HomeMy WebLinkAboutCT 90-15; Aviara Land Associates LP; 1992-0591496; Subordination AgreementRECCG->!C; REGNESTED ay -,
A JlLE CO
WHEN -*D RECORDED MAIL TO: j ) 18 70 17-SEP-1992 D~L # 1992-0591496 03'59 PPI
CITY OF CARLSBAD i ^".".. """" 1200 Carlsbad Village Drive ) UttILIAL KUUKUh
Carlsbad, CA 92008 ) SBN DIEGO COUNTY RECORDER'S OFFICE
11017 2-1 0 hNNETTE EUElNS t COUNTY RECORDER Space above this line for Rec&hr's us&.dO
SUBORDINATION AGREE?fENT
NOTICE: THIS SUBORDINATIONAGRE~WTRESULTS IN THE OFFER OF DEDICATION TO THE CITY OF CARLSBBD, 'OF. RIGHTS OF WAY
1952 by
cp, '&%aware Limited
&a hereinafter
referre$,tc) .'as ,4fOpert1, .and the D.aniels Cablevision, Inc., a
Delawa?&,&osgoi&ion holder of an utility easement lzecarded in the
office_Gf. the t;aunty Recorder as Document No. '90-29g.i75 0% Official
Records,'l,~i~~~~fter ~~.~ ' referred to as ltutility ea&ii~ien%~~ covering
&,~ &n &&,rt and Nightshade: Drive as 'si& on City of
Carlsbad.":Tra~t::Wo. 90-15 Unit No. 3,' .in the- City. -of Carlsbad,
County of 'San 'Dikcjo,:, State of California,, a+ording $0 Map thereof
NO. 129 71 ,:-,filed 'in'Qa office of'tiie'cocnty Recorder of the
,199z said
utility easement "lking , $&&!. +ar&dirX+, ~ described as public
utilities, ingress and egress'kasement~ recorded on June 1, 1990 as
File No. 90-298175 of Official Records of San Diego County: and
1:..
,.
., .. . ... .,,
., ,, ', ,
... ,.. ,. ',
,, . ,,., ,.,
,~~;'~ ..
~~ , .I*". . . " - -. .., ~. .- -.
,, L .:
, .,. ,, ,,., ,1
,, ,, ,.'
County of Sari ~~~~o,,' qh. '~, SDP*WB& ~~, '17, ti. :,,
,, ,,.. .,, ,
~ ..( ., ;, , . .. ., ,,,,
'~ j,/'
, ,*,,, .,, ,' ~.~,~,.~ , ., ,,'(_ .
~ .,.:::'.
WHEREAS, Owner has executed, or is about to execute said Map
and, as grantor, offers dedication of Rights of Way, on said Map in
favor of the City of Carlsbad as grantee, herein referred to as
lCity,nf creating Rights of Way as shown on said Map; and
WHEREAS, City is willing to accept said offers of dedication
provided the dedication is a charge upon the above described
property prior and superior to the utility easeaent above mentioned
Ag-tsW-24B.fn 1 Rev. 01/10/91
and provided tnat the Daniels Cablevision, Inc. will specifically
and unconditionally subordinate the portions of said utility
easement located within those portions of said Map that include
areas offered to City as dedications for rights of way; and
WHEREAS, it is to the mutual benefit of the parties hereto
that City accept said dedication and the Daniels Cablevision, Inc.
is willing that the dedication shall, when recorded, constitute a
charge upon said land whK&,'!&:u itionally prior and superior
to the uti1
I ,::: .,
:,mutual benefits
accruing %e- Vaibab$+ eonsideration,
the rece&k ansideration is hereby
acknowledged, '8riU'in order to induce City to accept :&id dedication
above &erred. to, it is hereby -declared, undersiood 'aM agreed as
~~.~ ~..:::,
,.
,.
,...,,
,, ,.
fOllOW&~. ' , ,
,, '.
,. ', ,::::' ' ~ ((, , ,. ,.,
,,,
, , .' .' 1.. ':'(%'hat said dedication ','. ,.:~; in '~favor.',:af:.:~~~ity shall
uncond&&i&i,ly be. &. reqain at all ti s ,a"chdq~"& '& property
therein 'dascribed, piior' and superior' t<'%hhs utility &kement above
mentioned,, :.
, ,' '... ',,, ~
.. .,.
,, ., .,
.. , ,.. ,. .. ,: ,, ., .. ,
', ,, ,, , ,. ,
., ,,
'. . z;. , , ' , e.., e,City would not a&ep%-'said kidication above ,, , ,.. I),
described wit&& thig. +&inb%za~. ag+eeientc . ':
,, , .. .~, .
sl&l ;.&"the whole and only
agreement with reg i&t"ion 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
forthe subordination of the dedication thereof to another interest
in the real property therein described.
,, ,. .,
, ,; -,...~~,
.., ' , .,
The Daniels Cablevision, Inc., declares, agrees and
Agreemmto\lG-24B.fn 2 Rev. OlllOlPl
_.
1872
3 Rev. 01/10/91
,-. 1873 -.
3. An elldorsement 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 13 day of d’kmki$6k ,19*.
EASEMENT HOLDER: OWNER:
Aviara Land Associates Limited
-.~;~:;~.. , .~ . ~ ~~.~ Partnership, A Delaware Limited
By: By : Ted L. Hoover, Assist. Swre&ir/
must be attached) (Proper notarial acknowledgement of execution by EASEMENT HOLDER
must sign for corporations. If only one officer signs, the (President or vice-president and secretary or assistant secretary
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: P. RoMALD 4. 8ALL City Attorney
By : Deputy City Attorney
4 Rw. 01/10/91
.^
State of CkLifornia
1 county of /P&O
within instrument and acknowledged to me that ?n&$hq/they executed
mUeae&- to be the person(s) whose name Is) ware subscizbsd to &e.
the same in Wbqltheir authorized capacity (ies), and that by -1 */their signatures (5) on the ios-nt the persons.(s) , or the en- tity upon behalf of which the person(s1 acted, executed the inst-ma- ment .
WITNESS my hand and official seal.
n (Seal 1
State of California
County of 5AJ BICb
-
within instrument and acknowledged to me that-h&she/they executed e&desce) to be the person (s) whose name Xs 1 -k/are subscirbed to the.
the same in &h4mT/their authorized capacity. (ies) , and that by his/ her/their signatures (s) on the in&x.ument the persons (9) , or the en- tity upon behalf of which the person(s) acted, executed the instru- ment.
WITNESS my hand and official seal. (Seal