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HomeMy WebLinkAbout2005 CON Covenant Not to Convey - H. View ResidencesDOC # 005-06 04 7 /F6 Recording Requested By: 1))1 City of National City When Recorded Mail To: City of National City City Clerk 1243 National City Blvd. National Cit CA 91950 1 1 1 111 11111111111 II 11111 1111111111111111111 JUL 22, 2005 12:02 PM OFFICIAL RECORDS SP.N GIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER FEES: 12.1A1 PAGES: 9 110111011111111011111 UYI11111IIII11IIII�IRYI IIIIIIII 2005-0620427 (Space Above for Recorder's Use) COVENANT NOT TO CONVEY CONDOMINIUM UNITS THIS COVENANT NOT TO CONVEY CONDOMINIUM UNITS ("Agreement"), is made by and between H. VIEW RESIDENCES, LLC, a California limited liability company, ("Developer"), and the CITY OF NATIONAL CITY ("City") on its own behalf and on behalf of future purchasers of condominium units in the Project described below. Developer and the City agree as follows: 1. FACT RECITALS. This Agreement is made with reference to the following facts: (a) The Property. As of the date of this Agreement, Developer is the fee owner of that certain improved real property located at 305 East 26th Street and 2420 D Avenue in the City of National City, County of San Diego, State of California (hereinafter referred to as the "Property" or "Project"). Said Property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. (b) Conditions of Approval of Final Map. Developer is converting the Property to a common interest subdivision. As part of this conversion, Developer must process a Subdivision Map and Conditional Use Permit with the City. (c) Intention of the Parties. As a condition of approval of the Subdivision Map and the Planned Unit Development, the City has required Developer to provide evidence of completion of those certain -1- 110760.000000/542048.02 improvements to the Property described in Exhibit `B" attached hereto and incorporated herein by reference (the "Conditions of Approval") or to provide other security or make other arrangements satisfactory to the City to ensure that evidence of such improvements is made prior to the closing of escrow for the sale of any units as condominiums. Generally, the City requires developers to provide evidence that documents completion of the improvements set forth in the Conditions of Approval. By making this Agreement a part of the public record, the parties intend to prohibit the close of escrow for the sale of any unit in the Project until all required improvements have been made. 2. RESTRICTION AGAINST CLOSING ESCROW. No escrow shall close, funds shall not be released from escrow, and title shall not be conveyed to the purchaser of any unit in any Project building, until all of the conditions set forth on Exhibit "B" are met. 3. POWER TO ENFORCE. In the event Developer, Developer's successors, assigns, or any party having or acquiring any right, title, or interest in or to any part of the Project, sells or attempts to convey title to any condominium unit in the Project (said conveyance to include, but not be limited to, a conveyance of title by judicial or trustee's sale) prior to the time all required improvements have been made, the City shall have the right and power to pursue any remedy, legal or equitable, including, but not limited to, injunction or specific performance to enforce the obligations contained in this Agreement. 4. PARTIAL RELEASE AND RECONVEYANCE. Developer and City agree that upon completion of the required improvements on any of the residential units, and when all other conditions concerning said unit listed in paragraph 2 of this Agreement are met, Developer shall be entitled to a reconveyance and release by the City of the restrictions contained in this Agreement on that particular residential unit. Developer is entitled to said reconveyance and release on a unit -by -unit basis and may select the sequence of the residential units upon which it will complete the improvements. 