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Home My WebLink AboutCT 85-35; Aviara Land Associates/Taylor Woodrow Homes; 1996-0458587; Unity of Control Assumption Agreementr 7 .“, ’ - 1 \ybQ b- I”, m&m REQUEST OF FIRST AMERICB TITLE SlJBDIVISIO~ WING DEPARTMENT RECORDING REQUESTED BY AN'D WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above for Recorder's Use Only UNITY OF CONTROL ASSUMPTION AGREEMENT - PHASE IV THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the "Agreement") is made as of August 26, 1996, by and between AVIARALAND ASSOCIATES'LIMITED PARTNERSHIP, a Delaware limited partnership ("Aviara"), and TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a California corporation (I~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 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 iocated in the Aviara master-planned community, which portion is described in the attached Exhibit "AlI (the llPropertyll) . 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. Acknowledsment and Assumption. Purchaser acknowledges that Purchaser has received and reviewed the Unity of Control Agreement, and Purchaser hereby assumes and AGE11393.AO4 062359534 08/19/96 EMA:er3 - 1924 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. 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 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara Land Company, a Delaware corporation, its TAYLOR WOODROW HOMES A AGE11393.AO4 062359534 08/19/96 EMA:er3 2 <- . I i 1925 [Aviara Land Company1 STATE OF CALIFORNIA COUNTY OF L On Ckhk k% . /$% before me Jf &%L?? &AK hk' L&Y, a Notary Public, personally appeared .52~7TMlG&&4VY I personally known to me ~=Ct~-=far+v nTrtice) to be the person(s) 1 -- d I? whose name(s) i-s/are subscribed to the within instrument an& acknowledqed to me that h&she/they executed the same in h+&h-er/their authorized -capacity(ies), N/their signature(s) on the instrument the entity(ies) upon behalf of which the executed the instrument. and that by the person(s), or person(s) acted, WITNESS my hand and official seal. Signature [SEAL] Comm. #IO18938 OTARV PUWC - CAIJFORNI AGE11393.AO4 062359534 06/19/96 EMA:er3 3 . t ; ? - 1926 [Taylor Woodrow Homes] STATE OF CALIFORNIA COUNTY OF v On 9 Y&a No,tary,Publ&c, r fez/ '4Q2iL -I personally appeared and -- 3 QC, , before me, \%,& JonaQJ c1\bD>fi c&&w/? r) personally known to me (or proved to me on the basi's ofssatisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entitylies) upon behalf of which the person(s) acted, executed the instrument. WITNESS,my%qnd,and official seal. [SEAL1 AGE11393.A04 062359534 08/19/96 EMA:eA 4 1927 Plannins Area 26s Phase IV LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 51 THROUGH 61, INCLUSIVE, AND 92 THROUGH 101, INCLUSIVE, OF CITY OF CARLSBAD TRACT NO. 90-36, AVIARA PLANNING AREA 26 SOUTH UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13142, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1994. 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 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, AS RESERVED IN DEED RECORDED JULY 25, 1989 AS FILE NO. 89-390102 OF OFFICIAL RECORDS. AGE11393.AO4 062359534 M/19/96 EMA:er3 EXHIBIT "A"