2001-387867i�
Recording Requested By:
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APN# 258 214 09
DOC # 2001 - 0387867
JUN 11 2001 3:1-8
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, =TY RECORDER
FEES: 29.00
Space Above For Recorders Use
CERTIFICATE OF CONSENT TO RECORDATION
PURSUANT TO
CIVIL CODE SECTION 1351 (e)
FOR
VULCAN VILLAS
AT
743 & 745 S. VULCAN AVE.
The undersigned, Donna M. Peters and Jerry Peters, being the recorded owner
of the property hereinbelow described, does hereby consent to the. recordation of the
hereinafter described Certificate pursuant to California Civil Code Section 1351(e).
Said property is situated in the City of Encinitas, County of San Diego, State of
California, and is described as:
LEGAL DESCRIPTION:
PARCEL 1 OF PARCEL MAP NO. 18699, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 2001
Said property shall be a Common Interest Development ( "Project ") pursuant to
California Civil Code Section 1351 (c) (2) and as more fully defined in Civil Code
Section 1351(f).
Attached hereto, and by reference made a part hereof, is a diagrammatic plan
( "Condominium Plan ") of the project and the separate interests therein, consisting of (i)
a description of the Project that refers to or shows monumentation on the ground, and
I
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97.7
(ii) a three- dimensional description of the Project in sufficient detail to identify the
Common Areas and /or Community Common Areas and each separate interest.
The diagrammatic plan comprises two (2) Units, each containing the
Separate interests and the appurtenances as shown thereon.
The symbols used in the Condominium Plan are defined as follows:
U Means and refers to Unit
The Project and diagrammatic plan are subject to the terms and conditions stated
in the Declaration for VULCAN VILLAS at 743 & 745 S. VULCAN AVE.
IN WITNESS WHEREOF, this Certificate of Consent has been executed this
June 8/, 2001
By:
CERTIFICATE OF CONSENT
Peters
The undersigned, C. W. Southwick, Vice President of US Bank National Association, a
National Association, being the record owners of the real property hereinafter described
and shown upon the Condominium Plan attached hereto as Exhibit "A ", does hereby
Consent to the recordation of said Plan pursuant to California Civil Code Section 1351,
with the intent to cause the property shown and described thereon to be divided into
Condominiums as defined in California Civil Code Section 783 in order that the
Provisions of Title 6, Part 4, Division Second of the California Civil Code shall be
applicable to said property.
The undersigned further Certifies that the only Holders of Security interest in said real
property are: US BANK NATIONAL ASSOCATION, a National Association
By: (!, G�_)
C.W. So wick, Vice President
2
9715
STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO
On June 08, 2001, before me, Norma S. Niedens,
A Notary Public in and for said County and State, personally appeared:
_Jerry Peters
(or proven to me on the basis of satisfactory evidence)
to be the person44 whose name G /are subscribed to the within instrument
and acknowledged to me that s4ie�ey executed the same in he&tTeir
authorized capacitykies), and that by(i lhe4#iek-signaturef4, on the instrument
the person(s�; or the entity upon behalf of which the personm acted, executed
the instrument.
WITNESS MY HAND AND OFFICAL SEAL
pp NORMA S. NIE "
Signature: �• Gp� -�l� 7 Commission #174
Notary Pubr�c - Ccditmic
San Diego County
STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO
On _June 08, 2001, before me, _Norma S. Niedens
A Notary Public in and for said County and State, personally appeared:
_Donna M. Peters
(or proven to me on the basis of satisfactory evidence)
to be the person ] whose name(,s4oare subscribed to the within instrument
and acknowledged to me that she xecuted the same in M-rei�
authorized capacity(, and that by� signature ,W, on the Instrument
the person{, or the entity upon behalf of which the person�qacted, executed
the instrument.