5. TERMINATION OF RESTRICTION. Upon completion of the improvements listed in the paragraph of this Agreement entitled "RESTRICTION AGAINST CONVEYING UNITS" the City will reconvey to Developer and release any and all restrictions upon the property created by this Agreement, the Lien Contract or any other related Agreement, and this Agreement will terminate. In such event City agrees to execute any and all documentation requested by Developer or any title insurer necessary to release the cloud of this instrument from the title to the Property. 6. CONSIDERATION FOR THIS AGREEMENT. The consideration for this Agreement is the mutual covenants contained herein. -2- 110760.000000/542048.02 7. AMENDMENT. This Agreement may be amended only by a writing signed by both parties, or the parties successors or assigns. 8. NOTICES. Any notice from one party to the other shall be delivered either personally or via United States Mail, postage fully prepaid, addressed to the parties as follows: To DEVELOPER: H. View Residences, LLC 305 E. 26th Street National City, CA 91950 With Copy to: 26t 305 & D 2420, LLC 4445 Eastgate Mall, Suite 407 San Diego, CA 92121 To CITY: City of National City City Clerk 1243 National City Boulevard National City, CA 91950 Any notice shall be deemed delivered at the time of personal service or foity-eight (48) hours after the time of deposit in the United States Mail, as the case may be. In the event either party changes its address, the change of address shall be communicated to the other party in the manner set forth in this paragraph. 9. NO ASSUMPTION OF LIABILITY BY CITY. By reason of this Agreement, the City shall not, nor shall any of its officers or employees, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements referred to herein. 10. ATTORNEYS' FEES. In the event either party shall be required to commence any action or proceeding against the other party by reason of any breach or claimed breach of any provision of this Agreement, or to commence any action or proceeding in any way connected with this Agreement, or to seek a judicial declaration of rights hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party the prevailing patty's - 3 - 110760.000000/542048.02 reasonable attorneys' fees and costs, whether or not the proceeding or action proceeds to judgment. 11. ENTIRE AGREEMENT. This Agreement and the exhibits attached hereto contain the entire agreement of the parties and supersedes any prior or contemporaneous written or oral agreement between the parties. There are no representations, warranties, agreements, arrangements, or understandings, oral or written, between the parties related to the subject matter contained in this Agreement that are not fully expressed herein. 12. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and inures to the benefit of the parties and the respective successors in interest, assigns, and transferees of the parties. 13. COUNTERPARTS. This Agreement may be signed in two (2) or more counterparts, each of which shall constitute an original, but both or which together shall constitute one (1) and the same document. DEVELOPER: H. VIEW IDENCES, LLC, a California limited liability om.any By: Nam Its: CITY: By: a77 ATTEST: City Clerk -4- 110760.000000/542048.02 tiv11\rul APPROVED AS TO FORM: City Attorney Exhibit "A" Legal Description The westerly 60 feet of the easterly 320 feet of the easterly half of 10-acre Lot 2 in Quarter Section 152, the westerly 50.00 feet of the east 370.00 feet of the east half of 10-acre Lot 2, in Quarter Section 152, the westerly 34 feet of the easterly 404 feet of the east half of 10-acre Lot 2 of Quarter Section 152, that portion of the easterly half of 10-acre Lot 1, Quarter Section 152, that portion of the easterly half of 10-acre Lot 1, Quarter Section 152, Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869. Exhibit "A" 110760.000000/542048.02 Exhibit `B" Conditions 1. