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2003-1170359," Z7 ,74 DOC 003-1170,359 SEP 2~, 2002S 4-:12 PPi Recording Requested By: Chicago Title Company ~qN I)IE~O COI~NTY ~CORDER'S ~FI~E Subdi~sion Depa~ment G~RY J. ~ITH, COUNTY RECORDER FEES: 22.00 Order No.: PE711L046 Escrow No.: 15963PM When Recorded M~ To: CITY O~ ENC~TAS 505 S. ~C~ A~. ENC~TAS, CA 92024 Space above for Recorder's Use M~ Tax Statements To: DOC~ENT~Y T~SFER T~: $ Same as above X Computed on the eonsid~lion or value of prope~ conveyed; OR ~N: 262-160-20 (~0P) ~ Computed on ~e conside~on or value less liens or encmbrances remaining at time of sale. ~E ~ERSIG~D G~OR Silage of Decider or Agent detaining mx CO~OMI~ 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 4 PE711 PACIFIC PINES RACQUET CLUB 27275 A Condominium composed of the following: PARCEL 1: An undivided one-forty-eighth (1/48th) fractional interest as tenant-in-common in and to 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 THEREOF, FILED IN THE OFIqCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, JULY 8, 1983. EXCEPTING THEREFROM all Living Units, as shown and defined in 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 (hereafter the "Condominium Plan"). ALSO EXCEPTING THEREFROM the fight 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 46L, as shown on that certain Condominium Plan referred to in Parcel 1 above: PARCEL 3: The exclusive fight 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 Grant Deed Phase 4 PE711 PACIFIC PINES RACQUET CLUB 27276 comply with and conform to the Declaration described below, the Articles of Incorporation and Bylaws of the Association and the Rules and Regulations .fi.om 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 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 ILrNE 9, 2003, as Document No. 2003-0679264 (the "Declaration '9 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, fights, rights of way, liens, charges, equitable servitude and other matters of record on the date hereof. Grant Deed Phase 4 PE711 PACIFIC PINES RACQUET CLUB IN ~NITNESS WHEREOF, this instrument is executed this ] 3 -]-'~''[ day of /~0 ~-L)~'-'/', 2003 by: PACIFICA ENCINITAS, L.P., a California limited parthership By: PACIFICA HOSPITALITY GROUP INC., a Nevada Corporation Its General Pa~,~ ~L--7": By:DEEPAK I~,ANI, Secretary Duly AuthoriZed (Please Attach Proper Notary Certificate(s) of Acknowledgmen0 Grant Deed Phase 4 PE711 PACIFIC PlNES RACQUET CLUB .. " 27278 State of California County of San Diego On August 19, 2003 before me, Christine Tran, Notary Public, personally appeared pak ally ~ ....... ~ *~ +~ ~'~:~ ~ s~_t~-sf~_~tory Dee Israni person known to me ~..~. ....... m: :n ..... ~.i&.,.c) to be the person~ay~vhose nameddry'is/a~'~ubscribed to the within instrument and acknowledged to me that he~ executed the same in his/h~-the~ authorized capacity(j~)7, and that by his/l~4ttr~r signaturq0r)~n the instrument the persor~s');, or the entity upon behalf of which the personfs~cted, executed the instrument. WITNESS my hand and official seal.  .] - g£ ~t.,~"~. Commission # 1392011 ~1 Christine Tran, Notary Public · ~ MyC°mm'ExPlmsDec27,20~'i' (NOTARY SEAL OR STAMP) 27279 GRANT DEED ACCEPTANCE Order No. PE711L046 Escrow No. 15963PI*I Assessor's Parcel No. 262-160-02 This is to certify that the interest in real property conveyed by deed or grant dated 8/19/03 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: t/~[/~ Miller City Manager City of Encinitas