Subordination Agreement (Trust Deed) 1983-043873
\' " !
T" ''';-'' "' ~ .' ~ ._.' .3-0~3873
"~~ ".~~CO~D~~G~~Q~;E~'Bv." 792
, 'WHEN 'jlECORDED, PLEAsE 'W\I L ~Rr.:COSll':D in -]
:OFFfClt\L REC0!10S ,-
, THI S INSTRUMENT TO: OF'SAN DI~G!J CO!.!:: fl'. CA.
: < ,
, CITY CLERK 1983 H8 10 IIH iO: 15
i I
I CITY OF POWAY
P. O. Box 785 i ~Vf.PA L,LYLE , I
POWAY, CA 92064 ! couln y RECOROE~
1
!
'I . NO FEE
NO TRANSfER TAX DUE ! SPACE ABOVE FOR RECORDER'S USE ONLY
SUBORDINATION AGREEMENT
, (TRUST DEED)
Project UYl7 9 7
Assessor's Parcel W.O. No. : TY17Q7
No. 317-130-47 Parce 1 No: 81-1221-A
Log No. : 794- 2
WHEREAS. that certain Deed of Trus t made the 24th day of April . 1980 . between '\
WESTERN BANCORP MORTGAGE COMPANY ,now known as FIRST INTERSTATE
REAL ESTATE SERVICES COMPANY .' collectively called
BENEfICIARY. a[ld MIDLANQPOWAY QEVELOPMENT, a joint venture composed ,of SCRIPPS B,USINESS
PARK ASSOCIATES, a Cal ifornia generalpar.tnership; AND WALDORf ASSOCIATES, a Texas
1 imitf>d partnf>rshi 0 . collectively called
.' ......
TRUSTOR, and LAND TITLE INSURANCE tOMPANY, a CalIfornia corporation caned
TRUSTEE, and recorded the 30th day of Apri 1 . 19~. as ,file/Page No. 80-146331
in the Office of the Recorder in the Coun tyof San Di ego. State of Ca 1 iforni a; and
WHEREAS. said BENEfICIARY is the owner andho,lder of the note and other evidence of
indebtedness for which said Deed of Trust was given for security; and
WHEREA~. .on \he, _ day of . 19 . TRUSTOR executed and delivered to the
CITY OF POWAY . County of San Diego. State of Ca,lifornia. that
certain DOCUMENT for an
EASEMENT fOR UNDERGROUND ELECTRICAL SYSTEM
over. under. upon and across a portion of the land described in said Deed of Trust. said
port ion bei ng pa rt iculal'ly descri bed as fa Haws:
- 1 - X
WHEN~RECORDED, PLEASE MAIL I
{1/nS"lt,tTRu~ENr TO:' ':.19<:'1 .
. .', 7', Jl!........ .0
Clerk;,Board,of Supervisors
;., ..-,' ,,-. -"-".-
San Diego County Adminirtrati()n Cllntcr
f1600Pa(:ifii: Kigllw3'1,
iSan Diego, California 9210,'
TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL Y
Grantor fasemen.t
UNDERGROUND ELECTRICAL SYSTEM
Assessor's'Parcel Project UYl7.97.
No, 3'17-130-47 W.O. No. TYl797
Parcel No. 81-1221-A
LOG No.: 780-10
MIOLANDPOWAY DEVELOPMENT ,a jaint venture composed of I-JALDORF ASSOCIATES. a TEXAS
LIMITED PARTNERSHIP; AND SCRIPPS BUSINESS PARK ASSOCIATES, a California general part-
nership
bereinafter called "Grantor", for valuable consideration grant(s) to
CITY OF PO'~A Y
-
hereinafter ca/led"Grantee" a nonexclusive easement and right,of,way; upon and under Granfor'shereinafter d~:;cribed
rea,l proper:ty to excavate for; place. ,lay,con!1truct, operate, use, maintain, repair, replace. reconstruct and/w ref110ve
underground facilities consisting of conduits, manholes, handholes al1cl junction boxes with wires and cables: placed
therein andabovegrOlmd structures.consistingof pads.transformers.and:o,ther aboveground structures necessary for the
opera'tion of Said underground facilities and equipment and material connected therewith for the tTansmission and'di$'
, tribution of ELECTRICITY.
