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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. N�g•45 � y `L ti w i N s z s m s "L c �' \ U 2.O0. RY OF Sam 0 i \ Y BO 28 i T '� L FAN j4� N EASEME 0 R. 4 / o uc R 884a' pUB F ° 1 4- 28 1 V E BPv 3242 ER 93 14yG91A 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. N 15 45'03 "W 9.00 L3 z N o N15'45'03 7E 9.00' swo°o N JJ m J IT 1.3 45,00 54 29 N15 AW 1100 qj.�- z \ 0 1 0 s. �.11Tl v;w\ 2 , i 31 310 110 0 " W 10 00 � , N15•42 W 63.31 .0 N156 2 ,3� N15 .45,45'W 8 63.2 HOR►ZONTA. f �p CAL) OF N15'45'p9.0 . \ W \ 1 \ \ r 0 \ \ \\ �N� 5 45 00 W z sN .P "54�29� z o+ s m EASEMENT DETAIL rn \ ca � a \ m SEE Np1E z J J � m 0 m c) \ O zm oz \ � 1 : o " -4,0 A O om 10-00 "W ,3 31, NNG4SVEE SHEEWOt EASE ENt SE