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2001-774530 DOC # 2001-+0`�7�53� 2001-0774530 OCT 25 , 2001 12 : 35 FM Recording Requested By: OFFICIAL RECORDS And SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER When Recorded Mail To: 9124 FEES: 42.00 JOE ZUMMO 705 CORNISH DR ENCINITAS, CA 92024 1a SPACE ABOVE FOR RECORDER'S USE (Index as Condominium Plan) CERTIFICATE OF CONSENT TO RECORDATION PURSUANT TO CIVIL CODE SECTION 1351(e) FOR "705 CORNISH DRIVE & 115 REQUEZA DRIVE" The undersigned, JOE A. ZUMMO AND DENISE M. ZUMMO, being the record owners of the property hereinbelow described, does hereby consent to the recordation of the hereinafter described Certificate pursuant to California Civil Code Section 1351(e). Said property is situated in the City of Encinitas, County of San Diego, State of California, and is described as: LEGAL DESCRIPTION: THAT PORTION OF LOT 11 IN BLOCK "K" OF ENCINITAS HIGHLANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4, 1928, LYING NORTH OF A LINE THAT IS PARALLEL WITH AND DISTANCE 58.00 FEET NORTHERLY CONSENT FORM 1 - 9125 MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT. Said property shall be a Common Interest Development ("Project') pursuant to California Civil Code Section 1351(c)(2) and as more fully defined in Civil Code Section 1351(f). Attached hereto, and by reference made a part hereof, is a diagrammatic plan (or"Plan") of the Project and the separate interests therein, consisting of(i) a description of the Project that refers to or shows monumentation on the ground, and (ii) a three-dimensional description of the Project in sufficient detail to identify the Common Areas and/or Community Common Areas and each separate interest. The diagrammatic plan comprises two (2) Units, each containing the separate interests and the appurtenances as shown thereon. The symbols used in the Plan are defined as follows: U Means and refers to Unit. Maintenance Easement Means and refers to the Maintenance Easement or Maintenance Access Easement. The Project and diagrammatic plan are subject to the terms and conditions stated in the DECLARATION FOR 705 CORNISH DRIVE & 115 REQUEZA DRIVE recorded concurrently herewith. CONSENT FORM - 2 - 9126 IN TNESS WHEREOF, this Certificate of Consent has been executed this day of ll/ ' 2001. RECORD OWNER: PJOA. ZUM S �pd11 ..HF MPIIBI�ICt�� • slwmesoomllm #,, camis2Oa Na.� 2000 DENISE M. ZUMM (Please Attach Proper Notary Certificate(s) of Acknowledgment) CONSENT FORM - 3 - 912'7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of tyv County of On before me, 6 YotYiG��t h�' I,tG personally appeared (/}» personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the persou(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their 8 NJA lil.FIARR�AAN signature(s) on the instrument,the person(s),or the � •T1gA06 entity upon which the persou(s) acted, executed the IgTN1YPDINC•GA11f01M1A g�p�p�ry instrument. CawYtb� � I r.l 1000 WITNESS -hand and official seal. OPTiONAJ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. /CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACH DQCUMENT L� INDIVIDUAL S --�� Glib 1 bt(-��C• t 351�0� ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TiUe(s) ti4L`�l �U( l��ci �vWl(l V� ❑ ATTORNEY-IN-FACT NUMBER F PAGES ❑ TRUSTEES ❑ GUARDIAN/CONSERVATOR �' 1 D ❑ OTHER: DAT OF DOCUMENT I SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies) SIGNER(S)OTHER THAN NAMED ABOVE juratdo (10/95) 9128 GOVERNMENT CODE 27361.7 1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: j r r Commission Number: i ZG,I f �� �� "� Date Commission Expires: t� t I J County Where Bond is Filed: Manufacturer or Vendor Number: 1 (Located on both sides of the notary seal border) l Signature: Firm Name (if applicable) Place of Execution&/,-i Oiceh ('7A Date: J Rec. Form#R10(Rev. 7196) 9129 NOTES AND DEFINITIONS 1. Two (2) airspace envelopes contain all Units. 2. "Condominium" shall mean and refer to an estate in the Condominium Property, as defined in Civil Code Section 1351(f), and shall consist of: (A) A separate interest in space called a "Unit"; (B) An appurtenant undivided fractional interest as tenant-in-common in a portion of the Condominium Property described herein and in the Declaration as "Community Common Area" (CCA). 3. "Unit" shall mean a separate interest in space defined in Civil Code Section 1351(f). Each of the Units shall be a separate freehold estate. The Units are shown and numbered on the Plan as "U-1" thru "U-2" inclusive. Total number of Units is two (2). 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 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. 