1988-536797
,
,,~ WHEN RECORDED, PLEASE.
THIS INSTRUMENT TO:
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BP-
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536797
CARDIFF SANITATION DISTRICT
CLERK, BOARD OF SUPERVISORS
SAN DIEGO COUNTY ADMINISTRATION CENTER
1600 PACIFIC HIGHWAY
SAN DIEGO, CALIFORNIA 92101
~'-{",-'-r:'"¡ -"',
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NO TRANSFER TAX DUE
NO FEE
I.
Project:
tJ. O. No.:
Pa rce 1 No.:
Log No.:
TM4376-1/
Lone Jack Road
TE 5410
88-Q286-A
300-05
Assessor's Parcel
No. 264-160-50
SUBORDINATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under the
Deed of Trust described in Paragraph II, and as the owner and holder
0 f the obliga tions thereby secured does hereby make subject .,and
subordinate the liens thereof to the easement hereinafter described
in Paragraph III, 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 any foreclosure of said Deed of Trust.
Beneficiary declares and acknowledges that it hereby intention-
ally waives, relinquishes and subordinates the priorities and
superiorities of the lien and charge of the Deed of Trust described
in Paragraph II upon the land described therein in favor of the
easement described in Paragraph III to which the Deed of Trust
described in Paragraph II is hereby subject and subordinate as above
provided; 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
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quishment and subordination.
reliance and the execution by Beneficiary of this waiver, relin-
II.
A Deed of Trust dated
Ap ril 18 , 1988
in the amoun t
of $
56.500.00
, executed by A.R.C. Development, Inc.,
A California Corporation
as Trustors,
SMTD Corporation, A California Corporation
favor of
, as Trus tee, in
,Joint T~nants
Husband and Wife as
as Beneficiary, was recorded
July 13" 1988
, in the Office
of the County Recorder of San Diego County as File/Page No. 88-338014
of Official Records
III.
THE EASEMENT:
upon the real property
hereto in favor of the
,. Purposes over and
An easement for sewer lne
" E h"b.t "A" attached
described ln x 1 1
Cardiff Sanitation District
oJ ,
.
.
~21
1
A strlp of land 15.00 feet wide lying within Block 88 of COLOiH OLlVENHAIN, in
the City of Encinitas, County of San Diego, State of California, according to Map
thereof No. 326 filed in the Office of the County Recorder of said County,
included in that land described in deed to A. R. C. Development, Inc., a
California corporation, recorded July 13, 1988 at File/Page No. 88-338013 in said
County Recorder's Office, the sidelines of said strip lying 7.50 feet on each
side of the following described centerline: .
COMMENCING at the most Southerly corner of that land described in deed to Patrick
B. Greenwell, et UX, recorded April 7, 1988 at File/Page No. 88-160798 in said
County Recorder's Office, said corner being also the intersec:ion of the
centerlines of 13th Street and "0" Street, both vacated and closed to public use,
and lying within said Colony Olivennain; thence along said centerline of "0"
Street (vacated) North 15°03'15" East, 266.48 feet to the TRUE poon OF
BEGINNING, being a point on the arc of a non-tangent 200.00 foot radius cur'le
concave Southwesterly, a radial line to said point bears North 48°:8129" ~ast;
thence North\\'esterly along the arc of said curve through a central anGle of
32°56'08", a distance of 114.97 feet; thence tangent to said curve
North 74°37'39" West, 266.55 feet to a line that is parallel 'tlith and 7.50 feet
Southeasterly or the centerline of "N" Street (vacated) as shown on said ~1ap >Jo.
326; thence along said parallel line, North 14°49'4r East, 152.76 feet; thence
North 59°00'58" West, 206.14 feet to the beginning of a tangent 200.00 foot
radius curve concave Southerly; thence Northwesterly along the arc of said cur'le
through a central angle of 5ìo23'27", a distancE: of 200.33 feet; thence non-
tangent to said curve, North 87°42'20" West, 193.80 feet to the beginning of a
tangent 200.00 foot radius curve concave Northerly; thence Westerly along the arc
of said curve through a central angle of 05°23'19", a distance of 18.81 feet;
thence tangent to said curve North 82°19'01" West, 178.85 feet; thence
North 85°56'23" West, 490.97 feet to a line that is parallel wlth ana 39.50 feet
Westerly of the centerline of "K" Street (vacated) as shown on said ~ap No. 326;
thence along said parallel line, South 14°14'00" West, 261.74 feet to a line that
is parallel with and 7.50 feet Northerly of the centerline of saia 13th Street
(Vacated); thence along saic parallel line, Ncrtn n031'26" ..Jest, 3Cl.Jì feet :0
a line that is paranel wlth ana 7.50 feettJesterly of tile centi=r~ine of ";"
S(;--eet (vacatec) as snC\',m on said i1ap ¡Jo. 225; thence along saia pãr':-ili:; -~:e,
South 15°20'40" 'liest, 53.5ó feet to a line tnat is paral1el '",ith ¿no ì.50 feet
;Jortherly of the South\'/esterly line of that land aescribeC! in Geed :0 'Jane
Claypool, recorded Novemoer 15, 1984 at File/Page No. 34-J29733 ln sale County
Recorder's Office; thence along said parallel line, North 72"Sõ'36" r'iest,
96.00 feet to the Northwesterly line of sald Claypool lana, ana t,îe POI~n OF
TERMINUS.
The sidelines of said 15.00 foot 'T'llCe strip Jf lane snall Je lenq::-,ened ana/or
shortened so as to ter:ninate Southeasterly in said centerline of ":J" Str'ee~
(vacatea¡ and >Jorth~'/esterly in said ¡~orthwesterìy line or Claypool's ,ana.
EXHIBIT "A"