2003-1009138 · ' ~ ~005 1009158
' DOC
Recording Re~luested By: .-
Chicago Title Company
Subdivision Department AUG 19, ~'003 4: 22 PM
Order No.: PE642L028 ST ?,~9 ~FFICI~ ~
Escrow No.: 15534BM G~ J. ~I~, g~ ~
When Recorded Ma~ To: ~: ~
o~ o~ ~AS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllllllllllllllllllllllll~lll
505 S. ~C~ A~ 2m~.~
ENC~TAS, CA 92024
Marl Tax Statements To: DOC~NTARY T~SFER T~: $ ~ ~.~
Same as above X Computed on ~e consideration or value of prope~
conveyed; OR
~N: ~ ¢~. j¢¢.20. 0~ [ ~ ~ Computed on ~e consideration or value less liens or
encmbmces remain~g at time of sale.
THE ~ERSIG~D G~OR
Silage of Declg~t or Agent detaining tax
CONDOMINIUM GRANT DEED
(Living Unit 28)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged
PACIFICA ENCINITAS, L.P., a California limited partnership
hereby GRANTS TO: CITY OF ENCINITAS
the following described real property situated in the City of Encinitas, County of San Diego,
State of California:
Grant Deed Phase I pE642
PACIFIC PINES RACQUET CLUB
LIVING UNIT 28
A Condominium composed of the following: 3 7 3 ~ 0
PARCEL 1:
An undivided one-sixty fourth (1/64th) fractional interest as tenant-in-common in and to
LOT 1 OF COUNTY OF SAN DIEGO TRACT 3960, IN THE CITY OF ENCINITAS,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 10675 THEREOF, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, JULY 8, 1983,
TOGETHER WITH ALL THAT PORTION OF LOT 10 OF COUNTY OF SAN
DIEGO TRACT 3960 MAP NO. 10675, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
JULY 8, 1983, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 10 AS SHOWN ON
SAID MAP, SAID POINT BEING ON THE WESTERLY LINE OF EL CAMINO
REAL; THENCE LEAVING SAID POINT SOUTHWESTERLY ON THE LINE
COMMON TO SAID LOT 10 AND LOT 1 AS SHOWN ON SAID MAP ALONG THE
ARC OF A CURVE CONCAVE NORTHVgESTERLY WITH A RADIUS OF 20.00
FEET, A RADIAL LINE TO THE LAST SAID POINT BEARS SOUTH 89°20'51"
EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF LAST SAID CURVE
k DISTANCE OF 28.30 FEET THROUGH A CENTRAL ANGLE OF 81°05'14" TO
A POINT THAT IS TANGENT TO A CURVE WITH RADIUS OF 122.00 FEET
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT ON THE LAST SAID
CURVE BEARS NORTH 08o15'37" WEST; THENCE WESTERLY ALONG THE
ARC OF THE LAST SAID CURVE A DISTANCE OF 67.05 FEET THROUGH A
CENTRAL ANGLE OF 31029'23" TO A POINT ON A TANGENT LINE; THENCE
ALONG SAID LINE SOUTH 50°15~00" VgEST A DISTANCE OF 82.87 FEET TO A
TANGENT 128.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL
TO SAID POINT BEARS SOUTH 39°45~00" EAST; THENCE WESTERLY ALONG
THE ARC OF LAST SAID CURVE A DISTANCE OF 15.49 FEET THROUGH A
CENTRAL ANGLE OF 06o55*58" TO THE MOST SOUTHERLY CORNER OF
LOT 1; THENCE LEAVING SAID LINE COMMON TO LOT 1 AND LOT 10
SOUTHEASTERLY INTO LOT 10 ALONG A RADIAL LINE TO THE LAST SAID
CURVE SOUTH 32o49'02" EAST A DISTANCE OF 78.04 FEET TO A POINT ON
THE SOUTHERLY LINE OF LOT 10; THENCE SOUTH 89o24'55" EAST A
DISTANCE OF 109.51 FEET TO THE MOST SOUTHEASTERLY CORNER OF
SAID LOT 10 TO ITS INTERSECTION WITH THE WESTERLY LINE OF EL
CAMINO REAL; THENCE NORTHERLY ALONG SAID WESTERLY LINE
NORTH 00°39~09" EAST A DISTANCE OF 175.36 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM all Living Units, as shown and defined in that certain
Condominium Plan entitled "Torrey Pines Racquet Club Phase 1 Condominium Plan"
Grant Deed Phase 1 PE642
PACIFIC pINES RACQUET CLUB
LIVING UNIT 28
recorded' on July 9, 1986, as File/Page No. 86-281772, in the Office of-the San Diego County
Recorder, California (hereafter thc "Condominium Plan").
ALSO EXCEPTING THEREFROM thc right to possession of all those areas designated as
"Exclusive Use Areas" as described on the Condon~inium Plan referred to above and the
Declaration described hereafter.
PARCEL 2:
LIVING UNIT __28L , as shown on that certain Condominium Plan referred to in
Parcel 1 above:
PARCEL 3:
The exclusive right to the use, possession and occupancy of those portions of PARCEL 1
described in the Declaration and/or the Condominium Plan as "Exclusive Use Areas" which
shall be appurtenant to PARCEL 2 described above.
