HomeMy WebLinkAboutCT 85-35; Aviara Land Associates LP; 1997-0388910; Unity of Control Assumption Agreement~Q.KJEST OF FIRST 'BIuwICAh' TITm '.
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008
111 .
OFFICII?! RECORDS SAH DIEGD COUNTY EECDROER'S OFFICE
FEES: !9.00 GREGORY 3. SEITH, CDUNTY RECDRDER
Space above for Recorder's Use Only
Richmond Phase IV
UNITY OF CONTROL ASSUMPTION AGREEMENT
THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the "Agreement") is made as of August k, 1997, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership ( "Aviara" ) , and RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado 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.
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 located 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 and valuable consideration,
the parties hereto agree as follows:
B01112325.AO4 062357444 07/16/97 )IAB:pb3 1
c
1. Acknowledsment and Assumution. 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.
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. - Countemar-. 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 .
By :
limited partnership
By: Aviara Land Company, a
Assistant City Attorney
B
RICHMOND AMERICAN HOMES OF
CALIFORNIA, INC., a Colorado corporation
B
B
801112325.A04 Ob2357444 07/16/97 IuB:p!S 2
Planning Area 30
Phase IV
LEGAL DESCRIPTION
THE LAND REFEREED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 78 THROUGH 105 OF CITY OF CARLSBAD TRACT NO. 90-30 AVIAFA
PLANNING AREA 30 UNIT 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13431,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JUNE 12.1997.
?
EXHIBIT “A”
[Richmond]
STATE OF CALIFORNIA
COUNTY OF
Notary Public, personally appeared On , before me, ,a
personally known to me (or Droved to me on the basis of
satisfactbry 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.
Signature
[Aviara Land Company]
STATE OF CALIFORNIA
COUNTY OF, &A ~ J/@ -
/ \
4,/94: id, personally appeared 3 , before me,
and . -jjjo ~;r flc//~ - SP/ , personally known to me tee BZWCS t= k 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
801112325.A04
062357444
07/16/97 IuB:pb3
e
,.
State of California
County of Orange
115
On before me, Karna McDaniel. Notary Public I
NAME, TITLE OF OFFICER
personally appeared, Robert T. Shiota
NAME OF SIGNER
personally known to me - OR -
provided to me on the basis of satisfactory evidence
to be the person(s) whose name@) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in hishedtheir
authorized capacity(ies), and that by hishedtheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY PUBLIC)
State of California
County of Orange
On before me,
personally appeared,
Karna McDaniel, Notarv Public ~
NAME, TITLE OF OFFICER
Robert L. Salomon
NAME OF SIGNER
personally known to me - OR -
to be the person@) whose name(s) idare subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in hishedtheir
authorized capacity(ies), and that by hishedtheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
provided to me on the basis of satisfactory evidence