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Home My WebLink AboutCT 85-35; Aviara Land Associates LP; 1996-0652501; Unity of Control Assumption Agreement- I' KECORDD REQUEST OF FIE. AMERICAm TIWB .. SWDIVISTM IYBPPIA(I DEPARTMEKC \\3%Wl-\7 AND WHEN RECORDED MAIL TO: RECORDING REQUESTED BY City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 7 09 4 I Space above for Recorder's Use Only UNITY OF CONTROL ASSUMPTION AGREEMENT tlAgreementlg) is made as of December , 1996, by and among THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the AVIARA LAND ASSOCIATES LIMITED PARTNERS !x IP, a Delaware limited partnership ("Aviara") , RDC DEVCO I1 LIMITED PARTNERSHIP, a Delaware limited partnership ("Seller") , and TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation ("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. E. Aviara and certain purchasers of real property executed and recorded that certain Unity of Control Agreement located within the Aviara master-planned community have No. 1990-204778 of Official Records in the Office of the (the "Unity of Control Agreement") on April 16, 1990, as File County Recorder of San Diego County. C. On July 25, 1989, Seller purchased from Aviara a poft-ion of-rtre Teal property located in the Aviara master- planned community, which portion is described in the attached Exhibit "A" (the "Property") . D. Concurrently herewith Purchaser has purchased from Seller the Property. E. By executing this Agreement, Purchaser is assuming Unity of Control Agreement with reference to Purchaser's use and agreeing to be bound by the terms and conditions of the 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: B0(12103.A04 740307361 1210~96 wn:pb3 1. Acknowledsment and AssumDtion. acknowledges that Purchaser has received and reviewed the Purchaser Unity of Control Agreement, and Purchaser hereby assumes and agrees to be bound by its terms and conditions with reference to Purchaser's use and development of the Property. made in this Agreement is deemed to be incorporated herein by 2. Exhibits. The exhibit to which reference is each reference as if fully set forth. 3. Countemarts. 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: "Seller" Ronald R. Ball RDC DEVCO I1 City Attorney By %LA fg LIMITED PARTNERSHIP, a Delaware limited partnership, General Partner By: Republic Company, a California Development .>k "Purchasertr fornia Homes Tayl r Li J ited. V B B01112103.AW 740307361 12/05/96 1uB:pb3 2 c E01(12103.A04 740307361 12/05/96 IuB:pb3 "Aviara" AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara Land Company, a Delaware managing general. corporation, Its VI 3 71 2 [RDC Devco I11 STATE OF CALIFORNIA COUNTY OF L On r. 9, /?% , before me, Notary Publi'c,' personally appeared %.,& personally known to me (- me on Lile Law;= is/- subscribed to the within instrument and acknowledged to evlderrce) to be the person+) whose name+) me that heJs- executed the same in his/hmlr authorized capacity(-), and that by his/-r entity(ies) upon behalf of which the person(s) acted, executed signature(+ on the instrument the person(s), or the the instrument. WITNESS my hand and official seal. 5 Signature I SEAL1 801112103.A04 740307361 12/05/96 Wu8:pb3 4 [Taylor Woodrow] STATE OF CALIFORNIA 713 COUNTY OF OmMe , before m whose name(s) &/are subscribed to the within instrhment and acknowledged to me that -they executed the same in -their authorized capacity(ies), and that by the entity(ies) upon behalf of which the person(s) acted, "/their signature (8) on the instrument the person (s) , or executed the instrument. WITNESS my hand and official seal. -. Signature B+ik /7? BCU12103.AO4 740307361 12/05/96 1uB:ph3 x f 714 [Aviara] STATE OF CALIFORNIA On 7, /y?(* , before me, I Notary9uilic. 'personally ad , personally known to me (- =e) to be the person+) whose name&) is/- subscribed to the within instrument and his/he&kMr authorized capacity(ires), and that by acknowledged to me that he/-- executed the same in his/ke+tkei-r 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. Signature [SEAL] OT*W pvlylc -CALIFORNIA Comm. xloie9?a 801112103.A04 74030TJ61 12/05/96 MB:W 715 Planning Area 3 (20 Lots) LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 101 THROUGH 114, INCLUSIVE, 117 THROUGH 122, INCLUSIVE, IN THE CITY OF CARLSBAD, CGiiTPJJTY OF ShN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO THROUGH OR ACROSS THE DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS OF OFFICIAL RECORDS. OF CITY OF CARLSBAD TRACT NO. 85-35 AVIARA PHASE 1 - UNIT "C", RESERVED IN DEED RECORDED JULY 25, 1989 AS FILE NO. 89-390111 BOn12103.AO4 74030TJbl 12/05/96 IuB:pb3 EXHIBIT "A"