PARCEL 4:
The exclusive right to the use, possession and occupancy of that portion of Lot 2 of County Of
San Diego Tract 3960, in the City Of Encinitas, in the County of San Diego, State of California,
according to Map thereof No. 10675, filed in the Office of the County Recorder of San Diego
County, California, July 8, 1983 described that certain Condominium Plan entitled "Torrey
Pines Racquet Club Phase 2 Condominium Plan" recorded on July 9, 1986, as File/Page No.
86-281774, in the Office of the San Diego County Recorder, California as "Exclusive Use Area
Carport X1-28C" which shall be appurtenant to PARCEL 2 described above.
PARCEL 5:
One Class A membership in PACIFIC PINES RACQUET CLUB OWNERS
ASSOCIATION, a California Nonprofit Mutual Benefit Corporation, hereinafter called the
"Association.*'
Grantees in accepting this deed and the conveyance hereunder do hereby agree, jointly and
severally, for the benefit of Grantor and for the benefit of the Association and each and every one
of the other members of said Association, that Grantees will promptly, fully and faithfully
comply with and conform to the Declaration described below, the Articles of Incorporation and
Bylaws of the Association and the Rules and Regulations from time to time prescribed
thereunder by the Board of Directors of said Association or its officers and, in particular,
Grantees do hereby agree, jointly and severally, promptly to pay in full any dues, fees or
assessments levied by said Association on the membership conveyed hereby. Grantees do
hereby grant to the Association a lien against Grantees' interest in the above-described property
to secure the full and faithful performance by Grantees, and each of them, of the obligations to
Grant Deed Phase 1 PE642
PACIFIC Pl~IES RACQUET CLUB
LIVING UNIT 28
pay such dues, fees and assessments, and in the event of the non paym t by Grantees,
the interest of Grantees may be foreclosed by said Association, as provided in the Bylaws of the
Association and the Declaration.
The obligations of Grantees herein set forth shall be covenants' running with the above-described
property it being und~stood that said membership in th~ Association and the obligations thereof
will automatically pass to Grantees' successors in title in the above-described property, whether
such successors acquire title by foreclosure or otherwise, and shall be binding upon the Grantees
above named, their heirs, devisees, executors, administrators, successors and assigns, provided
that Grantees and their said successors in title shall be bound by the foregoing covenants only as
long as they, respectively, own title to the above-described property.
THIS DEED IS MADE AND ACCEPTED AND SUBJECT TO: the terms, conditions,
provisions, easements, covenants and restrictions set forth in that certain RESTATED AND
SUPERSEDING DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR "PACIFIC PINES RACQUET CLUB," recorded on JUNE 9, 2003,
as Document No. 2003-0679264 (the "Declaration") in the Office of the San Diego County
Recorder, State of California, Which is incorporated herein and hereby made a part by reference
as though fully set forth herein:
This Deed is further made and accept subject to:
(a) Real property taxes and assessments not delinquent.
(b) All other covenants, conditions, restrictions, limitations, reservations, grants of
easements, rights, rights of way, liens, charges, equitable servitude and other matters of record
on the date hereof.
Grant Deed Phase 1 pE642
PACIFIC PINES RACQUET CLUB
LIVING UNIT 28
IN WITNESS WHEREOF, this instrument is executed this ~ day of
2003 by:
PACIFICA ENCINITAS, L.P.,
a California limited partnership
By: PACIFICA HOSPITALITY GROUP INC.,
a Nevada Corporation
Its General~rtn~; {~
I~EEPAK ISRANI, Secretnry
Duly Authorized
(Please Attach Proper Notary Certificate(s) of Acknowledgment)
Grant Deed Phase I PE642
PACIFIC PINES RACQUET CLUB
LIVING UNIT 28
State of California
Coumy of San
On July 23, 2003 before me, Christine Tran, Notary Public, personally appeared Deepak
Israni personally known to me (,,~ e~,,v~d to me on the basis uf ~a6~f,~k,.:' c.-.'i3er~c..) to
be the person~sy whose name.,(~ is/~,~' subscribed to the within instrumem and
acknowledged to me that he/dae~h~y executed the same in his/hetqthrit authorized
capacityg,~9",, and that by his/la~tff~?'signature.(.sybn the instrument the person/~,, or the
entity upon behalf of which the person~aeted, executed the instrument.
WITNESS my hand and official seal.
Commission # 1392011
] ~.,~/ Son Diego County
1 ~ ~C°mm'Ex~O"~=~':'O061'
Christine Tran, Notary Public
(NOTARY SEAL OR STAMP)
GRANT DEED ACCEPTANCE
Order No.
Escrow No.
Assessor's Parcel No.
This is to certify that the interest in real property conveyed by deed or grant dated ~f
from Pacified Encinitas, L.P. to the City of Encinitas, a Municipal Corporation, is hereby
accepted by the undersigned agent on behalf of the City Council of the City of Encinitas
pursuant to authority conferred by Resolution of the City Council of the City of Encinitas
adopted on March 26, 2003 and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: "~ ~.'~ -- ~.30 ~
/K~rr/y I~lille'r .... --
City Manager
City of Encinitas