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Subordination Agreement 1990-364302 RECORDING REQUESTED BY 664 'jU 'J,04302 r;;~r;~y~~f-(1~~,,~ 1 if- CITY OF POWAY "":- ~- , :.,~.. -",- " j"'!:'.';' AND WHEN RECORDED, MAIL TO: "J JUL -5 AM 9: ?1 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 VrFI\ L: ,', L'~~~'h~ n (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. 4XH/8/T /~ N 6..6 7 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: 4XH/8/T /~ N "'68 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 ..................... .......... 4XH/8/T /~ N EXHIBIT "A" 1-'->9 WATER EASEMENT LEGAL DESCRIPTION ON A PORTION OF LOT 45 OF POMERADO BUSINESS PARK -------------------------------------------------------------------- -------------------------------------------------------------------- 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 4XH/8/T /~N L07 38 67( KERRAN STREET ill -~ '" ~ 'lfl N 7(P~ 00' OO"E ... 2.84. :33 . tol LOT 45 .., MAP 11742 , <:l "'!-\(\ ~. ~ h a --1;;:: . <:l , <: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 ~ / , SCALE: /"::60 /:;=90'00'00. / R=29.S0' ~ L=46.34' \tti c (:) C 1\' lei ..... It) I-: ~ n= P.O.B. .32.5' 2 I ~ ~ 4Xf//8/T ;'~ N