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HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Davidson Coscan Partners; 1995-0247413; Unity of Control Assumption Agreement- f, L,,)&Lll RmU~ST 02 E. 32 AlluBICBEJ m $uBDIvI=Ql! -0 BEFAR'B4XX!i f RECORDING REQUESTED BY 646 AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC tt 1995-0247413 13-3UH-1995 lln35 An OFFICML lmlRDs %H DIE60 COUNTY RECOROER’S OFFICE GREGORY !i!;T; COUWEORMR RF! I 19.00 . Space above for Recorder's Use Only UNITY OF CONTROL ASSUMPTION AGREEMENT THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the "Agreement") is made as of May 2, 1995, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership ("Aviara"), and DAVIDSON COSCAN PARTNERS, a California general partnership ("Purchaser"), with reference to the following facts: A. Aviara is the master developer of the Aviara master- planned community located in the City of Carlsbad, State of California. B. Aviara and certain purchasers of real property located within the Aviara master-planned community have executed and recorded that certain Unity of Control Agreement (the "Unity of Control Agreement") on April 16, 1990, as File No. 1990-204778 of Official Records in the Office of the County Recorder of San Diego County. C. Purchaser has purchased from Aviara a portion of the real property located in the Aviara master-planned community, which portion is described in the attached Exhibit rrA1l (the "Property"). D. By executing this Agreement, Purchaser is assuming and agreeing to be bound by the terms and conditions of the Unity of Control Agreement with reference to Purchaser's use and development of the Property. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Acknowledoment and Assumotion. Purchaser acknowledges that Purchaser has received and reviewed the Unity of Control Agreement, and Purchaser hereby assumes and ROJ21890.Al4 062350834 04/13/95 GDK:mag - . . q 607 agrees to be bound by its terms and conditions with reference to Purchaser's use and development of the Property. 2. Exhibits. The exhibit to which reference is made in this Agreement is deemed to be incorporated herein by each reference as if fully set forth. 3. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. Approved as to form: ltAviarall Ronald R. Ball B’:TYC ~ ~ g-s-w- AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited.partnership By: DAVIDSON COSCAN PARTNERS, a California general partnership By: Coscan De1 Mar, Inc., a California corporation, general partner BY 535zsiu fts GIG0 ROJ21890.Alh 062350834 04/27/95 GDK:po2 2 - 608 [Republic] STATE OF CALIFORNIA COUNTY OF ROJ2189U.Al4 062350834 04/13/95 GDK:mag On No /97s rsonally appeared I personally known to me (rrre&Ame . haci.c -f s:v ) to be the persow whose name-) is/nre subscribed to the within instrument and acknowledged to me that hew executed the same in his/-r authorized capacity-), and that by his/he-q&h&r signature@) on the instrument the person-), or the entity(&) upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. Signa tur [SEAL 1 STATE OF KatkE ;:,:~,,:a,rle~i OTAAY t’U!iIC - CALIFORNIA Q SANOWIOCOUNTY 0 CALIFORNIA . viara Land C 'amp Iany 1 COUNTY OF J779%-- before me, personall; appeared a D and I personally known to me (m ) to be the person+) whose name@) is/m subscribed to the within instrument and acknowledged to me that he/w executed the same in his/-he+th&r authorized capacity*), and that by his/-he+#&r signature(*) on the instrument the person+), or the entity(w upon behalf of which the person&s) acted, executed the instrument. WITNESS my hand and official seal. Signature [SEAL] SU@D(MOC~UNTY 0 , . 609 [Davidson] STATE OF CALIFORNIA COUNTY OF &n i',+q0 u On Mu 5, I 945 before me, Notary Public, IIb-lc II-. GYxL ,, a personally appeared Sk& l-t.DaLA-QL , personally known to me (or 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 signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature QfLLeAL/2&- I ROJ21890.Al4 062350834 04/13/95 GDK:mag [SEAL] 4 *- \ _. . , LEGAL DESCRIPTION LOTS 8 THROUGH 17 AND LOT 30 OF CARLSBAD TRACT 90-34 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 13202, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 18, 199s. EXHIBIT “A’