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2003-1023188Reeor i gRe uested 003--1023188 C~icago Title Company AU{~ 21, 2003 Subdivision Depa~ent ~ICI~ ~ Order No.: PE642L032 ~ ~I[~ ~ ~'~ ~I~ Escrow No.: 15535PM ~ ~. ~I~, ~7 When Recorded MaH To: ~: CITY OF ENC~TAS i iqlll , m m a gtt tl l li ,' ~,~rw 505 s. ~c~ A~ ENCINITAS, CA 92024 ~ ........... ~' ...... :. ~ [~. ~.~ Space above for Recorder's Use Mall Tax Statements To: DOC~NT~Y T~S~R T~: $. 22 ~. 50 Same as above X Computed on the consideration or value of prope~ conveyed; OR APN: 262-~60-20 (~0~) ~ Computed on ~e consideration or value less li~s or encmbrances remaining at time of sale. ~E ~ERSIG~D G~TOR Silage of Declarant or Agent dete~ining CONDOMINIUM GRANT 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 I PE642 PACIFIC PINES RACQUET CLUB 32300 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 TIlE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, JULY 8, 1983, TOGETHER WITIl 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 TIlE MOST NORTHERLY CORNER OF LOT 10 AS SHOWN ON SAID MAP, SAID POINT BEING ON THE WESTERLY LINE OF EL CAM1NO REAL; THENCE LEAVING SAID POINT SOUTHWESTERLY ON TIlE LINE COMMON TO SAID LOT 10 AND LOT 1 AS SHOWN ON SAID MAP ALONG THE ARC OF A CURVE CONCAVE NORTIlWESTERLY 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 ~ POINT THAT IS TANGENT TO A CURVE WITIl 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 TIlE a~RC OF TIlE 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 39o45'00" EAST; THENCE WESTERLY ALONG THE ARC OF LAST SAID CURVE A DISTANCE OF 15.49 FEET THROUGH A CENTRAL ANGLE OF 06055'58'' 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 TIlE SOUTHERLY LINE OF LOT 10; THENCE SOUTH 89024'55" EAST A DISTANCE OF 109.51 FEET TO THE MOST SOUTIIEASTERLY CORNER OF SAID LOT 10 TO ITS INTERSECTION WITH THE WESTERLY LINE OF EL CAMINO REAL; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 00039'09'. 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 '~rorrey Pines Racquet Club Phase 1 Condominium Plan" Grant Deed Phase I PE642 PACIFIC PINES RACQUET CLUB 32{ recorded on July 9, 1986, as File/Page No. 86-281772, in the Office 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: LIVING UNIT __32L , 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. PARC_EL 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 l PE642 PACIFIC P]INES RACQUET CLUB .... 3 302 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) Peal 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 IN WITNESS WHEREOF, this instrument is executed this ~ ~ ~) day of dt_ -y ,2oo3 by: PACIFICA ENCINITAS, L.P., a California limited partnership By: PACIFICA HOSPITALITY GROUP INC., a Nevada Corporation By:Its General P .e~~ ~ DEEPA~K ISRANI, Secretary Duly Authorized (Please Attach Proper Notary Certificate(s) of AcknowledgmenO Grant Deed Phase 1 PE642 PACIFIC PINES RACQUET CLUB 3 304 GRANT DEED ACC. EPTANCE Order No. PE642L032 EscrowNo. 15535PM Assessor's Parcel No. 262-160-20 (WOP) This is to certify that the interest in real property conveyed by deed or grant dated 7-23-03 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 consents to recordation thereof by its duly authorized officer. Dated: AUGUST 20~ 2003 By: ~~// City Manager City of Encinitas State of Califomia County of San Diego On July 23, 2003 before me, Christine Tran, Notary Public, personally appeared Deepak Israni personally known to me (Xn-l~e-_,,ed -- ms ~,, ,u~ u~:~ _~ __.: ...... :~__ , be the persoi~0' whose name(~)~ is/ar-e--subscribed to the within insmnnent and acknowledged to me that he~ execmed the same in his~ authorized capacity,(2~es'), and that by hi~ signaturo(~on the instrument the persol~sgT, or the entity upon behalf of which the persorg.~acted, executed the instrument. WITNESS my hand and official seal. ] k~./ San DMOO County ~' ~ ~ IdyOomm,F-.x~Dec27.2006 Christine Tran, Notary Public ............ ~ (NOTARY SEAL OR STAMP)