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HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Warmington Aviara Associate; 1994-0624740; Unity of Control Assumption Agreement‘,Qcs 5 . . - . , ,- -3c # ~994-0~~4~40 Ty'.ai,-3D BQ'iJES'P OF FWiYi! BMERICU Sk-OCT-I??4 08=00 Al-7 1,’ suBDIBIsIoR blAP?ZlvG 3E?X3KEXT TIY Pi4S7 I-15 OFFICIBL RECQRDS SAN DIEGO COUNTY RECORDER’S OFFICE RECORDING REQUESTED BY 19. @j AND WHEN RECORDED MAIL TO: City Clerk City of Car&bad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above for Recorder's Use Only UNITY OF CONTROL ASSUMPTION AGREEMENT THIS UNITY OF AGREEMENT (the I'Agreement") i s made as of 1994, by and between AVIARA LAND ASSOCIATES Delaware limited partnership (*'Aviaralf), and WARMINGTON AVIARA ASSOCIATES, L.P., a California limited partnership ("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 "A1 (the l@Propertyl@). 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. Acknowledument and Assumntion. Purchaser acknowledges that Purchaser has received and reviewed the Unity of Control Agreement, and Purchaser hereby assumes and JOL12526.AO2 062350834 08/19/94 LJS:kwl 1 Y * t . - 462 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 form: "Aviara" Ronald R. Ball AVIARA LAND ASSOCIATES LIMITED City Attorney PARTNERSHIP, a Delaware limited partnership By: i-4 /I By: Aviara Land Company, a Assistant City&A&torney WARMINGTON AVIARA ASSOCIATES, L.P., a California limited partnership By: WARMINGTON HOMES, a California corporation, its general partner BY . ckwb J L.J.TIzjmEpl.ce PreslcLent BY Its JOL12526.AO2 062350834 08/19/94 LJS:kwl . 463 [Republic] STATE OF CALIFORN A COUNTY OF&T' personally known to me (mn +e; S-*1 . rd-ence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official sell. - Signature mm - - CAL IFORNl [Aviara Land Company] before me, &j#f~&-j-j/ d A?wfChk&y a liy appeared &).L.c/~m&s I . personally known to me (or proved tv me on tw bLdC;L -1 to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature JOL12526.AO2 062350834 08/19/94 LJS:kwl Canm. #lo18938 rTAlly Muc - CALIFORNIA 8MI-muNlY 0 . Earn Fab. 27.1222 + . . . . . . ” . s . 464 . [Warmington] STATE OF CALIFORNIA COUNTY OF ORANGE On septaber 16, 1994 pact% Notary Public, personall; a_- on the basis JsLvre me, Elizabeth L. Bauer I a speared L.J. Edcwmb and ! personally known to me (or proved to me . ; 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 JOL12526.AO2 062350834 08/19/94 LJS:kwl 465 PLANNING AREA 26N - UNIT 3 PHASE II LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 46 THROUGH 71 OF CITY OF CARLSBAD TRACT NO. 90-38 AVIARA PLANNING AREA 26 NORTH UNlT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13143, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1994. EXHIBIT “A”