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2016-284095RECORDING,REQUESTED BY CHICAGO TITLE COMPANY AND WHEN RECORDED MAIL TO Linda F. King 2379 Montgomery Avenue Cardiff by the Sea, California 92007 0& -.;?-C7— '5'7&- -,- S-,-> APN #261 - 092 -38 DOC# 2016- 0284095 III II I I I 1111111111111111111111111111111111111111111111111111111111 IN Jun 09, 2016 02:15 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $36.00 PAGES:8 This area for Recorder's use MONTGOMERY OCEAN CONDOMINIUM PLANS CERTIFICATE UNDER CALIFORNIA CIVIL CODE §1351 We, the undersigned, being all of the record owner(s) of, and record holder(s) of security interests in the real property described in the documents hereinafter mentioned, do hereby certify that: We hereby consent to the recordation of the plan of condominium, pursuant to Chapter 1350 et seq. of California Civil Code, consisting of: (i) the description or survey map of the surface of the land included within the project, such as description set forth upon or constituted by the Legal Description described in Exhibit "A" attached hereto and incorporated herein by this, as shown on the Condominium Plan for MONTGOMERY OCEAN CONDOMINIUMS, attached hereto and incorporated herein; (ii) the diagrammatic floor plans, plans of the building or buildings built or to be built on said land, as said diagrammatic floor plans are attached to this Certificate, and which diagrammatic floor plans are hereby by reference incorporated herein; and (iii) this Certificate. IN WITNESS WHEREOF, this Certificate has been executed this 41, day of Tyly G , 2011�. OWNER: Linda F. King EXHIBIT "A" LEGAL DESCRIPTION MONTGOMERY OCEAN CONDOMINIUM PLANS CERTIFICATE THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 27 AND 28 IN BLOCK 14 OF CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 14, 1910, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 27; THENCE ALONG THE WESTERLY LINE OF LOTS 27 AND 28, ALSO BEING THE EASTERLY RIGHT -OF -WAY OF MONTGOMERY AVENUE. 1. NORTH 31 °10'00" WEST 50.00 FEET, 2. NORTH 58 050'00" EAST 100.00 FEET 3. SOUTH 31 °10'00" EAST 50.00 FEET 4. SOUTH 58 050'00" WEST 100.00 FEET TO THE NORTHWEST CORNER OF LOT 28; THENCE ALONG THE NORTHERLY LINE OF LOT 28 TO THE NORTHEAST CORNER OF LOT 28 THENCE ALONG THE EASTERLY LINE OF LOTS 28 AND 27 TO THE SOUTHEAST CORNER OF LOT 27; THENCE ALONG THE SOUTHERLY LINE OF LOT 27 TO THE POINT OF BEGINNING. SAID DESCRIPTION BEING PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 9, 2012 AS INSTRUMENT NO. 2012 - 0077284 OF OFFICIAL RECORDS. APN: 261 - 092 -38 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT California Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ss. County of San Diego On G — , 2016, before me, ale zo LL ?