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits "A -revised", `B" and "C', Case File No. S-2004-4/CUP-2004-5, dated May 28, 2004 and September 14, 2004, respectively. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. The landscape plan shall reflect additional. elements/enhancements above and beyond what is shown in Exhibit `B", of Case File No. S-2004-4/CUP-2004-5, dated May 28, 2004, subject to review and approval by the Planning Director. 3. All of the recommendations of the Property Condition Assessment and Pest Report shall be implemented prior to release of any unit for sale. 4. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities, recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 5. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 6. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 7. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Exhibit "B" Page 1 110760.000000/542048.02 CIS 'fw''3 8. The final map shall meet all of the requirements of the Subdivision Map Act, and the City Of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 9. The developer shall bond for the monumentation prior to the approval of the final map. 10. All new property line survey monuments shall be set on private property, unless otherwise approved. 11. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map, Two measured ties from the boundary of the property to the existing horizontal control stations shall be shown. 12. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 13. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 14. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. 15. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m., or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 16. The property owner and any successor in interest shall agree to not object to the formation of a utility undergrounding district in the future. Exhibit "B" Page 2 110760.000000/542048.02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C?iaC�¢��¢ .�S �. ��C ���<�c�>{�N�..S; .«.�Nw`r-.�t�e s�:�C�C s C TR�:�¢ • > �q • C�C�C rC ^C�• �L� •/-a�C�C �C �C �C ��R c�`/: C�C�7, IV State of California ss. County of San 01'90 On -aimsbefore me, rncte Dale personally appeared 5 Name and Title of Officer (e.g., "Jane Doe, Notary Public") r hr)-5 lafOrn.aru :1 1 OFFICI 176 `74 h1'-', fICHELEERD1. NOTARY PUBLIC•CALIFORNIA ., V► 7 COMM. NO.1370184 `! ! - MY COMM. EXP. AUG.15, 2006 SAN DIEGO COUNTY 1 Place Notary Seal Above Name(s) of Signer(s) ❑ personally known to me X proved to me on the basis of satisfactory evidence to be the person whose name(S is/ye subscribed to th within instrument and acknowledged to me that he/sp(e/tty executed the same in his/h{r/tVir authorized capacity(ie), and that by .his/tr/tr signaturecil on the instrument the person, or the entity upon behalf of which the personf acted, executed the instrument. WITNESS my hand and official seal. r s Signatu a of Notary Public OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documentp� Title or Type of Document: (yrve'na1(* iu t COn Document Date: 7 - oI 1 —05 Number of Pages: COi1Gteil& n i' (.i m 7 un <rES Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here 5`er/.�vS�S:a„X'e-rx�C��:v'.��X'✓:��n+�y�✓".:�:'ei'.��.6�✓::�:��:w'✓.S`d: rr:�:`y.�4�+�.5v���i'rs�i..�'"✓� •�6�✓i�Lvy.�+ ."