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
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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]
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