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Home My WebLink AboutCT 85-35; Aviara Land Associates/Western Pacific Housing; 1995-0581300; Unity of Control Assumption Agreement~COm3D REmmJ I Fm @P Fm’P %--.dT-m TI!TLE . SmIPIsI~D lJlAEm?(E DmARm loqu&-\< RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 36 ~!MG # 1995-~~813~0 OFFICML RECDRDS SAN DIEGR COUNTY RECORDER’S OFFICE WFREGORY “I;T!; ~~~~~~E~~~~RDER 5:00 : fl;; 1.00 /-’ g :‘ ,..- Space above for Recol:der's Use Only UNITY OF CONTROL ASSUMPTION AGREEMENT THIS UNITY OF CONTROL ASSUMPTION AGREEMENT (the #'Agreement*@) is made as of December 5, 1995, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (l'Aviara'l),, and WESTERN PACIFIC HOUSING - AVIARA, L.P., a California limited partnership' ("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 located in the Aviara master-planned community, 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 Assumption 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. A# tion. Purchaser acknowledges that Purchaser has received and reviewed the Unity of Control Assumption Agreement, and Purchaser hereby assumes and agrees to be bound by its terms and conditions AGElO86O.AO4 062359321 11/27/95 EMkpb3 1 -. 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: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited Ronald R. Ball, partnership City Attorney ByA;Fzattorney By: ~~;k;~~:&~~;::8 a WESTERN PACIFIC HOUSING - AVIARA, L.P., a California limited partnership By: II LAMCO HOUSING, INC., a California corporation, AGElG&N.A04 062359321 11/27/95 ElU:pb3 2 58 [Aviara Land Company] STATE OF CALIFORNIA On b$Y /995 Notary E&blib, before me, personall; appeared (13 .- I personally me (or-preved+e-me . . A.3 VI 3 a) to be the person-) whose name(s) is/-are subscribed to the within instrument wnd acknowledged to me that he/she&he y executed the same it3 his/her+heir authorized capacity(ies), and that by his/he+#eir signature(s) on the instrument the person(s), or the entity(h) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature AGElCJ86G.AG4 062359321 11/27/95 EMA:pb3 3 - - [Western Pacific Housing - Aviara, L.P.] STATE OF CALIFORNIA COUNTY OF &&4&& 0 On b&/J/s, before me, Notary Publ' appeared-(/ Ifpersonally known to m on the basis of satisfactory evidence) to be the person= whose name&) irsjare subscribed to the within instrument and acknowledged to me that M/they executed the same in . m/their authorized capacity(ies), and that by . -their signatureaonthe instrument the person WITNESS my hand and official seal. A Signature AGElG86O.AG4 062359321 11/27/95 EMA:pb3 60 Planning Area 5 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 95, 96, 97 AND 98 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM THE EASTERLY 60 FEET OF THE PREVIOUSLY REJECTED OFFER OF DEDICATION OF A PORTION OF SAID LOT 97 FOR STREET PURPOSES AS SHOWN ON SAID MAP 12411. SAID EASTERLY 60 FEET WAS ACCEPTED BY CITY OF CARLSBAD RESOLUTION NO. 92-100 RECORDED MAY 7, 1992 AS FILE NO. 19927 0276259 OF OFFICIAL RECORDS. ALSO 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 OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. AGEllXMG.AG4 062359321 11/27/% EHAqb3 EXHIBIT "A"