2005-363952 APR-15-2005 FRI 12:24 PH HILTON PORTLAND
,..
Apr' 15 GS 11 : 34a
frank and Burke , I IIII IIII III 11111 IN I 111111111111111111111111111111111111111 IIII
RECORDED AT THE REQUEST OF
COMMONWEALTH LAND TITLE COMPANY MAY 02, 2005 8:53 AM
I
OFFICIAL RECORDS
j SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ.SMITH,COUNTY RECORDER >
ed BY:Requesty: FEES. 38.00
1 V' �
Robert D. Frank, E8q. PAGES: 11
cdA When Recorded Mail To: 11111111 Hill Hill 11111111111 hill Hill hill Hill hill Hill Hill Hill Hill oil 1111
2005-0363952 �I
Robert D. Frank, Esq.. --— - - -
1104 Camino Del Mar
Suite 10 ! g955
Del Mar, CA 92014
CERTIFICATE OF CONSENT
,
The undersigned, Elinor L. Neafsey, Judith A. Amiguet, Allene J. Shore, and
Jean A. Brennecke, being the retold owners of the real property hereinafter
described and shown upon the condominium Plan attached hereto as Exhibit "A"
do hereby Conserit to the recordation of said Plan pursuant to California Civil
Code Section 1351, with the intent to cause the property shown and described
thereon to be divided into Condominiums as defined in California Civil Code
Section 783 in order that the Provisions of Title 6, Part 4, Division Second of the
California Civil Code shall be applicable to said property.
The undersigned further Certifies that the only Holder of Security Interest
in said real property is: PFF Bank A Trust
The aforementioned real property is described as follows: i
LOT 4, IN BLOCK A OF STURGES & RATTON'S SUBDIVISION OF
EAST BLOCK 10 IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAY THEREOF NO
33, FILED; IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 19. 1887, TOGETHER WITH THE
WESTERLY 10 FEET OF DEWITT AVENUE LYING ADJACENT TO
SIAD LOT 4 ON THE EAST AS CLOSED AND VACATED TO, PUBLIC
USE BY THE COUNTY OF SAN DIEGO BY RESOLUTION RECORDED
SEPTEMBER 15, 1949 IN BOOK 3319, PAGE 345 OF OFFICIAI.
RECORDS.
Dated:
I
Elinor L. Neaf ey Ju I A. Amiguet
A ene J. Shore
Brennecke
I i
i
I i �
TRUE COPY CERTIFICATION 6956
(Government Code 27361.7)
San Diego
Place of Execution
I certify under penalty of perjury that this material is a true copy of the original
material contained in this document.
Date Signature of Declarant
Type or Print Name
I
Rw.Fa MR9.1(611-03) -
Recording Requested By:
Robert D. Frank, Esq.
When Recorded Mail To: 6957
Robert D. Frank, Esq.
1104 Camino Del Mar
Suite 10
Del Mar, CA 92014
CERTIFICATE OF CONSENT
The undersigned, Elinor L. Neafsey, Judith A. Amiguet, Allene J. Shore, and
Jean A. Brennecke, being the record owners of the real property hereinafter
described and shown upon the condominium Plan attached hereto as Exhibit "A",
does hereby Consent to the recordation of said Plan pursuant to California Civil
Code Section 1351, with the intent to cause the property shown and described
thereon to be divided into Condominiums as defined in California Civil Code
Section 783 in order that the Provisions of Title 6, Part 4, Division Second of the
California Civil Code shall be applicable to said property.
The undersigned further Certifies that the only Holder of Security Interest
in said real property is: PFF Bank & Trust
The aforementioned real property is described as follows:
LOT 4, IN BLOCK A OF STURGES & RATTON'S SUBDIVISION OF
EAST BLOCK 10 IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAY THEREOF NO.
33, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 19, 1887, TOGETHER WITH THE
WESTERLY 10 FEET OF DEWITT AVENUE 'LYING ADJACENT TO
SIAD LOT 4 ON THE EAST AS CLOSED AND VACATED TO PUBLIC
USE BY THE COUNTY OF SAN DIEGO BY RESOLUTION RECORDED
SEPTEMBER 15, 1949 IN BOOK 3319, PAGE 345 OF OFFICIAL
RECORDS.
