Subordination Agreement 1976-033401 )
• • )029 ) •
When Recorded Mail To: I 5l ) 742 -0 334° I
2- - 14 -7(G
POWAY MUNICIPAL WATER DISTRICT )
Post Office Box 348 )
Poway, California 92064 )
)
#f 'abatis 'i -
SUBORDINATION AGREEMENT
RECORDER:
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed Please make no charge
for recording the ett-
of Trust dated July 2, 1975 , recorded in the Office of the County,.hed inatccment. It
Recorder of San Diego County, July 15, 1975 File No. 75-182122 i, being recorded In
..{{ Lonnection with a Gov-
and as owner and holder of the obligations thereby secured does hereby maCernmentalAgencytra-
subject and subordinate the liens thereof to the Easement granted by naactlon.
Bert Mohling and Faith Mohling
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,
Bert Mohling and Faith Mohling as Trustor,
Continental Auxiliary Company as Trustee,
and Bank of America N.T. and S.A. 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 &nd the execution
by Beneficiary of this waiver, relinquishment and subordination.
DATED: December 23, 1)77 BENEFICIARY:
Bank of America N.T. and S.A.
R/w Ii 300454-R
Exc. # 8
Proj . EISENHOWER BY: -- Man-.Ter
Rd. Ext. ( "pi
TITLE
I
BY: /. ssistant Manager
TITLE
STATE OF CALIFORNIA, SS.
COUNTY OF San Diego
On :). o ;-1 v r 23lore me, the under -
signed, a Notary Public in and for said County and
State, Personally appeared L. M. sarn�at FOR NOTARY SEAL OR STAMP
aA known to me to be the :tanager 0/0440A4 and 011ie .
W. Pace, Jr. , known to me to be
Ass It. Manager 1:1410/9/Vof the corporation that executed
J'
�//klthe within Instrument, known to me to be the persons - - - - - -
who executed the within Instrument on behalf of the ' ; • OFFICIAL SEAL
WANDA P. GERWIG
corporation therein named, and acknowledged to be that m . ` r• NOTARY PUBLIC-CALIFORNIA
such corporation executed the within instrument pursuant SAN DIEGO COUNTY
to its by-laws or resolution of its board of directors. MyCommissionExpiresApr.12.'
r.
Signat.4rf Notary
DdC • 236
15EX//S/T ~A •
GRANT OF RIGHT OF WAY
BERT MOHLING and FAITH MOHLING, husband and wife
, 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 20.0Q 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 Grantee 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 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..D.i ego
State of California,and are particularly described as follows,to wit:
Lots 16, 17 and the South Half of Lot 18 in Block 23 of Tract E of Poway, in
the County of San Diego, State of California, according to Map No. 536, filed
in the Office of the County Recorder of said San Diego County on May 7, 1888,
together with all those portions of the alley in Block 23, as vacated and abandoned
by Resolution of the Board of Supervisors, of San Diego County, recorded June 19,
1957 in Book 6627, page 335 of Official Records , together with the Easterly Half
of Eisenhower Avenue adjoining said property on the West, as vacated and closed
to public use.
litilkYdeXXXXXIXSid easement of right of way in the aforesaid lands is particularly described as follows:
nn nn nnr*inn of thn ractarly Half of said Eisenhower
•
1531 •
•
Ik1jt)X-YiYo)iX<X&XsSid easement of right of way in the aforesaid lands is particularly described as follows:
The Westerly 20.00 feet of that portion of the Easterly Half of said Eisenhower
Avenue, as vacated and closed to public use, lying Westerly of, and immediately
adjoining said Lots 16, 17, and the South Half of Lot 18 in Block 23.
FILE►PAGE N' 6-033401
BOOK 1976
RECORDED REQUEST OF
LAND TITLE INSURANCE CO.
FEB 4 8:00 AM'76
OFFICIAL RECORDS
SAN DIEGO COUNTY. CALIF.
HARLEY OM
RECORDER
NO FEE
Grantor and..the 1 r...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...tti ..r..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.
3tt WRihtr:tn TTlhrrrttf. the Grantor.S 11t;�ve executed these presents this '3 day ofdyh-1`W , 19 �S
Executed int Pt/i _ /
141,
Witness.
1119./A IX?
• Witness.
AX PARCEL NO. 314- -11 (Dor. )
R/W No. 300454-R
DRAWN BY JAP
CHECKED BY
ACCT. NO._ C-P03-199-00 NOTARIES—USE PROPER FORM ON BACK.
4. _ DATE December 12,_ 1975/srn
RJW-Grant Fnrm B101 -6