HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Taylor Woodrow Homes; 1996-0110006; Unity of Control Assumption Agreement- , .’
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HJBmmIQU klA.FmN~ II-13 \\3’xoQ5 6 RECORDING REQUESTED BY ,! j DOC # 1996~011000~
AND WHEN RECORDED WAIL TO: i -.Ld-
City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008
06-MAR-1996 08~00
OFFICIAL RECORDS SAN DIEGD COUNTY RECORDER’S OFFICE GREMRY SllITH ! COUNTY RECORDER RF: 9. DO FEES:
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PHASE III
THIS UNITY OF CONTROL ASS ION AGREEWENT (the "Agreement") is made as of February &a= 1996, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERS&P, a Delaware limited partnership ("Aviara"), and TAYLOR WOODROW BGWES CALIFORNIA LIMITED, a California corporation (WPurchaser"), 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 p?Operty loca t e Z in the Aviara master-planned community, which portion is described in the attached Exhibit "An (the @qPropertyn).
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 andvaluable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. . Acknowledcggent andAssumPtlon 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. All exhibits to which reference made in this Agreement are deemed tobe incorporated herein each reference as if fully set forth.
3. Counternartg in any number of counterparts, This Agreement may be executed 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. 11 I -- ~ f'.. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.
Approved as to form: "Aviaram OwqeC
Ronald R. Ball City Attorney
BY
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
By:
BY Its
"Taylor"
TAYLOR WOODROW HOMES
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[Aviara Land Company]
STATE OF CALIFORNIA .
COUNTY OF 5& &
Notary Pub1 , personally k \r 1 cddewe) to be the persow)
whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/m executed the same in
his/her/their authorized capacity(h), and that by
his/Mr signature-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. 1
Signature
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[Taylor Woodrow Homes]
STATE OF CALIFORNIA
COUNTY OF
On c&-k ersonall; &personally known to me (or proved to me on'the basis of satisfactory evidence) to be the perso;_" i :', whose name(s) is/are subscribed to the within instrument-&d 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.
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TAlvN+%E VON NE c0fnrnkrion # I’-’ NdoN public - e
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LMAL DESCRIPTIOIO Or TEE PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 62 THROUGH 86; INCLUSIVE, OF CITY OF CARLSB.AD TRACT-v~.: 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.
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EXHIBIT "A"
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