2013-184626 ti
DOC '1"F 2013'01 84626
I IIIIIIII III IIIII IIIII IIIII IIIII IIIII Illll IIIII IIIII IIIII IIIII Ill/IIII
RECORDING REQUESTED BY:
MAR 22, 2013 4:58 PM
OFFICIAL RECORDS
RECORDED REQUEST Or SAN DIEGO COUNTY RECORDER'S OFFICE
First American Title Ernest J. Dronenburg,Jr..COUNTY RECORDER
HOMEBUrLDER SERVICES FEES, 46.00
.14799 ' PAGES: 11
WHEN RECORDED MAIL TO: I oil ry I I''
McKenna Long&Aldridge LLP IIIIIII � ��IIIIlII aIIIIII�III�IImI�IIIII
600 West Broadway, Suite 2600
San Diego, CA 92101-3372
Attention: Ms. Katie Jacobsen w
Above Space for Recorder's Use
VULCAN OCEANVIEW
CONDOMINIUM PLAN
SHEA HOMES, INC., a Delaware corporation, being the record owner of the real property
described below, consents to the recordation of this Condominium Plan. This consent is given pursuant
to Califomia Civil Code Section 1351, with the understanding that the below described property may be
dived into condominiums as defined In Califomia Civil Code Section 783.
1. Property. This Condominium Plan covers the following real property in the City of
Encinitas, County of San Diego, State of California, which is sometimes referred to as the"Community"
or the"Property":
Lot 1 as shown on Map No. 15801, filed in the Office of the County
Recorder of San Diego County,Califomia, on December 6, 2010.
2. Attached glans. Attached to this Condominium Plan and made a part hereof are plans
("Attached Plans"). The notes and definitions set forth below are a part of the Attached Plans.
3. Definitions.
(a) "Association" means Vulcan Oceanview Owners Association, a Califomia
nonprofit mutual benefit corporation, Its successors and assigns..
(b) "Association Property" means all real property owned from time to time in fee
title by the Association.
(c) "Common Area" means that portion of the Property designated as "Common
Area" on the Attached Plans, which is owned in equal undivided interests by the Owners of the
Residential Units, as defined In the Declaration and as described on the Attached Plans.
(d) "Condominium" means an estate in real property as defined in Califomia Civil
Code Section 1351(f), consisting of an undivided interest as a tenant-in-common in all or any portion of
the Common Area, together with a separate fee interest in a Residential Unit as described in the
Declaration,this Condominium Plan and/or in the deed conveying the Condominium..
(e) "Declaration" means the Declaration of Covenants, Conditions and Restrictions
of Vulcan Oceanvlew, as it may from time to time be amended or supplemented.
101922741.31124426-00079 1
Vulcan Ooeanview
Condominium Plan
14800
(f) "Exclusive Use Easement" and "Exclusive Use Easement Area" mean,
respectively, each exclusive use easement over the Association Property that is reserved and granted for
the benefit of a certain Owner in accordance with California Civil Code Section 1351(1), as described in
the Declaration and shown on the Attached Plans, and the portion of the Association Property on which
the Exclusive Use Easement is located. Exclusive Use Easements, if any, are granted to an Owner in
such Owner's grant deed and are appurtenant to the Owner's Condominium. The Attached Plans show
"Exclusive Use Deck Areas," which are those portions of the Association Property designated on the
Attached Plans as an "Exclusive Use Deck Area," over which exclusive use easements are reserved for
the benefit of certain Owners for deck purposes.
(g) `Residential Unit" means the elements of a Condominium which are not owned
in common with the other Owners of Condominiums in the Property, each such Residential Unit and its
elements and boundaries being shown and particularly described in the Attached Plans. The dimensions
of a Residential Unit are measured from the unfinished floor,walls and ceiling, except as otherwise noted
in the Attached Plans. The Residential Unit includes all Improvements situated within its boundaries, and
Includes without limitation the following: (a) interior walls (except interior bearing walls); (b)the interior
undecorated surfaces of bearing walls and perimeter walls, floors and ceilings; (c) interior doors;
(d)appliances, cabinets, and all electrical, heating, plumbing and other utility fixtures; (e)the openings
and outlets of all Utility Facilities that are located partially within the Residential Unit and partially in the
Association Property, such as electrical outlets, and that exclusively serve the Residential Unit; and (f)all
Utility Facilities serving solely that Residential Unit which are not owned and maintained by the City or a
public utility, whether located in the Residential Unit or the Association Property. The following are not
part of any Residential Unit: (i)bearing walls, columns, floors, roofs, windows, exterior doors with
perimeter walls and foundations; and (ii)Utility Facilities, wherever located, that serve two or more
Condominiums or are owned and maintained by the City or a public utility. In interpreting deeds and
plans, the then existing physical boundaries of a Residential Unit, 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 boundaries expressed in the Attached Plans, the deed or in any other
recorded document, regardless of settling or lateral movements of the building and regardless of minor
variances between boundaries shown on Attached Plans or any other recorded document and those of
the building within which the Residential Unit is located and regardless of settling or lateral movement of
the building in which the Residential Unit is located..
