Loading...
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 I °m 5.05' i o ml 1493 1° NEPTUNE z 1^� AVE 1 Q LZWl SWIMS IDISTANCE I j x5.00 L7 N18'41'17' 21.69' PARCEL ! 1 r — A C J N71 27'06'El 15.66' N18 V'26"Ni 50.02' L1 L41 N7127'34' 32.57' .. � �cyl L3 � 19 L N18'41'59' 36.92' / m / 3 23.67' . '39'45' 2.85' L N91 is _ L 57120'15' 3.00' m I \\\\ r Lq S1B99'45' 2.85' ° b \VI W L N71-18.43-E 12.60' N ^ PM\� 20784 6 R WI — 1 JL�kI z co L� DRAIN 0 Im 1491 ° 17 IAATICATES INSRESSIEGRESS 6 1 "\I NEAVENE I N _=f�UTILITY EASEMENT FOR 1491 \ I 5 za �����INDICATES INGRESS/EGRESS 6 \ -- a e____ UTILITY 6 DRAINAGE N, EASEMENT FOR 1493 WPnAE 1 mL_— A ��� ,INDICATES DRAINAGE EASEMENT i I i ! Z FOR 1493 NEPTUNE i � ° 1 I ' \ L5 N18041'59'N 49.97' 0 N NEPTUNE AVE 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 1493 d N IQI NEPTUNE a �i AVE I Q PARCEL i j I Ir- -- � — J ILA u- I � li #18'32_26'# 50.02' rn r o iOl 1 W e PN 20784 az Wu -j N QI I I ( Z m I I I i m � o Im 1491 0 I^ NEPTUNE IQI AVE ti 1 � � I I - - #18'41 '59'# 49.97' 0 N NEPTUNE AVE srrF�r 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 i 0 U 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