Parcel No. 81~1221-A (1-5-82) (LT:LT:ab)
1~he Easter!y 1.1.00 feet of the t\Jt::s-te~ly 64.-0Q feet of the Northerly 5.00
feet of the<Southerly 6000 feet of Parce13 o,f Parcel ~1ap No. 1675, in
th~ (}o~,ryJ,Yo! San Diego, Sta.te of Calitorni!,!, s.aid Parcel Map No. 1675
belng f,-led ln the Office of the Recorder oJ said County .June 28, 1973.
CCSF"S5,27.0/77
- ".
" ~. ,~' ; . ...",.t 7'94. .
~ ~..
~ .. ~ .. .
, ,
This eas~mentis granted subject to the following covenants and conditions:
[1] F,qr the purrJOses,of construction" maintenance and repair, ofl Grantee's above described facilities, and structures,
Gfa.~tee shal,l"aye, tlle r)g"j'toingress and egress and right,of'way over said easement area and over such ,other
rOLl te's a,SIG ralit()r, .,its su'ccessgrs'or assigns; may specify,
[2] Grantee, its successors or assigns,'sh'all install its underground'facillties 'a,t a depth of not less than 30 inches below
the natural surface cif,the,grouno ,over said easement except that ma'ilhqles, handhOles"and junction boxes may be
cOQs't',uf"ted at a depth lesdhan 30 inches from the surface'ofthe ground, and subjeCt to Grantor's'p'rior,ap'pr6val"
a,boveground structures may be constructed'on'the easement area, ' "
[3] In the event that Grantee must cut any 'concrete surface in or, over said easement area, Grantee shal,l cut such con,
crete with a concrete saw or other':sufficieiitly sharp device to ad~p,th of (",e,third of the thickness,of,such concfete
in order to assure a clean and neat 'cut edge en such concrete and subject to Grantor's standards and satisfaction,
Grantee shall 'backfill any excavations and restore all surfaces with material consistent with the surrounding Imlte'
. _.'" , ',' _ ~ ..'" . . c _
rial and with building ~onstruction standards iil'the area,
[4J Slibject, to Grantor's, its successors',or ,assighs: pdor approval, Grantee shall have the right to trim and cut tree,s,
.' ,fc,liage and, roots upon and within said easement,area 'and right'of,waywhenever such t(imming and''c'utting shalibe,
necessary,for'the convenient and safe exercise of the rights herein,granted to Grantee,
,[5] G,antor, 'its, successors or assigns, shall'noV'increase the elevation of the ,surface o'f the ground within the boundaries
off.said easement area, without.first having ,the written consent,of the, Grantee to such raising of elevation,
i6] ,Grantor, its successors or assigns, sha;'i,retain'the right to place, replace, cultivate and maintain plants in and over said
easemen't'area consistent and compatible with Grantor's other landscaping'within and without the easement area,
.[7] Grantor, its successors or,assigns,;shall retain the'right to construct"recoiistruct, and m'aintain aboveground structures,
inc,Iuclil'l9 'b~t'not 'I iniiied to, fences, sidewalks, curbs, gutters and ,street surfaces or other, surfaceS'thatrreq'Liire ex'ca,
, ,
vationand grading between ground:,surface and 'a maximum depth of 18 inches from ground surface elevalion witiii" ~'c
said easement area.
