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HomeMy WebLinkAboutHernandez, Luis and Evelia; 2006-12-20;RECORDING REQUESTED BY: City of Carlsbad AND WHEN RECORDED MAIL TO: City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 DQC# 2006-0901988 DEC 20, 2006 3:13 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREG 0 RY ,l. S MIT H. CO U N TY RECORDER FEES: 0.00 PAGES: 5 DA: 1 \ 12873 2006-0901988 REQUEST FOR NOTICE Title Order No. 507341-5 A.P.N. 221-830-02-00 Space above this line for Recorder's use Escrow No.: 507341LS In accordance with Civil Code, section 2924b, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deed of Trust recorded as Instrument No. 2001-0728604 on 10/05/01 . in Book N/A , Page N/A , of Official Records in the County Recorder's Office of San Diego County, California, executed by LUIS AND EVELIA HERNANDEZ as Trustor in which DRH MORTGAGE. LLC is named as Beneficiary, and WELLS FARGO HOME LOAN, as Trustee, be mailed to: City of Carlsbad. City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad. California 92008 > NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. Dated: November 29, 2006 LISA HILDABRAND ASSISTANT CITY MANAGER STATE OF CALIFORNIA } ss COUNTY OF SAN DIEGO 1 on Dtofiprrbgr 6 before me VCIO.. NOTARY PUBLIC Personally appeared. personally known to me (o^proued te mo on the basis of satiafoctory evidence^ to be the persontej whose name($ is/ajs subscribed to the within instrument and acknowledged to me that he/she/they executed the same. in bis/her/their authorized capacity(jj&§£ and that by hfe/her/their signatureta^on the instrument the person(3^or the entity upon behalf of which the personj^Tacted, executed the instrument. WITNESS my..hand and official seal. Signature ASA Form #018 L CHE8C6NH I OommMon # '661400 | Notoy PuMc - ColHofrto ? Son Otogo County { MyComm.ExpiieeMcv24.2010y O PHASE 1 (FOR UNITS 93-111) 12874 EXHIBIT "A" A CONDOMINIUM COMPOSED OF: PARCEL!: . '. . .. AN UNDIVIDED FRACTIONAL INTEREST AS TENANT IN COMMON IN AND TO THE BUILDING ENVELOPE IN WHICH THE LIVING UNIT DESCRIBED IN PARCEL 2 BELOW IS LOCATED EQUAL TO THE RECIPROCAL OF THE NUMBER OF LIVING UNITS WITHIN THAT BUILDING ENVELOPE; BEING A PORTION OF LOT 2 OF CITY OF CARLSBAD TRACT 98-15 RANCHO CARRILLO VILLAGE "B", ACCORDING TO MAP THEREOF NO. 14002, FILED WITH THE COUNTY RECORDER OF SAN* DlEGO COUNTY, CALIFORNIA ON JULY 18,2000. EXCEPTING THEREFROM EACH LIVING UNIT LOCATED WITHIN SUCH BUILDING ENVELOPE, AS SHOWN ON THE CONDOMINIUM PLANS DESCRIBED IN PARCEL 2 BELOW; RESERVING THEREFROM THE EXCLUSIVE RIGHT TO POSSESSION AND USE OF ANY EXCLUSIVE USE AREA SHOWN ON CONDOMINIUM PLAN DESCRIBED IN PARCEL 2 BELOW. : FURTHER RESERVING THEREFROM ALL THE RIGHTS AND EASEMENTS SET FORTH IN THE DECLARATION OF RESTRICTIONS FOR SERRANO AT RANCHO CARRILLO (THE "DECLARATION") AND THE MASTER DECLARATION OF RESTRICTIONS FOR RANCHO CARRILLO (THE "MASTER DECLARATION") (SUCH DECLARATIONS ARE DESCRIBED BELOW), INCLUDING, BUT NOT LIMITED TO, THE EASEMENTS FOR INGRESS, EGRESS AND GENERAL UTILITY PURPOSES AND GRANTOR'S RIGHTS AND EASEMENTS TO CONSTRUCT AND MARKET RESIDENCES AND CONSTRUCT RELATED IMPROVEMENTS. PARCEL 2: LIVING UNIT NO. \\JV. AS SHOWN UPON THE SERRANO CONDOMINIUM PLANS (LOT 2 OlF CT 98-15) RECORDED DECEMBER 6, 2000 AS DOCUMENT NO. 2000-0663283 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA (THE "CONDOMINIUM PLANS"). RESERVING FROM PARCEL 2, ALL RIGHTS AND EASEMENTS FOR SET FORTH IN THE DECLARATION AND THE MASTER DECLARATION. PARCEL 3: NON-EXCLUSIVE APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY NOW OR HEREAFTER OWNED BY THE ASSOCIATION AS SET FORTH IN THE DECLARATION. "ASSOCIATION PROPERTY" IS DEFINED IN THE DECLARATION; "ASSOCIATION" IS DEFINED BELOW. O PHASE 7 (FOR UNITS 93-111) 12875 PARCEL 4: '..;. ..:..... : A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS AND EGRESS AND DRIVEWAY PURPOSES AND FOR THE USE OF PRIVATE STORM DRAINS OVER, UNDER, ALONG, ACROSS AND THROUGH THAT PORTION OF