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2003-1165182 R~ ECORDED AT THE REQUEST OF Recording Requested By: ~ 5A2 , 200~ 4:5~ F'~ Chicago Title Company ~ ~ OFEICIAL RECORDS Subdiv~ion Depa~ment ~N QIE~ CDU~ffY E~RDE~'B OFFICE Order No.: PE7HL03~ ~1 GEGORY J. ~ITH, CDU~ITY RECORDE~ FEES: 0.00 Escrow No.: 16245~ ~: OC C~Y OF ENC~TAS 505 S. ~C~ A~E ENC~AS, CA 92024 ~ ( t Co~G-~ [~ Sp,ee nbove for Recorder's Use Mnil Tnx Stntemen~ To: DOC~y ~S~ER T~: ~ Snme~ nbove X Computed on ~e consideration or value of prope~ conwyed; OR ~: 262-160-02 ~ Computed on the consideration or value l~ss li~ns or / )" ' encumbrances ~maining at time of sale. T~ ~DERSIGNED G~TOR Si~amre of Deel~t or Agent dete~ining t~ CONDOMI~ G~T DEED FOR A V~UABLE CONSIDE~TION, receipt of w~ch is hereby ac~owledged PACIFICA ENCINITAS, L.P., a California limited panne~hip hereby G~NTS TO: CITY OF ENCINITAS · e following described re~ prope~ si~ted in ~e CiW of Enci~t~, Co~W of S~ Diego, State of California: Grant Deed Phase 4 PE71 ] PACIFIC PINES RACQUET CLUB '38852 A Condominium composed of the following: PARCEL 1: An undivided one-forty-eighth (1/48th) fractional interest as tenant-in-common in and to I 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 ..... o,~.r~ s~C~O 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 36L, 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 &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 PE71 I PACIFIC PINES RACQUET CLUB 35853 comply with and confo~n to thc Declaration described below, the Articles of Incorporation and Bylaws of the Association ~md 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. 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 "D ' ' ,~ ectaration ') 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. Granl Deed Phase 4 PE711 PACIFIC PINES RACQUET CLUB · IN 'WITNESS WHEREOF, this instrument is executed this ~ day of St~ [::~'~'/..~ ~"~ , 2003 by: PACIFICA ENCINITAS, L.P., a California limited partnership By: PACIFICA HOSPITALITY GROUP INC., a Nevada Corporation By: DDE.~EpA~ S~Nuly AuthOrized (Please Attach Proper Notary Certificate(s) of ,4cknowledgmenO Grant Deed Phase 4 PE711 PACIFIC PINES RACQUET CLUB State of California Cgunty of San Diego On September 3, 2003 before me, Christine Tran, Notary Public, personally appeared Deepak Israni personally known to me (cz pre~,ea *e ~.. cn ,t.; ~___:~ ~ ~:.~ ..... · ~ to be the personl~g/whose namek~ is/are, subscribed to the within instrument and acknowledged to me that be/al~ executed the same in his~ authorized capacity~g/, and that by his/t~.ffthe~ signatureOO~n the instrument the person¢~, or the entity upon behalf of which the persorl~ acted, executed the instrument. WITNESS my hand and official seal. Christine Tran, Notary Public · ~ MyComm. Exp~'esDec2?,~ (NOTARY SEAL OR STAMP) 38856 , GRANT DEED ACCEPTANCE Order No. EscrowNo. Assessor's Parcel No. 262-160-02 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 behal£ 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: By: ~ City Manager City of Encinitas