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2017-175740Recording Requested By: LAWYERS TITLE -31469-0586 When Recorded Mail To: JOHN DULICH 533 HERMES AVENUE ENCINITAS, CA 92024 DOC# 2017 - 0175740 IIII III 1 111111 IIIIIIIIIIII 111111111111111111111111111111111111111 IN Apr 19, 2017 02:31 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $42.00 PAGES: 10 SPACE ABOVE FOR RECORDER'S USE Index as "Condominium Plan" CERTIFICATE OF CONSENT TO RECORDATION PURSUANT TO CIVIL CODE SECTION 4285 FOR "127 & 129 JASON STREET CONDOMINIUMS" The undersigned, JOHN DULICH AND KENDALL DULICH, TRUSTEES OF THE DULICH FAMILY TRUST, DATED MAY 26, 2004, being the record owner of the property hereinbelow described, do hereby consent to the recordation of the hereinafter described Certificate pursuant to California Civil Code Section 4285. Said property is situated in the City of Encinitas, County of San Diego, State of California, and is described as: LEGAL DESCRIPTION: PARCEL 2 OF PARCEL MAP NO. 21180, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER ON OCTOBER 21, 2014AS DOCUMENT NO. 2014 - 0455976. Said property shall be a Common Interest Development ( "Project ") pursuant to California Civil Code Section 4100(b) and as more fully defined in Civil Code Section 4125(b). Attached hereto, and by reference made a part hereof, is a diagrammatic plan ( "Condominium Plan" or "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 (ii) a three - dimensional description of the Project in sufficient detail to identify the Common Area and each 127 & 129 JASON STREET CONDOMINIUMS CONSENT FORM -1 - separate interest. The Project comprises two (2) Units and the appurtenances as shown thereon. The symbols used in the Plan are defined as follows: Unit -# Means and refers to a Unit (Note: UNIT -2A is a parking area and is a part of Unit -2). ACCCESS EASEMENT Means and refers to those easement areas shown on Sheet 3 of 4 Sheets of the attached Condominium Plan referred to as "Access Easement," the use for which is described in the Declaration. The Project and this Plan are subject to the terms, provisions and conditions stated in that certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR "127 & 129 JASON STREET CONDOMINIUMS" recorded concurrently herewith (the "Deciaration'l. Each definition set forth in the Declaration Article entitled "DEFINITIONS," except as may be otherwise or further defined and /or contextualized herein, shall have the same meaning within this Plan and each such definition is by this reference incorporated herein and made a part hereof. The "NOTES AND DEFINITIONS" for the Condominium Plan are attached hereto as EXHIBIT A and by reference made a part hereof. 127 & 129 JASON STREET CONDOMINIUMS CONSENT FORM - 2 - IN WITNESS WHEREOF, this Certificate of Consent has been executed this day of 201-7 DECLARANT: JOHN DULICH AND KENDALL DULICH, TRUSTEES OF THE DULICH FAMILY TRUST, DATED MAY 26, 2004 By: N DULICH Trustee By: KEND LL DULICH Trustee (Please Attach Proper Notary Certificate(s) of Acknowledgment) 127 & 129 JASON STREET CONDOMINIUMS CONSENT FORM -3- 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 ) County of ) On f / 12AI % before me, Arthur P. ArquHla, Notate Public ,personally at)t)ear d ke x,11 Ault i d- ✓6 n 1r�J who proved to me the basis of satisfactory evidence) to be the person (s) whose name (s) i are subscribed to the within instrument and acknowledged to me that he /she / e executed the same in his/her<22ei 3 authorized capacity (ies), and that by his /her/ eir 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. ARTHUR P. ARQUILLAI i3 'b' Commission No. 2051358 NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY Commission Expires January 7,2018 