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1996-481693 RECORDING REQUESTED BY: 23-SEP- 1996 11: 11 All I ~ ~ £,,qq L.: - I% 2 16 5 OFFICII~L RECORDS W~EN RECORDED MAIL TO: SI~N DIEGO CODNTY RECORDER'S OFFICE Encinitas Ranch Gold Authority ~EGORY S~IITH, COONTY RECORDER 5o5 s. Vulcan ^venue FEES: O. Encinitas, CA 92024 0C Attention: James Benson DOCUMENTARY TRANSFER TAX ~ ~ SPACE ABOV[ THIS LIjNE FOR RECORDER'S USE ..... Computed on the consideration or value Iess liens or encumbrances renmining at time of sale. Signamr~ of Dealar~nt or Agent deter~m~nthg tax - Firm N~me 254-200-34,356,37 257-020--02 25/4-2o -06, RANT 257-101-01,3/4,36&37 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ENCINITAS RANCIt GOLF ItOLDING LLC, A CALIFORNIA LIMITED LIABILITY COMPANY hereby GRANT(S) to ENCINITAS RANCIt GOLF AUTHORITY~ A JOINT EXERCISE OF POWERS AGENCY DULY ORGANIZED AND EXISTING UNDER THE LAWS OF ~ STATE OF CALIFORNIA the real property in the City of Encinitas, County of San Diego, State of California, described as LOTS 52, 53, 55, 57, 59, 60, 61, 64, 65, 66, 68 & 73 OF ENCINITAS TRACT NO. 94-066, UNITS 4, 5 AND 6, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13356, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 4, 1996. This property is conveyed subject to all liens, encumbrances, easements, covenants, conditions and restrictions and other matter of record. Dated: September 20, 1996 } ENCINITAS RANCH GOLF HOLDING LLC, A CALIFORNIA STATE OF CALIFORNIA }ss LIMITED LIABILITY COMPANY COUNTY OF ~,5~/xJ -l) It~(VO } By: Carltas Company, a California limited partnership On ,'5~'/ZTmO~:7/'?__ ~01 ICt5~ betbreme, Ix/ ~g ~i4 t~ lgttt~Lr°5t I'JO T't~c~'/ Dc~l.3L~ C- , Its: Manager personally appeared ~_btWtq~Ofl~2 , By: Carltas Management, a Calif~..,,hia corporation pe sonally known to me c;4dcnce) to be the person(s) whose name(~ ~ve subscribed to the Its: 7 e7 within instrument and acknowledged to me tha~sl'~/a~.e~ executed the same in~/he~heir authorized By: .~. J/~_~.~ .. capacity(iv.s), and that by l~her/~:!r signature(s) on the instrument the person(s) or the entity upon behalf of which cnrmtopne[u. UmK~ns, l'l'~.m~nt the person(~) acted, executed the instrument. same as above (This area for official notarial seal) 1002 (1/94) 1204 RECORDING REQUESTED BY: CITY ENGINEER When Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE A~ CERTIFICATE OF ACCEPTANCE Assessor's Parcels Number: 254-200-34,-35,-37, 254-201-06,-13,-15,-16 257-101-01,-24,-36,-37 257-020-02 This is to certify that the interest in real property conveyed by the Grant Deed per Doc. No. 96-0481693 recorded on September 23, 1996 in the office of the County Recorder, County of San Diego, State of California, said Grant Deed describes Real Property for Public Golf Course required as condition of approval of Final Map No. 13356 for Encinitas Tract 94-066 is hereby accepted. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution No. 95-041 of said City Council adopted on April 19, 1995 that the City of Encinitas consents to the making of the foregoing dedication, and consents to recordation thereof by its duly authorized officer. (Notarization not required) James /Benson Assis~nt City Manager ERGA 5/28/98 1205 CITY OF ENCINITAS RESOLUTION NO. 95- 4 ! RESOLUTION AUTHORIZING FORMATION OF THE ENCINITAS RANCH GOLF AU'I~ORITY WHEREAS, the City of Encinitas (the "City") is proceeding with the financing of the acquisition of certain real property and the construction of a golf course thereon (the "Golf Course") in connection with a development project in the City more specifically set Forth in that certain Development Agreement, dated September 28, 1994, between Carltas Company and other parties referred to therein collectively as the "Owner," and the City (the "Development Agreement"); and WHEREAS, the City and the San Dieguito Water District (the "District") propose to form a joint powers authority pursuant to Article 1 of Chapter 5 of Division 7 of Title I of the Government Code of the State of California in order that such authority may, in connection with such proceedings, construct, own and operate the Golf Course, and exercise the powers authorized under the MarksoRoos Local Bond Pooling Act of 1985 (Government Code Section 6584 et seq.) (the "Bond Act"); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Encinitas as follows: Section 1. Formation of [oint Powers Authority. The City Council hereby authorizes the officers and staff members of the City to assist in the organization of a joint powers authority between the City and the District, to be known as the Encinitas Ranch Golf Authority. The City Council hereby approves and authorizes the City Manager to execute and the City Clerk to attest the Joint Powers Agreement forming said joint powers authority, in substantially the form on file with the City Clerk, together with any changes therein deemed advisable by the City Attorney. Section 2. Official Actions. The City Manager, Assistant City Manager, Finance Director and City Clerk of the City, and any other officers of the City, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the formation of said joint powers authority, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this resolution. Section 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. 1206 J PASSED AND ADOPTED this 19th day of April, 1995, by the following vote: AYES: Aspell, Bond, Davis, DuVivier Hano NOES: None ABSENT: None Mayor (SEAL) Attest: City Clerk ~'