2010-535119 D 0 C # 2010-0535113
11111111III1111111111111111111111111111111111111111HE111111111IN
RECORDING REQUESTED BY:
OCT 06, 2010 8:00 AM
CHICAGO TITLE COMPANY OFFICIAL RECORDS
^� SAN DIEGO COUNTY RECORDER'S OFFICE
1 WHEN RECORDED MAIL TO: DAVID L. BUTLER,COUNTY RECORDER
FEES: 48.00
PAGES: 12
BRIAN D. GREENBERG, ESQ.
ONE AMERICA PLAZA IIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllllllllllllllllllllllllllll
SUITE 940
600 WEST SAN DIEGO, CA BROADWAY 101-3361 1 O )
Space Above for Recorder' s Use
CERTIFICATE OF CONSENT
TO
1491 & 1493 NEPTUNE AVE CONDOMINIUMS
CONDOMINIUM PLAN
The undersigned, Richard Charles Rees Williams and Allison
Renshaw, Co-Trustees or their named successor Trustee (s) , of
that certain Revocable Living Trust Agreement executed March 5,
2007, by Richard Charles Rees Williams and Allison Renshaw for
the benefit of the Renshaw-Williams Family Trust, being the
record owners of the property described hereafter, and Mortgage
Electronic Registration Systems, Inc . , being the record holder
of a security interest in 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 :
PARCEL 1 OF PARCEL MAP NO. 20784 IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JUNE 7, 2010 .
APN: 254-030-35
10894
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 .
(iv) The certificate shall also be signed and
acknowledged by either the trustee or the beneficiary of each
recorded deed of trust, and the mortgagee of each recorded
mortgage encumbering the Project .
Owners of mineral rights, easements, rights-of-way, and other
nonpossessory interests do not need to sign the Condominium
Plan.
2/2/10
10895
The Condominium Plan includes two (2) 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 one-half (1/2) interest in the Common Area as shown
and defined on the Condominium Plan. The Units are designated
as : "1491 NEPTUNE AVE" and "1493 NEPTUNE AVE" .
The Condominium Plan includes an ingress/egress & utility
easement for 1491 & 1493 Neptune Ave and a drainage easement
for benefit of 1493 Neptune Ave, as shown on Sheet 4 of the
Condominium Plan.
This Certificate of Consent for the 1491 & 1493 NEPTUNE
AVE CONDOMINIUMS CONDOMINIUM PLAN is dated February 2, 2010
for identification�yrposes .
�.f
Richard Chart 5 Rees Williams
A lison RLKnshaw,
Co-Trustees or their named successor
Trustee (s) , of that certain Revocable
Living Trust Agreement executed March 5,
2007, by Richard Charles Rees Williams
and Allison Renshaw for the benefit of
the Renshaw-Williams Family Trust
"Owner"
2/2/10
STATE OF CALIFORNIA ) 10896
ss .
COUNTY OF SAM DIEGO )
On JUNE 10. 2010 before me, ,JOSEPH C YI/1445
a Notary Public, personally appeared
MWARID 0144RLES RRaES WILL14MS ti ALL_"0IV f?E1JSI4AQ
who proved to me on the basis of satis actory evidence to be
the person (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 signature (s) on the instrument the person (s) , or
the entity upon behalf of which the person (s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my han and official seal.
Signature :
y A
-9 NOTARY k R1.MF
NOTARY PUBLIC OMO9 RIM
SAN DEW Cambom Erin JWA13 2012
2/2/10
Deed of Trust recorded March 27, 2008 as 10 89 7
File No. 2008-0163936 in the Official
Records, San Diego County, California.
Dated: March 29, 2008 .
Trustor: Richard Williams, a married man
as his sole and separate property.
Trustee: Recontrust Company.
Beneficiary: Mortgage Electronic Systems,
Inc.
Loan Number: 00019093598103008 .
Mortgages-E ect onic Systems, Inc.
By:
Its : ASS'
2/2/10
STATE OF 10898
TEXAS ) s s .
COUNTY OF GOLI.0-� )
On A744� 19 ( ?/0 ( 0 before me, YVMCoria
a Notary Public, personally xappeared
�ahnafGu3,-1 LaHav��i
to be
the person(s) whose name (s) /are subscribed to the within
/
instrument and acknowledged o me that she/they executed the
sa in is her/their authorized capacity (ies) , and that by
gis er eir signature (s) on the instrument the person (s) , or
e entity upon behalf of which the person (s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my han an f icial seal .
+rnw
Signature: -Vf-om"Jo E plrh
February 13, 2012
2/2/10
10899
1491 9 1493 NEPTUNE AVE CONDOMINIUMS
IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA
INDEX SHEET NO.
