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2003-1008514 I}OC # 2003- 1008514 AUG 19, 2003 3.29 PM RECORDING REQUESTED BY: !. OFFICIAL RECORDS NEW CENTURY TITLE COMPANY 31089 9 SAN DIEGO (OM RECORDER'S OFFICE GRE60RY J. SMITH, COUNTY RECORDER WHEN RECORDED MAIL T0: FEES: 34.00 STEVEN SREB /LAURA SHOOK _ 153 AVOCADO STREET IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ENCINITAS, CA 92024 C 2003.1005514 Z50 5 p Space Above for Recorder's Use CERTIFICATE OF CONSENT TO 151 & 153 AVOCADO STREET CONDOMINIUM PLAN The undersigned, Steven A. Sreb and Laura A. Shook, husband and wife as joint' tenants, being the record owners of the property described hereafter, do hereby consent to the recordation of the hereinafter described Condominium Plan pursuant to California Civil Code Section 1351(e). The property' is located in the City of Encinitas, County of San Diego, State of California, and is described as: The Northerly one -half of Lot 2 in Block "F" of South Coast Park No.5, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 2078, filed in the Office of the County Recorder of San Diego County, November 21, 1927. The property is a Common Interest Development and a Condominium Project. 8/4/03 31383 Attached hereto, and by reference made a part hereof, is a diagrammatic plan ( "Condominium Plan ") of the Condominium Project ( "Project ") and the separate interests therein, consisting of (i) a description or survey map of the Project that refers to or shows monumentation on the ground; (ii) a three - dimensional description of the Project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common areas and each separate interest; and (iii) this Certificate of Consent, consenting to the recordation of this Condominium Plan, signed and acknowledged by the following: (i) The record Owner of fee title to the property included in the condominium project. (ii) In the case of a condominium project which will terminate upon the termination of an estate for years, the certificate shall be signed and acknowledged by all lessors and lessees of the estate for years. (iii) In the case of a condominium project subject to a life estate, the certificate shall be signed and acknowledged by all life tenants and remainder interests. Owners of mineral rights, easements, rights -of -way, and other nonpossessory interests do not need to sign the Condominium Plan. I 8/4/03 31384 The Condominium Plan includes two (2) Condominium Units, each containing the separate interests and the appurtenances as set forth in the Condominium Plan. The Owner of a Condominium will own an undivided 1/2 interest in the Common Area, as defined in the Condominium Plan. "Common Area" shall mean a portion of real property which shall consist of the airspace between fifty feet (50 above the finish grade and fifty -one (51 feet above the finish grade. The Common Area is more particularly shown and described on the Condominium Plan. Separate Interest or Unit, shall mean a separate interest as defined in Section 1351(f) of the California Civil Code. Each Separate Interest or Unit shall be a separate freehold estate as separately shown, numbered and designated in this Condominium Plan. In interpreting deeds, declarations and plans, the existing physical boundaries of the Unit constructed or reconstructed in substantial accordance with the Condominium Plan and the original plans thereof, if such plans are available shall be conclusively presumed to be its boundaries, rather than the description expressed in the deed, Condominium Plan or Declaration, regardless of settling or lateral movement of the building and regardless of minor variances between boundaries, as shown on the Condominium Plan or defined in the deed and Declaration, and the boundaries of a building as constructed or reconstructed. The boundaries of each of the Units as separately shown, numbered and designated in the Condominium Plan consist of the space bounded by and contained within the interior finished surfaces (not including paint, paper, non - bearing walls, tile, enamel, or other finishes) of the perimeter walls, floor, ceiling, windows and doors of each Unit. The following are not part of the Unit: bearing walls, columns, floors, roofs, foundations, central heating and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located; except outlets thereof when located within the boundaries of the Unit or used or operated exclusively by such Unit. The Owner(s) of Unit 