Subordination Agreement 1991-0347692
Recording Requested by:
City of Poway
and When Recorded Mail To:
CITY CLERK'S OFFICE
CITY OF POWAV
POBOX 789
POWAV CA 92074~789
ore ": 1991-0347692
16-JUL-1991 08=14 AM
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
FEES: 0.00
2155
SUBORDINATION AGREEMENT
The undersigned, is Beneficiary under a Deed of Trust dated September 16, 1988, recorded
in the Office of the County Recorder of San Diego County, September 27, 1988, Instrument
Number 88-487343, Beneficiary, as owner and holder of the obligations thereby secured,
does hereby make, subject, and subordinate the liens thereof to the Easements granted by
Donald and Roberta Anderson to the City of Poway (attached hereto as Exhibit A to this
Agreement). 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 easements, and
said easements shall be paramount and superior to the rights of any purchaser under a
foreclosure of said Deed of Trust.
Said easement was recorded May 23,1991, File No. 91-0243417 in the Office of the County
Recorder of San Diego, and affects the real property described in said Deed of Trust.
The undersigned Beneficiary of said Deed of Trust 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
easements, 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 upon,
and the execution of Beneficiary of, this waiver, relinquishment, and subordination,
Date: June 24. 1991
Beneficiary: Western Financial Savings Bank
Barbara J. ling
Vice President
By: (
Lorraine T. Higgins
Assistant Vice President
~
. ALL.PURPOSI ACKNOWLEDGMENT
State of California
County of Orange
On May 22, 1991
DATE
before me.
} 2156
Donna L. Sligar
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC'
personally appeared Barbara J. Darling and Lorraine T. Higgins
NAME(S) OF SIGNER(S)
ia personally known to me - OR . 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
orthe entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
OFFICIAL SEAL
DONNA l. SLIGAR
Notary Public - California
ORANGE COUNTY
My Comm, Exp. Sept. 20, 1994
~t7f
NO 209
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAl(S)
IOCCORPORATE Vice President
OFFICER(S) Assist" P
TITLE(S)
o PARTNER(S)
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o SUBSCRIBING WITNESS
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSQN(S) OR ENTITY(IES)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it co Id prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document Subordination Agreement
MUST BE ATTACHED --r ') 4 \'10 I
TO THE DOCUMENT Number of Pages 4 Date of Document --..J U Y\ e q- I -( \
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
SIGNATURE NQrAR
@1991 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAV8.' P.O. Box 7184-Canooa Park, CA91304-7184
~. '
--- Exhibit A
2157
..E ORIGIHAL OF THIS OOCUMEHT
WAS RECOROEO ON 23-MAY-l~91,
DOCUMENT NUMSER 1991-0243417.
AHHETTE EVANS, COUHTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFFICE
APN 321-330-05
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(This space for Recorder's Use)
NO DOCUMENT TRANSFER TAX NO FEE
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
CONFORM:D COPY PLEASE
GRANT OF EASEMENT
SEWER PIPELINES & APPURTENANCES
Donald A. and Roberta L. Anderson, (hereinafter "Grantor") hereby grants to
the CITY OF POWAY (hereinafter "GRANTEE), Its successors, or assigns, the
following described easement for a right-of-way 10 feet in width in, upon,
over, under and across the lands described below, to erect, construct,
reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any
and all purposes, together with fixtures and appurtenances, at such locations
and elevations, upon, along, over and under the right-of-way described below as
GRANTEE may now or hereafter determine in its sole discretion without any addi-
tional compensation therefor, together with the right of in9ress and egress
from the easement by a practical route or routes In, upon, over or across the
land described below, together with the right to use this easement for access
to GRANTEE's rights-of-way situated in adjacent lands, without any additional
compensation therefor.
The land encompassing this easement is situated in the County of San Diego,
State of California, and is more particularly described as follows, to wit:
Lot 3 of Espola Verde Map No. 7570 in the City of Poway, County of San
Diego~ State of California.
Said easement of right-of-way in the aforesaid lands is particularly
described as follows:
The Westerly 10.00 feet of Lot 3 of Espola Verde according to Map
thereof No. 7570 in the City of Poway, County of San Diego, State
of California.
/
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2158
GRANTOR, its heirs, successors and assigns shall not erect or
construct or permit to be erected or constructed any building,
or structure or improvement within said easement without the
express written approval of the City of poway as evidenced by the
signature of the Director of Public Services on an approved plan.
GRANTOR, its heirs, successors and assigns shall not dig or drill
any hole or wells on any portion of the easement.
GRANTEE may use all gates and fences which, now or later, cross
any port1on of the easement. GRANTEE shall also be entitled to
trim, cut, or clear away or remove any trees, brush, or other
vegetation or flora from time to time as GRANTEE determines in
its sole discretion without any additional compensation, upon
reasonable notice.
GRANTOR agrees that no other easements shall be granted on,
under, or over this easement without obtaining the prior written
consent of GRANTEE.
GRANTEE may at any time, change the location of pipelines or
other facilities within the boundaries of the easement right of
way, or modify the size of existing pipelines or other
improvements as it may determine in its sole discretion from time
to time without paying any additional compensation to GRANTOR or
GRANTOR's heirs, successors, or assigns, provided GRANTEE does
not expand its use of the easement beyond the easement boundaries
described above.
CAT. NO. NN00627 Attachment to "GRANT OF
TO 1944 CA (9-841
EASEMENT" dated 1-22-90
go TICOR TiTlE INSURANCE
\NTOR
(Individual)
STATE OF CALIFORNIA
COUNTY OF San Diego
On Januarv 22, 1990
said State. personally appeared
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the
~hich
Lng
before me, the undersigned. a Notary Public in and for
Donald A. Anderson and Roberta L. Anderson - - - -
~r or
Ig,
- - - - - - - - - . per.;onally known to me or
proved [0 me: on the basis of satisfactory evidence [0 be
the person_ whose name s are subscribed to the
within instrument and acknowledged that they exe-
cuted the same.
WITNESS my hand and official seal.
Signature
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OffiCIAL SEAL
P. SUE UGALE
NOTARY PUBLlC.CALlfORNIA
SAN DIEGO COUNTY
My Commission Expires J", 5, 1992
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