Dated:
Elinor L. Neafsey Judith A. Amiguet
Allene J. Shore Jean A. Brennecke
APR-15-2005 FRI 12:24 PH HILTON PORTLAND FAX N0, 5032202565 . 03 j
Apr ' 15 O5 11 : 34a frank and burke
I i
I
I
6958
ACKNOWLEDGMENTS
State Ol
County of
On .15 ZEr7s ' before me.', ,
personally appeared
personalty known to me [ ] proved to me on
the basis of satisfactory evidence to be the persons] whose name[s] N-1 is [o/[
are Subs, ad to the within instrument and acknowledged to that [ ] hem
she [�( ]'they executed the same in ,[ ]:his [X-4,her J'(]-th authorized [
capacl. [ capacites, and that by [ ] his her [y,Ltheir signature`s) on the i
instrument t no person[s], or the entity upon ben If of which the pers on s] acted,
executed the instrument. [Sea d �a Se ice/
WITNESS my hand and official seal. oFflcuLsEAu
/ HARMONY S.8 ARDSLEY
f NOTARYSION NO.Signatur� � COMMISSION NS MARCH MY COMMISSION EXPIRES MAflCN 27,2007 i
('(AU,r�u35il�v.l ���'Yrs�. /j'larcl22��Zoo�- '
I
State of ! }
County of
On
! before me,
I personally appeared
[ ] personally known to me [ ] proved to me an
the basis of satisfactory evidence to be the person[s] whose names] [ X] is ( ]
are subscribed to' the within instrument and acknowledged to me that [ ] he (X ]
she [ J they executed the same in [ ] his ( X J her [ ] their authorized [ X I
capacity [ ] capacities, and that by[ J his [ X ] he'r [ ] their signature[s] on the �
instrument the parson[s], or the entity upon behalf of which the persons] ac,e;d. ;
executed the instrument.
WITNESS my hand and official seal.
I ,
Signature
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,
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APR-15-2005 FRI 12:24 PH HILTON PORTLAND FAX N0, 5032202565 P. 04 I
ieselzss-sssz p v
15 OS 11 : 35a frank and Burke i
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6959 ;
State of C zFtaG! }
County of Sad+ Ard,'AROfN� }
On ' ��/� LoaS before me,
RitSAuuc Na/4%1Y
cp,�,c personally appeared
EL/NO2 a�,af 5r Y [ ] personally known to me ] proved to me an ;
the basis of satisfactory evidence to be the person[$] whose namet*[ X ] is [ 1
are subscribed to the within instrument and acknowledged to me that [ ] he [X ]
she { ] they executed the Same in [ ] his [ X ] her [ ] their authorized ( X ]
capacity [ ] capacities, and that by { ] his ( X ] her [ ] their signature[b] on the
instrurent the person[$], or the entity upon behalf of which the person[*] acted,
executed the instrument.
[Seal]
WITNESS my hand and official seal.
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Signature No}Qy R M -Cd fWft
Los
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j MY Cam.E�YesApr22 2007
State of CAS/� }
County of`Wr'kANARnfr�v }
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On /1g4L.?_. ?,o6-5 : before rne,
/Itaae /V pc &.r— Personally appeared
QGLCrfo s S oR2__ _ ( ) personally known tome [kj proved tome on
the basis of satisfactory evidence to be the person[,1►] whose name[s] [ X ]Fie {X i
are subscribed to the within instrument and acknowledged tome that [ ] [ ]
she [ ] they executed the same in [ ] his [ X ] her [ ] their authorized [ X ]
capacity [ ] capacities, and that by [ ] his [ X ] her [ ] their signature[ on the
instrument the person[y], or the entity upon behalf of which the person[g aclr_d,
executed the instrument.
[Seal]
WITNESS,my hand and official seal.
Signature .----
I ,
R.ASHLOCK !
CmNnWlon i 1413126
Notory Public -CaCrornla ;
Los P{geles.CouMy
W Ceinit Ei 6Z Apr 22 2007
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ENCINITAS
ENCINITAS BLVD NO SCALE
1i to
6960
°
O A
PROJECT SITE 9 y� o
70
!: 9 = N SANTA FE DR.
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° v VICINITY MAP
LEGAL DESCRIPTION
LOT 4, BLOCK A OF STURGES AND RATTAN'S SUBDIVISION OF EAST BLOCK 10 OF
ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 33, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON MARCH 19, 1887, TOGETHER WITH THE WESTERLY 10 FEET
OF DEWITT AVENUE LYING ADJACENT TO SAID LOT 4 ON THE EAST AS CLOSED AND
VACATED TO PUBLIC USE BY THE COUNTY OF SAN DIEGO BY RESOLUTION RECORDED ON
SEPTEMBER 15, 1949, IN BOOK 3319 PAGE 345 OF OFFICIAL RECORDS.
