2010-274646�y Recording Requested By:
When Recorded Mail To:
JEFFREY & KRISTA WATTS
270 RAINTREE DR
ENCINITAS CA 92024 -1568
4281
DOC # 2010- 0274646
11111111111 111111111111111111111111111111111111111 IN
JUN 02, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER. COUNTY RECORDER
FEES: 33.00
PAGES: 9
111111 Hill hill Hill Hill IIIII Hill Hill hill gill dill Hill Rill hill Hill oil 101
SPACE ABOVE FOR
Index as "Condominium Plan"
CERTIFICATE OF CONSENT TO RECORDATION
PURSUANT TO CIVIL CODE SECTION 1351(e)
FOR
"1418 HYGEIA AVENUE CONDOMINIUMS"
USE
The undersigned, JEFFREY WATTS AND KRISTA WATTS, being the record
owners of the property hereinbelow described, do 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 2 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
AS SHOWN AT PAGE 3242 OF PARCEL MAPS FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 21. 1974.
SEE CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 16,
2008 AS DOCUMENT NO. 2008 -0639866 OF OFFICIAL RECORDS
OF THE COUNTY OF SAN DIEGO.
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
1418 HYGEIA AVENUE CONDOMINIUMS
CONSENT FORM 1 -
I,
( "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 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.
ACCESS EASEMENT
Means and refers to those "Access Easement" areas shown on
Sheet D -1 of the attached Condominium Plan, 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 "1418 HYGEIA AVENUE CONDOMINIUMS" recorded concurrently herewith (the
"Declaration'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.
1418 HYGEIA AVENUE CONDOMINIUMS
CONSENT FORM - 2 -
4283
IN WITNESS WHEREOF, this Certificate of Consent has been executed this 4ey
DECLARANT:
rB Y.
u ; sta Watts
(Please Attach Proper Notary Certificate(s) of Acknowledgment)
1418 HYGEIA AVENUE CONDOMINIUMS
CONSENTFORM -3-
State of California
County of San Diego
ALL - PURPOSE ACKNOWLEDGMENT
• I
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
iafare subscribed to the within instrument and acknowledged to me that hefshe/they
executed the same in hisfherftheir authorized capacity(ies), and that by hisfherftheir
signature(s) on the instrument, the person(s), or the entity upon 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
t FONDA ARCIDIACONO
v ' Commission #1773989 <
� Notary Public - Californlap
WITNESS my ha and official seal. San Diego County
My Commission Exp. Oct. 18, 2011
jurat.doc (062009)
EXHIBIT "A„ 4285
"NOTES AND DEFINITIONS"
1. There are two (2) "Unit" separate interests and one (1) "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 1351(f), 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."
3. "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 Unit 1 and Unit 2. Total number of Units
is two (2).
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 Lower Limit for which extends from the bench mark elevation
listed on Sheet C2 down to the center of the earth and the Upper Limit of
which extends from said bench mark elevation to the heavens, excepting
therefrom the "Common Area."
4. "Common Area" shall mean and refer to the area 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 limit of the Common Area extends
from a horizontal plane beginning from an elevation point that is one - thousand
feet (1,000) above the benchmark elevation identified in the Sheet C2 of the
Plan to an upper limit horizontal plane that is one foot (1.0') above the lower
horizontal plane; the lateral boundaries of the Common Area are vertical
planes at the limits of the horizontal dimensions of the Property.
All real property shown hereon not located within a Unit, is a part of the
Common Area.
5. Dimensions labeled herein shall have precedence over distances scaled from
plans.
6. All lateral boundaries are vertical places at the limits of the horizontal
dimensions shown on the attached Plans. All vertical and horizontal lines
Notes and Definitions
Certificate of Consent — Condominium Plan Exhibit "A"
4286
intersect at right angles, unless otherwise noted or apparent, on this Plan.
7. 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"
CONDOMINIUM PLAN
SHEET Cl
PERIMETER BOUNDARY MAP 4287
\ SEE THE "LEGEND" ON
SHEET C2 FOR MONU-
r� MENT DESCRIPTIONS.
SEE THE "UNIT PLAN"
r FOR THE CONRGURA-
'45 "W 6331 ".03. TION OF EACH UNIT.
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6ELS
L1 N15'4237 "W 63.31'
L2 N74'17'23 "E 18.25'
SCALE. 1 " =30'
I CONDOMINIUM PLAN SHEET C2
PERIMETER BOUNDARY MAP, continued 4288
LEGEND: • INDICATES FND. 112" REBAR, WITH CAP MARKED
"LS 6312" SET PER C.R. 26922.
■ INDICATES FND. 314" IRON PIPE, DISC MARKED
"RE 13540° SET PER P.M. 3242.
INDICATES FND. LEAD/DISC IS 5211", SET PER
P.M. 19927 & FIN 2007 - 0447072, O.R.
INDICATES PERIMETER BOUNDARY OF
CONDOMINIUM PROJECT.
BASIS OF BEARINGS: THE BEARING OF THE WLY BOUNDARY
OF PCL. 2 OF P.M. 3242, AS SHOWN ON C.R. 26922, BEING:
NORTH 15 4545" WEST.
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'
SURVEYOR'S CERTIFICATE
I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR IN THE STATE OF CALIFORNIA
AND THAT THIS DIAGRAMMATIC PLAN, CONSISTING OF 3 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 AND THE ATTACHED NOTES AND DEFINITIONS.
MICHAEL ANDERSON, L.S. 6312 DATE
(license expires 1213112010) 5�P`
*1 LS 6312 1*
I CONDOMINIUM PLAN SHEET D1
UNIT PLAN 4289
SCALE: 1"--25'
NOTE "A ": LOCATION OF GAS AND
ELECTRIC METERS SERVING BOTH
UNITS (TO BE REFERENCED IN DEEDS).
NOTE "B ": INDICATES EXTERIOR WALL
SURFACE OF EXISTING RESIDENTIAL
STRUCTURE.
NOTE "Co- IT IS INTENDED THAT THIS
HORIZONTAL LIMIT COURSE LIES ALONG
THE CENTER OF THE EXISTING RESI-
DENTIAL STRUCTURE'S COMMON WALL.
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