1 and the Owner(s) of Unit 2 shall have an access and maintenance easement over the real property as shown and described on Sheet 4 of the diagrammatic portion of the Condominium Plan. 8/4/03 The following symbol, included in the Condominium Plan, is defined as follows: 31385 Unit -# indicates Unit and Number. This Certificate of Consent for the 151 & 153 Avocado Street Condominium Plan is dated S-.k Au 4, 2003 for identification purposes. , Z . -, R Steven A. Sreb Laura A. Shook, Husband and wife as joint tenants IC I I 8/4/03 31386 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of } On V3 before me, A/• v � /L Date Name and Tale of officer (e. g. J Doe, Notary P ') L q personally appeared q Name(s) of Signers) POFSOMB kAGWA 40 P46 fXproved to me on the basis of satisfactory evidence to be the persona whose name&) , are subscribed to the within instrument and Ir acknowledged to me that MLA65P executed AN ITA M. TARTAR [\ the same in/ 11)CLhe 17 authorized Commission i131969t capacity 6p, and that byS/1 elr Notary Public- California signaturn the instrument the persorqsyor San Diego County NyComm.ExpImsSep4,2005 the entity upon behalf of which the persor (�s acted, executed the instrument. I � WITNESS my hand and official seal. Place Notary Seal Above Si nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do n Title or Type of Document: 1121 &Vd1zX_7 Q�osna Document Date: LA S! a oo a Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Clailnt� by Signer �_ , Signer's Name: SStt (/7L Q �/l1G�j q �{��iO0k- W , Top of lhumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1009 National NM a As atm • 9350 De Soto Ave., P0. em 2402 • ChatmoM, CA 9131&2402 • w nationalmwry org Prod No 5907 Awelec Call Toll-Free 1- 000.876 027 01 A 153 AVOCADO STREET 31387 CONDOMINIUMS IN ME pTYOFEWNITA% C0Uffl YOF SAN DIEGO, STATE OFGWFORNIA INDEX SHEET NO. LEGAL DESMM70N COVER SHEETS 1 6 2 OF THE NORTH 112 OF LOT 2 BLOCK 'F' OF PROCEDURE OF SURVEY 3 SOUTH COAST PARK NO.5 IN THE CITY OF HORIZONTAL CONTROL PLAN 4 ENCINITAS, COUNTY OF SAN DIEGO, STATE OF VERTICAL CONTROL PLAN 5 CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2078. SURVEYOR') STATEMENT• I HEREBY STATE THAT I AM A REGISTERED CIVIL ENGINEER OF THE STATE OF CALIFORNIA AND THAT THIS PLAN CONSISTING OF 5 SHEETS CORRECTLY SHOWS THE BOUNDARIES OF THE LAND AND RELATION THERETO THE UNITS REFERRED TO HEREIN; THAT ALL BUILDINGS AND ALL UNITS ARE SHOWN AND CONFORM WITH SAID CONDOMINIUM PLAN. Q �,OFESSIp�, A • pqS Fy an aR►� � 3P � z CD No . 29577 r Exp. 03/31/03 WAY RCE A 2 577 `�q CIVIC- DATE OF CALZF� 4 SHEET VICINITY MAP PASCO ENr7D EERD G 1 wg (858) 259 -8212 535 N. HWY 101. STE. A OF65HEE7 SOL.ANA BEACH, CA 92075 151 & 153 AVOCADO STREET 31388 CONDOMINIUMS IN WE afYOF MNffAra, COUWYOF SAN ozoa STATE OFCAUFMLA LEGEND INDICATES BOUNDARY OF THIS CONDOMINIUM PLAN INDICATES VERTICAL AIRSPACE BOUNDARY PLANE OF UNIT Unit 2 INDICATES UNIT AND NUMBER 9 INDICATES FOUND POINTS AS NOTED O INDICATES SET POINTS AS NOTED BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAN IS THE CENTERLINE OF MYRTLE STREET (VACATED) AS SHOWN ON RECORD OF SURVEY 10069 IE. N74' 14' 47" E GENERAL NOTE THIS CONDOMINIUM PLAN INTENTIONALLY OMITS DETAILED INFORMATION WITHIN INDIVIDUAL UNITS OF THE FOLLOWING ( IF ANY) : BUILDINGS, DRIVEWAYS, WALKWAYS WALLS AND OTHER SUCH FEATURES BENCHMARK DATUM ASSUMED BASED ON THE FINISH FLOOR ELEVATION OF UNIT 1 ELV = 105.00 ,�lfEET 2 OF5 &f I 151 & 153 AYOM 313 CONDOMINIUMS PROCEDURE OF SURVEY N O °O AVOCADO 51REET FOUND 2" IRON PIPE ru WITH DISC MARKED . RCE 29577 o 7 6 n� F I I I 1 I I I SCALE In 1 " =30' orn w I' I „ Im 1 I � I I I 1 -W LL • INDICATES FOUND 3/4 IRON PIPE WITH PLASTIC CAP MARKED RCE 29577 EXCEPT AS NOTED SEE RECORD OF SURVEY NO. 15116 FILED 2 -29 -1996 IN THE OFFICE OF THE SHEET COUNTY RECORDER OF SAN DIEGO FOR DETAILED PROCEDURE. 3 O 556E 151 A 153 APOCADO 5MEET 31390 CONDOMINIUMS HORIZONTAL CONTROL PLAN 39.00' cn w Ln o� � o UN' ED �2 p 33.54 ED 1O 3.0' SCALE i " =30' 0 UN/7- m �o �- UN j I0 2 0l Ln INDICATES ACCESS AND MAINTENANCE EASEMENT IN FAVOR OF BOTH UNIT 1 AND UNIT 2 Sf�EE� 4 OF5&W 151 A 153 APOCADO SrREEf 323 9 CONDOMINIUMS 1 VERTICAL CONTROL PLAN (N0T TO SCALE) AVOCADO STREET NORTH LINE OF NORTH HALF OF LOT 2 PROJECT BOUNDARY z O ° m° o ti� z ti a m= a OZ H VIy H n m o � a ~ x CONDOMINIUM UNIT BOUNDARY c m m s m m y VN Za ti = x mx a `y m a PROJECT BOUNDARY SOUTH LINE OF NORTH HALF OF LOT 2 5HFET S � OF85 W