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2006-550148w 3900 Recording Requested by * CALIFORNIA TITLE CO * When recorded mail to: STEPHEN ]ONES 2187 MANCHESTER AVE.. CARDIFF, CA 92007 * DOC # 2006- 0550148 1111111111111111111111111111111111111111111411111111111111 AUG 03.2006 8:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER FEES: 29,00 PAGES: 8 I 111111111 pill Hill IN Hill 10111 Hill pill 111111111111 dill Hill 011101 2006 - 0550148 * * * * * * * * * * * * * * * * * * * this space for recorder's use only 1 CERTIFICATE OF CONSENT TO RECORDATION PURSUANT TO CIVIL CODE SECTION 135 (please fill in document title(s) on this line) 13 (LOT 6) THIS SPACE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 3901 CONDOMINIUM PLAN Recording requested by, and when recorded, send to: Stephen Jones 2187 Manchester Ave. Cardiff, CA. 92007 (SPACE ABOVE FOR RECORDER'S USE) SHEET A CONDOMINIUM PLAN CON TEN T'� SURVEYOR'S CER71nCA TE ....... OWNER'S CERTIFICATE ........ NOTES AND DEFINITIONS ..... . . PERIMETER BOUNDARY MAP . . . . . UNIT PLAN .............. a: SHEET Al SHEET A2 SHEETS B1 —B2 SHEETS C1 —C2 SHEET D1 SURVEYOR'S CERTIFICATE 1 HEREBY STA7F THAT I AM A LICENSED LAND SURVEYOR IN THE STATE OF CALIFORNIA AND THAT THIS CONDOMINIUM PLAN, CONSISTING OF 7 SHEETS, WAS PREPARED BY ME AND CORRECTLY SHOWS AND DESCRIBES THE BOUNDARY CONFIGURATION OF ALL COM- PONENTS OF THIS CONDOMINIUM PROJECT, RELATIVE TO THE HEREIN— REFERENCED BENCH- MARK AND MONUMENTS.n MICHAEL ANDERS , LS, 6312 DATE5� (license expires 1213112006) LS 6312 ..p E*.12 f 31 06 .,Q 5 ANDERSON SURVEYIN G 3902 I CONDOMINIUM PLAN SHEET A2 DWNER'S CER nnCA TE WE, THE UNDERSIGNED, BEING ALL PARTIES REQUIRED TO EXECUTE THIS CERTIFICATE, DO HEREBY CONSENTTO THE RECORDATION OF THIS CONDOMINIUM PLAN PURSUANT TO CHAPTER 1, TITLE B, PART 4, DIVISION SECOND, CALIFORNIA, CIVIL CODE SECTION 1351(9). CONSISTING OF: (A)' CERTIFICATES, (B) NOTES AND DEFINITIONS, (C) A PERIMETER BOUNDARY MAP REFERENCING GROUND MONUMENTATION, AND (D) THREE-DIMENSIONAL DESCRIPTION F ALL COM NENTS OF THIS CONDOMINIUM PROJECT. BY OWNER, I D "C, A CALIFORNIA LIMITED PARTNERSHIP: BY: STEPHEN JON9S Dated BY LA JOLLA BANK, FSB, BENEFICIARY PER DEED OF TRUST RECORDED ON 7/01/2004 AS FILE No. 2004- 062111 (AS MODIFIED PER FjN 20040804075. REC. 8124/2004, AND FIN 20D5 0904025, REC. 10/19 ) AND PER DEED OF TRUST RECORDED ON 10/12/2005 AS FILE No. OX50884342, " DPCUMENTS BEING RECORDED IN THE OFFICE OF THE COUNTY STATE OF CAL IFORNLAI SS. COUNTY OF SAN DIEGO) JENNIFER J. NOVAK ON AW U&+ 2 . 2000 BEFORE ME, THE UNDERSIGNED, NOTARY PLiBUC, PERSONALLY APPEAREI? STEPHEN JONES, PROVED TO ME, ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT, THE PERSON. OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. ESS MY D OFFICIAL STAMP JENNIFER J. NOVAK CommMbn # 1424130 Notary Pubpc • Ca➢tM San Diego Counly ff My Comm. Exp0w Am 13.20D71 WIMP STATE OF Ca.