Subordination Agreement 1990-364302
RECORDING REQUESTED BY
664
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r;;~r;~y~~f-(1~~,,~ 1 if-
CITY OF POWAY
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AND WHEN RECORDED, MAIL TO:
"J JUL -5 AM 9: ?1
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
VrFI\
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(This space for Recorder's Use) NO FEE
SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of
Trust dated January 25, 1990, recorded in the Office of the County
Recorder of San Diego County, January 26, 1990, File No. 90-045929,
and as owner and holder of the obligations thereby secured does hereby
make subject and subordinate the liens thereof to the Easement granted
by
FRANK J. SCIACCA and CONNIE M. SCIACCA,
husband and wife as joint tenants
to the CITY OF POWAY, 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 was recorded -::fu,,~ ;l..A) 1'14 D ,File No. "10- 3?'1'i 1::1... ,
and affects the real property described in said Deed of Trust. A copy
of the Easement is attached hereto as EXHIBIT "A" and inGorporated
herein by reference.
The undersigned Beneficiary of said Deed of Trust 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 th9 execution by Beneficiary of this waiver, relinquishment, and
subordination.
Dated: tm~ 14 I'No
R/W No.
Exc. No.
Project
Beneficiary:
First National Bank,
a national banking association
BY:/~?<' "
ame: R,c",(f~ ;2.fSEvEf
Title: t..c:.c PM J7l)p,;v/
BY:~OrD '
N .~bo~ '\'!;.,,",LbW'''' . .1
Title: ~......".,{"""A VlC5 M"-"''''':>~
66:
NOTE:
ALL SIGNATURES MUST BE ACKNOWLEDGED
NOTARIES: Use proper form attached
or staple appropriate form thereto.
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
On -jP(LI-/ It! /(/'70 , before me, the undersigned, a Notary Public
in and for said State, personally appeared ~~~, ~~~4/
(p,;,rsona11y known to me) (preveel t,a m~ uu Lh.. LQclc of .!lat:i.!lfact:ory
">"l..;tgRee) to be the GiJlj1IJjJ~fU1i and ~Uf;'t;~'IP~
(personally known to, me). ( -ci 1=n mp nIl th,' t:i!lfae1oary
8"iliefloe) to be theU<J.,u, '--rUb P/(L..ud./-"f of First National Bank, a
national banking association, the association that executed the within
instrument as Beneficiary and (personally known to me) (pro"Qd t-n mp
on t-hp h"c,; s af !3at:i!3faetary e. id~l.oe) to be the persons who executed
the same on behalf of said association, and acknowledged to me that
said association executed the same as Beneficiary pursuant to it
By-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature IJdl,L,'f)1J_OjIii
"7\ C
vALE NLJI~E^/T
Name (Typed or Printed)
@---
.,,; ".
.'
OFFICiAl SEAL
DALE NUGENT
IIOTARV PUBlIC-CALtfOR,n.
PRiNCIPAl OFFICE 'I
SAN DIEGO coum
IttColn",,_b,.. n, I"
RECORDING REQUESTED BY
666 -
CITY OF POWAY
AND WHEN RECORDED, MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
(This space for Recorder's Use)
This document affects A.P.N. 317-223-10
GRANT OF EASEMENT
Water and/or Sewer Pipelines and Appurtenances
FRANK J. SCIACCA and CONNIE M. SCIACCA, husband and wife as joint
tenants,(hereinafter "GRANTOR"), hereby grants to CITY OF POWAY,
(hereinafter "GRANTEE"), its successors, or assigns, the following
described easement for a right of way ____ feet in width, in, upon,
over, under and across the lands described below, to erect, construct,
reconstruct, replace, repair, maintain, and use a pipeline or
pipelines for any and all purposes, together with such fixtures and
appurtenances, at such locations and elevations, upon, along, over and
under the right of way described below as GRANTEE may now or hereafter
determine in its sole discretion without any additional compensation
therefor, together with the right of ingress and egress from the
easement by a practical route or routes in, upon, over or across the
land described below, together with the right to use this easement for
access to GRANTEE's right of way situated in adjacent lands, without
any additional compensation therefor.
The land encompassing this easement
Diego, State of California, and is
follows, to wit:
is situated in the County of San
more particularly described as
Lot 45 of the CITY OF POWAY TRACT NO. 85-04 UNIT 1, in the
Poway, County of San Diego, State of California, according to
thereof No. 1l742, filed in the Office of the County Recorder
San Diego County, March 9, 1987.
Said easement of right of way in the aforesaid lands is particularly
described as follows:
City
Map
of
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
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GRANTOR, its heirs, successors and assigns sh~ 1 not erect or
construct or permit to be erected or constructed any building,
structure or improvement or plant any tree or trees or plant any other
vegetation or flora within said easement without the express written
approval of the City of poway as evidenced by the signature of the
Director of Public Services on an approved plan. GRANTOR, its heirs,
successors and assigns shall not dig or drill any hole or wells on any
portion of the easement.
GRANTEE, may use all gates and fences which, now or later, cross any
portion of the easement. GRANTEE shall also be entitled to trim, cut
or clear away or remove any trees, brush, or other vegetation or flora
from time to time as GRANTEE deteInines in its sole discretion without
any additional compensation.
GRANTOR agrees that no other easement or easements shall be granted
on, under, or over this eaement without obtaining the prior written
consent of GRANTEE.