[8] Except asi'heieinabove stated, Grai1toi',its,successors or assigns, sh.~li not,erect, plac~..or construct nor permilto be
ereded, placed or constcucted any building or other structure, dig 'or drill any well, orplant any tree within the,
limits of said easement,
[9] The,'terms, covenants and conditions of ,this easement shall be binding'upon and inure to the benefit of the successors:,
or assigns'of Grantor or Grantee,
[10] CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, ,therefore Grantor shall not make or allow
, ,
any ,excavation. or. fill to'h9.made, vvithin :the boundades of the 800ve descrHJed'easement,and fight" o'f v...a'.; V'!ITHOU,T"
'HRSrNOTIFYING GRANTEE BYC1\LLlNG 232"'4252 AND OBTAIN,ING,PERMISSION,
IN WIJNESSWHEREOF, the,Grantor 'e'xecutedthis instrument this day
of ,19__.
,Executed in the Presence'of:
WITNESS
SeRI8PS BU WAL~2'A Texa~-=ted partnership_
e Califo,r By: ,'4F~~
~
By:- By:
"
,By.:
.:...... ~'..~ ' i. ,'~'
7~r'
," '4J" ..',',';) .
. :;5'--'_, ,. '-, , " :, ,~ "f' '
v' ..
..
HIjERE:AS; ,those parties concerned desire to have'said D,eed of Trust subordinated to said
UUCUMENT;
NOW, THEREFOR!;,- tor va luabd e cons,i deration, the rete; pt of wh i ch is hereby acknow 1-
e,dged, th'e:und"er.signed BENEFje'iARY herebY~laiv,es the Jlrior.tty of said Deed of Trust in,
'Ja'V'o'r'6f.' said DOCUMENT to the same extent as it' said'DOCUf"ENT had been executed prior to
,safe! 'Ueed Of TrU5 t. '
Dated this 2H~ , day of JLoUCf>\6~ , 19,0'2...
COMPANY now known as
tE SERVICES COMPANY
.\
jf.
" STAtE OF )
, ,
. County of -, )ss.
, " ,
1..----- _ _;
,
, On, , 19 , befoce me, the' unders'igned, a notaryir, a'iid for
said County and State, persoria'lly appeared ____,
kno\~ntome to, be the Pi?rsop .. whose, name suSseri be'd
.. to' ':the within i'nstrument, ana acknowledged that exe'cuted
thE!' ,same.
, Wiitnessmy hand and offic;ia1 seal.
"; ",
1""
",f":,
'~.\ , ' , . "
'NotarY: Pllb.licirJ1 an'd fOf; :sa'"i!d 'Gollnty "and"State
.
Thi sis to cerUfy thilt the i n'terest in real pr'bper:tyconveyed by the foregoi ng
Suborai nat ion "Agreement to the Co,ynty.of Sat) Diego ,a, 'pan tical corJloration, is hereby
accepted oh behalf of the' Board of Superv'fsorsof sai'd 'County of "San Diego pursuant to
autjlori:tyconfe'rredby Resolution of s"aid Board adopted on March 20, 1979, and the
Gran'tee" 'consents to recol"dat ion thereof by its duly authorized officer.
Dated'
8
i -
. .
(Corporation)
STATE OF ~~~~ COLORADO } SS,
I COUNTY OF DENVER
, On this p'q/:J,'da~~ , in the year 19t!'-:l.. ,before,me,_the,uIldersigne<:!,_ ,/
a Notary Public i,n and for said State, personally appeared Teresa A. Sullivan
. I' f (personally known to me) (proved to me on the basis of satisfactory evidence) to be the Vic.p- -,
, President, and Robert p. Riggert
I w (personally known to me) (proved to me on the basis of i n~ ~
a: satisfactory evidence) to be Assistant
w
, 1: Secretary of the corporation that executed the within
I w :"~1 b-
" -.l Instrument on behalf of the corporation therein named,
"- and acknowledged to me that such corporation executed the e
" <..-
I f-
'" within instrument pursuant to its by.laws or a resolution
I';" . of Its board of directors
! WITNESS my hand and official seal.
, Signature~g~~
I ;
,
DPW Form 180 (7/82) ~y ~~mIll!SS!on ~p!reSpCl s. 1983 (This area for official notarial seal)