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Home My WebLink AboutCT 99-04-02; Real Estate Collateral Management; 2004-0933858; Subordination Agreement’ RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2004-0933858 OCT 01,2004 8:25 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0 00 7 PAGES: SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 223-720-02, PROJECT NO. & NAME: CT 99-04-02 06,07,17, and 18 vt \\we5 IA Ca stcc - TAL P lL\OhC SUBORDINATION AGREEMENT (UTILITY EASEMENT HOLDER) NOTICE: AS A RESULT OF THIS SUBORDINATION AGREEMENT, (AN) EASEMENT(S) DEDICATED TO THE CITY OF CARLSBAD SHALL BE PRIOR AND SUPERIOR TO YOUR EASEMENT(S). THIS AGREEMENT is made this day of M4f , 2004 by Real Estate Collateral Management, owner of the land hereinafter described and hereinafter referred to as “Owner,” and Verizon Wireless (VAW) LLC, dba Verizon Wireless (“Verizon Wireless”), holder of a utility easement which was filed in the office of the County Recorder, State of California, as File No. 1996- 0026859 and recorded on January 18, 1996, hereinafter referred to as “Utility Easement,” covering a portion of lot numbers 221, 247, 248, 226 , and 227 of Carlsbad Tract CT 99-04-02; Villages of La Costa-La Costa Ridge, in the City of Carlsbad. WHEREAS, Owner has executed, or is about to execute as grantor, a grant of easement on a final map for Carlsbad Tract CT 99-04-02 dated ././y /L/@ , 2004, in favor of the City of Carlsbad as grantee herein referred to as “Easement Grantee” creating the easement@) more particularly described in Exhibits A and B attached hereto; and WHEREAS, Easement Grantee is willing to accept said easement(s) provided the grant of easement(s) is a charge upon the above described property prior and superior to the utility H:\Development Services\PROJECTS\CT FILES\CT 99-04-02 Villages of La Costa-MaashofRDeeds-Easemnts\SUB AGT Airtouch-Verizomdoc *easement(s) above mentioned and provided that Verizon Wireless will specifically subordinate to the easement@) created in favor or Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said easement@) and Verizon Wireless is willing that the grant of Easement@) shall, when recorded, constitute a charge upon said land which is prior and superior to the utility easement@) above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said easement(s) above referred to, it is hereby declared, understood and agreed as follows: 1. That said easement(s) in favor of Easement Grantee shall be and remain at all times a charge on the property herein described, prior and superior to the utility easement(s) above mentioned. 2. That the Easement Grantee would not accept said easement(s) above described without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard to the subordination of utility easement(s) above mentioned to the easement(s) in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the utility easement(s) and the easement(s) hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the utility easement(s) above mentioned, which provide for the subordination of the easement(s) thereof to another interest in the real property therein described. Provided that its rights and interest under the Utility Easement are not unreasonably disturbed or interfered with by Easement Grantee, Verizon Wireless declare(s), agree(s) and acknowledge(s) that: 1. It consents to and approves the grant of easement(s) in favor of the Easement Grantee. 2. It intentionally subordinates the utility easement above mentioned to the easement(s) in favor of Easement Grantee and understand that in reliance upon, and in consideration of, this subordination to the grant of easement(s), the easement(s) is (are) being created and that specific H:\Development Services\PROJECTS\CT FILESCT 99-04-92 Villages of La Costa-Maashoft\Deeds-Easemnts\SUB AGT Airtouch-Verizon.doc A7LL ,2004. $ Executed this 30 day of Verizon Wireless (VAW) LLC, dba Verizon Wireless OWNER: By: 1 ign here) By p&r fi* cdlkdri4 /Y4rnS@tIW (Lq Lint Name ' I H:\Development Services\PROJECTS\CT FILESCT 99-04-02 Villages of La Costa-Maashoff\Deeds-Easements\SUB AGT Airtouch-Verizon.doc } ss. State of Illinois County of Cook On Hac/ U UJV , before me, mo d&q pubk /Date ' Name and Title of Officer (e.9. "Jane doe, Notary Public) 9 Name@) of Signer(s) Personally appeared fiw %;qei enally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WImESS my handsndpflicial seal. w wwwi-2 Signature of Notary Public } ss. State of Illinois County of Cook On , before me, , Date Name and Title of Officer (e.g. "Jane Doe, Notary Public) Personally appeared 0 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Name@) of Signer@) WITNESS my hand and official seal. Signature of Notary Public CORPORATE ACKNOWLEDGMENT STATE OF ARIZONA 1 ) ss. COUNTY OF MARICOPA ) Onthis,qD dayof @&, , 2004, before me, the undersigned, a Notary Public in and for the State of Arizona, duly commissioned and sworn, personally appeared Robert F. Swaine to me known to be an authorized representative of Verizon Wireless (VAW) LLC. d/b/a Verizon Wireless, the limited liabilitv company that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC, d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath started that he is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. MARICOPA COUNN Mv Carnrn. ExDires Dec. 24.2006 / I fi 4 Print ovpe Name: JANET LOEBS Notary Public in and for the State of AZ, residing at My appointment expires: 74- 3~: MARICOPA COUNTY EXHIBIT “A” LEGAL DESCRIPTION A GENERAL UTILITY AND MUNICIPAL ACCESS AND EMERGENCY ACCESS EASEMENT OVER PORTIONS OF LOTS 221 AND 226 AS SHOWN ON CITY OF CARLSBAD TRACT NO. 99-04-02, VILLAGES OF LA COSTA - LA COSTA RIDGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. /s/838 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JV/~ /4 F, 2004. :G M:\2352\21Legal DescriptionsblScity-verizon-exhibit a.doc WO 2352-12 4l2W04 ViClNlW MAP MAP 12632 MUNICIPAL ACCESS AND EMERGENCY ACCESS HUNSAKER & ASSOCIATES SAY DlCGQ IHC RIDGE 226 \ \ 0 300 600 % i 1 900 SCALE 1 "= 300 ' rnlsssrnsoo' 1-idgs-city-verizon-exhibit-o.DWGApr-20-2004: n(8ss)ssbUU 08: 17 JN. 2352-21 CITY OF CARLSM SHEET 1 OF 1 1: \EGp\EP I )ATE: 4/ 19/2OO4 4.P.N.: 1 GENERAL UTIUTY AND MUNICIPAL ACCESS AND EMERGENCY ACCESS EASEMENT I EXHIBIT "B"