Subordination Agreement 1977-136327 77-136347
) • FILE/PAGE NO.._.._...__..__..__
BOOK 1977
••
1728 • RECORDED REQUEST OF
When Recorded Mail To: ) FIRST AMERICAN TITLE CO.
) APR 14 8:00 AM'77
67-7 POWAY MUNICIPAL WATER DISTRICT ) OFFICIAL RECORDS
Post Office Box 348 ) SAN DIEGO COUNTY, CALIF.
Poway, California 92064
HARLEY F. BLOOM
RECORDER
"/ 3,3 ) NO FEE
SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated July 3n_ 1476 , recorded in the Office of the County
Recorder of San Diego County, August 3t 1976 File No. 76-247702
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
L.C. Smull , s - s- -"s: s.e' .y.:. �x�: •,� ,;:; _ . �
iWC,XXt>USLYx.>3110430C
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,
L.C. Smull as Trustor,
DSL Service Company as Trustee,
and DSL Service Comer as Beneficiary.
Beneficiary declares G ':nowledges that it hereby intentionally waives,
relinquishes and subc 's the priorities and s ' ' 4es of the lien
and charge of said Deed of Trust upon the land describes. —in 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: March 3, 1977 BENEFICIARY:
DSI Service rnmpany
R/W # 306972-R
Exc. # 9 , �}
Proj . Poway Shopping BY:
Plaza B. J. Bre $1 istant Vic- PresidenTITLF.
BY: .SII[ A.,/ _i'II IA
TITLE
Roy J. Lesowitz, Assist. •t •ecretary
STATE OF CALIFORNIA, SS.
COUNTY OF Orange
On March 3, 1977 before me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared $ J, Brehm , FOR NOTARY SEAL OR STAMP
known to me to be the Assist. President, and
Roy J. Lesowitz Vice , known to me to be
Assistant Secretary of the corporation that executed
the within Instrument, known to me to be the persons
who executed the within Instrument on behalf of the
corporation therein named, and acknowledged to be that
such corporation executed the within instrument pursuant
to its by-laws or resolution of its board of directors.
••••••••••••••••••••••••••••••
)/ OFFICIAL SEAL
gnature of Notary • KATHRYN L. BROWN •
•
Kathryn L. Brown • NOTARY PUBLIC-CALIFORNIA•
• PRINCIPAL OFFICE IN• •
• LOS ANGELES COUNTY •
•• My Commission Expires July 9, 1978 •
I
•
1'729
EXN/81 T �A
I
GRANT OF RIGHT OF WAY
L. C. SMULL, a married man as his sole and separate property, TARIBICKOMOOR
ZI> xsotesxl
xxgazomacaglimatico , as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by POWAY MUNICIPAL 'WATER DISTRICT
as Grantee,receipt whereof is hereby acknowledged,do hereby grant to said..POWAY..MUN I CI PAL..WAT E R DISTRICT
its successors and assigns,an easement of right of way.XXXXXXXXXXXX XXXXXXAXX(ti1OMn,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,X%Xtip)(X9(D(h(XXXX:XXXXXsXXI(XtXX9C)QXXX
xxfl(XAt 1xX*"1QXD(XXXXIX*XX XX1**XXxxXxXXXXIIQ'IiI?(i?CJOkDC**XX•XXXXXXXxXXXX*XXax,XxatxAXXtXXck-XXXXXX%XXXkLX