BASIS OF BEARING
CENTERLINE OF DEWITT AVENUE AS SHOWN ON PARCEL MAP NUMBER 16021 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 1, 1990 AS
FILE NUMBER 90-111790.
SURVEYOR'S STATEMENT
I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA,
AND THAT THIS PLAN, CONSISTING OF 5 SHEETS, CORRECTLY SHOWS T ARIES
OF THE LAND, AND THE RELATIONSHIP OF THE UNITS THERETO. ;) LAND 8 li,9�
G
V �
v Armand A. Marais 9
No.L.S.5941
AR ND A. MAROIS L.S. 5941 Exp. L \Q
EXP. 12131104
OF C
PREPARED BY: CONDOMINIUM PLAN
BHA INC.
5115 AVENIDA ENCINAS 1028-1030 DEWITT AVENUE SHEET 1 OF 6
SUITE L ENCINITAS, CALIFORNIA
CARLSBAD, CA 92008
760 931-8700
K-\Land Prolects 3\678-0907-400\0907Mop8ase\nap-baseO907.deo 12/3/2004 12-34-47 PM PST
i
CONDOMINIUM PLAN
I PARC-PL J, PJ\/1 16021 P SCALE 1"=20'
I
(LOT So JVJAP 33) FSTAMPEDLS /DISC
1 813
FD 3/4" IP W/DISC (ILLEGIBLE), PER PM 16021 I 6961
ACCEPTED AS MONUMENT SET PER V V
I PM 16021 " E 109.83"
N 83'19'46'
E 109.81' N 83'20'36
10' VACATION PER RESOLUTION RECORDED N N
oO
SEPT. 15, 1949 BOOK 3319 PAGE 345. a D
Lnn U'.
Li Ls
NN
s
oo LOT o AJJAP 33
0 op
CD(D
0
u1 cn
0
0
109.79' d
ZZ S 83'18'12" `1'I
00 C'7
0 rn NNI
J J• FD 3/4" IP W/DISC STAMPED RCE 7452, 0$,
o DISTURBED, SEE PM 16021
S45-27'16"W, 0.16' FROM TRUE CORNER LIM
9 I SHOWN FOR REFERENCE ONLY NNI
r L I� mml Z
o LOT 6, AJJAP 33 I CrJ
I I 109.7
I � N 8 9 I
I
/,,--FD 1/2" SQUARE PIN I
PER PM 16021
1/2" SQUARE PIN PER
PM 16021, DESTROYED,
FL BBD RECORD POSITION HELD
• FD MONUMENT AS NOTED
( ) RECORD DATA PER PM 16021
INDICATES PROJECT BOUNDARY
O SET 314" IRON PIPE TAGGED LS 5941
PREPARED BY: CONDOMINIUM PLAN
BHA INC.
5115 AVENIDA ENCINAS 1028- 1030 DEWITT AVENUE SHEET 2 OF 6
SUITE L ENCINITAS, CALIFORNIA
CARLSBAD, CA 92008
760 931-8700
K-\LOnd Pro lects 3\670-0907-400\0907KwBase\nw-1xise0907.deo 12/3/2004 12,34.47 PM PST
CONDOMINIUM PLAN
I
I I SCALE 1"=20' .
6962
N83'19'46 11E
109.81' 51.16'
5.09' d
58 N
.65'
N83.0914' 37.95' rn 0)
Ln . o o FOOIt 2 N �3
Z \ FF 1. 126.1 tO- z
rn rn 14•W
,. ri S83'09
N83'0914 E 37.95 _rn lo Z
%�80 rn o FI OOR ��
LA
�
<r N 0- . 125.VcLarn BOUNDARY TIE ONLY CrJ
o / o,(C E E 37.95' f S88T40"W 51.19'
o m N83'091 4.90' 50.94
58.85' 8 12"W 109.79' I
S3'18' i
I
I I
ICI
I
PROJECT BOUNDARY
I
LEGEND
INDICATES PROJECT BOUNDARY
INDICATES UNIT BOUNDARY
INDICATES AIRSPACE BOUNDARY OF UNIT
INDICATES LIMITS OF U-1 EXCLUSIVE USE COMMON AREA
® INDICATES LIMITS OF U-2 EXCLUSIVE USE COMMON AREA
® INDICATES LIMITS OF COMMON AREA
U-1 INDICATES UNIT ALPHA-NUMERICAL DESIGNATION
PREPARED BY: CONDOMINIUM PLAN
BHA INC.
