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HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Warmington Aviara Associate; 1995-0571059; Unity of Control Assumption Agreement:4 . . -. * -v J~fi~+\?n REQUEST BF m !klliERTfXR 'PITId!! SUHDIVISION l@lZ!E!ma DEEBRradENT whs 03 - \j RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1476 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 y9$ Space above for Recorder's Use Only UNITY OF CONTROL ASSUMPTION AGREEMENT THIS UNITY OF AGREEMENT (the "Agreement") is made as of 1995, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (@lAviaral@), and WARMINGTON AVIARA ASSOCIATES, L.P., a California limited partnership ('@Purchaserll), with reference to the following facts: A. Aviara is the master developer of the Aviara m&er- 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 @@A@' (the 'lPropertylg). 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. Acknowledoment and Assumntion Purchaser acknowledges that Purchaser has received and' reviewed the Unity of Control Agreement, and Purchaser hereby assumes and JOL12566.Al2 062359219 11/09/95 GDK:mag 1 . , . ‘. * - . 1477 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: ~gAviaragg Ronald R. Ball City Attorney By: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, WARMINGTON AVIARA ASSOCIATES, L.P., a California limited partnership By: WARMINGTON HOMES, a California corporation, its general partner JOL125W.Alt 062359219 ll/iW% GDK:mag 2 - 1478 [Republic] JOLl2566.Al2 062359219 11/W% GDK:mag STATE OF COUNTY OF- before me, & JHL~& a Notary Public, personally appeared &.L. Um&&3 I personally known to me (zi= of - 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. Signa iara 'Land Company] STATE OF CALIFORNIA COUNTY OF On . /$ /97x- Notary Public', personaliy appeared personally known to me . E 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 - . . >. ‘., \ a < I 1479 [Warmington] STATE OF CALIFORNIA COUNTY OF ORANGE In November 29, 1995 I before me. Elizabeth L. Bauer _ a a , ------ ----. I - Notary Public, personally appeared L.J. Ekigcanb and At-die Wasielewski 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 JOL12566A12 062359219 11/W/95 GDK:mag . LEGAL DESCRIPTION 1480 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 32 INCLUSIVE OF CITY OF CARLSBAD TRACT NO. 90-35 AVIARA PLANNING AREA 29 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13272, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 8. 1995. EXHIBIT “A”