Signature: (Area for Notary Seal) Notary Acknowledgment EXHIBIT "A" SAMPLE - "NOTES AND DEFINITIONS" 1. There are two (2) "Unit" separate interests and one (1) "Module" (Common Area) separate interest described in the attached Condominium Plan. 2. "Condominium" shall mean and refer to an estate in the Property, as defined in Civil Code Section 4125, and shall consist of: (A) A separate interest in space called a "Unit "; (B) An appurtenant undivided fractional interest as tenant -in- common in a portion of the Property described herein and in the Declaration as "Common Area." and /or the "Common Area Module." 3. "Unit" shall mean a separate interest in space defined in Civil Code Section 4125. Each of the Units shall be a separate freehold estate. The Units are shown and numbered on the Plan as Unit -1 and Unit -2 (Unit 2 -A is a vehicular parking area) inclusive. Total number of Units is two (2). 4. Each Unit is 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 ground elevation to the heavens; and the Lower Limit for which extends from the ground elevation down to the center of the earth; excepting therefrom the "Common Area" Module." 5. "Ground Elevation" shall mean and refer to the finish grade of the Property. The Condominium Plan depicts certain Ground Elevation points within the Property by symbols referenced thereon. 6. "Module" shall mean and refer to a three - dimensional division of airspace within the Property, consisting of the Common Area and shown on the attached Condominium Plan. A Module shall not include any Unit separate interest located within the Property. An easement is hereby granted to each owner of a Unit through any other Unit within the Property for access to and through the Module, excepting therefrom any portion of a Unit that consists of a Dwelling, as defined in the Declaration. 7. "Common Area" shall mean and refer to the Module described herein and shown in on the attached Plan as "Common Area," upon the conveyance by Declarant of the first Fractional Interest therein to a Person. The Common Area shall be owned by the respective Unit Owners as an appurtenance to their respective Units, as tenants -in- common in equal, undivided, one -half (112) fractional interests. The Common Area consists exclusively of airspace and does not include any earth or physical improvements. The lower boundary of a Unit will extend to the center of the earth below Finish Grade (also referred to as "Ground Elevation "); the upper boundary of a Unit will extend towards the heavens to a horizontal plane beginning at an elevation point that is ten feed (10') below infinity; the lateral boundaries of the Common Area are vertical planes at the limits of the horizontal dimensions of the Notes and Definitions Certificate of Consent — Condominium Plan Exhibit "A" Property. 8. All real property shown hereon not located within a Unit, is a part of the Common Area. 9. "Access Easement" shall mean and refer to the "Access Easement(s)" shown on Sheet 3 of 4 (labeled as "Access Easement ") of the attached Condominium Plan as such and as defined in the Declaration. 10. Dimensions labeled herein shall have precedence over distances scaled from plans. 