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HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Taylor Woodrow Homes; 1994-0720729; Unity of Control Assumption Agreement. ’ ##@@IiD R$FJ.U~sT QP B12i8!- .V~HICQJ - ,!jaxm~fabl gcar%zroe zI!cE.?m2 T’l-&& ii; # 199~nO720729 \QWb l/L\5 20-DEG-1994 OP=PO fm 919 RECORDING REQUESTED BY WFICIEK RECORDS AND WHEN RECORDED MAIL TO: %N DIEGO COUNTY RECORDER’S !IFFICE Sil;Ti; ~~~~~E~~~R~ER : City Clerk IP. 00 City of Carlsbad $h 1200 Carlsbad Village Drive I.00 : Carlsbad, California 92008 Space above for Recorder's Use Only UNITY OF CONTROL ASSUMPTION AGREEMENT THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the IfAgreement*') is made as of / d/,/e , 1994, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership ("AviaraI@), and TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation (@lPurchaserll), 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, California. 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 'IAll (the "Propertyll). 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. Acknowledgment and Assumption. Purchaser acknowledges that Purchaser has received and reviewed the Unity of Control Agreement, and Purchaser hereby assumes and KLG20142.A22 062359534 12/15/94 GDK:mag t , f I 920 agrees to be bound by its terms and conditions with reference to Purchaser's use and development of the Property. 2. Exhibits. All exhibits to which reference is made in this Agreement are 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: **Aviara** uo hllkp m R. Ball AVIARA LAND ASSOCIATES LIMITED m City Attorney /2./$.?'c. By: By: TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a KLG20142.A22 062359534 12/15/94 GOK:mag 2 STATE OF CALIFORNIA [Republic] COUNTY OF 6??ti&'E . On @%+Jd before me, ZkWWLQ*itti-ti* Notary Public, personall; appearec&fl.wJJ Jdu and , 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 [Aviara Land Company] STATE OF CALIFORNIA COUNTY OF Lz%iWE . On ‘&b/S4 before Notary Public, personall; appeared 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 yQ----L~*~hA KLG20142.A22 062359534 12/15/94 GDK:mag 3 922 [Taylor Woodrow Homes] STATE OF CALIFORNIA COUNTY OF 6?m@ whose name(s) is/are subscribed to the within instrument and acknowledsed to me that he/she/they executed the same in his/her/their authorized .capacity(ies), his/her/their signature(s) on the instrument the entity(ies) upon behalf of which the executed the instrument. WITNESS my hand and official seal. . and that by the person(s), or person(s) acted, MY COMMISSION EXFIRES JUNE 5.1999 KLG20142.A22 062359534 12/15/94 GDK:mag 4 923 KLG20142.A22 062359534 l2/15/94 WK:mag LEGAL DESCRIPTION Phase 1 (Plannina Area 26 South) LOTS 12 THROUGH 36 OF CITY OF CARLSBAD TRACT NO. 90-36 AVIARA PLANNING AREA 26 SOUTH UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1994. Node1 Home Complex LOTS 87 THROUGH 91 OF THE CITY OF CARLSBAD TRACT NO. 90-36 AVIARA PLANNING AREA 26 SOUTH UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13142, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1994. EXHIBIT "A"