-fh a Z� Notary Public, personally appeared, GREGORY KING who proved to me on the basis of satisfactory evidence to be the personfwrwhose name(X is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized ca aci and that b his/her /their si ature on the instrument the erson or the entity upon behalf of which the person cted, 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 - AREZCU'RAZMAUM Commission • 2004425 No" Public .fdow a Los IMp Ws County My Comm. Ex Uss Jan 21, 2017 Place Notary Seal Above ADDITIONAL OPTIONAL INFORMATION Title or Type of Document: Montgomery Ocean Condominium Plan Certificate Under California Civil Code §1351 Document Date: 1- I L (O Number of Pages: q CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT California Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California SS. County of San Diego ' On 2016, before me, Notary Public, personally r - u - � � , , appeared, LINDA F. KING who proved to me on the basis of satisfactory evidence to be the persontwhose name is /aq subscribed to the within instrument and acknowledged to me that-hre /she /t1rey executed the same intft/her /their authorized capacity and that byhis/her /their signature�skon the instrument the personX, 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 and official seal. Signature CYNTHIA ANN DATTE o� COMM. #2101215 z ` Notary Public • California o Z ��° `, San Diego County 0 N My Comm. Expires Feb. 23, 2019 Place Notary Seal Above ADDITIONAL OPTIONAL INFORMATION Title or Type of Document: Montgomery Ocean Condominium Plan Certificate Under California Civil Code §1351 Document Date: "` — Number of Pages: MONTGOMERY OCEAN CONDOMINIUM PLAN LEGAL DESCRIPTION: LOTS 27 AND 28 IN BLOCK 14 OF CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 14, 1910, MORE PARTICULARLY DESCRIBED AS FOLLOWS.• BEGINNING AT THE SOUTHWEST CORNER OF LOT 27; THENCE ALONG THE WESTERLY LINE OF LOTS 27 AND 28, ALSO BEING THE EASTERLY RIGHT -OF -WAY OF MONTGOMERY AVENUE 1. NORTH 3170100" WEST 50.00 FEET 2. NORTH 58'50'00" EAST 100.00 FEET J. SOUTH 3170'00" EAST 50.00 FEET 4. SOUTH 5850'00" WEST 100.00 FEET TO THE NORTHWEST CORNER OF LOT 28; THENCE ALONG THE NORTHERLY LINE OF LOT 28 TO THE NORTHEAST CORNER OF LOT 28, THENCE ALONG THE EASTERLY LINE OF LOTS 28 AND 27 TO THE SOUTHEAST CORNER OF LOT 27,• THENCE ALONG THE SOUTHERLY LINE OF LOT 27 TO THE POINT OF BEGINNING. SAID DESCRIPTION BEING PURSUANT TO CERTIFICATE OF Cl RECORDED FEBRUARY 9, 2012 AS INSTRUMENT NO. 2012 -1 OF OFFICIAL RECORDS LEGEND: PROPERTY LINE UNIT LINE FIRST FLOOR BLDG LINE Ul INDICATES UNIT 1 LU1 INDICATES LIVING UNIT 1 G1 INDICATES GARAGE UNIT 1 PKl INDICATES OPEN PARKING UNIT 1 Yl INDICATES YARD AREA UNIT 1 Dl INDICATES DECK UNIT 1 INDICATES COMMON AREA VICINITY MAP LAND SURVEYOR'S STATEMENT l HEREBY CERTIFY THAT / AM A REGISTERED LAND SURVEYOR OF THE STATF OF CALIFORNIA, AND 771AT THIS PLAN CONSISTING OF 5 SHEETS CORREC7LY SHOWS THE BOUNDARIES OF THE LAND AND THE RELA77ON OF l WN HEREON. l tJ� RANDY R. BRO LS 5406 EXP. 9130116 DA7E SOWARDS AND BROWN ENGINEERING, INC. 2187 NEWCASTLE AVENUE STE 103 CARDIFF BY THE SEA, CALIFORNIA 92007 PHONE (760)436 -8500 SHEET 1 OF 4 N.T.S. `AND sli R 8 go�9 < Q 2 J No. 5406 C> * Exp.9/30/16 w ��qrF OF JOB NO. 08 -015 5104116 SOWARDS & BROWN ENGINEERING CONSULTING ENGINEERS 2787 NEWCASTLE AVENUE SUITE 103 CARDIFF BY THE SEA, CA., 92007 TEL 760/43648500 FAX 760/436 -8603 MONTGOMERY OCEAN CONDOMINIUM PLAN BASIS OF SWIMS- THE BASIS OF BEARINGS FOR THIS SURVEY IS BASED ON THE CENTERLINE OF MONTGOMERY AVENUE AS SHOWN ON RECORD OF SURVEY No. 11890, LE. NORTH 303929' WEST BASIS OF ELEVA AONS- CITY OF ENCINITAS BENCHMARK 'ENC -42, A 25- ENGINEER'S DISC IN THE EAST WING WALL OF THE NORTH END OF THE HIGHWAY 101 BRIDGE OVER SAN ELIJO LAGOON ELEV 13938 DATUM: NAVD88 GENERAL NOTES AND D07NI71ONS 1. THIS CONDOMINIUM PLAN CONSISTS OF- A. A DESCRIPTION OF THE LAND INCLUDED WITHIN THE PROJECT. B. A DIAGRAMMATIC PLAN OF THE UNITS C. THE CERAFlCAIE REQUIRED BY CALIFORNIA CIVIL SECTION 1351. 