2010-411957 1 D 0 G # 2010-0411057
1111111111 IN IN
C� RECORDING REQUESTED BY: AUG 11 , 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
CORINTHIAN TITLE COMPANY DAVID L. BUTLER.COUNTY RECORDER
FEES: 39.00
WHEN RECORDED MAIL TO: PAGES: 9
BRIAN D. GREENBERG, ESQ. 111111 Hill Hill Hill Hill 11111 Hill Hill Hill Hill Hill Hill Hill 1.1111 1111 IN
ONE AMERICA PLAZA ,
SUITE 940 )
600 WEST BROADWAY )
SAN DIEGO, CA 92101-3362 )
yQ' ` �� Space Above for Recorder'a' USe
O`I 3378
CERTIFICATE OF CONSENT
TO
1501 & 1503 NEPTUNE AVE CONDOMINIUMS
CONDOMINIUM PLAN
The undersigned, TODD A. MALKUS AND STACIE S. MALKUS,
HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF
SURVIVORSHIP, 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:
PARCEL 1 OF PARCEL MAP NO. 20798, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY
13, 2010 AS FILE NO. 10-0349710 OF OFFICIAL RECORDS.
Assessor' s Parcel Number: 254-030-30-00.
7/16/10
3379
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.
7/16/30
3380
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: "U-1" and "U-2".
The Common Area is shown on Sheet 4 of the Condominium Plan.
The Owners of "U-1" and "U-2" shall be jointly responsible for
the maintenance, repair and replacement of the 8 ' CMU Site Wall
as shown on the Condominium Plan.
This Certificate of Consent for the 1501 & 1503 NEPTUNE
AVE CONDOMINIUMS CONDOMINIUM AN is dated July 16, 2010 for
identification purposes
A. LK S
STACIE S. l KUS,
HUSBAND AND WIFE
AS COMMUNITY PROPERTY
WITH RIGHT OF SURVIVORSHIP
"Owners"
7/16/10
3381
STATE OF CALIFORNIA )
,, ss .
c
COUNTY OF ._ay-,��I jd )
On Q3 a I , before me, AnQtod �• \ WTI
a Notar Public, personally appeared
`racl(A A. ML- W x
who proved to me on the basis of satisfactory evidence to be
the person (,e') whose namejz) Oare subs bed to the within
instrument and acknowledged to me that she/they executed the
same in is her/their authorized capacitylxes9 , and that by
/her/their signaturel4rr on the instrument the person_,K, or
the entity upon behalf of which the person 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 al .
Signature:
ANGEL M.SimiTH
ComrMaelon 1 180072)
Notary PUWIC.Cautomta
San 010go County
OM;Comm. Ex Iree Jun 8.2012
7/16/10
3382
STATE OF CALIFORNIA )
�
)
San ss .
COUNTY OF n leto)
On;M� _n k , before me, fCV1�e � (�• S rni� �
a Notakk Public, personally appeared
St A C ii P- S . (Y\ Q1btlAC
who proved to me on the basis of satisfactory evidence to be
the person W whose namels-) (D/are subscribed to the within
instrument and acknowledged to me that he/�Lthey executed the
same in his/,their authorized capacity �e , and that by
his/ er heir signature_(.e') on the instrument the person4-51, or
the entity upon behalf of which the person (, 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 hand nd official seal.
Signature:
ANGEL M.SMITH
Co nrrdsi n 100072
Noury Public.California
San Diego Coum7
Comm. Im Jun 0 2012
I
7/16/10
1501 & 1503 NEPTUNE AVENUE CONDOMINIUM PLAN
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
3383
LEGAL DESCRIPnON.•
PARCEL 1 OF PARCEL MAP No. 20798, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 13, 2010.
BASIS OF BEARINGS-
THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM NAD 83, ZONE 6, GRID BEARING
BETWEEN STA17ONS ENC-04' AND 'CLSS-021' AS SAID STATIONS ARE PUBLISHED IN THE CITY OF ENCINITAS
HORIZONTAL CONTROL BOOK,• LE. NORTH 27'50'00' EAST.
BASIS OF QfVA7IONS
CITY OF ENCINITAS VERTICAL BENCHMARK SYSTEM, NAW 88 STATION DESIGNA110N ENC-04"
ELEVATION. 67.64 FEET
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LA COSTA AVENUE
LEGEND:
-- SUBJECT PROPERTY LINE
UNIT LINE N
— — — — ADJACENT PROPERTY LINE %) R
U— INDICATES UNIT A/ O S7REET �t 5 I�JI
GROUND ELEVA110N S21
Z�
SITE
Jim m
LEUCADIA 8L W.