WITNESS MY HAND AND OFFICAL SEAL
Signature:
Y J.r■
STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO
On June 08, 2001, before me, Norma S. Niedens
A Notary Public in and for said County and State, personally appeared:
C. W. Southwick
personally known to me { asis -of sattsfartefy-eviderrCe)
to be the personwhose name
,W<15k-A'e subscribed to the within instrument
and acknowledged to me that Jae sh ff* executed the same in his thef'r
authorized capacityDW, and that by- e tbdr signatureW, on the Instrument
the persoo, or the entity upon behalf of which the person} acted, executed
the instrument.
WITNESS MY HAND AND OFFICAL SEAL
r�o �O.SCLOM%mMon#1 A S. NIED£�15
2552 74
Signature:' i z VWccmrrLB#mDec21,2V' t-
VULCAN VILLAS condominium Galan
LEGAL DESCRIPTION:
PARCEL 1 OF PARCEL MAP NO. 18699, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 11, 2001.
9719
IL FG��"{YD.
INDICATES CONDOMINIUM PROJECT BOUNDARY
U-1 INDICATES UNIT NUMBER (TYPICAL)
I DENOTES UNIT BOUNDARY
I -- - - - - -- DENOTES DUTSITE OF BUILDING
ENGINEER'S CERTIFICATE:
1 HEREBY STATE THAT 1 AM A REGISTERED CIVIL ENGINEER OF THE
STATE OF CALIFORNIA, AND THAT THIS PLAN CONSISTING OF 5 SHEETS,
CORRECTLY SHOWS THE BOUNDARIES OF THE LAND AND THE RELATION
THEREOF OF THE UNITS SHOWN HEREON WITH MINOR VARIATIONS.
06/06/2001
VICTOR RODRIGUEZ- FERNANDEZ, RCE 35373
SHEET 1 OF 5 SHEETS
VULCAN VILLAS condominium plan
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS CONDOMINIUM PLAN IS THE CENTERLINE OF DEWITT AVENUE
PER MAP NO. 18699, 1. E. N 5° 59' 30- W.
BASIS OF ELEVA IQN= 9720
NA083 POINT "ENC TC 2"
BRASS CAP AT TOP OF CURB EAST SIDE OF S. VULCAN AVE. BETWEEN EAST "D"
STREET & EAST "E" STREET. ELEV, = 59.87, VERDATUM 29
E ERA L NOTES ND DEN S•
1. TWO (2) AIRSPACE ENVELOPES CONTAIN ALL UNITS
2. "CONDOMINIUM" SHALL MEAN AND REFER TO AN ESTATE IN THE CONDOMINIUM PROPERTY AS DEFINED
IN CIVIL CODE SECTION 1351 (f) AND SHALL CONSIST OF:
(A)
(B) AN APPURTENANT UNDIVIDED FRACTIONAL INTEREST AS TENANT -IN COMMON IN A PORTION OF THE CONDOMINIUM
PROPERTY DESCRIBED HEREIN AND IN THE DECLARATION AS "COMMUNITY COMMON AREA" ("CCA').
"UNIT" SHALL MEAN A SEPARATE INTEREST IN SPACE DEFINED IN CIVIL CODE SECTION 1351(f).
EACH OF THE UNITS SHALL BE A SEPARATE FREEHOLD ESTATE. THE UNITS ARE SHOWN AND
NUMBERED ON THE PLAN AS "U-1" AND "U -27. TOTAL NUMBER OF UNITS IS TWO (2).
EACH UNIT 1S A THREE - DIMENSIONAL DIVISION OF LAND (INCLUDING AIRSPACE, EARTH, WATER AND
IMPROVEMENTS), THE LATERAL BOUNDARIES OF WHICH ARE VERTICAL PLANES AT THE LIMITS OF THE
HORIZONTAL DIMENSIONS OF EACH SUCH RESPECTIVE UNIT AS SHOWN ON THE PLAN. THE UPPER
LIMIT OF WHICH EXTENDS FROM THE GROUND ELEVATION TO THE HEAVENS, AND THE LOWER LIMIT
OF WHICH EXTENDS FROM THE GROUND ELEVATION DOWN TO THE CENTER OF THE EARTH; EXCEPTING
THEREFROM THE "CCA" AS DEFINED HEREIN.
