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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 z 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 a SOWARDS & BROWN ENGINEERING a ENGINEERS 2187 NEWCASTLE AV U E 103 CARDIFF Y ESEA CA..1 OF 4 TEL.ID,A96-a� 1 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. h JOB NO. 07-042 7114110 3 SOWARDS & BROWN ENGINEERING CONSULTING ENGINEERS 2187 NEWCASTLE AVENUE 1 BUTTE,O'! I SHEET 2 OF 4 TEL.EL.7 F BY THE SEA.CA.,B300T 80/�B600 FA%990/1388803 I 1501 & 1503 NEPTUNE AVENUE CONDOMINIUM PLAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 3385 -N1574 04° �Z T _ W 50.05'- sc 95.8 � I 95.8 ��� P0r"l 1 I U-1 1503 NEPTUNE AVENUE r, MAC/ Aar; APN.• 254-030-30 I o ON; 95.0 °v •�' 95.0 Ni8'4155°W � o - JJ.67' - 21 6' CMU SITE WALL U-2 cs 1501 "o NEPTUNE AVENUE m I z I 86.5 86.2 86.2 16.29; 33 67' RI' --N183923°W 49.96'— R/W NEPTUNE A VENUE 0 N R/W R/W a JOB NO. 07-042 7114110 SOWARDS 8. BROWN ENGINEERING O2187 CONSULTING TUE AVENUE E 1 CARDIFF BY THE GA..92Wt 10] FX SHEET 3 OF 4 TEL.7W/4 ."� F.•M,.,B.B� jig 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 m CONDOMINIUM UNIT AREA i CONDOMINIUM UNIT AREA (INDEFINITE DISTANCE) =VA FlNISHED GRADE GROUND ELEVATION TION SUBTERRANEAN g N JOB NO. 07-042 7114110 a 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. . G