HomeMy WebLinkAboutCT 90-15; Aviara Land Associates LP; 1992-0591497; Subordination Agreementh
RECORDED MAIL TO:
AND '8'' 1 DOL # 1992-0591497
\ 17-SEP-1992 03n59 PPI
CITY OF CARLSBAD j 1200 Carlsbad Village Drive ) OFFICIBL RECORDS Carlsbad, CA 92008 ) SBN DIEGD CWNTY RECORDER'S OFFICE
li0 I7 3- IO ARNETTE EUANS, COUNTY RECORDER Space above this line for Recakr's us(B00
SUBORDINATION AGREEWENT
NOTICE: THIS SUBORDINATIONAGREEMENl'RESULTS
CITY OF
IN TRE OFFER OF DEDICATION TO TAE
BAQ: OF, RIGETS OF WAY
.,. I .... ,'
Partnersl&'.'ownd$.bf the lafid 'hereinafter described 'mid hereinafter
referr@'!to 'a$:':nOwnerll, and. the. Daniels eabl.evi&Tn, Inc. , a
Delawa&:C&&ation holder of an utility easement rewxded in the
officq'.bf the bounty Recorder as Docunient No.' 90-298175'0f Official
Records.'.~~~~?inafter referred to as %tility ea$ fitai covering
Curlew'T~~r~~~,':dull:~~~rt . . .. "". _" ~. and Nightshade Drive' k'kh&' on City of
Carlsbad .$ret :SO. 90-15 Unit No. 4, in the City, of Carlsbad,
County of'san, 'iii&.go,:.State of California, aCtio&in$to Map thereof
NO. /2972'';, ', filed ~fn .we '..,, office oe.tbe:,c&nty :Recorder of the
County of San ~iw,,, OR:. ~ ;3ek~r3~lp ,/7,7. ~' ,1992 said
utility easement .%rig' :%o?S: pargiqu$?Fly. described as public
utilities, ingress and egr@ss'ka&@merit recorded on June 1, 1990 as
File No. 90-298175 of Official Records of San Diego County: and
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WHEREAS, Owner has executed, or is about to execute said Map
and, as grantor, offers dedication of Rights of Way, on said Map in
favor of the City of Carlsbad as grantee, herein referred to as
ftCity,18 creating Rights of Way as shown on said Map; and
WHEREAS, City is willing to accept said offers of dedication
provided the dedication is a charge upon the above described
property prior and superior to the utility easement above mentioned
ApreementsUIG-24B.fn 1 Rev. 01110191
I.
P AS 76
and provided bat the Daniels Cablevision, Inc. will specifically
and unconditionally subordinate the portions of said utility
easement located within those portions of said Map that include
areas offered to City as dedications for rights of way; and
WHEREAS, it is to the mutual benefit of the parties hereto
that City accept said dedication and the Daniels Cablevision, Inc.
is willing that the dedication shall, when recorded, constitute a
charge upon said land .Whidll:.'~::~~&~~tionally prior and superior
to the utili
,(( ,,*,. .,
.. . ..,, , .
':.mutual benefits
uab'I$ consideration,
is hereby
ia dedication
above re€eri%d GO, it is h&ebl. ,declared, dndefstood aha agreed as
followas?;: ,. , , ,' ..,:
.,
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.,
,. ,, ,'.:;% ,, 1.. -'''That said dedication in.':fav&:. of..''&ty shall
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uncondi&&xiaql$ be &&I remain at all tinies a'chdrtgk'on.tiire property
therein-deacrikkd, prkir ,and supLrior to'khe ueility &dement above
mentioned-...:: ~'~~ .. ' . ~
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,, ,. .,
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,, .. '..,, 2,. :.: Tb&e: *( ,, e City would not q@iipk:said ..,, . ,, ication above
described witko
3. he whole and only
agreement with 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.
,. ',
The Daniels Cablevision, Inc., declares, agrees and
Ag-sw-2m.rm 2 Rev. OlllOlPl
h - 1377
acknowledges tnat :
1. It consents to and approves the dedication in favor
of the City.
2. It intentionally and unconditionally waives,
relinquishes and subordinates the utility easement above mentioned
to the dedication in favor of City and understands that in reliance
upon, and in consideration of, this waiver, relinquishment and
subordination of the , gr&itrt:~4il?-et?s nt the dedication is being
created and ligations are being
and will be Eirties which would
.”(,~~~ .“~i..(. 11
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not be mad on the waiver,
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“sW-24a.fm 3 Rev. 01110191
1878
P - 3. An eodorsement 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 dOY"hk& I 19%.
EASEMENT HOLDER: OWNER :
Aviara Land Associates Limited
.,,. . ' ., ., ., ., , .,., ,,,,, '. .','. # . ', . , ,
.' ~..",' ,~.~
~ ~: X'ssist. Secretary
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(Proper notarial acknowledgement of execution by EASEMENT HOLDER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or
bind the corporation.) asslstant secretary under corporate seal empowering that officer to
APPROVED AS TO FORM: p. ROM~LO 13. 04LL
City Attorney
By: y Deputy city Mtorney
Agreemltsw-21B.fn 4 Rev. 01/10/91
.. ;., . . State of CaLifo .
county 05 72 A/fS, - .,
w/their signatures (SI on the insknument the persons.(s), or the en- tity upon behalf of which the person(s1 acted, executed the inst," ment .
WITNESS my hand and official seal. - (Seal)
Signature
State of California
&&&ace)- to be the person (s) whose name :(s Ware subscirbed to &e. within instrument and acknowledged to me that-/they executed
her/their signatures (9) on the ins3Xument the persons (s) , or the en- the same in -/their authorized capacity. (ies), and that by his/
tity upon behalf of which the person(s) acted, executed the instru- ment.
WITNESS my hand and official seal. (Seal 1