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Home My WebLink AboutCT 90-38; Aviara Land Associates LP; 1994-0283197; Unity of Control Assumption Agreement- I.. ,. , .. , I, , ma (II #IR8T TlAU 1% ~sVISIO3 UJEEUt6 IIFSbBTbfEm2 , .1 . \ 03\ b’33 - \< 1‘ RECORDING REQUESTED BY fi65 AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC # 1994-0283197 28-APH-1994 10113 AN SAN DIEGO COUHTY RECORDER’S OFFICE OFFICIAL RECORDS RF: 9.00 FEES: 23.00 GREGORY SrlITH’ COUNTY RECDRDEK AF: 13.00 HF: 1.00 Space above for Recorder‘s Use Only ASSUMPTION AGREEMENT as of April 1, 1994, by and between AVIARA LAND ASSOCIATES THIS ASSUMPTION AGREEMENT (the “Agreement“ ) is made LIMITED PARTNERSHIP, a Delaware limited partnership ( “Aviara” ) , and WARMINGTON AVIARA ASSOCIATES, L. P . , a California limited partnership (“Purchaser”), with reference to the following facts: planned community located in the City of Carlsbad, State of A. Aviara is the master developer of the Aviara master- California. located within the Aviara master-planned community have B. Aviara and certain purchasers of real property executed and recorded that certain Unity of Control Agreement recorded April 16, 1990 as file No. 1990-204778 of official records. C. Purchaser has purchased from Aviara a portion of the which portion is described in the attached Exhibit “A” real property located in the Aviara master-planned community, i the “Property” ) . and agreeing to be bound by the terms and conditions of the D. By executing this Agreement, Purchaser is assuming 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. &cknowledament and Assumvtion. Purchaser Unity of Control Agreement, and Purchaser hereby assumes and acknowledges that Purchaser has received and reviewed the KLG12657.Al4 06235m 05/26/93 cDK:Iyg I. ;_ . 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. in any number of counterparts, each of which shall be deemed countemartg. This Agreement may be executed 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 City Attorney AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By : B : Aviara Land Company, a Assistant City Attorney By : Republic Development WARMINGTON AVIARA ASSOCIATES, L.P., a California limited partnership By: WARMINGTON HOMES, a California corporation, its general partner BY Its BY Its KLOl2657.Al4 05/26/93 GDK:mg 062350834 1257 agrees to be bound by its terms and conditions with reference to Purchaser's use and development of the Property. made in this Agreement are deemed to be incorporated herein by 2. Exhibits. All exhibits to which reference is each reference as if fully set forth. 3. Counterparts. This Agreement may be executed to be an original, and all of which together shall be deemed in any number of counterparts, each of which 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 City Attorney AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited DartnerShiD - - By : By: Aviara Land Company, a Assistant City Attorney General Partner Delaware corporation, By : Republic Development Company, a California corporation, General Partner BY Its WARMINGTON AVIARA ASSOCIATES, L.P., a California limited partnership By: WARMINGTON HOMES, a California corDoration. KLG12657A14 062350834 05/26/93 cDK:rmg agrees to be bound by its terms and conditions with reference to Purchaser's use and development of the Property. 2. made in this Agreement are deemed to be incorporated herein by Exhibits. All exhibits to which reference is each reference as if fully set forth. 3. in any number of counterparts, each of which shall be deemed Countemartg. This Agreement may.be executed 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 PARTNERSHIP, a limited partnership Delaware B : Aviara Land Company, a By : Republic Development WARMINGTON AVIAFA ASSOCIATES, L.P., a California limited partnership By: WARMINGTON HOMES, a California corporation, its general partner BY Its BY Its KLE12657.AlC 06235(w* 05/26/93 GDK:mg [Republic] STATE OF CALIFORN 9 COUNTY OFJESXST On Notary Public', personall uersonallv known to me to de the person whose name is that he executed the same in his authorized capacity, and that subscribed to the within instrument and acknowledged to me 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. n 7 - Signatur SAN DlEGO COUNTY \I [SEAL] [Aviara Land Company1 COUNTY 0- On 7 , before me, Not2Puii% ,'zeryonall personally known to me P to be the Derson whose name is subscribed to the within instrument and acknowledged to me by his signature on the instrument the person, or the entity that he executed the same in his authorized capacity, and that upon behalf of which the person acted, executed the instrument. WITkSS my hand and official seal. Signature KLC12657.Al4 062350L134 05/26/93 GDK:n!ag [Warmingtonl STATE OF CALIFORNIA COUNTY OF ORANGE On Sf, ("(q , before me, 2c(,&dla, appeared &arska I (f I fi cc Jr . and on the basis of satisfactory evidence) to be the person(s) , personally known to me (or proved to me .~~ ~~~ whose name(s) isbare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies1, and that by his/her/their signature (6) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. KLG12657.AlC 062350834 05/26/93 GDK:mg .. EXHIBIT A - LEGAL DESCRIPTION OF PROPERM LOTS 21 THROUGH 44 INCLUSIVE OF CITY OF CARLSBAD TRACT NO. 90-38 AVIARA PLANNING AREA 26 NORTH UNIT 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13091, FILED IN THE OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25,1994.