HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Davidson Coscan Partners; 1995-0482468; Unity of Control Assumption Agreement. ~cOl?DEll REQTWT 7F FTFiS’: m TI'PLE SUBDIVISIOK WFLSJlG DU-T, 1830 26-OCT-1995 OS=00 All
9 \\v-Pwl- 6 OFFICM RECllRDS d RECORDING REQUESTED BY ' SFlN DIE@ CUifNTY RECORDER’S OFFICE AND WHEN RECORDED MAIL TO: GREGORY SMTH.9 COLltaTY RECORDER a- /’ RF: 9.00 .’ FEES: 19.00 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008
Spce abwe for Recorder's Use Only
THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the wAgreement") is made as of September a, 1995, by and between AVIARALAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership ("Aviara") , and DAVIDSON COSCAN PARTNERS, a California general partnership (llPurchaserll), 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 Au&z&r;, parti,n of the real property located in the Aviara master-planned community, which portion is described in the attached Exhibit rrAfl (the wPropertyll).
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. &knowledam and Assumntion. 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. m. 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: ffAviara88
Ronald R. Ball City Attorney AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
DAVIDSON COSCAN PARTNERS, a California general partnership
By: Coscan De1 Mar, Inc., a California corporation, general partner
BY
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STATE OF CALIFORNIA
1832
[Republic]
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COUNTY OF
, personally known to me (me . 1. 1 p to be the person@) whose name+) is/are subscribed to the within instrument and acknowledged to me that he/&&they executed the same in his/h- authorized capacity(m, and that by . his/m signature(S) on the instrument the person(s), or the entity(i'Z@ upon behalf of which the person&j- acted, executed the instrument.
WITNESS my hand and official seal.
- Signature
[Aviara Land Com&~any]
STATE OF CALIFORNIA
COUNTY OF
95’ before Notary Publib, personall; appeared , personally known on thz w-y me) to be the person(s) whose name@) is/are subscribed to the within instrument and acknowledged to me that he/shq+they executed the same in his/veir authorized capacity(&es+, and that by his/her+heir signature*) on the instrument the person@-), or the entity(&sj upon behalf of which the personm acted, executed the instrument.
WITNESS my hand and official seal.
Signature
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. [Davidson]
STATE OF CALIFORNIA
COUNTY OF %ti &ccso
On MhrlL, IWS before me, Notary Public, personally appeared <j+m personally known to me (or proved to m& on" 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/kMlr authorized capacity(ies), and that by his/her/Ul:ef.k: signature(s) on the instrument the person(s), or th*? 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 18 to 29, INCLUSIVE, 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 flA1l