✓G�y'3�6�✓G�iJ� © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 9982 LE State of California County of `fin On —1— D —05 Date personally appeared , before me, CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Vl4 ;rc Crh.ts 2cip Printed Name(s) of Signer(5) personally known to me - or - proved to me on the basis of satisfactory evidence: ❑ form(s) of identification ❑ credible witness(es) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Printed Name of Notary Public iNin tale Comitingt 1* so WOO VesafilisiaptILIMI (Seal) WITNESS my hand and official seal. OPTIONAL INFORMATION Signature of Notary Public Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of CArmi nol" fb earlwct� �`or�0h�i n ium tt d containing -7 pages, and dated / - 2_./-0.9 The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner- Lirniled/General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Entity(ies) Signer Is Representing Additional information ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ other ,9031,0 IN m Copyright 2004 Notary Rotary, Inc 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 02/04. to re -order, call toll -free 1-8//-349-6588 0 it us on the Internet at http://www.thenotaryshop.com RESOLUTION NO. 2005 — 160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE FINAL SUBDIVISION MAP LOCATED AT 26TH STREET AND D AVENUE (CONVERSION OF RESIDENTIAL REAL PROPERTY TO CONDOMINIUM PROJECT; S-2004-4, CUP 2004-5) WHEREAS, at a regular meeting of the City Council held on January 18, 2005, the City Council adopted Resolution No. 2005-5, approving the tentative subdivision map for the property located at 26th Street and D Avenue generally described as: Being a subdivision of those portions of 20-acre Lot 1 and of 10-acre Lot 2 in quarter Section 152 of the Rancho De La Nacion in the City of National City, County of San Diego, State of California, according the Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby makes the following findings: 1. Each of the tenants of the proposed condominium project has received, pursuant to Government Code Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map, pursuant to Government Code Section 66452. 2. Each tenant and each person applying for the rental of a unit in such residential property has, or will have, received all applicable notices and rights now or hereafter required by Chapter 2 or by Chapter 3 of Division 2 of Title 7 of the Government Code. 3. Each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available upon request. 4. Each tenant of the proposed condominium project has been given written notification within 10 days of approval of the final map for the proposed conversion. Each tenant of the proposed condominium project has been, or will be given, 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. Resolution No. 2005 — 160 August 2, 2005 Page 2 6. Each tenant of the proposed condominium project has been, or will be given, notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not Tess than 90 days from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of his or her intention not to exercise the right. BE IT FURTHER RESOLVED by the City Council of the City of National City that the final subdivision map for the subject property at 26th Street and D Avenue is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 2" d day of August, 2005. Nick Inzunza, Mayor APPROVED AS TO FORM: George H. iser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 2, 2005, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Zarate. Nays: None. Absent: Inzunza Abstain: None. AUTHENTICATED BY: NICK INZUNZA City erk of the City ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-160 of the City of National City, California, passed and adopted by the Council of said City on August 2, 2005. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 11 AGENDA ITEM NO. "JTEM TITLE Resolution of the City Council of the City of National City to approve, accept, and record final subdivision map located at 26th Street and "D" Avenue (S-2004-4, CUP-2004-5 PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 1391 EXPLANATION H. View Residences, LLC, the owner of the subdivision, has submitted a final map for the property at 26th Street and "D" Avenue for the City Council approval, acceptance, and filing with the County Recorder. The final map consist of one parcel with 72 condos. The Planning Commission, on October 1.8, 2004, has reviewed and approved the tentative map. The City Council approved the tentative map by Resolution No. 2005-5 on January 1.8, 2005. The Engineering Department and Planning Department also have approved the final map There are no street dedications on this map. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Subdivision Map 26thd Resolution No. ) Cc?. " 6,0 A-200 (Rev. 7/03) RESOLUTION NO. 2005 —158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE FINAL SUBDIVISION MAP LOCATED AT 26TH STREET AND D AVENUE (CONVERSION OF RESIDENTIAL REAL PROPERTY TO CONDOMINIUM PROJECT; S-2004-4, CUP 2004-5) WHEREAS, at a regular meeting of the City Council held on January 18, 2005, the City Council adopted Resolution No. 2005-5, approving the tentative subdivision map for the property located at 26th Street and D Avenue generally described as: Being a subdivision of those portions of 20-acre Lot 1 and of 10-acre Lot 2 in quarter Section 152 of the Rancho De La Nacion in the City of National City, County of San Diego, State of California, according the Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby makes the following findings: 1. Each of the tenants of the proposed condominium project has received, pursuant to Government Code Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map, pursuant to Government Code Section 66452. 2. Each tenant and each person applying for the rental of a unit in such residential property has, or will have, received all applicable notices and rights now or hereafter required by Chapter 2 or by Chapter 3 of Division 2 of Title 7 of the Government Code. 3. Each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available upon request. 4. Each tenant of the proposed condominium project has been given written notification within 10 days of approval of the final map for the proposed conversion. 5. Each tenant of the proposed condominium project has been, or will be given, 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. Resolution No. 2005 —158 August 2, 2005 Page 2 6. Each tenant of the proposed condominium project has been, or will be given, notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not Tess than 90 days from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of his or her intention not to exercise the right. BE IT FURTHER RESOLVED by the City Council of the City of National City that the final subdivision map for the subject property at 26th Street and D Avenue is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney OWNER'S STATEMENT wE HEREBY STATE THAT WE ARE THE OWNERS OF 0R ARE INTERESTED IN THE UNIT SUBDIVIDED BY THIS MAP AND CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP CONSISTING OF 2 SHEETS, THIS I5 A CONDOMINIUM PROJECT AS DEFINED IN SECTION 1350 ET, 5E0. OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, CONTAINS A MAXIMUM OF 72 UNITS, AND IS FILED IN PURSUANT TO THE SUBDIVISION MAP ACT. H. NEW RESIDENCES, LLC. A CALIFORNA LIMITED LABILITY COMPANY BY PRIM NAME AND TITLE NORTH ISLAND FINANCIAL CREDIT UNION AS BENEFICIARY UNDER THAT CERTAIN DEED OF TRUST JULY 18, 2003 AS INSTRUMENT N0. 