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2001-387867i� Recording Requested By: (I When recorded Mail To: 9 716 3 ep fit o 19c—'eAs C4rza C4 Y2-0 v91 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 PM 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 x721 41 iv) W N! Y{r�J r ^ V4, •� ,M'-�8Z 3 „OZ,Z -V.22N Q ❑ O � 968 '86ti 6 6 3 „ � o Z,Z��-V.£� � 8 N o o z ti,I �W x ; CO 0 E- co U) 0 �56,z N Al'y (.",4 N 00 O O d � x Z ` "0 ` ❑ Q ❑ 5 3„8-bt8S8N N pQ E-4 0) Zo IV ,26'66 3 „99,70a'v8N QJ Lo Q li 9z 0- oZ �,C: L0-00 L 3 „9 L,99S2 N Crl 6ta$6 ZSV9 z ,Zo'9SZ 3 „9 L,99S9 N Z Q O o Cti o L Q h z o LqA i �z N 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