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2003-1431913 8 297V5 DOC #~OO3-1431913 ' ¡ , DEC 02, 2003 4::26 PM Recording Requested By: Chicago Title Company OFFICIAL RECORDS Subdivision Department SAN DIEGO COUNïY ~:ECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER Order No,: PE709LO05 U12 FEES: 0.00 DC: DC Escrow No,: 17374DK When Recorded Mail To: 1111/11/111111111111111111111111111111111111111111111111111111 1111/111 2003-1431913 ~r CITY OF ENCINITAS 505 S. VULCAN AVENUE ENCINITAS, CA. 92024 I' J~~- (60~ð1-0~ t/ I . flY ¡ ,h1 ' S ace above for Recorder's Use Mail Tax Statements To: DOCUMENTARY TRANSFER T AX: $~ ~ Same as above X Computed on the consideration or value 0 property ,/ conveyed; OR APN: 262-160-09 D Computed on the consideration or value less liens or encumbrances remaining at time of sale. THE UNDERSIGNED GRANTOR Signature of Declarant or Agent determining tax CONDOMINIUM GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged P A CIFI CA EN CINIT AS, 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 . 8 8 29'7'76 A Condominium composed of the following: PARCEL 1: An undivided one-thirty-second (l/32nd) 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 "Torrey 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 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 5L, as shown on that certain Condominium Plan referred to in Parcell 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 of Grantor and for the benefit ofthe 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 . 8 8 29777 comply with and confonn to the Declaration described below, ~he 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 perfonnance 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 tenns, conditions, provisions, easements, covenants and restrictions set forth in that certain REST A TED 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) 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 2 PE709 PACIFIC PINES RACQUET CLUB 8 8 29778 IN WITNESS WHEREOF, this instrument is executed this /1 day of ~, 2003 by: PACIFICA ENCINITAS, L.P" a California limited partnership By: PACIFICA HOSPITALITY GROUP INC., a Nevada Corporation Its General Partner .: By: (Please Attach Proper Notary Cerlificate(s) of Acknowledgment} Grant Deed Phase 2 PE709 PACIFIC PINES RACQUET CLUB , 8' 8 .29779 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . ~.Q:': Œ~~M:~~~ ('X'd. -<.x: -x'. "{' <;<:~,ç<; -x'~,ç<1~ ~..ç{':Œ&<.'-<;X~,ç<: .Q:': ~,ç<:~,ç<: if&f'm~,ç{: g:Y. ~:' '".._", ,,;.,,', .:.,.,~J...-- ..;ç"cv. ..u.,;ç'---~"""""--"-"--""""~""'L"""""~'-"@ ~ . . ~ ~ Stale of ca",mma, } SSe ~ ~ County of 5¿rJ) 0 ( e1° ~ Xi' g ~ On IJOVl/t1t~J1'Õ3 belomme, -rvrn~,,::_';::}::,,~/Æ~t~¡¿44 ~ ~ personally appeared 'IU ~ k Tf /'t4-/J1 ~ . Name(s) of Signer(s) . ~ ~ ~ , j ersonally known to me :~ ~ '=:1 proved to me on the basis of satisfactory ~ B evidence :' ~ g g - to be the person(s) whose name(s) is/are g g i -,' subscribed to the within instrument and !is j;¡, ~ ~~- acknowledg'" to me that he/shellhe, e"cut'" ~ ~ l:, ....",.;;'/' J"'" the same in his/her/their authorized ~ ~ .. . --q:r lit. capacity(ies), and that by his/her/their g ~ -C8IIa ~~ signature(s) on the instrument the person(s), org ~ '.' .. the entity upon behalf of which the person(s) g g acted, executed the instrument. g ¡<; " ~ WITNESS my hand and official seal. ~ ~ V~ ~ Pc Signature of Notary PubÌlc g ~ g ~ . a g g OPTIONAL g ~ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent g ~ fraudulent removal and reattachment of this form to another document. 3 ~ Description of Attached ~ocument . ~ ~ Title or Type of Document: ÛrnrlÆmÍ1'1rw. &K.441 f ~Lol ~ g Document Date: - Number of Pages: 'I g ~ ~ ~ Signer(s) Other Than Named Above: ~ ~ g ~ Capacity(ies) Claimed by Signer . .~ g Signer's Name: DLenak J)~IJI g Pc I g ~ [J Individual Top of thumb here ~ ~ = Corporate Officer - Title(s): ~ ~ :::::J Partner - D Limited D General ~ ~ D Attorney-in-Fact ~ g D Trustee g ~ ~ Guardian or Conservator * ~ Other: ~ ~ Signer Is Representing: ~ ~ . ~'~:'<:;'Ç.(;'<:X, '<X,"Xo,;~,<:;,<:,{, '<X, ~ ~~,<:;;.c'(;'Q~ '<X.'('~ '<X, '<X,'<X;Ç-¡ ><'-,<;'('.<;.'(X;%~~~ '<X. ~ '<X "Xoxx" '<X. "Xo '<X. ~xx. '9(. 'ð{, '(Y ~ @ 1999 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402' www.nationainotary.org Prod. No. 5907 Reorder: Cail Toil,Free 1,800,876-6827 . 8 29780 e , NOTARY SEAL CERTIFICATION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name oflhe Notary:~yv<:: ( AJ ~ ~d \ Commi$sion Number: jllZLl5l{ð Date Commission Expires:~1 County Where Bond is Filed: S"'^ 0 .~ Manufacturer or Vendor Number: ~ ~//)1 (Located on both sides of the notary seal border) ~~~) Signature: Place of Execution: San Diego Date: 1t.-, ?-, (,/~ Reo. Form m1O.1 (Rev. 6/11/03) j . . - - 29781 . . GRANT DEED ACCEPTANCE f . Order No. PE709LO05-U12 Escrow No. 17374DK Assessor's Parcel No. 262-160-09 This is to certify that the interest in real property conveyed by deed or grant dated 11/] 9/03 from Pacifica Encinitas, LP. to the City ofEncinitas, 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: November 19, 2003 By: ¿.p£/~ £ÞÝ Miller City Manager City of Encinitas