Loading...
HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Olympus/SCH Housing No. 2; 1996-0417017; Unity of Control Assumption AgreementFUiXO.KDED REQUEST OF FIRST AMEZICAN FAT& SUBDIVISIOB MAl?.PIE(3 DEPB RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO? City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 : 3 ’ 1 ! ’ , . ooc u ~996-~~~~~17 15-AUG-1996 031159 Pll OFFICIAL RECORDS SCIN DIEGO COUNTY RECORDER’S OFFICE GREGORY StlITH 9 COUNTY RECORDER RF: 11. DO FEES: (1:; l Yo” Space above for Recorder's Use Only olylapus/BcH Housing UNITY OF CONTROL ASSUMPTION AGREEMENT THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the "Agreement") is made as of August 5, 1996, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership ("Aviara"), andOLYMPUS/SCHHOUSINGNO. 2, L.L.C., a Delaware limited liability company ("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. B. Aviara and certain purchasers of real property located within the Aviara master-planned community have executed and recorded that certain Unity of Control Agreement (the "Unity of Control Agreement") on April 1.6, 1990, as File No. X990-20477d of Official Records in the. OXice of the County Recorder of San Diego County, California. C. Purchaser has purchased from Aviara a portion of the real property located in the Aviara master-planned community, which portion is described in the attached Exhibit "A" (the 11Property18). 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. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 25.00 1. Acknowledgment and Assumntion. Purchaser acknowledges that Purchaser has received and reviewed the Unity of Control Agreement, and Purchaser hereby assumes and AGE1134LAO4 062357709 07/M/% Elfkpb3 1 !- . AEEl134a.AO4 0623577w 07/3O/%EIU:pb3 . 782 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. Counterparts. 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. 2 783 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara Land Company, AGE11348.AM 062357789 07/M/% EHA:pCJ 3 c . . . 784 OLYMPUS/SCH HOUSING NO. 2, L.L.C., a Delaware limited liability company By: SEACOUNTRY-ES, INC., Approved as to form: Ronald R. Ball City Attorney AGE11348.AOb 0623s7709 07/30/% EMA+ 785 [Aviara Land Company] STATE OF CALIFORNIA whose name is subscribed to the within in&+--ument end 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. Signatur AGE11348.AO4 06235m9 07/30/W EwA:pb3 5 . [Olympus/SCH Housing] COUNTY OF . . . c to be the person(s) whose name(s) w/are subscribed to the within instrument and acknowledged to me that @$/sjq&/they executed the same in h' /hw/their h ? authorized - -capacity(ies), /w/their signature(s) on the instrument t e entity(ies) upon behalf of which the executed the instrument. WITNESS my hand and official seal. Signature and that by the person(s), or person(s) acted, AGE1 W&A04 062357789 07/30/% EMA:pb3 6 787 Planning Area 15 LEGAL DESCRIPTION PARCEL 6 OF PARCEL MAP NO. 16451, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 15, 1991. EXCEPTING THEREFROM ALL OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOW, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE 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 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. AGE113SlAW 062357B9 M/30/% EMA:pb3 EXHIBIT “A’