HomeMy WebLinkAboutCT 89-37; Aviara Land Associates LP; 1994-0110723; Subordination Agreementr
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RECORDING REQUESTED BY AND' ) 1 8 7 7 WHEN RECORDED MAIL TO: City Clerk y CITY OF CARLSBAD )
Carlsbad, CA 92008
1200 Carlsbad Village Drive
OFF!fIRi RECORDS fdci DIEGO CWTY RECORDER'S OFFICE #jET;E EI)A#SI CEp$TY F:EC@9Ek FEES: Ei. 00
yr ,l.Jf
Space above this line for Recorder's use.
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sements more
particularly
of Official Records of y, hereinafter referred to
as "utility easements"; and
WHEREAS, Owner intends to dedicate easements, hereinafter
described as "public easementsgt, to the City of Carlsbad,
hereinafter referred to as lfCityal, creating easements on the maps
of the future subdivision of the lots within said Carlsbad Tract
No. 89-37, more particularly described in Exhibit "A", or intends
to dedicate easements to the City in conjunction with future
AGREEEMTSW-24C.Fkl4 -1-
1878
development of said lots; and
WHEREAS, City is not willing to accept said public
easements unless the easements are a charge upon the above
described property prior and superior to the utility easements
above mentioned and provided that Daniels Cablevision, Inc. will
property herein described, prior and superior to the utility
easements above mentioned.
2. That the City would not accept said easements above
described without this subordination agreement.
Daniels Cablevision, Inc., declares, agrees and acknowledges
that:
1. It consents to and approves the grant of easements in
favor of City.
AGIIEDEMTSW-24C.FRH -2-
c -
Y 1879
2. It intentionally and unconditionally waives,
relinquishes and subordinates the utility easements above
mentioned to the public easements in favor of City and
understands that in reliance upon, and in consideration of, this
waiver, relinquishment and subordination public easements are
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1880
3. The-?iver, relinquishment and .c )ordination referred to -
AND OWNER must be attached) (Proper notarial acknowledgement of execution by EASEMENT(S) HOLDEI
must sign for corporations. If only one officer signs, thc (President or vice-president and secretary or assistant secretaq
corporation must attach a resolution certified by the secretary 01
bind the corporation.) assistant secretary under corporate seal empowering that officertc
APPROVED AS TO FORM: RONALD R. BALL City Attorney
By : Q / l-
Y Deputy Cityattorney
AGREEENTSVG-24C.FiM - k.
STATE OF CALIFORNIA
COUNTY OF } S.S.
personally known to me (p
-)to be the person@) whose name(s)is/are subscribed 10 the
within instrument and acknowledged to me thatlrskkelthey executed
the same in kisllrerkheir authorized capacity(ies), and that bymrhheir
signature@) on the instrument the person@), or the entity upon behalf
of which the person@) acted. executed the instrument.
WITNESS mv hand and official seal
Signature
F 2492 15-911
1881
FOR NOTARY SEAL OR STAMP
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d,
.. ... .. ... .. .. .. County of-
personally appeared
Npemdw known to me - OR - u pro~ed to me on the basis of sati?rtactory weme
to be the person& whose namd(s) israM
wuysior-
... ......... : ............. .. ........... :.. .. .:. ..... .. ..... :. . .-
.... ..
WITNESS my hand and official seal.
.. .........
qparsonally known to me - OR - proved to me on tho basis of saUSfacrory evidence . . -
. to be the person@) whose name@) idare .. ...... ... ~
.. .... ............. .-. :j. ,: ..:. !, subscribed to the withii 'ulstnrment and ac- ......
.. ... .. ..
../- . knowledged to me that WsheAhey executed '+ "'" ' '
capacity(1es). and that by hislherltheir the same in hislherftheir authorized
signature(s) on the instrument the person@).
or the entity upon behalf of which the
person@) acted, executed the instrument
WITNESS my hand and offidal seal.
... .. _. ......... .. ........ ..... :: .. .. ....... .. ..... .. .... .. .... .. .. y ,. .. .,
EXHIBIT "A" . 1883
LEGAL DESCRIPTION
LOTS 1 THROUGH 9 INCLUSIVE OF CITY OF CARLSBAD TRACT NO.
89-37 AVIARA PHASE 11, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO.
DIEGO COUNTY SEPTEMBER 16, 1992, FILE NO. 92-588283. 12967, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
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