11. All lateral boundaries are vertical places at the limits of the horizontal dimensions shown on the attached Plans. All vertical and horizontal lines intersect at right angles, unless otherwise noted or apparent, on this Plan. 12. In interpreting the deeds and plans, the then existing physical boundaries of a Unit and /or Common Area, 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 the Building(s) and regardless of minor variance between the boundaries shown on this plan and those of the building as actually physically constructed. Notes and Definitions Certificate of Consent — Condominium Plan Exhibit "A" 127 & 129 JASON STREET LEGAL DESCRIPTION PARCEL 2 OF PARCEL MAP 21180, IN 1HE CITY OF ENaNITM COUNTY OF SAN DIEGO, STALE OF CALIFORNIA, BLED IN 7HE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 21, 2014 AS RLE NO. 2014 - 0455976. ENGINEER'S STATEMENT I HEREBY STATE THAT l AM A REGWERED CIVIL ENGINEER OF THE OF 4 SHEETS. Nl�� V NS �� BOUNDARIES OF THE LAD AND 111E RDAITONSIIIP A INUITS AR AS SHOW A D CONRRM WN �D CONDOMINIUM PLAN. CONDOMINIUM PLAN LEGEND INDICATES BOUNDARY OF THIS CONDOMINIUM PLAN INDICATES EASEMENT LINE INDICATES ACCESS EASEMENT INDICATES UNIT BOUNDARY INDICATES RN /SH GRADE INDICATES 2' IRON PIPE WITH LEAD AND DISC STAMPED "LS 7655" PER PARCEL MAP 21180 SYMBOL EIZI e 60.0 L 3- -10-17 INDICATES SET 314' IRON PIPE WITH PLAS77C PLUG STAMPED LS 7655, VINCENT L. SAMPO 4417J DATE .C.. PER PARCEL MAP 21180 U INDICATES UNIT INDEX SHEET N0. BAS /S OFELEVATIONS COVER SHEET 1 ENCINITAS CONTROL STADON ENC -04. A 2.5' BRASS DISK LOCATED PLOT PLAN 2 IN DRAINAGE BOX INLET AT NORTHEAST CORNER OF THE NY OF HORIZONTAL CONTROL PLAN 3 ENCINITAS LEUCADIA OAKS PARK ON THE NEST 9DE OF RA/NTREE DRIVE. VERTICAL CONTROL PLAN 4 DA 711M.- NA VD 88 EZEVA110N.• 67639' BASIS OF BEARINGS THE BASIS OF BEAR /NGS FOR 7111S SURVEY 1S THE CALIFORNIA COORDINATE SYSTEM NAD 83, ZONE 6 GRID BEARING BEINFEIV THE CITY OF ENCINITAS HORIZONTAL STAAONS 'ENC 1004' AND 'ENC 1024' AS SHOW ON RECORD OF SURVEY N0. 18416 1 E NORTH 4270'40' NEST, SAID BEARING AND BEARINGS SYIONN HERON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM NAD 83 ZONE 6, 199L35 EPOCH. NOTES & DERN /AONS PLEASE REFER TO EXHIBIT A' OF THE CERNRCATE OF CONSENT TO WHIT 1 THIS D /AGRAMMANC CONDOMINIUM PLANS IS ATTACHED. SHEET 1 OF 4 I W O I Q 20' 20' 127 & 129 JASON STREET CONDOMINIUM PLAN LOT 10 0 LK I MAP 2040 N 15'0130" W 86.10' I of°o PARC EL I 4� PM N 15'01'30" W 130.02' z 1 - - -- 86.02' -- - - - - -- 4"0• � o 225.47' 114.66' °o 0 It pG° RC EL 2 21180 r� z ra --- - - - - -- -- - - - - -- — — — — 130.00' 95.46' N 15'01'30" W 225.46' i a LOT I4 o LK I MAP 2040 � a PLOT PLAN SHEET 2 OF 4 Q 1"--30 0 15 30 60 I P W I Z 64. 20' 20' rl °o RW N° z 127 & 129 JASON STREET CONDOMINIUM PLAN 4 N 1501'30° W 225.47' _____ 86.10' -24.71'', 114.66' ` o i °o N U -2A N °o SEA DETAIL U -1 ACCESSA N ° /-'A' BELOW � LAJL/17LItl qW °o A '- _N15'08'010* � 46.75' / - N1440'l5aW 85.38' 24.77 -� = -2L98 1 7N74531,O E r „� 9.00 rh N 1501'30° W 130.02' z o �� i U -2 86.02' _ — t7l.4 i7N7458'30a 12.15' 19.1-12,70' 4.00' �L 82.7 6' - — — — — — — ------- - - - - -- 930.00' 95.46' — — — — — — — — — — N1501'30 °W 225.46' ' HORIZONTAL CONTROL PLAN EXISTING 20' WIDE EASEMENT FOR ROAD AND PUBLIC UPLI71ES RECORDED OCTOBER 13, 1959 AS RLE NO 211069 OF O.R. 10.00' WIDE PRIVATE ROAD AND UAUTY EASEMENT IN FAVOR OF PARCEL 2 RESERVED HEREON EXIST 10' WIDE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES PER GRANT DEED REC OCTOBER 28, 2013 AS DOC NO 2013 - 0645282 OF O.R.. 5' WIDE PRIVATE DRAINAGE EASEMENT GRANTED TO PARCEL 2 AT 71ME OF SALE OR TRANSFER OF 717LE M tii� U -i ,o I 2.77 `I 7.28' N15'Ol'30 w I 10.05' U -2 d= 4530'41" �R =700' N15'Ol'30 "W -'4.9J' DETAIL a1 "All �j 0 15 30 60 SHEET 3 OF 4 127 & 129 JASON STREET CONDOMINIUM PLAN INFINITY COMMON AREA 10' BELOW INFINITY CONDOMINUM UNIT AREA CONDOMINUM UNIT AREA (INDEFINITE DISTANCE) (INDEFINITE DISTANCE) Q o U -1 ,, U -2 & U -2A � o QQ z W m o o FINISH GRADE FINISH GRADE cz GROUND ELEVATION GROUND ELEVA 110N z .. 0 0 CONDOMINUM UNIT AREA °, CONDOMINUM UNIT AREA (INDEFINITE DISTANCE) (INDEFINITE DISTANCE) CENTER OF THE EARTH VERTICAL CONTROL PLAN • - ® -E SAMPO ENGINEERING, INC. SHEET 4 OF 4 Al 13 -131.D U -0660 FAX (7603/14 17