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Subordination Agreement 1977-345693 - • . ACCfMMODASN HLIrv�• FILE/PAir�78— 5Mo.693 J U L i i 1977 411 ._.—._ When Recorded Mail To: ) BOOK 1978 ' •' ) RECIORI�EDREQUEST OF RECEIVE _D POWAY MUNICIPAL WATER DISTRICT ) Land gide !Pt Ut 6 AUG 31 1978 • Post Office Box 348 ) AN 15 9 10 AM X13 Poway, California 92064 ) Poway IYIu••ILII.Iul water Distric ) Lor r... .•,. 1.LARos NO FEE 3!4r.n" r :.UNTY.CALIF. 308380-R ritl;l1ROER SUBORDINATION AGREEMENT RECORDER: Please make nocharga FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed r°r ret°,a,ng rhe ,er- recorded in the Office of the Count acDeA !nelrumen!_ ,! of Trust dated March 3, 1971 Is Deing ,ecordee In Recorder of San Diego County, March 10, 1971 File No. 45401 connectlonwllh,Gov and as owner and holder of the obligations thereby secured does hereby mak ne:nznnt. Agency rre. subject and subordinate the liens thereof to the Easement granted by Merilyn Francis 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, Merilyn Francis as Trustor, Transamerica Title Insurance Co. as Trustee, and David Homer Williams and Elizabeth N. Williams, as Trustees 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: July 9, 1977 . BENEFICIARY: • dia___.e.‘,....e/ f112 Cl/�.�iGG G�id Homer Williams R/W # 308380-R LA. - _ _ Exc. ;. 10 -- Proj . Rancho Del j (L .. -!. 44,;/ ) ; s 576 JUL 111977 EXHIBIT A GRANT OF RIGHT OF WAY MERILYN FRANCIS, a married woman as her sole and separate•.property , as Grantor, for and in consideration of the sum of One Dollar and other valuable consideration paid by.POWAY.. MUNICIPAL. WATER.•DISTRICT•,••a••pubiic •corporation 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. XXXXXXXXXXXXXXIXXXr 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 bur 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 fur 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: Lot 1 in Section 1 , 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 thereof. imam(xxxxXSaidl easement of right o way in the aforesaid lands is particularly dri escbe as follows: 'Mg • All that portion of said Lot 1 described as follows: Beginning at a point on the Southerly line of said Lot 1 , distant thereon North 88°47'33" West 762.75 feet from the Southeast corner of said Lot 1 ; thence along said Southerly line, North 88°47 '33" West 234.37 feet; thence North 1°12'27" East 50.00 feet; thence South 88°47 '33" East 226.64 feet; thence South 7°34'42" East 50.60 feet to the Point of Beginning. JUL 11 1977 Grantor and her 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 cur 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 her successors or assigns,shall not increase or decrease,or permit to he 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. in Witness i}I herrn!, the Grantor...has executed these presents this...'.- # ...day of )1r--t , 19 7 Executed in the Presence of: Witness. Witness. TAX PARCEL NO. 314-031-05 R/W No._30180-R DRAWN BY CHECKED BY ACCT. NO. C-P03-220-00 NOTARIES—USE PROPER FORM ON BACK. DATE May 27, 1977/j19 RIW-Grant-Form 8101-6 . ID - 578 i JUL 111977 ......._..._._....,...................... V!or T. /35. ------,,,,4------,,,,4r T. /4 S. 4=7734'26" K= 500' , l L=66./0 AI 10"3200"W 293.410' d= /9744'35" R= 500 ' L= /72. 29 ` 60'ROAD EASEMENT ttl , 1:-,11 ' — �% N9%235111 i 14) 430.00 ' N r I -. 30' D r .O--- ., N O = /522 /5 ooh R= 500' ° 0W N / ADrS50 L = /34. /4' R1O NQf o�Ocil-I o r rr „ h O (1,14/sv N884733 W c1t ,Q/k9 273.72' ,,E ` o\ • /�O 22 'lo��(o° 04R�C ,. I� Al/11/2'274E 6'�a4 5 50' tL \� li"—V � f 5000' �'! �,\� N 58471.33 °W 31.9 \-- 234. 37 ' 76 2.75 ' SE COR. L0T/ 5EC. / T. /45., R. 2W. N N -. / = ?OD tØ1... /ND/GATES WATER Lt ILINE EASEMENT Project: 1AIVCHO DEL FON/ENTF_ Tax Par. # 314-031. 05 PLAT of easements required by the Poway Municipal Water District C.A.N. C• P03- 020-00 Prepared by: R/WWJ # 208580-R (A) 3oyle Engineering Corporation Date: MAY27, 1977