LEGAL DESCRIPTION
SURVEYORS CERTIFICATE 1
DEFINITIONS 2-3 PARCEL 1 OF PARCEL MAP 20784 IN THE CITY
BOUNDARY 6 EASEMENTS 4 OF ENCINITAS COUNTY OF SAN DIEGO, STATE
AIRSPACE PLANS 5-6 OF CALIFORNIA, FILED IN THE OFFICE OF THE
RECORDER OF SAN DIEGO COUNTY, JUNE 7, 2010.
,Q D
N C yG`F- SURVEYORS STATEMENT
o� v o9 I HEREBY STATE THAT I AM A LICENSED LAND
5211 N SURVEYOR OF THE STATE OF CALIFORNIA AND
LS THAT THIS PLAN CONSISTING OF 8 SHEETS
Exp. 05211 1
CORRECTLY SHOWS THE BOUNDARIES OF THE
Y} LAND AND RELATIONSHIP OF THE UNITS REFFERED
TO HEREIN, THAT ALL BUILDINGS AND ALL UNITS ARE
SHOWN AND CONFORM TO THE CONDOMINIUM PLAN.
OF CA`
i 49-- 6
JO EPH Y S DATE
SITE ADDRESS
1491 6 1493 NEPTUNE AVE
- - ENCINITAS, CA 92024
snE BENCHMARK. CITY OF ENCINITAS
-_-_-_- CONTROL PT 11004 'ENC-04'
,A.PITER ST
DESCRIPTION:
BRASS DISC IN DRAINAGE BOX INLET
ELEVATION = 67.64' (NAND 88 DATUM
�ACIEIC= _ a
--_-_-
- - -_- - - LELCADIA BLVD SHffT
PASCO LARET SUITER
VICINITYMAr � G ASSOCIATES OF6SHEM
535 N.COAST HI.101 STE A
NOT TO SCALE SOLANA BEACH CA 92075
6/B/10 PH 858.259.8212 PLSA 1684
10900
1491 9 1493 NEPTUNE AVE CONDOMINIUMS
IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGa STATE OF CALIFORNIA
NOTES AND DEFINITIONS:.
1. THERE ARE TWO (2) 'UNIT' SEPARATE INTEREST DESCRIBED IN THE
ATTACHED CONDOMINIUM PLAN.
2. 'CONDOMINIUM' SHALL MEAN AND REFER TO AN ESTATE IN THE 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 PROPERTY DESCRIBED HEREIN AS 'COMMON AREA'.
3. 'UNIT' SHALL MEAN AND REFER TO THE SEPARATE INTEREST IN SPACE IN THE
CONDOMINIUM PROJECT WHICH IS NOT OWNED IN COMMON WITH THE OTHER OWNERS
OF OTHER CONDOMINIUMS IN THE PROJECT. 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 AND THE
ORIGINAL PLANS THEREOF, IF SUCH PLANS ARE AVAILABLE SHALL BE SHALL BE
CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES, RATHER THAN THE DESCRIPTION
EXPRESSED IN THE DEED, LEASE, DECLARATION OR CONDOMINIUM PLAN, REGARDLESS
OF SETTLING OR LATERAL MOVEMENT OF THE BUILDING AND REGARDLESS OF MINOR
VARIANCE BETWEEN THE BOUNDARIES, AS SHOWN ON THE CONDOMINIUM PLAN AND
THOSE OF THE BUILDING AS ACTUALLY PHYSICALLY CONSTRUCTED. THE UNITS ARE
SHOWN AND NUMBERED AS '1491 NEPTUNE AVE. ' AND '1493 NEPTUNE AVE. '.
THE TOTAL NUMBER OF UNITS ARE TWO (2) .
4. 'GROUND ELEVATION' SHALL MEAN AND REFER TO THE FINISH GRADE OF THE PROPERTY.
THE CONDOMINIUM PLANS DEPICT CERTAIN GROUND ELEVATION POINTS WITHIN THE
PROPERTY BY SYMBOLS REFERENCED THEREON.