X. )Qx together with the right to use said right of way for access to Grantees rights of way situated in adjacent lands.
XX'XXXXXD 1)01XJQXAXtXcNWMXIXXD XXIg(900 9C`aWC 65XiXXXXX)tXXXCXiXcXMAXXXX:XtXXXXXXXXXXXXXXXXXXXXXXX
XK4JOAXIXXX,xXa6XXI A XXJQXg (tXsYNNAD(1(a'i MAXXXXXtX
Said easement of right of way is particularly described as follows:
Parcel 1 :
All that portion of the Southwest 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 the United States Government Survey,
included within a strip of land 20.00 feet of even width, the center line of
said 2.0.00 foot wide strip of land being described as follows:
Commencing at the Southeast corner of said Southwest Quarter of the Southwest
Quarter of Section 14; thence along the Easterly line of said Southwest Quarter
of the Southwest Quarter, North 0°24' 09" East 853.25 feet to its intersection
with the center line of POWAY ROAD, as shown on the Map of County Road Survey
No. 1713, a plat of which is on file in the Office of the County Engineer of
said San Diego County, thence along said center line, North 89°06'03" West
199.68 feet to the beginning of a tangent curve therein, concave Southerly,
having a radius of 2500.00 feet; thence Westerly along the arc of said curve,
•
through a central angle of 1°45' 19" a distance of 76.59 feet to a point herein-
after referred to as Point "C" ; thence continuing Westerly along the arc of said
1 2500.00 foot radius curve, through a central angle of 13°48' 03" a distance of
602. 17 feet; thence radial to said curve, North 14°39'25" West 51 .00 feet to
the TRUE POINT OF BEGINNING; thence North 10°36' 03" West 78.65 feet; thence
North 44°35'51 " West 37.02 feet to a point hereinafter referred to as Point "A";
thence North 45°24'09" East 235.96 feet to a point hereinafter referred to as
Point "B" ; thence continuing North 45°24'09" East 10.88 feet; thence North •
12°47' 02" West 204.09 feet; thence North 77°12'58" East 197.81 feet to the
Southerly line of the Northerly 10.00 feet of said Southwest Quarter of the
Southwest Quarter of Section 14; thence along said Southerly line, South 88°44'52"
East 552.94 feet to the Westerly right of way line of POMERADO ROAD (Mission
Road 1 -A) , a plat of which is on file in the Office of the County Engineer
of said San Diego County.
Parcel 2:
All that portion of the Southwest Quarter of the Southwest Quarter of Section 14,
Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San
'G Diego, State of California, according to the United States Government Survey
P included 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:
Beginning at the point designated in Parcel 1 above as Point "A"; thence North
44°35'51 " West 102.35 feet; thence South 79'23' 57" West 30.07 feet to a point
in the Westerly boundary of land conveyed to L. C. SMULL, by Deed filed in
Parcel L
All thatportion of the Southwest 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 the United States Government Survey
included 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:
Beginning at the point designated in Parcel 1 above as Point "A" ; thence North
44°35'51 " West 102.35 feet; thence South 79°23'57" West 30.07 feet to a point
• in the Westerly boundary of land conveyed to L. C. SMULL, by Deed filed in
the Office of the County Recorder of said San Diego County August 3, 1976 as
iir
Document No. 247701 of Official Records.
Parcel 3:
All that portion of the Southwest Quarter of the Southwest Quarter of Section C)
14, Township 14 South , Range 2 West, San Bernardino Meridian, in the County of
San Diego, State of California according to the United States Government Survey,
included 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 point designated in Parcel 1 above as Point "C"; thence
radial to the aforementioned 2500.00 foot radius curve in the center line of
POWAY ROAD, North 0°51 ' 22" West 51 .00 feet to the TRUE POINT OF BEGINNING;
thence North 21°45'00" West 225. 70 feet.
Parcel 4:
All that portion of the Southwest 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 the United States Government Survey,
included within 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 "B" ; thence South
44°35' 51 " East 50.00 feet.
Grantor shall have the right to construct a parking lot within
the limits of the right of way.
Grantor shall further have the right to install and maintain
landscaping of a nature that does not interfer with Grantee 's use
of said right of way .
Grantor and its 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 its 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 sahitiirsis Illhrrraf. the Grantor....has executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness.
TAX PARCEL NO. 317-1.5 3-13
R/W No. 306972-R
DRAWN BY
CHECKED B
ACCT. NO. C-P03-216-00 NOTARIES—USE PROPER FORM ON BACK.
DATF January 27, 1977/jeh
RIW-Grant Form B101-6
' • ` l X131
) •
1
ONOcY CCVeYgWOd , so 'ESE?
360fiZON
,I , O
m .
4
%% O
61 0
(3 , V�
oz oz p0 -- --- 7
,°/ % Ve
-- J 210 225'�� '�r•'��
a �
,3`$ h N .
Ll k N �
� � ,W 04 O ` E- z c�� '
h 'co k Uj ;9 4 ;"
N �,co \ V 1 �o ,► Q
'
2 _�n m N
v `! , k.
kr) cij
IL t& *
a
W \ -0, A .
in
4 OP"'
N 1:04;e)9. 16.„.t. kN1 o c) ,
%1606.: * 'K
N
y S Z
N o e'
m /
.C. `�
-- z /4,,m ,
• 4; °1'gtb/4NT ''`'\ f, I
•
o• r 4'\ a t,.,moo a
Project: POWAY SHOPP/NG PLAZA — Tax Par. u 317-153-/3
S.M 3
PLAT
of easements required by the
Poway Municipal Water District C.A.N. C-P03 2/6-00
Prepared by: R/W # 306972-R c
Boyle Engineering Corporation Date: JAN. C7 I977 i