Subordination Agreement 1975-066822 ) - /1/)
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,or recording the a rILE/PAGE BOOK 1975
) ached lnatrument. It ' RECORDED REQUEST OF
lJhen Recorded Mail To: ) co nectioev ina LAND TITLE INSURANCE CO.
) *momenta'Agency tra.
POWAY MUNICIPAL WATER DISTRICT ) auction. MAR 2 5 8:00 AMr75
Post Office Box 348 )
Poway, California 92064 )
OFFICIAL RECORDS
) SAN DIEGO COUNTY, CALIF.
�p�T 7Y i ) HARLEY F. BLOOM, RECORDER
SUBORDINATION AGREEMENT Mo FEE
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust dated September 14, 1972 , recorded in the Office of the County
Recorder of San Diego County, May 16, 1974 File No. 74-127651 ,
Uand as owner and holder of the obligations thereby secured does hereby make
a subject and subordinate the liens thereof to the Easement granted by
Wallace B. and Marthane J. Gardner •
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, _
Wallace B. and Marthane J. Gardner as Trustor,
Land Title Insurance Company as Trustee,
and Carl and Ruth H. Bartolacci 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: Wo, 5 , VV15 BENEFICIARY:
295748-R
C.r Bartolacci
#
R/W
Exc. 1 3 '
Proj . stone Lanyon ` t.2-7,—
Extension Ruth H. 'artolacci
STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO SS.
On February 5 , 19 /5 before me, the under
signed, a Notary Public in and for said County and State,
personally appeared Carl Bartolacci and Ruth H. FOR NOTARY SEAL OR STAMP
Bartolacci
, known to me
to be the persons whose namea aresubscribed to the
within instrument and acknowledged that they executed
the same.
Ia, OFFICIAL SEAL I
• `'.' EVIA L. POWELL '
IA
a( ~! NOTARY PUBLIC-CALIFORNIA
QY' SAN DIEGO COUNTY t
" r.? My Commission Expires Aug.15.1976 t
11811 Totaefo n Read, Poway. CA Mee
L.T L
L-SaSiSk
Signature of Notary
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AA,
� • 1267 •
GRANT OF RIGHT OF WAY
WALLACE B. GARDNER and MARTHANE J. GARDNER, husband and wife
, as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by....FOWi X.NUN .WAT.ER.DI.STRIGT.�..a..p.Ub.l iC..c.o.Tp.o.zat i o.n
as Grantee,receipt whereof is hereby acknowledged,do hereby grant to said
P OWAY MUNI.CIPAL...��AT. .�
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 transmission
and communication purposes,at such locations and elevations,upon,along,over and under the hereinafter described right of way
as Granter may now or hereafter deem convenient and necessary from time to time,together with the right of ingress thereto and
egress therefrom, to and along said right of way by a practical route or routes in,upon,over and across the hereinafter describe4
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: •
All that portion of Lot 1 of Fractional Section 35, Township 13 South,
Range 2 West, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to the United States Government
Survey thereof described as follows:
BEGINNING at a point in the East line of said Lot 1, distant thereon
North 0°13'32" East, 60.01 feet from the Southeast corner of said Lot 1
being also a point in a line drawn parallel with and distant 60.00 feet
Northerly at right angles from the South line of said Lot 1; thence along
said parallel line, North 88°51 '31" West, 401.03 feet; thence North 0°13'32
East, parallel with the East line of said Lot 1, a distance of 564.12 feet
to an intersection with the South line of the North 16.37 acres of said
Lot 1 ; thence along said South line, South 89°09'48" East, 401.00 feet to
the Southeast corner of said North 16.37 acres, being also a point in the
East line of said Lot 1; thence along said East line South 0°13'32" West
566.26 feet to the Point of Beginning.
E )CN I BIT A
Di',tlicirr,C:C.IZISaid easement of right of way in the aforesaid lands is particularly described as follows
A strip of land 20.00 feet of even width, the center line of said 20.00 foot , :
c,; rlP atrin of land being, described as follows: *.
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••. • 1268 •
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maricamomsaid easement of right of way in the aforesaid lands is particularly described as follows:
A strip of land 20.00 feet of even width, the center line of said 20.00 foot
wide strip of land being described as follows:
Beginning at a point on the Southerly line of the property described above,
distant thereon North 88°51 '31" West 164.95 feet from the Southeast corner of
said property; thence North 7°04'44" East 267 .77 feet.
.
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Grantor and.th.eix successors in estate shall nor 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 cur 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..th. i.X...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 Witnrss ihrrrnt. the Grantors haVe executed these presents this day of 19
Executed in the Presence of:
Witness.
Witness.
• I.
R/\X/ No. 295748-R
DRAWN BY JA P •
CHECKED BY we• --
ACCT.NO. C-P03-163-00 NOTARIES—USE PROPER FORM ON BACK.
DATE January 3, 1975/dg
R/W•Grant-Form 8101-6
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Tax Par. u 275- X31- 13 1
PLAT
of easements required by the
Poway Municipal Water District
C.A.14. C-P03-/a03-00 E
Prepared by: STONE CAA/YDN RD. ..E)(7-5/1.51,.0 AR/l•! # 2g574.0-R
Date: 1-3-75
Boyle Engineering Corporation r