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HomeMy WebLinkAboutCT 85-35; Aviara Land Associates LP; 1997-0113956; Unity of Control Assumption AgreementI \$I"tlq- 15 RECORDING REQC""mn" L:; # 1997-0113956 14-flAR-1997 10-07 AM 16.00 City Clerk 7" ilF : City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 ... 1.00 Space above for Recorder's Use Only Phase I11 Richmond UNITY OF CONTROL ASSUMPTION AGREEMENT THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited "Agreement") is made as of&&&& 3 , 1997, by and between partnership ("Aviara") , and RICHMOND AMERICAN HOMES OF TCALIFORNIA, INC., a Colorado corporation ("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. 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 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, California. real property iocated in the Aviara master-planned community, C. Purchaser has purchased from Aviara a portion of the which portion is .described in the attached Exhibit "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. the receipt and sufficiency of which is hereby acknowledged, NOW, THEREFORE, for good andvaluable consideration, the parties hereto agree as follows: BOnl2182.AOb 0623574U 02/27/97 WB:ph3 1 1. Acknowledsment and ASSUmDtiOn. Purchaser acknowledges that Purchaser has received and reviewed the 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. 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. in any number of counterparts, each of which shall be deemed 3. Countemarts. This Agreement may be executed to be an original, and all of which together shall be deemed to be one and the same instrument. this Agreement as of the date first set forth above. Approved as to form: "Aviara" Ronald R. Ball AVIAWL LAND ASSOCIATES LIMITED IN WITNESS WHEREOF, the parties hereto have executed orney Q. 6;$8L, limited partnership PARTNERSHIP, a Delaware By: Aviara Land Company, a City Attorney corporation, RICHMOND AMERICAN HOMES OF 1 CALIFORNIA, INC., a Colorado corporation B B 801112182.A04 Ob2357444 02127197 MB:pb3 2 Planning Area 30 Phase I11 LEGAL DESCRIPTION LOTS 34 THROUGH 45, INCLUSIVE, AND 65 THROUGH 75, INCLUSIVE, OF THE CITY OF CARLSBAD TRACT NO. 90-30 - AVIARA PLANNING AREA 30, UNIT 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. DIEGO COUNTY ON NOVEMBER 8, 1996. 13370 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINEWS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER 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 RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY 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 SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,, TUNNELS AND SHAFTS, UNDER AND BENEATH THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE 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. BCU12182.AO4 062357444 02/27/97 MB:W EXHIBIT "A" 142:s [Richmond] STATE OF CALIFORNIA COUNTY OF or- 0 On z[\.Q< , before me, b<c hRL .h.kn&a Notary Public, personally appeared x+w+(e,(wwn personally known to me (or proved to'me on the basis of d, 4-5 %oto_ satisfactory evidence) 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. [SEAL] [Aviara Land Company] STATE OF CALIFORNIA COUNTY OF \ /A 03 / On /Af& 7. /'797, before me Notaqi Public, 4ersondlly appeared and ,-5+77T mg)&,qrtY , personally known to me%?+"-- roved to me nn the - e~vdenee) 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 the person acted, executed the instrument. instrument the person, or the entity upon behalf of which WITNESS my hand and official seal. Signature 11018938 7- -. ULiFORN [SEAL] 801112182.101 062357U4 02/27/97 MB:pb3