2003-1204195 44 4o DOC 00 -1204195
Recording Requested By: SEP 30, 2003 4: 05 PM
Chicago Title Company I~II~I~L P~DS
Subdivision Depa~ment ~ DIE~ ~Y ~'~ ~FEE
~G~ 3. ~ITH, ~ ~g
Order No.: PE709L010 FEE~: 0.~
Escrow No.: 16702DK 0~: ~
CI~ OF ENC~AS ~?~?~,~
505 S. ~C~ ....
ENC~TAS, CA 92024
IbO- O¢/a SpaceaboveforRecorder'sUse
Mail Ta~ Satemea~ To: DOCU~TaY T~S~R Ta:~
Same ~ abov~ X Comp~ted o~ ae consideration or value of prope~
conveyed; OR
~N:
262-160-09
~ ~ Computed on ~e consideration or val~e less li~as or
-~ ~ encumbr~ces remaiaiag at t~me of sale.
/0 ')~ ~ ?~ ~DERSIGNED G~NTOR
~ Si~a~re of Decider or Agent dete~i~iag tax
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 2 PE709
PACIFIC PINES RACQUET CLUB
A Condominium composed of the following:
PARCEL 1:
An undivided one-thirty-second (1/32ua) fractional interest as tenant-in-common in and to
LOT 9 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.
EXCEPTING THEREFROM all Living Units, as shown and defined in that certain
Condominium Plan entitled 'q'orrey Pines Racquet Club Phase 4 Condominium Plan"
recorded on July 9, 1986, as File/Page No. 86-281778, 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 10L, 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 2 PE709
PACIFIC PINES RACQUET CLUB
44342
comply with ~nd 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 &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 JUNE 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, rights, fights of way, liens, charges, equitable servitude and other matters of record
on the date hereof.
Grant Deed Phase 2 PE709
PACIFIC PINES RACQUET CLUB
44343
IN WITNESS WHEREOF, this instrument is executed this ~(t9 . day of
_~_,_~...~, 2003 by:
PACIFICA ENCINITAS, L.P.,
a California limited partnership
By: PACIFICA HOSPITALITY GROUP INC.,
a Nevada Corporation
By: \l "-'~l~x''yc4~ ~
DDuElyEPAuAthKo~edRANI, S~ecretary
(Please Attach Proper Notary Certificate(s) of .4cknowledgmen0
Grant Deed Phase 2 PE709
PACIFIC PlNES RACQUET CLUB
44344
State of California
County of San Diego
On September 26, 2003 before me, Christine Tran, Notary Public, personally appeared
Deepak Israni personally known to me (or ...... a ..........
on4dea~,) to be the person.(sywhose name,(,syis/a~ subscribed to the within instrument
and acknowledged to me that he/ah~ executed the same in his/l~4thefr'authorized
capacity(ja~)', and that by hi~ signature0r)~bn the instrument the person(cO,, or the
entity upon behalf of which the person~s)' acted, executed the instmmem.
WITNESS my hand and official seal.
~ ~k'~ ,o,o~ Pub,°- ¢o,,o,n,o
j ~..~P/.? San Diego County
1 ~ MyComm. ExpltesDec27,2006~
Christine Tran, Notary Public .............
(NOTARY SEAL OR STAMP)
44345
GRANT DEED ACCEPTANCE
Order No. PE709L010
Escrow No. 16702DK
Assessors Parcel No. 262-160-09
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 consents to recordation thereof by its duly
authorized officer.
Dated: g.-- Z& -'~,'~
City Manager
City of Encinitas