0
VICINITY MAP
N.T.S.
LAND SURVEYOR'S STAIEMENL-
I HEREBY CERTIFY 1HAT I AM A REGISTERED LAND SURVEYOR OF THE LAN D J G
STATE OF CAUFORNIA, AND THAT THIS PLAN CONSISTING OF 3 SHEETS I R.
CORRECTLY SHOWS THE BOUNDARIES OF THE LAND AND 1HE RELA17ON Q�
OWN HEREON. J Q No. 5406 Z °A
Exp. 9/30/10
RANDY R.e
( 9 DALE
SOWAR S AND BROWN ENGINEERING, INC. f qlF OF Cq OO��\P
a2187 NEWCASTLE AVENUE STE 103
CARDIFF BY THE SEA, CALIFORNIA 92007
PHONE (760)436-8500 JOB NO. 07-042 7114110
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SOWARDS & BROWN ENGINEERING
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ENGINEERS 2187 NEWCASTLE AV U E 103
CARDIFF Y ESEA CA..1 OF 4 TEL.ID,A96-a�
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FAX 7001459-9903
1501 & 1503 NEPTUNE AVENUE CONDOMINIUM PLAN
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
3384
NOTES AND DEFINI770NS
1. THERE ARE TWO (2) "UNIT" SEPARATE INTEREST DESCRIBED IN THE ATTACHED CONDOMINIUM PLAN.
2 CONDOMINIUM' SHALL MEAN AND REFER TO AN ESTATE IN PROPERTY AS DEFINED IN CIVIL CODE SEC17ON 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 AS "COMMON AREA"
3. 'UNIT' SHALL MEAN AND REFER TO THE SEPARATE INTEREST IN SPACE IN THE CONDOMINIUM PROJECT WHICH
IS NOT OWNED BY IN COMMON WITH THE OTHER OWNERS OF OTHER CONDOMINIUMS IN THE PROJECT. EACH
SEPARATE INTEREST OR UNIT SHALL BE A SEPARATE FREEHOLD ESTATE AS SEPARAIELY SHOWN, NUMBERED
AND DESIGNATED ON THE CONDOMINIUM PLAN. IN INTERPRETING DEEDS, DECLARATIONS AND PLANS, THE
EXISTING PHY51CAL 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 CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES, RATHER THAN THE DESCRIP110N EXPRESSED IN
THE DEED, LEASE, DECLARATION OR CONDOMINIUM PLAN, REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF
THE BUILDING AND REGARDLESS OF MINOR VARIANCES BETWEEN BOUNDARIES, AS SHOWN ON THE CONDOMINIUM
PLAN AND THOSE OF THE BUILDING AS ACTUALLY PHYSICALLY CONSTRUCTED. THE UNITS ARE NUMBERED:
U-1' AND U-2" THE TOTAL NUMBER OF UNITS IS TWO (2).
4. '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.
5. 'GROUND ELEVATION° SHALL MEAN AND REFER TO THE FINISH GRADE OF THE PROPERTY. THE CONDOMINIUM
PLANS DEPICT CERTAIN GROUND ELEVATON POINTS WITHIN THE PROPERTY BY SYMBOLS REFERENCED THEREON.
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JOB NO. 07-042 7114110
3 SOWARDS & BROWN ENGINEERING
CONSULTING ENGINEERS
2187 NEWCASTLE AVENUE 1
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1501 & 1503 NEPTUNE AVENUE CONDOMINIUM PLAN
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 3386
AIRSPACE VERTICAL CONTROL PLAN
AIRSPACE
CONDOMINIUM UNIT AREA CONDOMINIUM UNIT AREA
(INDEFINITE DISTANCE) (INDEFINITE DISTANCE)
51 FEET ABOVE RNISHED GRADE
COMMON AREA MODULE COMMON AREA MODULE
50 FEET ABOVE FINISHED GRADE
U-2 o U-1
1501 NEPTUNE AVE a 1503 NEPTUNE AVE
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CONDOMINIUM UNIT AREA i CONDOMINIUM UNIT AREA
(INDEFINITE DISTANCE) =VA FlNISHED GRADE GROUND ELEVATION TION
SUBTERRANEAN
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JOB NO. 07-042 7114110
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SOWARDS & BROWN ENGINEERING
OCONSULTING ENGINEERS
SHEET 4 OF 4
2107 NEWCASTLE SEA*CA..SURE 1p3
2107 NE C THE SEA,NU SUIT
TEL.7W/43685W FAX 7./4.0. .
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