Subordination Agreement 1980-107074 411r
BOOK 198 gG-1c7O74
UN wlE/P
�Uv��1 RECORDED REQUEST OF
RECORDING REQUESTED BY: ��i11� �7 ile Jil�lll Q11CC �0•
POWAY MUNICIPAL WATER DISTRICT MAR ZB 9 32 �� �aQ
WHEN RECORDED MAIL TO:
OMCIAL RECORDS
SAN DIEGO COUNTY.CALIF.
NAME POWAY MUNICIPAL WATER DISTRICT VERAL LYLE
RECORDER
ADDRESS POST OFFICE BOX 34:• RECORDER:
CITY POWAY CA 92064 }orr recoding the at
STATE ached instrument.
IS being recorded
ZIP N O F E E
Connection with a Go THIS SPACE FOR RECORDERS USE
12111111104441
.:"'INATION AGREEMENT
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust
dated September 4, 1979 , recorded in the Office of the County Recorder of
San Diego County, September 13, 1979 File No. 79-382780 , and as owner
and holder of the obligations thereby secured does hereby make subject and subordinate
the liens thereof to the Easement granted by JERRY LEE and PHYLLIS JOAN MORRIS,
MARTIN A. LOTZ, RUSSELL L. and SHARON DUNCAN, and BILLY J. and PATRICIA A. DENDY
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, JERRY LEE and PHYLLIS JOAN MORRIS, MARTIN A. LOTZ,
RUSSELL L. and SHARON DUNCAN, and BILLY J. and PATRICIA A. DENDY
as Trustor,
and
CONTINENTAL AUXILIARY COMPANY as Trustee,
and
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION
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: BENEFICIARY:
R/W 44 321335-R BANK OF AMERICA NATIONAL TRUST
Exc. # 12
Proj . T.P.M. 15622 F.H. Ext. AND SAVINGS ASSOCIATION
,BY: /� J
TITLE
BY:
TITLE
STATE OF CALIFORNIA,
COUNTY OF SS.
San ntPgn
On Tom, ry 3O,1gR0 before me, the under-
FOR NOTARY SEAL OR STAMP
signed, a Notary Public in and for said County
and State, Personally appeared R.O. Anderson
known to me to be thelaall vj cind
FarQm.n , known to me to be
• kSRRX of the corporation that
execute t e wi hin Instrument, known to me to be oFFIr:'At, SEAL t
the persons who executed the within Instrument on , ar—:�1.a:. ^AT DIIsT
behalf of the corporation therein named, and t ;fi}"- NC •• • - `.•`IFORNIA
acknowledged to be that such corporation • , : / SAN DIEGO My comm. expxp iress A.AUG 26, 1983
executed the within instrument pursuant to its - - - - - - - - - - - -by-laws or resolution of its board of directors.
SIGNATURE OF NOTARY
3ND.14
•
411 .
4IPECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
NAME
STREET
ADDRESS
CITY
STATE
ZIP This space for Recorder's use
Tax Parcel No. 323-190-70 NO DOCUMENTARY TRANSFER TAX NO FEE
EX1-1'Q/T *A "
GRANT OF RIGHT OF WAY
JERRY I.EF MORRIS and PHYLLIS JOAN MORRIS, Co-Trustees or Successor Trustees under Declaration of
Trust dated June 22, 1972, and amended February 2, 1977, MATIN A. LOTZ, a widower, RUSSELL L.
DUNCAN, husband and wife as Joint tenants, and BILLY J. DENDY and PATRICIA A. DENDY, husband and
wife as community property , as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by POWAY MUNICIPAL vamp. .DISTRICT,.._epubiie. 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 20.00 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:
Parcel 3 of Parcel Map 5782, filed in the Office of the County Recorder of San Diego
County, April 7, 1977, being a portion of the West Half of the Southeast Quarter of
the Northwest Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino
Meridian, in the County of San Diego, State of California, according to United States
Government Survey, approved February 24, 1876.
•
• • 227 S
QQC►Qaid easement of right of way in the aforesaid lands is particularly described as follows:
The Westerly 20.00 feet of the Easterly 91.00 feet of the Northerly 260.00 feet
of the Southerly 311.00 feet of said Parcel 3.
Grantor and their successors in estate shall not erect or construct,or permit to he 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.
Itlitnrae Thhrrrnf, the Grantor S have executed these presents this day of 19
Executed in the Presence of:
SEE ATTACHED EXHIBIT "A"
Witness.
Witness.
TAX PARCEL NO. 323-190-70
R/W No. 321335—R
DRAWN BY /0167
CHECKED BY
ACCT. NO. C—P03-278-00 NOTARIES—USE PROPER FORM ON BACK.
DATE August 29, 1979/jig
R/W-Grant-Form B101—6
228
PAR. 4
5.782
MAP
PARCEL
SEY4 OF NW/4.
Lu
cz
201.66'
r
N
Ql 9''
L
/
20-
Z /
Q / O N
O t O
N Q / 2 Q
/
/99.7G�
,r) POWA Y ROAD
N
INDICATES WATER
LINE EA5EMENT
Project: T. P. M. /5622 FH. EXT.
References: PLAT C.A.N. C-P03-278-00
of easements required by the R/W # 32/335- R
Poway Municipal Water District Tax Par. 323- 190- 70
Base Map 2
121 BOOR Entzfrom Inc Commotion
Date: JULY/6, /979
Scale: 1 = l0o cOn.ultlnq .noon...I ..crWt.ct■