4. "Common Area" or"Community Common Area" (CCA) shall (i) consist exclusively of airspace, (ii) does not include any earth, water or tangible, physical improvements, and (iii) is not physically attached to the earth. An easement is hereby granted to each Owner of a Unit separate interest through any other Unit for access purposed to the CCA excepting therefrom any portion of a Unit that consists of a Building. The lower limit of the CCA Module extends from a horizontal plane beginning from a point fifty feet (50.0') above the ground elevation as defined in the Plan to an upper limit horizontal plane that is one foot (1.0') above the lower CCA plane; the lateral boundaries of the CCA are vertical planes at the limits of the horizontal dimensions of the Property. 5. All Real Property shown hereon not located within a Unit, is a part of the Common Area. 6. Maintenance Access Easement shall mean and refer to the "Access Easements" shown on Sheet 4 of 5 Sheets of the attached diagrammatic condominium plan as Access Easements inclusive and as described in the Declaration. 7. Dimensions labeled herein shall have precedence over distances scaled from plans. 8. All lateral boundaries are vertical places 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 then 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 CONSENT FORM - 4 - 9130 variance between the boundaries shown on this plan and those of the building as actually physically constructed. CONSENT FORM 5 - i m 705 CORNISH DRIVE&115 RE61UEZA D 1 CONDOMINIUMS IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,STATE OF CAUFORNIA INDEX SHEET NO. LEGAL DESCRIPTION COVER SHEETS 1 & 2 THAT PORTION OF LOT 11 IN BLOCK K OF ENCINITAS PROCEDURE OF SURVEY 3 HIGHLANDS, IN THE CITY OF ENCINITAS, COUNTY OF HORIZONTAL CONTROL PLAN 4 SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE VERTICAL CONTROL PLAN 5 COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4. 1928, LYING NORTH OF A LINE THAT IS PARALLEL WITH AND DISTANCE 58.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT. SURVEYOR'S STATEMENT: I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA AND THAT THIS PLAN CONSISTING OF 3 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 CONDMINUM PLAN. Qp,OF ESSI�N t�4 A. p ql VICINITY MAP ��QQ 9S��c� OJXA ti 3 z N.T.S. WAYNE A. PASCO w N0. 29577 m RCE 29577 Exp. 03/31/03 a DATE { F• " a �q� A 1F� P 0 $ FEava ST e• ar S & 101 STE. A N' SOL" BEWJ G 92075 SHEET 1 OF 5 SHEM 705 CORNISH DRIVE&115 REQUEZA DRNE 9132 CONDOMINIUMS IN THE CITY OF ENCINtTAS,COUNTY OF SAN DIEGO.STATE OF CALIFORNIA LEGEND INDICATES BOUNDARY OF THIS CONDOMINIUM PLAN INDICATES VERTICAL AIRSPACE BOUNDARY PLANE OF UNIT _ - INDICATES MAINTENANCE ACCESS EASEMENT U-2 INDICATES UNIT AND NUMBER ® INDICATES MAINTENANCE ACCESS EASEMENT 0 INDICATES 3/4" PIPE PER R.O.S. BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAN IS THE EASTERLY LINE OF THE SUBJECT PROPERTY PER MAP 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4, 1928. GENERAL NOTE THIS CONDOMINIUM PLAN INTENTIONALLY OMITS DETAILED INFORMATION WITHIN INDIVIDUAL UNITS OF THE FOLLWING ( IF ANY ) • BUILDINGS, DRIVEWAYS, WALKWAYS, WALLS AND OTHER SUCH FEATURES. - BENCHMARK 3/4" IRON PIPE W/CAP "LS 4306" AT THE SOUTHWEST CORNER OF PROJECT ELEVATION = 155.0 DATUM ASSUMED BASED ON CONTOUR LINE FROM COUNTY 200 SCALE TOPO 5T 2 OF 5 SHEET5 705 CORNISH &115 REQUEZA CONDOMINIUMS 9133 PROCEDURE OF SURVEY OASIS N O MAKINGS CORNISH DRIVE S00 '3O '00"E 73. 98' T NOTE: RECORD OF SURVEY NO. 16744 �o FILED 10-13-2000 FOR THIS PROJECT SEE SAID ROS 16744 FOR SPECIFIC AND DETAILED PROCEDURE. ry CD c9 V of io N Z V . 30' SCALE IA' I S00 '03 '25"E 64. 16' LINE DELTA RADIUS ARC Cl 116 '55'00" 20. 00 ' 4 0—.Biq SIB( C2 3 '47'46" 116.51 ' 7. 72 - 1 3 C3 22 '15 ' 46" 323.72' 125. 78 ' m m OF 5 SHEETS 705 CORNI5H DRIVE &115 REQUEZA STREET 9134 CONDOMINIUMS HORIZONTAL CONTROL PLAN CORNISH D"VS LEGEND S00 '30'00"E 73.98' OA 8' WIDE MAINTENANCE EASEMENT IN T FAVOR OF UNIT2. L„ .. N BO 8' WIDE MAINTENANCE EASEMENT IN o cn FAVOR OF UNIT1. 155.0 INDICATES ELEVATION U„'� V� AT TOP OF PIPES CA) Delta=l 28'36' m A=323.72 W L l A=8.34 ti a J 8 L7 � 3c L3 J rn O L5 LR in uo Z U 1� U-2 i� S00 '03'25"E 64. 16' o LINE BEARING DISTANCE Ll S00 '30 '00"E 21.33' L2 S89030 '00"W 8.00' L3 N00030 '00 0W 21.41 ' L4 N89055'39"W 8.00' L5 N00 '30 '00"W 23.96' SHEET L61 N89 -30 -00-El 8.00 ' 4 L7 S00 -30 '00"E 26.33' OF 5 SHEETS 705 CORNISH DRIVE &115 REQUEZA STREET CONDOMINIUMS 9135 VERTICAL CONTROL PLAN ( NOT TO SCALE ) CORNISH DRIVE PROJECT BONDARY 0 0 o z O O ~ m 3 Z n�-a H cn "Z Z rt = C O m 3 70 D O Z m H r-� m i rt� 0 m o cn ma _ m m o CONDOMINIUM UNIT BOUNDARY m n m --� co o ca o m H°z m m o°o m H ''f l-{ H Z Z H H H C U) = _ —13 m m O O OH H D D D cn-i O m m zm m Z 1mn PROJECT BONDARY EAST UNE OF PORTION OF LOT 11 SHEET 5 OF 6 SHEETS