Subordination Agreement 1979-467174 ) FILE/PAGE NO
BOOK 1979
When Recorded Mail To: ) RECORDED REQUEST OF
) UNION LAND TITLE COMPANY
POWAY MUNICIPAL WATER DISTRICT ) M
Post Office Box 348 ) Nov 6 8.00AM'79
Poway, California 92064 ) OFFICIAL RECORDS
'341 DIEGO COUNTY/ CALIF.
NI-11'1.. A v e t, S-- (e :_�.1.. ) RECORDER
SUBORDINATION AGREMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated January 18, 1978 , recorded in the Office of the County
Recorder of San Diego County, March 7 , 1978 File No. 78-089294 ,
and as owner and holder of the obligations thereby secured does hereby make
subject and subordinate the liens thereof to the Easement granted by
LESLIE J. and JOANNE K. GIBBS
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,
LESLIE J. and JOANNE K. GIBBS as Trustor,
AMERICAN SECURITIES COMPANY as Trustee,
and WELLS FARGO BANK 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: 9-25-79 BENEFICIARY:
WELLS FARGO BAj4K, N.A.
R/W # 2467-C
o
Exc. # 8 ! i
Proj . Connole F.H. BY:,tf ��fi_/�'_��
Extension "Vice President TITLE
BY: A24:117-1
Asst. Secretary TITLE
STATE OF CALIFORNIA, SS.
COUNTY OF San Diego
On 9-25-79 before me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared B. A. Nunes , FOR NOTARY SEAL OR STAMP
known to me to be the Vice President, and
H. Pettit , known to me to be
Assistant Secretary of the corporation that executed
the within Instrument, known to me to be the persons _
who executed the within Instrument on behalf of the `�' �` �E _�
H MARTIN ,
corporation therein named, and acknowledged to be that ' �f --
1 NOTARY PUBLIC. CALIFORNIA '.
such corporation executed the within instrument pursuant' ` .
to its by-laws or resolution of its board of directors . 2 SAN DIEGO COUNTY of
h
nI My Commission Expires August 23, 1983.
41.0. 1.4.- --.. ",....+ ,�`W W1
123 CAMINO DE LA REINA
SAN DIEGO, CA. 92,1}78
01A— — '
Signature of Notary
t)LIi
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO
NAME
STREET
ADDRESS
CITY
STATE
ZIP This space for Recorder's use
Tax Parcel No. 317-241-43 NO DOCUMENTARY TRANSFER TAX NO FEE
EXHIBIT "A"
GRANT OF RIGHT OF WAY
LESLIE J. GIBBS and JOANNE K. GIBBS, husband and wife as joint tenants
, as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by POWAY MUNICIPAL WATER DISTRICT, a public 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 30..00 feet in width 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 but not limited to facilities for power trans-
mission 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 in-
gress thereto and egress therefrom,to and along said right of way by a practical route or routes in,upon,over and across the here-
inafter described lands, together with the right to use said right of way for 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:
The most Westerly parcel of land included within the boundary of Record
of Survey Map No. 5440, filed in the Office of the County Recorder of San
Diego County, April 18, 1960, being that portion of the Southwest Quarter
of Section 23, Township 14 South, Range 2 West , San Bernardino Base and
Meridian , in the County of San Diego, State of California , according to
United States Government Survey as described as Parcel 4 in deed to John
E. Miller, recorded December 1 , 1964 as File No. 217746 of Official
Records.
11Y4XXVE'XXXiXiXiSaid casement of right of way in the aforesaid lands is part ii ularly described as follows: t) f�j//O/
• )
The Southerly 30.00 feet of the property described above.
•
Grantor and their successors in estate shall not erect or construct,or permit to be 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 cut and clear away any trees and brush whenever in its judgment the same shall be 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 their successors or assigns,shall not increase
or decrease,or permit to be 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.
3n 1iinraB llhrrrnf. the Grantor s have executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness
TAX PARCE1, NO. 317-241-43 _
R/W No. __ 2467-.
DRAWN BY _
CHECKED BY — _
ACCT. NO- C-P03-285-00 _ NOTARIES—USE PROPER FORM ON BACK.
DATE September 12, 1979/jig
R/W-Grant•Form 8101 -6
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23
SEC T/ONli,• 2 In /
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L INE EASEMENT
Project: CONNOLE F. H. EXTENSION
References: PLAT C.A.N. C-P03- 285.00
of easements required by the R/W # 2467-C
Poway Municipal Water District Tax Par. 3/7-24/-4 3
�� Base Map /
„ , Date : SEPT. 124 /979
Scale: / = zoo con-suiting artoi lssf■ / .rc.,u.cts