5115 AVENIDA ENCINAS 1028- 1030 DEWITT AVENUE SHEET 3 OF 6
SUITE L ENCINITAS, CALIFORNIA
CARLSBAD, CA 92008
760 931-8700
K.\LwW Pro lads 3\678-0907-400\0907KmBuse\n o-base0907dsa 12/3/2004 2-10-35 PM PST
CONDOMINIUM PLAN 6963
SCALE 1°=10"
15.97'
\� \. 21.98' .
5.12!
\ \' Og 2
F'F ELEV. 118.4 7.12'
\ \ o w
0
34.22 rn
`O.
U-2
InDOR 2
to F'F sv. 118.4
to
37.95'
PROJECT BOUNDARY
LEGEND
INDICATES PROJECT BOUNDARY
INDICATES UNIT BOUNDARY
INDICATES AIRSPACE BOUNDARY OF UNIT
INDICATES LIMITS OF U-1 EXCLUSIVE USE COMMON AREA
® INDICATES LIMITS OF U-2 EXCLUSIVE USE COMMON AREA
® INDICATES LIMITS OF COMMON AREA
U-1 INDICATES UNIT ALPHA-NUMERICAL DESIGNATION
PREPARED BY: CONDOMINIUM PLAN
BHA INC.
5115 AVENIDA ENCINAS 1028-1030 DEWITT AVENUE SHEET 4 OF 6
SUITE AD, CA 92008 ENCINITAS, CALIFORNIA
760 931-8700
K-\Land Pro lects 3\678-0907-400\0907MQoBAse\w -hase0907dso 12/3/2004 2d0'3$ PM PST
NOTES AND DEFINITIONS
EACH UNIT CONSISTS OF 1 BUILDING AND THE SURROUNDING AIRSPACE ENVELOPE AS SHOWN
HEREON.
2. "UNITS" ARE NUMBERED U-1 AND U-2 INCLUSIVE. TOTAL NUMBER OF UNITS IS TWO (2).
3, "CONDOMINIUM" SHALL MEAN AND REFER TO AN ESTATE IN THE REAL PROPERTY SHOWN HEREON,
AS DEFINED IN CIVIL CODE SECTION 1351(F), AND SHALL CONSIST OF UNDIVIDED INTEREST AS
TENANT-IN-COMMON IN A PORTION OF THE REAL PROPERTY DESCRIBED HEREIN AS "COMMON
AREA" OR "COMMUNITY COMMON AREA-(CCA) COUPLED WITH A SEPARATE INTEREST IN SPACE
CALLED A UNIT, THE BOUNDARIES OF WHICH ARE DESCRIBED ON THIS PLAN WITH SUFFICIENT
DETAIL TO LOCATE ALL BOUNDARIES THEREOF.
4, "UNIT" SHALL MEAN AND REFER TO THE SEPARATE INTERESTS IN SPACE, AS DEFINED IN
CALIFORNIA CIVIL CODE SECTION 1351(F), IN THE CONDOMINIUM PROJECT WHICH ARE NOT OWNED
IN COMMON WITH THE OTHER OWNERS OF OTHER CONDOMINIUMS IN THE PROJECT. EACH OF THE
UNITS SHALL BE A SEPARATE FREEHOLD ESTATE. SAID UNITS ARE SHOWN AND DESCRIBED BY
AIRSPACE ENVELOPES DIMENSIONED AND SHOWN ON THESE PLANS.
EACH UNIT IS A THREE-DIMENSIONAL DIVISION OF LAND (INCLUDING AIRSPACE, EARTH, WATER, AND
IMPROVEMENTS) THE LATERAL BOUNDARIES OF WHICH ARE VERTICAL PLANES AT THE LIMITS OF THE
HORIZONTAL DIMENSIONS OF EACH SUCH RESPECTIVE UNIT AS SHOWN ON THE PLAN, THE UPPER
LIMIT OF WHICH EXTENDS FROM GROUND ELEVATION TO THE UNIT ABOVE OR TO THE HEAVENS;
AND THE LOWER LIMIT FOR WHICH EXTENDS FROM THE GROUND ELEVATION DOWN TO THE CENTER
OF THE EARTH; EXCEPTING THEREFROM THE "CCA" AS DEFINED HEREIN.