I
4. Other Definitions. Terms used but not defined in this Condominium Plan shall have the
meanings given them in the Declaration.
5. Notes.
(a) All lateral boundaries are vertical planes at the limits of the horizontal dimensions
shown on the Attached Plans. All vertical and horizontal lines intersect at right angles (90 degrees),
unless otherwise noted or apparent, on the Attached Plans.
(b) The dimensions shown on the Attached Plans are intended to conform to
California Civil Code Section 1351(e), which requires in part the inclusion of diagrammatic floor plans in
sufficient detail to identity each unit, its relative location and approximate dimensions. In interpreting
deeds and plans, the then existing physical boundaries of a building, Residential Unit or Exclusive Use
Area, whether in its original state or reconstructed in substantial accordance with the original plans
thereof, shall be conclusively presumed to be its boundaries expressed in the deed or Attached Plans,
regardless of settling or lateral movement of a building, fence, wall or other improvement and regardless
of minor variance between boundaries shown on the Attached Plans or deed and those of the building,
fence,wall or other improvement.
(c) The Attached Plans are based upon architectural plans and are not a product of
a physical field survey of the Residential Units.
101922741.3 1 124428-00079 2
Vulcan Oceanview
Condominium Plan
14801
IN WITNESS WHEREOF, Declarant has executed this Condominium Plan on the date set forth
below. n,�,
Date: 3 ` o Shea Ho es, Inc., elaware corporation
By:
Nam=.-
Titl
7r Env-
By:Nam
Title:
State of Calif mia )
County of
On 3 , bqtfbre me A, 1'
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +glare
subscribed to the within instrument and acknowledged to me that heAsWhey executed the same in
bisoser/their authorized capacity(ies), and that by H40kerltheir 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 m n d off ' I seal.
PATTY RIVAS
Signatur A , (Sea!) � +OT IC CALIFORNIA CALIFORNA
SAN DIEGO COUNIY
Oamps F�piei NOV 13 2015
State of California )
County of )
On , before me,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that helshefthey 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 hand and official seal.
Signature (Sea
101922741,3112442"0079 3
Vulcan Oceanview
Condominium Plan
1002
CONDOMINIUM PLANS
FOR
VULCAN OCEANVIEW
LEGAL a N wmk
LOT 1 OF SUB0100N MAP NO. 15801, IN THE CITY OF ENCINITAS; COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA RECORDED IN THE OMCE OF THE COUNTY RECORDER OIL SAN DIEGO COUNTY ON
DECEMBER 6, 2010
BASS OF AIRWM
THE BASES OF BEARM FOR THIS SURVEY IS THE CALIFORNIA CiOMNA TE SY57E{/ MAD 84 ZONE 6,
GRID BEARING BETNEEN STAAONS 'ENC - 1004' AND 'CLSB 1022, S41D STATIONS ARE PUBLISHED IN
THE CITY OF ENCINI TAS HORIZONTAL CONTROL BOOK, I& NORTH 171109' NEST, SAID BEARINGS SHONN
HEREON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSMW.
BASIS OF ELEVA710hfS`
CITY CF ENCINITAS BENMARK 19VC — 1004: 2 1/2'BRASS DISC IN DRAINAGE BOX INLET AT THE
NORTHEAST CORNER OF THE CITY OF DVONITAS LEV00A OAKS PARK ON THE NESTERLY SIDE OF
OF RAIN TREE DRIVE ELEVATION = 67.639 FEET DATUM = NGVD88
LEGM
PROPERTY LINE
BUILDING LINE
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I HEREBY CERTIFY THAT 1 AM A REGISTERED LAND SURWW OF THE
STATE OF CALIFORNIA, AND THAT THIS PLAN CIMShING OF 8 ShEEM
CORRECTLY SNOWS THE BOUNDARIES OF THE LAND AND THE RELATION
THERETO OF THE UNITS 91O1N HEREON
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B. A DIAGRAMMATIC PLAN OF THE UNITS
C THE CER77RWE REUWO BY CAUFORNIA CK SECTION 1351.
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