� r fa��.l a' )SS. COUNTY OF 6%CUd P1 JEC4 0 [I-J�ENNIFER J. NOVAK ON BFFO US 2 200 REME:.TWE UNDERMONEDNOTARY PUBUC, PERSONALLYAPPEARED AND W KK PERSONALLY MOWN TOME (OR PROVEDTO ME ON THE BAST OF SATISFACTORY 6ft DENCE),70 O� NTHA THEY EIENA SAME IN THEIR TO THE WITHIN INSTRUMENT AND A oO TT MME AUTHORIZED D THAT BY THEIR SIGNATURE ON THE INSTRUMENT, THE PERSON(S), OR THE BON B i4lANF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. b k 3903 CONDOMINIUM PLAN SHEET er NOTES AND DEFINITIONS 1. THIS CONDOMINIUM PLAN ESTABLISHES THE SPATIAL CONFIGURATION OF ALL OF THE COMPONENTS OF A CONDOMINIUM PROJECT COMMON INTEREST DEVELOPMENT, AS SAID DEVELOPMENT IS DEFINED IN CALIFORNIA CIVIL CODE SECTION 1351(c), AND HAS BEEN PREPARED IN ACCORDANCE WITH SECTION 1351 (0) OF SAID CIVIL CODE. 2. "CONDOMINIUM ", AS SAID TERM IS USED HEREIN, SHALL MEAN AN ESTATE IN REAL PROPERTY AS DEFINED IN CALIFORNIA CIVIL CODE SECTION 13510 AND SHALL CONSIST OF AN UNDIVIDED FRACTIONAL FEE INTEREST IN THE COMMON AREA, TOGE- THER WITH A SEPARATE FEE INTEREST IN A UNIT AND ALL EASEMENTS APPURTENANT THERETO. 3. THE "CONDOMINIUM PROJECT' SHOWN ON THIS CONDOMINIUM PLAN IS OVER ALL OF THE REAL PROPERTY WITHIN THE PARCEL OF LAND DESCRIBED BELOW IN THE LEGAL DESCRIPTION, TOGETHER WITH ALL OF THE STRUCTURES AND IMPROVEMENTS CONSTRUCTED OVER, UPON, ACROSS, AND UNDER SAID REAL PROPERTY, WITH THE BOUNDARY OF SAID CONDOMINIUM PROJECT BEING SHOWN HEREIN ON THE "PERI- METER BOUNDARY MAP": LEGAL DESCRIPTION: IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LOT 6 IN BLOCK "B" OF THE SUBDIVISION OF EAST BLOCK 7, ACCORDING TO THE MAP THEREOF No. 33 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MARCH 19,1887, TOGETHER WITH THAT PORTION OF THE UN -NAMED STREET ADJOINING SAID LOT LYING WESTERLY OF THE WEST LINE OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, S.B.B.M., AND LYING BETWEEN THE EASTERLY EXTENSIONS OF SAID LOTS NORTHERLY AND SOUTHERLY BOUNDARIES. 4. "UNIT', AS SAID TERM IS USED HEREIN, SHALL MEAN A SEPARATE INTEREST IN SPACE AS DESCRIBED IN SECTION 1351(Q OF THE CALIFORNIA CIVIL CODE. EACH OF THIS CONDOMINIUM PROJECTS UNITS IS SHOWN HEREIN, AS UNIT NUMBERS 1 AND 2, IN THE "UNIT PLAN ". EACH UNIT IS A SPACE, BOUNDED BY THE HORIZONTAL AND VERTI- CAL LIMITS DESCRIBED IN THE "UNIT PLAN', AND INCLUDES EVERYTHING LYING WITHIN SAID SPACE, INCLUDING EARTH, AIR, AND BUILDING STRUCTURE. THE VERTICAL LIMITS OF EACH UNIT ARE THE PLANAR SURFACES (BEING GEOIDAL, THESE SURFACES ARE 3504 CONDOMINIUM PLAN SHEET e2 NOTES AND DEFINITIONS -continued SLIGHTLY CURVED) DESCRIBED IN THE "UNIT PLAN ". THE HORIZONTAL LIMITS OF EACH UNIT ARE VERTICAL PLANES AT THE LOCATIONS SHOWN IN THE "UNIT PLAN ", SAID LOCATIONS BEING ATTHE GROUND SURFACE ELEVATION WHEREUPON THE BOUNDARY MONUMENTS SHOWN HEREON (ON SHEET Cl) WERE SET AND SAID VERTICAL PLANES BEING ORIENTED SUCH THAT THEY INCLUDE THE CENTER OF THE EARTH UPON THEIR SURFACE. WHERE THE COURSE DATA FOR THE UNIT HORIZONTAL LIMITS, AS LISTED IN THE "UNIT PLAN ", IS QUALIFIED THEREON SUCH THAT THE CORRESPONDING HORI- ZONTAL LIMIT IS LOCATED, RELATIVE TO A PHYSICAL FEATURE, AS DESCRIBED THERE- ON (THE QUALIFICATION BEING SENIOR TO THE LISTED COURSE DATA, WITH THE DATA BEING ADJUSTED IN ACCORDANCE WITH THE QUALIFICATION), THE PORTION OF THE HORIZONTAL LIMITS PLANAR SURFACE THAT IS ADJOINING THE FEATURE MAY NOT BE EXACTLY VERTICAL; HOWEVER, THE PORTION OF THE SURFACE NOT ADJOINING THE FEATURE IS VERTICAL (BEING ORIENTED SUCH THAT SAID PORTION OF THE HORI- ZONTAL LIMITS PLANAR SURFACE INCLUDES THE CENTER OF THE EARTH UPON ITS SURFACE). 