GRANTEE, may at any time increase its use of the easement, change the
location of pipelines or other facilities within the boundaries of the
easement right of way, or modify the size of existing pipelines or
other improvements as it may determine in its sole discretion from
time to time without paying any additional compensation to GRANTOR or
GRANTOR's heirs, successors, or assigns, provided GRANTEE does not
expand its use of the easement beyond the easement boundaries
described above.
It is understood and agreed by the parties that the GRANTOR and the
GRANTOR's heirs, successors, or asigns, shall not increase or decrease
or permit to be increased or decreased the existing ground elevations
of the above described easement which exists at the time this
document is executed without obtaining the prior written consent of
the GRANTEE.
In the event of any dispute involving this Agreement, whether or not
litigation is commenced, or if any arbitration proceeding, ad-
ministrative proceeding or litigation in law or in equity, including
an action for declaratory relief, is brought to enforce or interpret
the provisions or performance of this easement, the prevailing party
shall be entitled to an award of all attorney's fees and the costs of
the proceeding, which shall be determined by the court or the
presiding officer having authority to make this determination.
GRANTOR expressly warrants and represents that GRANTOR has the power
to grant this easement in accordance with its terms.
IN WITNESS WHEREOF, the
/ "I Y1i day of
this Easement this
, 199 ~.
K J
Grantors:
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STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) SS.
On ~ /~ /9'f't? , before me, the undersigned, a Notary Public
in and or s id state, personally appeared FRANK J. SCIACCA and
CONNIE M. SCIACCA (personally known to me) (proved te m~ on the
basis af satiafae1>Qry Q"idQIlGej, to be the persons whose names are
subscribed to this instrument and acknowledged that they executed
it.
WITNESS my hand and official seal.
Signature 9~.j ~~
"T/1~'{/€ To Bt7 W/T1/1 JU
Name (Typed or Printed)
..............................:
. .
: . _ . OFfiCIAL SEAL 1
. . JAYNE T, BOWMAN .
1 . . NOTARY PUBlIUAlIFORNIA ·
: ~ II> PRINCIPAl OFfH:t IN :
. SAN OllGO COUNTY ·
. .., ,0 ,.- My Commission hplles June 13. t 992 1
t .....................
..........
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EXHIBIT "A"
1-'->9
WATER EASEMENT LEGAL DESCRIPTION
ON A PORTION OF LOT 45
OF POMERADO BUSINESS PARK
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That portion of Lot 45 of CITY OF POWAY TRACT 85-04 UNIT 1, in the
City of Poway, County of San Diego, State of California, according
to Map thereof No. 11742, filed in the Office of the County Recorder
of San Diego County, March 9, 1987, within which, lies that strip of
land described as follows:
COMMENCING at a point on the Easterly boundary of said Lot 45,
distant thereon, South 14000' 00" East, 56.00 feet from the E.C.
of a 29.50 foot radius curve, concave Southwesterly, said TRUE POINT
OF BEGINNING being a point on the Westerly Right-of-Way of Kirkham
Road as shown and delineated on said Map No. 11742; thence leaving
said Easterly boundary, South 76000' 00" West, 20.00 feet; thence
o 0
South 14 00' 00" East, 98.75 feet; thence South 76 00' 00" West,
o
28,.00 feet; thence South 14 00' 00" East, 3\.75 leet; thence North
76 00' 00" East, 20.00 feet; thence North 14 00' 00" West, 11.75
o 0
feet; thence North 76 00' 00" East, 244.00 feet; thence South 14
o
00' 00" East, 26.00 feet; thence North 76 00' 00" East, 10.00 feet;
o 0
thence North 14 00' 00" West, 26.00 feet; thence North 76 00' 00"
o
East, 10.00 feet; thence South 14 00' 00" East, 37.00 feet; thence
o 0
North 76 00' 00" East, 10.00 feet; thence North 14 00' 00" West,
o
37.00 feet; thence North 76 00' 00" East, 10.00 feet to the East-
erly bou~dary of said Lot 45; thence along said Easterly boundary,
North 14 00' 00" West, 118.75 feet to the TRUE POINT OF BEGINNING.
This legal
EXHIBIT "B"
description
description (EXHIBIT
attached hereto and
was prepared by me or
"A")
made
under
and a sketch labeled
a part of this legal
my direction.
~v/a.~~
Richard A. Rubin R.C.E. 32133
Expires 12-31-92
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KERRAN STREET ill -~
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2.84. :33 . tol
LOT 45 ..,
MAP 11742
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, <:l N 14'00'00. W 17.7S'
~ N 7000'00. E 20.00'
Q
~
~ LEGeND
V////"l INDICATES WATeR EASEMENt
~\ DATA TABLE ~
>~\ ------------
C) CD S 140 00' 00' E 26.00' ,
~ C)
,~\ ~\(\' C), .
,.... 0 N 760 00' 00' E 10.00' o~~
, ~~
~\ .....lri' at;;!, .~
.;-- (ll1O 0 N 140 00' 00' W 26.00' C)G\~
-.. N"Jo G\~'"
~\ It II II CD S 140 00' 00' E 37.00' 1111 tI
'<:Jllc-..j "l~-.I
\ @ N 140 00' 00' W 37.00'
N 760 DO' 00' E 235.72'
i
~
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SCALE: /"::60
/:;=90'00'00. /
R=29.S0' ~
L=46.34'
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c (:)
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P.O.B.
.32.5'
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