HomeMy WebLinkAbout; Aviara Land Associates LP; 1992-0591494; Subordination AgreementCITY OF CARLSBAD
1200 Carlsbad Village Drive ) OFFICIkL RECORDS Carlsbad, CA 92008 ) SAN OIEGO COUNTY RECORDER'S OFFICE
110/20 - io (rNNETE"L COUNTY WER Space above this line for RecQmer's us4,OO
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN THE OFFW OF DEDICATION TO THE
aha hereinafter
referred-,.to ,as ('Owner", and the Daniels Cablevision., Inc., a
De1aware':ijorporation holder of an utility easement re&rded in the
off ice bT: tlie County ., Recorder as Document No. 90-29iii~'tif Official
Records h&?&&fter referred to as "utility ede&entn' covering
Caspian '≠'& :bhobM'oh %ity of Carlsbbd Tract I@. 90-15 Unit No.
1, in tBe.'jXfty:''of Caslsbad, County 'of Sah ' DikgO, State of
California, :+c@&rd$ng to Map thereof NO. . fz")bq ' , .filed in the
office of tw''i!di+y Rbewder of the Cd&rt$ Qf $m' Diego, on -
,c: 199.i?-" , ~. ' ., , !ia.ih~ utilLty'(ka6ement being more
particularly descr2h;W::& pwlic' Utilf&i~&i,' ingress and egress
easement recorded on June'l;'"~59~'8s::Fi~e No. 90-298175 of Official
Records of San Diego County; and
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WHEREAS, Owner has executed, or is about to execute said Map
and, as grantor, offers dedication of Riqhts of Way, on said Map in
favor of the City of Carlsbad as grantee, herein referred to as
8fCity,1r creating Rights of Way as shown on said Map; and
WHEREAS, City is willing to accept said offers of dedication
provided the dedication is a charge upon the above described
property prior and superior to the utility easement above mentioned
Agree8entsUG-24E.fn 1 Rev. 01/10/91
I 186 1,-
and provided that the Daniels Cablevision, Inc. will specifically
'and unconditionally subordinate the portions of said utility
easement located within those portions of said Map that include
areas offered to City as dedications for rights of way; and
WHEREAS, it is to the mutual benefit of the parties hereto
that City accept said dedication and the Daniels Cablevision, Inc.
is willing that the dedication shall, when recorded, constitute a
charge upon Dally prior and superior
to the uti1
ual benefits
consideration,
n is hereby
acknowledg&&, 'end in order to indace City to ab&pt.daid: dedication
above r&&r$&cl. &, it is hereby 'declared, understood agreed as
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,, ' ., .,, , , . ,,. .-,, uncondif&OneXly be, &Ad rentain at all timk a charge'on the property
therein '&e&ri$ed, p&r' and superior ,e0 ,the utility ea&ment above
mentioned. .', :I ;
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, ',,. ', . '. . ,. City woald not wzcebt'said :&dication above .,
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described wikhuut fh& ,. 46 j++ihxC&irekmknt; . '
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~ O((' ,' ' 3. Th&g: : thi. ~g&&t ;, shill ~ be .the whole and only
agreement with regard~.W':fil$ct:: cjriSYfiation of utility easement
above mentioned to the dedication in favor of City and shall
supersede and cancel, but only insofar as would affect the priority
between the utility easement and dedication hereinbefore
specifically described, any prior agreement as to such
subordination including, but not limited, those provisions, if any,
contained in the utility easement above mentioned, which provide
for the subordination of the dedication thereof to another interest
in the real property therein described.
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The Daniels Cablevision, Inc., declares, agrees and
AgreemmtsW-248.fn 2 Rev. 01/10/91
-
acknowledges tnat:
186b
3 Rev. 01/10/91
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- 1863,
3. An endorsement has been placed on the utility easement
above mentioned that said utility easement by this instrument is
subordinated to the charge of the dedication in favor of City
above referred to.
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Executed this /-? day of NO)/fAbfA I 193L.
EASEMENT HOLDER: OWNER:
Aviara Land Associates Limited
' I Partnership, A Delaware Limited , formerly Pacific
By : By :
must be attached) (Proper notarial acknowledgement of execution by EASEMENT HOLDER
must sign for corporations. If only one officer signs, the (President or vice-president and secretary or assistant secretary
corporation must attach a resolution certified by the secretary or
bind the corporation.) assistant secretary under corporate seal empowering that officer to
City Attorney n
By : 0 / /L-
' Deputy City Attorney
Ag-tsUC-UB.fn 4 Rev. OlflOf5'l
1864
State of CaliZoda
On per 2ersonally known to
sa&3-e& to be the person (SI whose name Is ) %/are ~ subscizbed to &e. within instrument and acknowledged to me that wm/they executed the sama in hwh&q/their authorized capacity (ies), and & h&/
-/their signatures (SI on the ins'hnrunent the persons. (SI, or the en-
ment . taty upon behalf of which the person (s ) acted, executed the inst=-
WITNESS my hand and official seal.
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(Seal)
Signature
State of California
County of 5AJ am+
On kCel.rh.?E~ qi' 179 I before-me, LhOA A' QbYcG personally appeared ; e5 c
personally known to me Wvad t+
avie) to be the Person (s 1 whose name :Is 1 Ware subscirbed to the. within instrument and acknowledged to me that-/they executed
the same in -eir authorized capacity. (ies) , and that by .&& -/their signatures (s) on the in-ent the persons(s), or the en-
tity upon behalf of which the person(s) acted, executed the instru- ment.
WITNESS my hand and official seal.
'I
(Seal