5. "COMMON AREA ", AS SAID TERM IS USED HEREIN, IS ALL OF THE HEREIN - DEFINED CONDOMINIUM PROJECT, EXCEPTING ALL OF THE UNITS. AS NOTED IN THE "UNIT PLAN ", THIS CONDOMINIUM PROJECT IS CONFIGURED SUCH THAT THE COMMON AREA LIES WELL ABOVE AND BELOW THE EXISTING GROUND LEVEL WITHIN THE PROJECT. 6. THE ESTABLISHMENT OF THE CONDOMINIUM PROJECT COMMON INTEREST DEVELOP- MENT SHOWN ON THIS CONDOMINIUM PLAN IS TO BE ACCOMPLISHED BY THE EXECU- TION AND RECORDATION OF: (1) THIS CONDOMINIUM PLAN, (2) THE ASSOCIATED "DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ", AND (3) THE DEEDS GRANTING EACH OF THE PROJECTS UNITS, WITH EACH DEED DESCRIBING, WITH REFERENCE TO THIS CONDOMINIUM PLAN, THE FEE INTEREST IN THE RESPEC- TIVE UNIT, THE APPURTENANT FRACTIONAL INTEREST IN THE COMMON AREA, AND THE APPURTENANT EASEMENT RIGHTS, IF ANY, AND WITH EACH DEED CONDITIONING AND RESTRICTING SAID INTERESTS BY REFERENCE TO SAID DECLARATION. 3905 CONDOMINIUM PLAN SHEET Cl "-15' PERIMETER BOUNDARY MAP SCALE. 1 ALLEY 50.31 SEE 7HE 'LEGEND" ON N06738236W * _ SHEET C2 FOR MONU- MEN T DESCRIPTIONS O- SEE THE `UNIT PLAN" 00 ' 7HE CONFIGURA- TION OF EACH UNIT t' L z n L� a N � m m a t� cn t� C�3 C� C�? FND. 518" REBAR, CAP "LS 68500• SET PER C.R. 17292; REJ. 0.1E N00 30'00 "W 50 62' 3. N8319 '160E N31` CORNISH DRIVE 33.06 CONDOMINIUM PLAN SHEET C2 PERIMETER BOUNDARY MAP, continued LEGEND: INDICATES FND. 314" I.P., PLASTIC CAP "LS 4368'p- SET PER PM 12126. U.N.O. INDICATES FND. LEAD /DISC °LS 6312' ON CONC. SURFACE, AT OFFSET SHOWN, R.O.S. PENDING INDICATES PERIMETER BOUNDARY OF CONDOMINIUM PROJECT. BASIS OF BEARINGS: THE BEARING OF THE LINE BETWEEN LOTS 5 AND 6 OF EAST BLOCK 78 OF MAP 33, PER OFFSET MONUMENTS THERETO, AS SHOWN HEREON. BEING: NORTH 8319'16" EAST. BASIS OF ELEVATIONS: THE BENCHMARK "OC 0140' PER THE COUNTY OF SAN DIEGO VERTICAL CONTROL BOOK, WITH THE NGVD29 -DATUM ELEVATION PUBLISHED THEREIN BEING. 77.489' VICINITY MAP 1 ENONITAS E �Z ro 5T. 1i M N F' 10,11, SZ. St TE 'S�l rn z�-t' o E. -G• 5T 5 NOT TO 1I4i �I SCALE LEGEND: INDICATES FND. 314" I.P., PLASTIC CAP "LS 4368'p- SET PER PM 12126. U.N.O. INDICATES FND. LEAD /DISC °LS 6312' ON CONC. SURFACE, AT OFFSET SHOWN, R.O.S. PENDING INDICATES PERIMETER BOUNDARY OF CONDOMINIUM PROJECT. BASIS OF BEARINGS: THE BEARING OF THE LINE BETWEEN LOTS 5 AND 6 OF EAST BLOCK 78 OF MAP 33, PER OFFSET MONUMENTS THERETO, AS SHOWN HEREON. BEING: NORTH 8319'16" EAST. BASIS OF ELEVATIONS: THE BENCHMARK "OC 0140' PER THE COUNTY OF SAN DIEGO VERTICAL CONTROL BOOK, WITH THE NGVD29 -DATUM ELEVATION PUBLISHED THEREIN BEING. 77.489' 3907 �'✓ f CONDOMINIUM PLAN SHEET DI SCALE: 1" = 15' SEE ITEMS 4, 5, AND 6 IN "NOTES AND DEFINITIONS" RE- GARDING "UNIT PLAN" DATA. NO TES: NOTE "A ": INDICATES EXTERIOR WALL SURFACE OF EXISTING RESIDENTIAL STRUCTURE NOTE "B": IT IS INTENDED THAT THIS HORIZONTAL OMIT COURSE LIES ALONG THE CENTER OF THE EXISTING RESI- DEN 77AL STRUCTURE'S COMMON WALL UNl T PLAN UN17S 1 AND 2 LOWER OMIT ELEVATION = 0.00' ** ** BELOW THIS ELEVATION LIES THE LOWR OF TWO PORTIONS OF COMMON AREA. UN17S l AND 2 UPPER LIMIT- ELEVA 77ON = 1,000.00'* * ABOVE THIS ELEVA7ION LIES THE UPPER OF TWO POR71ONS OF COMMON AREA. N06 38'36"W 50.31' NOO*30'00 "W 50.62'