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Home My WebLink AboutCT 85-35; Aviara Land Associates/Warmington Aviara Associate; 1994-0720523; Unity of Control Assumption Agreementtf c -. +m R-$JCEST OP PlxST Ab'lERICBN TITU ‘ RECORDING REQUESTED BY 105 AND WHEN RECORDED MAIL TO: 7C Ii 199400720523 ZhEC-1994 08:OO CtM OFFICIN RECMiS SfiN DIEGO CWHTY RECORDER’S OFFICE GREGORY Sl’l;‘;;, C~~~~~E~E&~R~ER RF: . : 19.00 City Clerk City of Carlsbad 1200 Carlsbad Village Drive ! Carlsbad, California 92008 Space above for Recorder's Use Only UNITY OF CONTROL ASSUMPTION AGREEMENT THIS UNITY OF CONTROL ASSUMPT N AGREEMENT (the "Agreement") is made as of %c&cz' 1994, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (llAviarall) , 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 por,tion is described in the attached Exhibit I'A" (the "Property") . 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. _Acknowledcment and Assumntion Purchaser ackn.orrledges Lhst ?urchas+r has receivedaacl' rt~rie~~+J the Unity of Control Agreement, and Purchaser hereby assumes and KLG20526.AO2 062350834 11/04/94 GDK:mag 1 - 107 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. CounterDarts. 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 deetied 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: I~Aviaral~ By: Republic Development California WARMINGTON AVIARA ASSOCIATES, L.P., a California limited partnership By: WARMINGTON HOMES, a California CorporatAon, KLG20526.AO2 062350834 11/04/94 GDK:mag 2 .v c ‘. ‘ 108 [Republic] COUNTY OF-E On 5, /99c7/, before me,&?-#~~Z%~!&&~~U~~ a Notary Public, personally appeared &./.&F~F,v~ I personally known to me (or pro=-& +3+= og g 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 WJ=l STATE OF CALIFO~&/, COUNTY OF QJVMX [Aviara Land Company1 ;ss. 1 On .T? /994 . Public,' personali a Notary personally known to me i i 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 [SEAL] Comm.HO18938 ii JOTARY PUWC - CALIFORNIAw SAN MIEaO COUNTY 0 KLG20526.AO2 062350834 11/04/94 GDK:mag - + . ‘. 109 [Warmington] STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE 1 nally appeared I personally kn 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), his/her/their signature(s) on the instrument the entity(ies) upon behalf of which the executed the instrument. and that by the person(s), or person(s) acted, WITNESS my hand and official seal. Signature / [SEA.U KLG20526.AO2 062350834 11/04/94 GDK:mag . ._ 110 . Planning Area 25 Phase III LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 3 OF CITY OF CARLSBAD TRACT NO. 89-37, AVIARA PHASE II, ACCORDING TO MAP THEREOF NO. 12967, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1992 AS FILE NO. 1992-0588283 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXCEPTING THEREFROM THAT PORITON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 261 OF CITY OF CARLSBAD TRACT 73-39, SPINNAKER HILL UNIT 3, ACCORDING TO THE MAP THEREOF NO. 8453, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 29, 1976; THENCE ALONG THE EASTERLY LINE THEREOF NORTH 07O59'33" WEST 41.80 FEET (NORTH 07°57'OO" WEST 41.85 FEET PER SAID MAP NO. 8453); THENCE NORTH 03O53'04" EAST 28.46 FEET (NORTH 03°53'OO" EAST, 28.50 FEET PER SAID MAP NO. 8453) TO THE NORTHEAST CORNER THEREOF; THENCE LEAVING THE BOUNDARY OF SAID LOT 261, SOUTH 22O40'50" EAST 5.59 FEET; THENCE SOUTH 04O11'36" EAST 56.97 FEET; THENCE SOUTH 17O19'13" WEST 8.19 FEET TO THE POINT OF BEGINNING. KLG20526.AO2 062350834 11/04/94 GDK:mag EXHIBIT "A"