5, "COMMON AREA" OR "COMMUNITY COMMON AREA" (CCA) SHALL CONSIST OF AIRSPACE AND, WHERE
SUCH EXISTS, CONDUITS, PIPES, PLUMBING, WIRES, EXTERIOR SPRINKLERS AND SPRINKLER PIPES,
TELEVISION SATELLITE AND/OR CABLE TELEVISION INSTALLATIONS, AND OTHER UTILITY INSTALLATIONS
REQUIRED TO PROVIDE POWER, LIGHT, TELEPHONE, GAS, WATER, SEWERAGE, DRAINAGE, AND OTHER
SUCH UTILITY SERVICES, EXCEPT WHEN SUCH SYSTEMS ARE LOCATED ENTIRELY WITHIN A UNIT
AND/OR WHEN SUCH SYSTEMS ARE LOCATED OUTSIDE THE BOUNDARIES OF A UNIT AND SERVE,
AND ARE DESIGNED TO SERVE, OR ARE USED OR OPERATED EXCLUSIVELY BY THE OWNER OF ONE
UNIT AND NOT IN COMMON.
AN EASEMENT IS HEREBY GRANTED TO EACH OWNER OF EACH UNIT A UNIT SEPARATE INTEREST
THROUGH ANY OTHER UNIT FOR ACCESS PURPOSES TO THE CCA EXCEPTING THEREFROM ANY
PORTION OF A UNIT THAT CONSISTS OF A BUILDING.
6. ALL REAL PROPERTY SHOWN HEREON NOT LOCATED WITHIN A UNIT, IS PART OF THE COMMON
AREA.
7. DIMENSIONS LABELED HEREIN SHALL HAVE PRECEDENCE OVER DISTANCES SCALED FROM PLANS
8. ALL LATERAL BOUNDARIES ARE VERTICAL PLANES AT THE LIMITS OF THE HORIZONTAL
DIMENSIONS SHOWN ON THESE PLANS. ALL VERTICAL AND HORIZONTAL LINES INTERSECT AT
RIGHT ANGLES, UNLESS OTHERWISE NOTED OR APPARENT, ON THIS CONDOMINIUM PLAN.
9. IN INTERPRETING THE DEEDS AND PLANS, THE EXISTING PHYSICAL BOUNDARIES OF A UNIT AND
BUILDING THEREIN, WHETHER IN ITS ORIGINAL STATE OR RECONSTRUCTED IN SUBSTANTIAL
ACCORDANCE WITH THE ORIGINAL PLANS THEREOF, SHALL BE CONCLUSIVELY PRESUMED TO BE
ITS BOUNDARIES RATHER THAN THE DESCRIPTION EXPRESSED IN THE DEED, LEASE, DECLARATION
OR THIS PLAN, REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF THE BUILDING(S) AND
REGARDLESS OF MINOR VARIANCE BETWEEN THE BOUNDARIES SHOWN ON THIS PLAN AND THOSE
OF THE BUILDING AS ACTUALLY PHYSICALLY CONSTRUCTED.
PREPARED BY: CONDOMINIUM PLAN
BHA INC.
5115 AVENIDA ENCINAS 1028-1030 DEWITT AVENUE SHEET 5 OF 6
SUITE L ENCINITAS, CALIFORNIA
CARLSBAD, CA 92008
760 931-8700
K,\Lmd Pro lects 3\678-0907-400\0907MaoBose\nm-buse0907d■o 12/3/2004 12-0855 PM PST
AIR
CONDOMINIUM UNIT AREA CONDOMINIUM UNIT AREA 6965
(INDEFINITE DISTANCE) (INDEFINITE DISTANCE)
51 FEET ABOVE FINISH GRADE
COMMON AREA COMMON AREA
0 0
50 FEET ABOVE FINISH GRADE
m m
Q
W FLOOR 2 W
Z
3 FINISHED FLOOR
O ELEVATION 125.1 O O
D! m D_
D_ FLOOR 1 FINISH GRADE (GROUND ELEVATION) o_
FINISHED FLOOR I--
ELEVATION 116.4 Z
CONDOMINIUM UNIT AREA Z CONDOMINIUM UNIT AREA
(INDEFINITE DISTANCE) O (INDEFINITE DISTANCE)
0
Z
O
U
CENTER OF EARTH
SIDE VIEW
N.T.S.
BASIS OF ELEVATIONS: BM OC 139
ELEVATION = 76.506 NGVD29 DATUM
FOUND STANDARD DISK STAMPED "OC 139 1968" IN SIGNAL LIGHT BASE AT THE SOUTH WEST
CORNER OF THE INTERSECTION OF J STREET AND HIGHWAY 101 .
PREPARED BY: CONDOMINIUM PLAN
BHA INC.
5115 AVENIDA ENCINAS 1028-1030 DEWITT AVENUE SHEET 6 OF 6
SUITE L ENCINITAS, CALIFORNIA
CARLSBAD, CA 92008
760 931-8700
K.\L" Pro lscts 3\678-0907-400\0907MapBasrWo-"se0907dso 12/3/2004 2-18,34 PH PST