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2003-1320771 " ,0 8' # '003-1320771 0' 18190 DOC . , J)J;}- /&0- OJ/~ OCT 30. 2003 2:10 PM Recording Requested By: (fFICIAL RECORDS Chicago Title Company SAN DIEGO COUNTY RECORDER'S OFFICE Subdivision Department GREGORV ,1. SilITH, CIlJNTV RECORDER FEES: 297.00 Order No.: PE71lL045 DC: DC Escrow No.: l5964PM When Recorded Mail To: U"'J,.I.~'I" CITY OF ENCINITAS 505 S. VULCAN AVE. ENCINITAS, CA 92024 pc:' ;/tì11 tt H-<>'f Space above for Recorder's Use Mall Tax ~ments To: DOCUMENTARY TRANSFER TAX: $ 275.00 Same as above X Computed on the consideration or value of property conveyed; OR APN: 262-160-20 (WOP) 0 Computed on the consideration or value less liens or encumbrances remaining at time of sale, 1HE UNDERSIGNED GRANTOR Signature of Declarant or Agent determining tax 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 4 PE711 PACIFIC PINES RACQUET CLUB .' 18191 . A Condominium composed of the following: PARCEL 1: An undivided one-Corty-eighth (1¡48tb) ftactional interest as tenant-in-common in and to LOT 2 OF COUNTY OF SAN DIEGO TRACT 3960, IN THE CITY OF ENCINIT AS, 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 2 Condominium Plan" recorded on July 9,1986, as FiIe!Page No. 86-281774, 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 45L, 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 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 PACWIC PINES RACQUET CLUB .' 18192 . comply with and conform to the Declaration described below, the Articles of Incorporation and Bylaws of the Association and the Rules and Regulations ftom 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 tlJe 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. TillS 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") 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) An 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 4 PE7I1 PAcmc PINES RACQUET CLUB .. i8193 . IN WITNESS WHEREOF, this instrument is executed this ~ q TH- day of A U('-ri)~f ,2003 by: PACIFICA ENCINITAS, L.P., a California limited partnership By: PACIFICA HOSPITALITY GROUP INC., a Nevada Corporation Its General P r ,. By: (Please Attach Proper Notary Certijicate(s) of Acknowledgment) Grant Deed Phase 4 PE711 P AcrnC PINES RACQUET CLUB 8' 18194 8 State of California County of San Diego On August 19, 2003 before me, Christine Tran, Notary Public, personally appeared Deepa.k Israni personally known to me (er flre.cd I\. .l.-' 6ft the þasif nf' oaý~f8støf)' ¡;.ldt.u...ry to be the persoIJ(B1'whose nam~ isl~ubscribed to the within instrument and acknowledged to me that hel~y executed the same in hislåerltb:eti' authorized capacityu..sr, and that by hisLàerftbetr si~n the instrument the person(s1, or the entity upon behalf of which the perso~ted, executed the instrument. WITNESS my hand and official seal. CHRISTINE IRAN 0f»1h7Y/L~~ - CommiSSion # 1392011 I . Notary PublIc . CQ jlomkl C San DIego County cl Christine Tran, Notary Public - - ~Comm,-~0ee2~2OOð (NOTARY SEAL OR STAMP) . 18195 . . . , GRANT DEED ACCEPTANCE Order No. PE711LO45-Ul2 Escrow No. 15964PM Assessor's Parcel No. 262-160-02 This is to certify that the interest in real property conveyed by deed or grant dated MliL03 from Pacifica Encinitas, L.P. 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 ofEncinitas adopted on March 26, 2003 and the grantee consents to recordation thereof by its duly authorized officer. Dated: AU2ust 19. 2003 By WÄ-II'- Æ Miller City Manager City ofEncinitas