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Home My WebLink AboutCT 85-35; Aviara Land Associates/Richmond American Homes; 1996-0571087; Unity of Control Assumption AgreementREcoRMD RIRXJE3P OF FIRST X!dERltUAl'# !/!IT'LJIJ aul3DIYISIaz? MAPPXlO IX&B RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1482 City Clerk %x City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 :OC 1 1996-0571087 12--~0u-1?96 03:Ol PH OFFICIAL RECORDS SAN DIE60 COUNTY RECORDER’S OFFICE GREGORY S”f;; COUN~~E~ECORDER RF: . : 16.00 Space above for Recorder's Use Only Richmond Phase II UNITY OF CONTROL ASSUMPTION AGREEMENT THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the "Agreement") is made as of November 1, 1996, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership ("Aviara") , and RICHMOND AMERICAN HOMES OF CALIFORNIA, INC., a Colorado corporation (llPurchaserlfl), with reference to the following facts: Aviara is the master developer of the Aviara master- ned community located in the City of Carlsbad, State of a B. Aviara and certain purchasers of real property lot ted 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 fromAviara a portion of the real property located in the Aviara master-planned community, which portion is described in the attached Exhibit "Al' (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. NOW, THEREFORE, for good andvaluable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: BC4It2039.A(w 062557444 11/01/96 wkpb3 -- - I - I.483 1. Acknowledcment and Assumntion. 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. 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: I'Aviara" Ronald R. Ball AVIARA LAND ASSOCIATES LIMITED City Attorney PARTNERSHIP, a Delaware By't limited partnership By: Aviara Land Company, a Assistant City Attorney Delaware corporation, RICHMOND AMERICAN HOMES OF CALIFORNIA, INC., a Colorado corporation B B BOH12039.AO4 062557444 ll/Ol/% IuB:pcJ ,I’ I . , 1484 [Richmond] STATE OF CALIFORNIA BOM12039AO4 062357444 ll/Ol/% mAB:pb3 COUNTY OF /flm4 1 On I(. T-y& , before me, ~~'(fi~~~ k!6fliCk.L- a Notary Public, personally appeared e&+7: %;~~&j'&&j-(.c~-&~--, personally known to me (or proved to me on the 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. Signaturq'Z N!CHOE Ml. KNIGHT COMM. + 1051812 A Nadanr hbk - California r _ B --- ZQAANGE coutw i [Aviara Land Company] STATE.OF CALIFORNIA COUNTY OF 5, /?S(Q , before me, Notary Public, personally appeared 0 f3LEMfflS \ PO i--rrnF~HNS~ I personally'known to me (er Qe) 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 - Exhibit “A” PARCEL A: - 1485 Lots 13 through 18 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 County on May 24, 1996. PARCEL B: Lots 46 through 64 and 76, of 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. 13370, filed in the office of the County Recorder of San Diego County on November 8, 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.