ,tq ,k) A„ .„, ,n- . .. Q O^\4vs,lz �-O oa ahs i m t -�► F-V.89. a P. N 46 ,OS/ — .�%/Z.C.0 S t Nh M o � .� � S . stol . ,Q in .1 .f . i(? I 4 i ,------/ �3 . 1 W ,<!.. 101 ,N0S IN --------____„_4 Fkp_s_t_____- ---r—— 'Al ) Cal - an 9 m m t Nt I 's I • '..1 6 C Project•• 6AL L ATORE FH. EXTE�V5/ON Tax Par. ',! 3/7- 252-O5, O 9 PLAT 5,M. 4- i of easements required by the Poway Municipal Wa`er District f C.A.W. C-Po3-20.9-00 i. Prepared by: R/1-1 # OC,0'a R 1 Boyle Engineering Corporation Date: ivo ,, ��i� f