2003-1013764 DOC # 003-1013764
AUB 20, 2003 1:13
Recording Requested By: ~]:ICI~.
Chicago Title Company ~ DIE~ ~ ~'~ ~I~E
Subdivision Deoa~ment '~ ~ ~ ~ 8 ~ ~' ~I~, ~T~
~S: 264.~
Order No.: PE642L041 ~:
When Recorded Mafl To: '~: -~ 7_
CITY OF ENC~TAS
505 S. ~C~ A~
ENC~TAS, CA 92024
Mail T~ Statements To: DOC~ENT~Y T~S~R T~: $ ~ ~
Same as above X Compu~d on ~e consideration or value of prop~
APN: ~Z' / ~ 0- ~' 00/~ conveyed; OR
~ Computed on the consid~afion or value less liens or
-d~ } 7'~ ': ~c~b~ces remaining at time of sale.
~E ~ERSIG~D G~OR
/ Silage of Decl~t or Agent dete~in~g ~
~ CO~OMINIUM G~NT DEED
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 1 PE642
PACIFIC PINES RACQUET CLUB
24109
A Condominium composed of the following:
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 MAI', SAID POINT BEING ON THE WESTERLY LINE OF EL CAMINO
HEAL; TI~NCE 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 NORTHWESTERLY 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
A 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 08°15'37" WEST; THENCE WESTERLY ALONG THE
ARC OF THE LAST SAID CURVE A DISTANCE OF 67.05 FEET THROUGH A
CENTRAL ANGLE OF 31°29'23" TO A POINT ON A TANGENT LINE; THENCE
ALONG SAID LINE SOUTH 50°15'00" WEST 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 06°55'58" 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 32°49'02" EAST A DISTANCE OF 78.04 FEET TO A POINT ON
THE SOUTItERLY LINE OF LOT 10; THENCE SOUTH 89°24'55" 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 17536 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 P/NES RACQUET CLUB
24110
recorded on July 9, 1986, as File/Page No. 86-281772, in the Office of the San Diego County
Recorder, California (hereafter the "Condominium Plan").
ALSO EXCEPTING THEREFROM the right to possession of all those areas designated as
"Exclusive Use Areas" as described on the Condominium Plan referred to above and the
Declaration described hereafter.
PARCEL 2.:
LMNG UNIT 41L, 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:
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
pay such dues, fees and assessments, and in the event of the non-payment or default 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 understood that said membership in the 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
Grant Deed Phase 1 PE642
PACIFIC PINES RACQUET CLUB
,4111
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 PI/NES RACQUET CLUB
IN WITNESS WHEREOF, this instrument is executed this I 9'1' day of
A-~ o-o ~3' , 2003 by:
PACIFICA ENCINITAS, L.P.,
a California limited partnership
By: PACIFICA HOSPITALITY GROUP INC.,
a Nevada Corpo~tion
Its GenerateI / ~
l~EEPA]~] ISRANI, ~cretary
Duly Authbrized
(Please Attach Proper Notary Certificate(s) of Acknowledgment)
Grant Deed Phase I PE642
PACIFIC PINES RACQUET CLUB
GRANT DEED ACCEPTANCE
Order No.
Escrow No.
Assessor's Parcel No. '2~ ~ [(o(D-- ~ --lDO
This is to certify that the interest in real property conveyed by deed or grant dated
from Pacifica 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 consems to recordation thereof by its duly
authorized officer.
Dated:
By:
City Manager
City of Encinitas
State of California
County of San Diego
On August 1, 2003 before me, Christine Tran, Notary Public, personally appeared
Deepak Israni personally known to me (c.r 7.~:'ed ~-e.__--~ e~ :~.,. '---"-..,.o.~ ,~f o~.,,o~,,,.,,~
~,~.,,,~) to be the person~ whose name{~r)' is&~esubscribed to the within instrument
and acknowledged to me that he/al~Pd~y executed the same in hi--authorized
capacity.(.k~, and that by his/l~mqtae~ signature(~)-on the inslxument the personCs~, or the
entity upon behalf of which the perso~(~gfacted, executed the instrument.
WITNESS my hand and official seal.
] ~1 San Dl®gO County f
Christine Tran, Notary Public l - -- - ~avc~-m2~s~c~c-e'_' e~°~[
(NOTARY SEAL OR STAMP)