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2003-1184045 SEP 25, 2005 Chicago Title Company OFFIOIAL Subdivision Department ~N XEGO ~OUNTY RECORDER'8 OFFICE Order No.: PE642L064 FEE~: ~0.90 Escrow No.: 15959PM CITY OF ENC~ITAS 505 S. ~LC~ A~. ENC~ITAS, CA 92024 Space above for Recorder's Use Mail Tax Statements To: DOCUMENTARY TRANSFER TAX: $295.90 Same as above X Computed on the consideration or value of property conveyed; OR APN: 262-160-20 LdO p [] Computed on the consideration or value less liens or gT///L~''' encumbrances remaining at time of sale. /-9 ')q' o~' THE UNDERSIGNED GRANTOR ~,~ or Agent determining tax Signature of Declarant 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 1 PE642 PACIFIC PINES RACQUET CLUB 319 3 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 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 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 08015'37" 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 50015*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 SOUTHERLY 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 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 "Torrey Pines Racquet Club Phase 1 Condominium Plan" Grant Deed Phase 1 PE642 PACIFIC PINES RACQUET CLUB 31984' 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: LIVING UNIT 64L, 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 nf 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 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. Grant Deed Phase 1 PE642 PACIFIC PINES RACQUET CLUB 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 Documem 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 31986 IN WITNESS WHEREOF, this instrument is executed this ~ day of /~'[_) C_.~5.~'-~ , 2003 by: PACIFICA ENCINITAS, L.P., a California limited partnership By: PACIFICA HOSPITALITY GROUP INC., a Nevada Corporat!on Its General ~ .~ By:I~EPAK/~SRANI, Secretary Duly Authorized (Please Attach Proper Notary Certificate(s) of Acknowledgmen0 Grant Deed Phase 1 PE642 PACIFIC PINES RACQUET CLUB State of California County of San Diego On August 22, 2003 before me, Christine Tmn, Notary Public, personally appeared Deepak Israni personally known to me ~_ .......~_ v, ._~ t~ r.-.¢ ~r. '~ ~ag~g v.-~ o~,.o~.~.-y--':~c .... . ......... ~-to be the perso~/'whose nameJe~is/~ubscfibed to the within instrument and acknowledged to me that he/~'/'t~ executed the sine in his/he~tr~ authorized capaci~ and that by his/l~Cthvh'-signature6~)-~n the instrument the persorllg-)r, or the entity upon behalf of which the person~)"acted, executed the instrument. WITNESS my hand and official seal. ,_ ~'/ ~X~ Commission # 1392011 [ j x.'~*'21v? s~n D~.go cou~ f ] ~ MyComm. Exp~esDec2?,2006~ Christine Tran, Notary Public ............. ~ (NOTARY SEAL OR STAMP) GRANT DEED ACCEPTANCE Order No. PE642L064 EscrowNo. 15959PM Assessor's ParcelNo. 262-160-20 This is to certify that the interest in real property conveyed by deed or grant dated 8/22/03 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: ~/ju J--/C~._~ City Manager City of Encinitas