2 THIS CONDOMINIUM PLAN IS COMPOSED OF TWO UNITS ON ONE PARCEL, UNITS 1 AND 2 J. CONDOMINIUM SHALL MEAN A CONDOMINIUM AS DEFINED IN SECTION 4120 OF THE CIVIL CODE, CONSIS77NG OF A FEE INTEREST IN A UNIT, THE BOUNDARIES OF WHICH ARE SHOWN AND DESCRIBED ON THIS CONDOMINIUM PLAN, AN UNDIVIDED INTEREST AS A TENANT IN COMMON IN THE COMMON AREA OF THE PROJECT. 7HE FRACTIONAL UNDIVIDED INTEREST APPURTENANT TO EACH UNIT SHALL BE AN UNDIVIDED FIFTY PERCENT INTEREST IN THE COMMON AREA. 4. "UNIT SHALL MEAN THAT POR71ON OF A CONDOMINIUM THAT CONSISTS OF 7HE FEE INTEREST IN A UNIT. "UNIT DOES NOT INCLUDE THE 07HER ELEMENTS OF A CONDOMINIUM AS DEf1NED ABOVE. "A UNIT INCLUDES THOSE AREAS AS SHOWN ON SHEETS 3 AND 4 OF THIS CONDOMINIUM PLAN AS FOLLOWS: "LU" LIVING UNIT "G" GARAGE "PK" OPEN PARKING "Y" YARD AREA "D" DECK EACH UNIT SHALL BE A SEPARATE FREEHOLD ESTA7F AS SEPARATELY SHOWN, NUMBERED, AND DESIGNATED IN THE CONDOMINIUM PLAN. UNIT CONSISTS' OF ALL AIR SPACE, REAL PROPERTY AND IMPROVEMENTS WITHIN THE UNIT AREAS SHOWN HEREON. 5. COMMON AREA SHALL MEAN AND INCLUDE THAT POR710N OF THE HEREIN DESCRIBED PROPERTY LIMI7F0 TO THE BUILDING ROOF AND THE WALKWAY /STAIRS LEADING FROM THE PUBLIC RIGHT OF WAY TO THE FRONT ENTRY OF EACH UNIT, AND NO OTHER AREAS 6. UNIT OWNER SHALL BE RESPONSIBLE FOR ALL MAINTENANCE OF THE UNIT INCLUDING ALL IMPROVEMENTS Z THE PHYSICAL BOUNDARIES OF A CONDOMINIUM UNIT, OR OF A UNIT REC0NS7RUC7ED IN SUBSTAN77AL CONFORMANCE WITH 771E ORIGINAL PLANS THEREOF, SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES RATHER THAN THE METES AND BOUNDS EXPRESSED HEREIN, REGARDLESS OF SET7LING OF LATERAL MOVEMENT OF THE BUILDING AND REGARDLESS OF VARIANCE BETWEEN BOUNDARIES SHOWN HEREON AND THOSE OF 771E BUILDING. SHEET 2 OF 4 JOB NO. 08 -015 5104116 SOWARDS & BROWN ENGINEERING CONSULTING ENGINEERS 2157 NEWCASTLE AVENUE SUITE 103 CARDIFF BY THE SEA, CA., 92007 TEL 760/436 -8500 FAX 760 /436 -8603 ' MONTGOMERY OCEAN CONDOMINIUM PLAN Scq`F RAW Y1 ALLEY l 24..82' _ UNI T MUM LINE R/W N317 'W ` 50.00' R/W 5.79 5.9J' ADJACENT U1 U2 DRIVEWAY I Yl °° PK2 CARPORTT ' PKl Y2 0 4.77' LU2 520' N O Gl l,7 5 CL ti � Lo W p Z Lo U p Y2 � 'o o z Q Y1 r- � L Ul r I LD2 J ADJACENT Y2 DECK 2.2s Yl COMMON AREA Yl I ' Y2 R/W NJ1'10'W 50.00 R/W SHEET 3 OF 4 n 0 MONTGOMERY AVENUE N JOB NO. 08- 015 5104116 SOWARDS & BROWN ENGINEERING CONSULTING ENGINEERS 2197 NEWCASTLE AVENUE SUITE 103 CARDIFF BY THE SEA. CA.. 92007 TEL 760/4368500 FAX 790/4368903 MONTGOMERY OCEAN CONDOMINIUM PLAN SHEET 4 OF 4 19.97' 20.04' N w Gl LU2 20.04' N rte, ` LUl 14.59' o �D2�w c°n L 14.68 10.00 LOWER FLOOR UNIT 1 & 2 19.96' 20.04' 2.01' cr N LU2 2.01' LUl w w w 325' 23, 5.43' S 95' o � D2 `Iti 4.43' `"- 13.58' S�9 512 UPPER FLOOR UNIT 1 & 2 JOB NO. 08 -015 5104116 L OWARDS & BROWN ENGINEERING NSULTING ENGINEERS 87 NEWCASTLE AVENUE SUITE 103 RDIFF BY THE SEA, CA., 02007 7601436 -8500 FAX 780/436 -6803