2003-0857990 OF OFFICIAL RECORDS PRINT NAME AND TITLE STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. ON THIS DAY OF 2005. BEFORE ME, A NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA, PERSONALLY APPEARED PERSONALLY KNDwN TO ME (OR APPROVED ON THIS BASIS OF SATISFACTORY EVI)ENCE) TO BE THE PERSON(S) WHOSE NAME(5) 15/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACIIT(IES). AND THAT BY HIS/HER/TRIER SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), 0R THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. SIGNATURE NOTARY PUBLIC IN AND FOR COUNTY AND STATE MY COMMISSION EXPIRES ON MY PRINCIPLE PLACE OF BUSINESS 6 IN SAN DIEGO COUNTY SLATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. ON THIS DAY OF 2005. BEFORE ME. A NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA, PERSONALLY APPEARED PERSONALLY KNOWN TO ME (DR APPROVED ON THIS BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(5) WHOSE NAME(5) 6/ARE 5U85CRIBEO TO 1HE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACIIY(IE5), AND THAT. BY HIS/HER/THIER SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. SIGNATURE_ NOTARYPUBLIC IN AND FOR COUNTY AND STATE MY COMMISSION EXPIRES ON MY PRINCIPLE PLACE OF BUSINESS 15 IN SAN DIEGO COUNTY ANTHONY-TAYLOR CONSULTANTS 21n1 731.080 i JN 03-2329 MAP NO 26TH AND D AVENUE -CASE NO. S-2004-4 IN THE CITY OF NATIONAL CITY FOR CONDOMINIUM PURPOSES BEING A SUBDIVISION OF PORTIONS OF 10- ACRE LOT I AND OF 10-ACRE LOT 2 IN QUARTER SECTION 152 OF THE RANCHO DE IA NACION N THE CITY OF NATIONAL CITY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING THE MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MAY 11, 1869. FOR COMPLETE METES AND BOUNDS LEGAL DESCRIPTION OF THE BOUNDARY OF THIS SUBDIVISION, SEE CERTIFIED TITLE COMPANY DESCRIPTION AND REPORT ON FILE IN THE OFFICE OF THE CITY ENGINEER SUBDIVISION GUARANTEE BY FIRST MIERICAN TITLE COMPANY ORDER NUMBER: DIV-1599321 (22) DATED CITY'S CLERK CERTIFICATE WE, NICK INZUN2A, MAYOR, AND MICHAEL R. DALIA. CITY CLERK, OF NATIONAL CITY, CALIFORNM, HEREBY CERTIFY THAT THE CITY COUNCIL HAS APPROVED THIS MAP ON_ BY RESOLUTION N0, BY: NICK INZUNZA DATE BY: MICHAEL R. (ALLA DATE SHEET 1 OF 2 SHEETS SURVEYOR'S STATEMENT I, RICHARD J. TANNER, A LICENSED LAND SURVEYOR OF THE STATE OF CAUfORNA, HEREBY STATE THAT THE SURVEY OF THIS SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECTION ON JUNE 07, 2004 AND SAD SURVEY 6 TRUE AND COMPLETE AS SHOWN, THAT MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET 2) RICKARD J. TANNER LS 5517 DATE UC. EXP. C9/30/06 CITY ENGINEER'S CERTIFICATE I. ROBERTO SAUCEDO. PUBLIC WORKS DIRECTOR OF NATIONAL CITY CALIFORNIA, HEREBY CERTIFY THAT I HAVE EXAMINED THE ANNEXED MAP OF THIS SUBONISION TO BE KNOWN AS 26TH AND D AVENUE CONSISTING OF 2 SHEETS AND DESCRIBED N THE CAPTION THEREOF, AND HAVE FOUND THAT THE DESIGN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THERETO: THAT ALL THE PROWSKINS OF THE SUBDMSION MAP ACT OF THE STATE OF CALIFORNIA AS AMENDED HAVE BEEN COMPLIED WITH AND OF ANY LOCAL ORDINANCE OF 5ND CITY APPLICABLE AT 1HE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH, AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT AND I HEREBY APPROVE THIS MAP. ROBERTO SAUCEDO PUBLIC WORKS DIRECTOR R.C.E. 29671 DATE TAX COLLECTOR'S CERTIFICATE 1. THOMAS J. PASNSZKA CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA. HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2, TITLE 7. OF THE GOVERNMENT CODE) OF THE STATE OF CALIFORNIA AS AMENDED, REGARDING (o.) DEPOSITS FOR TAXES AND (6.) CERTIFICATION OF THE ABSENCE OF LIENS FOR MEAD STATE, COUNTY. MUNICIPAL OR LOCAL TAXES EXCEPT THOSE NDT YET PAYABLE, HAVE BEEN COMPLIED WITH. THOMAS J. PASTUSZKA CLERK Of THE BOARDS OF SUPERVISORS 0EPU1Y DATE COUNTY RECORDER'S CERTIFICATE I GREGORY J. SMITH, RECORDER OF THE COUNTY OF SAFI DIEGO, STATE OP CALIFORNIA. CERTIFY THAT 1 HAVE ACCEPTED FOR RECORDATION THIS IMP FLED AT THE REQUEST OF RK.KARO J. TRAINER TH6 OAT OF ,2005. GREGORY J. SMITH COUNTY RECORDER BY: DEPUTY COUNTY