5. ' COMMON AREA' SHALL MEAN AND REFER TO THE MODULE DESCRIBED ON THE
CONDOMINIUM PLAN. UPON CONVEYANCE BY DECLARANT OF THE FIRST FRACTIONAL
INTEREST TO AN OWNER, THE COMMON AREA SHALL BE OWNED BY THE OWNER(S)
AS AN APPURTENANCE TO THEIR RESPECTIVE UNIT AS TENANTS IN AN EQUAL AND
UNDIVIDED ONE HALF (112) FRACTIONAL INTEREST. THE COMMON AREA CONSISTS
EXCLUSIVELY OF AIRSPACE AND DOES NOT INCLUDE ANY EARTH OR PHYSICAL
IMPROVEMENTS. THE LOWER LIMIT OF THE COMMON AREA EXTENDS FROM A
HORIZONTAL PLANE BEGINNING FROM AN ELEVATION POINT THAT IS FIFTY FEET (50')
ABOVE THE GROUND ELEVATION TO AN UPPER LIMIT HORIZONTAL PLANE THAT IS ONE
FOOT (1 ') ABOVE THE LOWER HORIZONTAL PLANE. THE LATERAL BOUNDARIES OF THE
COMMON AREA ARE VERTICAL PLANES AT THE LIMITS OF THE HORIZONTAL DIMENSIONS
OF THE COMMON AREA.
5HEFT
PASCO LARET SUITER G
6 ASSOCIATES
535 N.COAST HI.101 STE A OF6&EM
SOLANA BEACH CA 92075
PH 858.259.8212 6/8/ 10 PLSA 1684
0901
1491 9 1493 NEPTUNE AVE CONDOMINIUMS
IN TFE CITY OF ENCINITAa COUNTY OF
SAN DIEGO. STATE OF CALIFORNIA
6. DIMENSIONS LABELED HEREON SHALL HAVE PRESIDENCE OVER DISTANCES SCALED
FROM PLANS.
7. AN EASEMENT FOR INGRESS/EGRESS 6 UTILITY AND DRAINAGE PURPOSES
OVER UNIT 1491 NEPTUNE TO THE OWNER(S) OF UNIT 1493 NEPTUNE AVE. AS
SHOWN AND DESCRIBED ON SHEET 6 OF THE CONDOMINIUM PLAN. IN ADDITION
A DRAINAGE EASEMENT OVER UNIT 1491 NEPTUNE AVE TO THE OWNER(S) OF 1493
NEPTUNE AVE AS SHOWN AND DESCRIBED ON SAID SHEET 6. AN EASEMENT FOR
INGRESS/EGRESS 6 UTILITY PURPOSES OVER UNIT 1493 NEPTUNE AVE. TO THE
OWNER(S) OF UNIT 1491 NEPTUNE AVE. AS SHOWN ON SAID SHEET 6.
Rw
PASCO LARET SUITER 3
6 ASSOCIATES
535 N.COAST HI.101 STE A OF65hRS
SOLANA BEACH CA 92075
PH 858.259.8212
6/8/10 PLSA 1684
10902
1491 9 1493 NEPTUNE AVE CONDOMINIUMS
IN THE CITY OF SAN DIEGO. COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA
BOUNDARY & EASEMENTS
APN 254-055-05
N14 59'33'N 49.85' 2
1 g II SCALEI'=30'
1
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PASCO LARET SUITER °v 4
& ASSOCIATES
535 N.COAST H1.101 STE A OFO&OM
SOLANA BEACH CA 92075
PH 858.259.8212
6/8/ 10 PLSA 1684
003
1491 1493 NEPTUNE AVE CONDOMINIUMS
IN TfE CITY OF SAN DIEGO, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA
AIR SPACE PLAN
APN 254-055-05
N14 59'33'# 49_85' �\
SCALEI'=30'
I
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PASCO LARET SUITER 5
6 ASSOCIATES
535 N.COAST HI.101 STE A OH&EE1$
SOLANA BEACH CA 92075
PH 858.259.8212
6/8/10 PLSA 1684
10904
1491 9 1493 NEPTUNE AVE CONDOMINIUMS
IN THE CITY OF ENCINITA$ COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA
AIRSPACE VERTICAL CONTROL
PLAN
AIRSPACE
CONDOMINIUM UNIT AREA CONDOMINIUM UNIT AREA
(INDEFINITE DISTANCE) (INDEFINITE DISTANCE)
51 FEET ABOVE FINISHED GRADE
COMMON AREA MODULE COMMON AREA MODULE
1491 50 FEET ABOVE FINISHED GRADE 1493
NEPTUNE NEPTUNE
AVE AVE
CONDOMINIUM UNIT AREA CONDOMINIUM UNIT AREA
(INDEFINITE DISTANCE) Q (INDEFINITE DISTANCE)
z°
0
m
FINISH GRADE GROUND ELEVATION FINISH GRADE GROUND ELEVATION
z
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SUBTERRANEN
5i�'ET
PASCO LARET SUITER
6 ASSOCIATES OF6&§M
535 N.COAST HI.101 STE A
SOLANA BEACH CA 92075
PH 858.259.8212 6/8/ 10 PLSA 1684