HomeMy WebLinkAboutCT 90-15; Aviara Land Associates LP; 1992-0591495; Subordination Agreementmo?D G W3:JFSCE.B 0%
h-g 9 186 5 RY AND OC # 1992-0591495
WHEN RECORDED MAIL TO: 1 17-SEP-1992 03-59 PPI I CITY OF CARLSBAD i 1200 Carlsbad Village Drive ) OFFICIAL RECORDS
Carlsbad, CA 92008 ) SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER //Is/u-to rrrr . n nn Space above this line for RecbFKerIs usg.""
Carlsbad..:l%act Fo,. 90-15 Unit No. 2, in thB. City .of Carlsbad,
County of Sac Mego,. Seate of California, ,a~dc&~t 'to Map thereof ~,, , ,,: ;:,~~,,, ,,
NO. 129 To,.',: kclea :in ,the, office of:&e':C&unty Recorder of the
,199L said
utility easement '&& ..pareiQul&ry described as public
utilities, ingress and egr&s'Sas &it recorded on June 1, 1990 as
File No. 90-298175 of Official Records of San Diego County; and
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county of Sari tieg+r ~ SW~YBER. IV+L
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WHEREAS, Owner has executed, or is about to execute said Map
and, as grantor, offers dedication of Rights of Way, on said Map in
favor of the City of Carlsbad as grantee, herein referred to as
rlCity,lv 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
AgreeD?tlts\M;-ZB.frm 1 Rev. Ol/lO/91
- 1 8 64
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 said land vfi$C&$s:Un ionally prior and superior .,: ,,.
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n::bf::.me': mutual benefits
va~~ab~~~leonsideration,
o'w2deratioh is hereby
acknowlqidqkd; &din order to induce City to akcept' sa%&: dedication
above r@ie&&:~U&, it' is hereby debi&ed, undefstood'ahd agreed as
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f0llOWl;li .' ~~ ; ', . . , ., .
..,.~ .. ~., ,. . ,. ,, .~':~~ l,,,~:' 'That said' 'dedikatibn in :'favoii:;oE ,':e$ty shall
' ~ . . ,.~.',;. ,":;'. ~~::'~..,. uncond&$onally'be atl& reitain at all ti&&. a cha:ge &&~e property
therein.'&a$&+b&t$, prior and sugkrior t& 'the uti?&ty ~ eaiement above
mentioned. : ~ ~
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2:,,., *iaetw& . ,, ity would not a&$f!said:Uedication above
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described (rtiijn' .Kgreem?nt. ,
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agreement Bi.natlon 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
AgreaentsW-2ULfn 2 Rev. 01110191
3 Rev. OlllOlPl
1
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.. 3. An erldorsement 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.
Executed this /! day of dOf%'f?&?&. ,19_4c.
EASEMENT HOLDER: OWNER :
Aviara Land Associates Limited
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Daniels Cablevision. IW.. .' ''".
,, .,, , , ., , Partnership, A Delaware Limited
,, -Pattnershiu, formerly Pacific
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 asslstant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
City Attorney
/70A/4LD R. BALL
By : Deputy City Attorney
AgreemmtsW-24B.fn 4 Rev. Ol/l0/91
.. - 16-9
On per aersonally bown to - ewidsace) to be the person (SI whose name :Is 1 ware subscizbed to &e. within insL=nt and acknowledged to me that 'lre.@e/they executed
-/their signatures (5) on the ing-nt the persons(s), or the en- the same in their authorized capacity. (ies) , and that by -/
tity upon behalf of which the person (s) acted, executed the instru- ment.
.
WITNESS my hand and official seal.
Signature
(Seal 1
State of California
county of 5?hJ 3lL;tio
.
On 7)eCO4bC/ 4 ! f 99 ( be€ore-m, .bUl/k & . 8 36Uy&
personally appeared D. L. L/h4"5 i- TEA L. #OD&& personally known to -me ((
sddence) to be the person (s whose name Is) &/are subscirbed to the. within instrument and acknowledged to me that-hfsh/they executed the same in -/their authorized capacity. (ies), and that by his/ her/their signatures (5) on the inmment the persons(s), or the en-
ment. tity upon behalf of which the person(s) acted, executed the instru-
WITNESS my hand and official seal.
Signature 4. B~MYFL
Y
(Seal)