Loading...
HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Taylor Woodrow Homes; 1995-0210251; Unity of Control Assumption Agreement. ( pfj~qE$L~~~ o~a-&g!gp~~ lb ww-‘5’ 1% RECORDING REQUESTED BY 286 AND WHEN RECORDED MAIL TO: : City Clerk It I City of Car&bad 1200 Carlsbad Village Drive Carlsbad, California 92008 ---) :' . .._- ' I -X # 1995~02~025~ uiL+kw-l?95 Q3:4.1 $$E DFFICICK RECORDS SAN DIED CouHiY RECIMIER’S OFFICE 19.00 -- Space aLove for Recorder's Use Only UNITY OF CONTROL ASSUMPTION AGREEMENT - PHASE II THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the IlAgreement'l) is made as of between AVIARA LAND ASSOCIATES limited partnership ("Aviara"), and TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation ("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, 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 tlAq' (the ItPropertyl'). 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. Acknowledument and Assumotion. Purchaser acknowledges that Purchaser has received and reviewed the Unity of Control Agreement, and Purchaser hereby assumes and KLG14237.AO4 062359534 OS/G4/9S GOK:mag - 287 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. 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 Cityerney form: t8Aviarat1 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware nr> limited partnership BY o,lC-.f m -City Attorney r- M-95 l By: Republic Development Company, a California q;tfl General TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California torpor tion /e- t , - BY / KLG14237.Al4 062359534 05/09/9S GDK:mag 2 - 288 [Republic] STATE OF CALIFORNIA KLG14237.AO4 062359534 05/02/95 GDK:mag COUNTY OF < I personally known to me (&qxox& to me l I IC *Y YL 3 y me) to be the person-(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shqHzh-ey executed the same in his/he-heir authorized capacity(ies), and that by his/h-r signature) on the instrument the person(s), or the entity(&es) upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. crrmm. MO18938 Signature 7 w Mu0 -CALIFORNIA IAw#aocwNTY 0 cOI”lR. bt@fO# fob. 27. 1998 a [Aviara Land Company] STATE OF CALIFORNIA COUNTY OF , before me ,&$%wEESI, &j&&?&an; ,/ ‘?%< personally appeared &C.&~/n&5 e ally *known to me (VW -4. c+&ence) to be the person-@) whose name@) is/w subscribed to the within instrument and acknowledged to me that he/&e/they executed the same in . his/m authorized capacity(ies), and that by . his/v ignatureCsf on the instrument the person(s), or the entity(h) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~thl8.n Anne F Lo [==I SAN MEt30 COUNTY Comn. Exprnr F&27. - 289 [Taylor Woodrow Homes] STATE OF CALIFORNIA COUNTY OF G$ZM&Z On MAY 1% 1995 before me, *y$, wd, a Notary Public, personall; appearedamy-j,[qio4Toa and personally known t'o me (v whose name@) ) to be the person@ &/are subscribed to the within instrument and acknowledged to me that M/they the same in -their authorized capacity on the instrument of which the WITNESS my hand and official seal. Signature KLG14237.AO4 062359534 05/02/% GDK:mag KLG14237.AO4 062359534 05/02/9S GDK:mag 290 LEGAL DESCRIPTION Phase II (Plannina Area 26 South) LOTS 1 THROUGH 11, INCLUSIVE, AND 37 THROUGH 48, INCLUSIVE, OF 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. 13141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1994. EXHIBIT "A"