"COMMON AREA" OR "COMMUNITY COMMON AREA" ( "CCA") IS A MODULE THAT IS DESCRIBED ON THE
PLAN AS "CCA'; AND CONSISTS OF AIR SPACE AND SOME TANGIBLE PHYSICAL IMPROVEMENTS ATTACHED
TO THE EARTH. THE "CCA" PHYSICAL IMPROVEMENTS INCLUDE THE FOOTINGS, FOUNDATION WHICH
SUPPORT THE SOUTH WALL OF UNIT 1 AND THE NORTH WALL OF UNIT 2, THE COMMON ROOF DRAINS
AND THE CRICKET OF THE ROOF AREA WHICH CONNECTS THE TWO ROOFS. THE COMMUNITY COMMON
AREA SHALL BE OWNED BY THE OWNERS OF THE UNITS WITHIN THE PROJECT IN EQUAL UNDIVIDED
ONE -HALF (112) FRACTIONAL INTERESTS AS TENANT -IN- -COMMON. AN EASEMENT IS HEREBY GRANTED
TO EACH OWNER OF A UNIT SEPARATE INTEREST THROUGH ANY OTHER UNIT FOR ACCESS PROPOSED
TO THE "CCA ; EXCEPTING THEREFROM ANY PORTION - OF THE UNIT THAT CONSISTS OF A DWELLING.
THE LOWER LIMIT OF THE "CCA" MODULE EXTENDS FROM A HORIZONTAL PLANE BEGINNING FROM
A POINT ONE - HUNDRED FEET (100.0') ABOVE THE GROUND ELEVATION AS DEFINED IN THE PLAN
TO AN UPPER LIMIT HORIZONTAL PLANE THAT IS ONE FOOT (1.0') ABOVE THE LOWER "CCA" PLANE;
THE LATERAL BOUNDARIES OF THE "CCA" ARE VERTICAL PLANES AT THE LIMITS OF THE HORIZONTAL
DIMENSIONS OF THE CONDOMINIUM PROPERTY.
A SEPARATE INTEREST IN SPACE CALLED A "UNIT ".
3.
4.
5. ALL REAL PROPERTY SHOWN HEREON NOT LOCATED WITHIN A UNIT, IS A PART OF THE COMMON AREA.
6. IN INTERPRETING DEEDS AND PLANS, THE THEN EXISTING PHYSICAL BOUNDARIES OF A UNIT, AND
BUILDING THEREIN, 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 DESCRIPTION EXPRESSED IN THE DEED, LEASE, DECLARATION OR THIS PLAN.
REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF A BUILDING(S), AND REGARDLESS OF MINOR
VARIANCE BETWEEN THE BOUNDARIES SHOWN ON THIS PLAN AND THOSE OF THE BUILDING AS ACTUALLY
PHYSICALLY CONSTRUCTED.
SHEET 2 OF 5 SHEETS
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I i VULCAN VILLAS
DENOTES OUTS
OF BUILDING
ATJYY
condominium plan
9722
a
N
GRAPHIC SCALE
0 8 1 10 1 32
4 12 20
( IN FEET )
1 INCH= 16' FT
in
N
VULCAN AVENUE
'CA TES GROUND
EVATION (TYP)
OTES PR eJE T C
1NDARY YP)
FIRST FL ODR PLAN-
condominium
L ANV
�'- VULCAN VILLAS
ty-
fl
z
O
m
U
W
O
Q
HEAVENS
condominium plan
CONDOMINIUM
UNIT AREA
(INDEFINITE
F
DISTANCE)
-FEET ABOVE
FINISH GRADE
C C
A
100 -FEET ABOVE
FINISH GRADE
U--1
fy-
o U�2
z
z
O
0
Q
m
O
U
Z
Q
FINISH
GRADE
VARIES 25.03'
VARIES 25.V0
TO 25.28'
TO 25.12'
CONDOMINIUM
UNIT AREA
(INDEFINITE
DISTANCE)
CENTER OF THE EARTH
VER TICAL CON TROL PL AN
NO SCALE
9723
SHEET 5 OF 5 SHEETS