HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Richmond American Homes; 1996-0273933; Unity of Control Assumption AgreementBECOKDEDREQUEST SUBDIVISION 07 FIRST AMERICAN TITLE MAPPING DEPARTMENT
\n%w'L~ 1s I RECORDING I i ,
REQUESTED BY I -. AND WHEN RECORDED MAIL TO: 3.' ! . City Clerk City of Carlsbad i505
1200 Carlsbad Village Drive Carlsbad, California 92008
OFF ICI 41 RECORDS SAN DIEGO UJJNTY RECORDER’S OFFICE GREGORY S”;Tiii\ COUNTY RECORDER RF: FEES: 16.00
An;: ’
ioo : 1.80
Space above for Recorder's Use,Only
Richmond
UNITY OF CONTROL ASSUMPTION AGREEMENT
THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the tlAgreementll) is made as of May/2, 1996, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited
partnership ("Aviaral') , and RICHMOND AMERICAN HOMES OF CALIFORNIA, INC., a Colorado corporation (I'Purchaserl'), 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 16, 1990, as File No. 1990-204778 of Official Records in the Office 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 IrA" (the "PropertyI@).
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:
1: Acknowledoment and Assumotion. Purchaser acknowledges that Purchaser has received and reviewed the Unity of Control Agreement, and Purchaser hereby assumes and
AGE11174.AG4
062357444 #/07/96 EHA:ema 1 (y&5 -35
. I -
I 1508’
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. Counternarts. 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: 18Aviara18
Ronald R. Ball City Attorney AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
Assistant City
BY Its
RICHMOND AMERICAN HOi'fES OF CALIFORNIA, INC., a Colorado corporation
AGEl1174.AG4
062357444
05/07/W EMA:ama 2
-
1507
Planning Area 30 Phase I
LEGAL DESCRIPTION
LOTS 1 THROUGH 12 AND 19 THROUGH 33 OF CITY OF CARLSBAD TRACT NO. 90-30 AVIARA PLANNING AREA 30 UNIT 1, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13331 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO CkJNTY, May 24 , 1996.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, 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 WAG 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 LIMITER 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.
AGE11174.AG4
062357444 05/07/% EmA:ema EXHIBIT "A"
1508
[Richmond]
STATE OF CALIFORNIA
AGEl1174.AO4
062357444
05/07/% EHA:enm
COUNTY OF drcUW- v
On ~c/Za,17% , before me,mn/,.u,&&& t a Notary Public, personally appeared fibr+r,%hd /@~H.5f&may) personally known to me (or proved to me on Lhe basis of 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.
Signatur
[Aviara Land Company]
/3, /?%H I before me, /p'y
Notary Public, -personally appeared /, L. /%!/w=ttc cLE/n&y5
and Af personally known to me Tar proved to me on the basis 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.
Signature-
Comm.#lOiCc- ;
.tC - CAL.,, &,;nw
=D(K)OCOUNTY 0 .h~trmo Fob. 27 2