HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Davidson Coscan Partners; 1995-0377465; Unity of Control Assumption AgreementRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 920,08
Space above for Recorder's Use cluly
UNITY OF CONTROL ASSUMPTION AGREEMENT
THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the *'Agreement") is made as of August&, 1995, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (I'Aviara") , and DAVIDSON COSCAN PARTNERS, a California general partnership ("Purchasern), 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 reai property located in the Aviara master-planned-community, which portion is described in the attached Exhibit *'AIt (the *aProperty@l).
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
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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. Counternarts. 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
Ronald R. Ball CityfAtqorney
form: "Aviaral'
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware
By: limited partnership
By: Aviara Land Company, a
DAVIDSON COSCAN PARTNERS, a California general partnership
By: Coscan De1 Mar, Inc., a California corporation, general partner
BY 14% #% -
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-
[Republic]
STATE OF CALIFORNIA .
COUNTY OF I
personally kn . Ly ~NX&QRX] to be the person-&)
whose name(s) is/are subscribed to the-within instrument and acknowledged to me that he/ sne/y executed the same in
his/herj#&r authorized capacity(w, and that by
his/her/their signature@-) on the instrument the person(s), or the entity(&es) upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signatur 7
MOTARV PUMIC - CALIFORNIA
SANOKGOCOUNTY I) COI'IWI. Exptres Feb. 27, 1998
[Aviara Land Company]
STATE OF CALIFORNIA
COUNTY OF /
/~?F- , hersonall; NfaY.A&G% f yJ+j&t/ 'j and ! personally,known to me (or--.&-&e-me sat-fact-) to be the person+@ whose name(s) is/-subscribed to the within instrument and acknowledged to me that he/w executed the same in
his/her+th&r authorized capacity(+), and that by his/-r 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
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athbm Anne Farley
ChfWRW11018938
OTARY f’U(KIC - CALIFORNIA
SAN DIEGO COUNTY
-
[Davidson]
STATE OF CALIFORNIA
COUNTYOF sf%ti 'D/w
On &%+2(, 1495 before me, h leiz.Free , a
Notary Piiblic, personally appeared \sbu;,~e H .jJu< personally known to me (or proved to me on the basis 0; 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
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LEGAL DESCRIPTION
LOTS 1 THROUGH 7 AND LOTS 31 THROUGH 35 OF CARLSBAD TRACT 90- 34 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP THEREOF NO. 13202, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1995.
EXHIBIT "A"