RECORDER FEE:214.00 03-2324 'CASE NO. S-2004-4 LAMBERT COOROMIIE: 178-1737 MAP NO FD 3/4" IP NO TAG NO RECORD NOT ACCEPTE DETAIL '8' NOT TO SCALE N8T0.0935'95 :` r to 1111900 1 INCH = 60 FEET GRAPHIC SCALE mm .o 27, i� FOUND 4 PUNCH MARKS ON RIM SRN PER MAP 9665 & & PM 6264 ACCEPTED AS CL INTERSECTION FD 3/: IP RCE 6170 NO RECORD NOT ACCEPTED 57011 '211E 0.23' 40' W N72.04'25 24TH 275.19' FOUND 3/: IP MARKED RCE 6170 SEE ROS 11369 NOT ACCEPTED 535'02'43T 0.27' I DETAIL 'C• I. NOT 10 SCALE 2 26TH & D AVENUE FOU WELL PROCEDURE OF SURVEY PER MM 968E 24TH STREET STREET c1 NMI:4 '663.12 FOUND WELL MONUMENT PER MAP 9665 r-.- FOUND 4 NAILS ACCEPT I.00' TIES D AS CL INTERSECTION N72'04'25'E v 82.97' SEE DEtNL 'D PO 3/4' MP W/PLASTIC PLUG STAMPED RCE 12896 ASROS IN ON T ACCEPTED AS POINT ON THE ., NORTHEASTERLY LINE LV THE m Fi (i S I J (J G) OF THE SOUTHWESTERLY 1p`� 347.72 OF THE EASTERLY HALF OF 10 AC LOT I 8 o - \ V72.04'2A 2]A 1e. q - I\ \ , R TNT A SEE 0515L 'C` p p 5. PPI I I nerd -JO ACRE I (..,-C .I MAP Ni) IC a nry SUBDIVISION BOUNDARY SEE DETAIL 'B. LOT 1 N7204'2511 m LB99 ACRES125.00' g '8 0 i \) 1 AVENUE 590.0B' L. I.I W/PLA3/4'STICP ; V : PLUG STAMPED PER 12896 in i - I I y f0 ]/4" I.P. PER ROS 11359 m .74 REPLACED PER LEGEND i i 5 PER NP t: m m ow a0' MAP PER MAP 9665i REPLACED PER IEGEN 218.81' N� p N]9500 I 10 AC LOT 1 B�B,919T • 125.0 1` 10 AC LOT 2 ((N]0EB'19E 1 PER ROS 11369) ROS 220 F DFI.TI) I ,. (N7'58'18T N72'05'591E 5E12.81' 582.79' PER RCS 1369) D AVENUE p6+e5r ew 6600, • r 70 ac',:J� DDT ' RF111'HC) r L I i, ClAPEEEI TOWN HI')l`/IEL _m SUBDIVISION BOUNDARY PL) nJNl 70 ACR2 LOT 2 HA1'1C)-U DE LA _ 8 ;NA(ION P4/1P 156 8 n z 40' o NA,.:ANN , IP.F �C: 111 4 J(1 i Ar��7 Nm JO E)5 Ab j ,;ECT 101\I 1=:2 �i F o 1 n R 'n _1-r- ii z A P.; .I I ,J 2 0' FD L/D RCE a a. ��— PER 9665 218A2'-� N72'07'341 562.65' N72107'341 144.00' `b 220' 112.03' `�103.99' (101 00' PER 26TH STRFF c1_ ■ 112.00' PER) MAP 9665) POINT 6 PM 6264 N7207'31'E 662.61' (N711OO'00'E 662.621 ANTHONY-TAYLOR CONSULTANTS JN 03-2324 E'c5r 60)o. CA 8800 29 304 Enterprise 51. (662,55') 55 k8PL1 6264 ACCEPTED AS C RSECTION SEE DETAIL A' N7207'341 582.65' CL Aa.�•� N]707']1'E 662.6 26TH STREET DETAIL 'A' NOT TO SCALE N7204'25'W 662.99' N29'198'I3 0.3 N3r0602T FOUND L/0 RCE 19073 SEE ROS 13496 DETAIL •D' 8 < O NOT TO SCALE m N g m m 6 i FOUND L/D RCE 19073 PER C.R. 11014 FOUND PK NAIL PER MAP 9665 & P.N. 6264 ACCEPTED AS CL INTERSECTION BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP 15 THE CALIFORNIA COORDINATE SYSTEM (CCS) (20NE 6) OF THE NORTH AMERICAN DATUM OF 1983 (NAD 81) GRID BEARING BETWEEN 5TAT10N NO 1284. AND STATION NO 3278, OF THE CITY OF SAN DIEGO HORIZONTAL CONTROL NETWORK AS SAID VALUES ARE PUBLISHED IN RECORD OF SURVEY N0 14492 ON FILE WITH THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY IE 599'11'04'W QUOTED BEARINGS FROM REFERENCE MAPS/DEEDS, MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM ALL DISTANCES SHOWN ARE GROUND DISTANCE GRID DISTANCE. GROUND DISTANCE 2 COMBINED SCALE FACTOR THE COMBINED SCALE FACTOR O STATION 1284 IS 1.0000251 STAT1OR1284 CONVERGENCE ANGLE SHEET 2 OF 2 SHEETS LEGEND/ABBREVIATIONS O ____INDICATES SET 2'024' IRON PIPE WITH BRASS DISC MARRED LS 5517 ___FOUND WELL MONUMENT ____FOUND POINT AS NOTED. FOUND LEAD k DISC STAMPED • 'RCE 19073' () INDICATES RECORD DATA PER LAP 9665 OR AS NOTED OSET LEAD 4e DISC STAMPED LS 5517 (] INDICATES RECORD PER PARCEL MAP 6264 INDICATES SUBDIVISION BOUNDARY FD FOUND L/D LEAD WITH DISC CL CENTERLINE RW RIGHT OF WAY IP IRON PIPE PM PARCEL MAP R05 RECORD OF SURVEY CR CORNER RECORD CONE CONCRETE PL PROPERTY LINE PCL PARCEL AC 6CRES $891841, OP STATION 3276 N 11121438.43 E 6298573.46 POINT A lyt'91O?•111F NT (OR10) STATION 1284 11 1821473.47 E 6301034.58 03-2324 LAMBERT COO ' 178-1737