LOT 207 OF CARLSBAD TRACT 97-02 RANCHO CARRILLO VILLAGES "A'-D", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13582, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 10,1998, DESCRIBED ON EXHIBIT "1" ATTACHED TO THIS EXHIBIT "A". PARCEL 5: THE EXCLUSIVE RIGHT TO USE ANY EXCLUSIVE USE AREA SHOWN ON THE CONDOMINIUM PLANS AS BEING APPURTENANT TO THE LIVING UNIT DESCRIBED IN PARCEL 2 ABOVE. PARCEL 6: A CLASS A MEMBERSHIP IN SERRANO AT RANCHO CARRILLO ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION ("ASSOCIATION"). THIS DEED IS MADE AND ACCEPTED UPON ALL ITEMS OF RECORD, INCLUDING THE EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS SET FORTH IN THE DECLARATION OF RESTRICTIONS FOR SERRANO AT RANCHO CARRILLO RECORDED OCTOBER 5, 2000 AS DOCUMENT NO. 2000-0534957 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA AND THE MASTER DECLARATION OF RESTRICTIONS FOR RANCHO CARRILLO RECORDED ON JUNE 17, 1998 AS DOCUMENT NO. 1998-0369115 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, AND ANY AMENDMENTS TO SUCH DECLARATIONS NOW OF RECORD OR LATER RECORDED ALL OF WHICH ARE INCORPORATED IN THIS DEED. O PHASE 7 (FOR UNITS 93-111) 12876 EXHIBIT"!" A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS AND EGRESS AND DRIVEWAY PURPOSES AND FOR THE USE OF PRIVATE STORM DRAINS OVER, UNDER, ALONG, ACROSS AND THROUGH THAT PORTION OF LOT 207 OF CARLSBAD TRACT 97-02 (RANCHO CARRILLO VILLAGES "A-D"), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13582, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 10, 1998 AS FILE NO. 1998-0352224 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAH) LOT 207; THENCE ALONG THE EASTERLY AND SOUTHERLY PROPERTY LINES THEREOF, THE FOLLOWING COURSES: SOUTH 22°16'38":WEST 53.04 FEET; THENCE SOUTH 24°20'16" WEST 50.74 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A NON-TANGENT 58.50 FOOT RADHJS CURVE CONCAVE NORTHWESTERLY, TO WHICH A RADIAL LINE BEARS NORTH 87°54'36" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAH) CURVE THROUGH A CENTRAL ANGLE OF 35°27'52" A DISTANCE OF 36.21 FEET; THENCE SOUTH 33°23'24" WEST 230.96 FEET TO THE BEGINNING OF A NON-TANGENT 22.50 FOOT RADIUS CURVE CONCAVE EASTERLY, TO WHICH A RADIAL LINE BEARS NORTH 56°34'59" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°20'15" A DISTANCE OF 32.33 FEET; THENCE SOUTH 48°55'15" EAST 23.42 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°22'29" A DISTANCE OF 4.14 FEET; THENCE SOUTH 51°17'44" EAST 54.80 FEET TO THE BEGINNING OF A NON-TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, TO WHICH A RADIAL LINE BEARS NORTH 38°42'14" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°33'30" A DISTANCE OF 9.70 FEET; THENCE SOUTH 45°44'15" EAST 51.08 FEET TO THE BEGINNING OF A NON- TANGENT 48.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, TO WHICH A RADIAL LINE BEARS NORTH 06°17'12" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SATO CURVE THROUGH A CENTRAL ANGLE OF 72°39'49" A DISTANCE OF 60.87 FEET; THENCE SOUTH 23°37'23" EAST 50.00 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°57'12" A DISTANCE OF 18.78 FEET; THENCE SOUTH 54°25'25" WEST 10.00 FEET; THENCE SOUTH 53°07'09" WEST 58.01 FEET TO THE BEGINNING OF A NON-TANGENT 90.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, TO WHICH A RADIAL LINE BEARS NORTH 53°56'42" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°25'56" A DISTANCE OF 19.53 FEET; THENCE NORTH 48°29'14" WEST 50.00 FEET TO THE BEGINNING OF A TANGENT 48.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°55'59" A DISTANCE OF 38.48 FEET; THENCE NORTH 45°44'15" WEST 58.34 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°04'27" A DISTANCE OF 3.62 FEET; THENCE NORTH 43°39'48" WEST 51.89 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°15'25" A DISTANCE OF 9.18 FEET; THENCE NORTH 48°55'14" WEST 48.27 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF O PHASE 7. (FOR UNITS 93-111) SAID CURVE THROUGH A CENTRAL ANGLE OF 07°13'51" A DISTANCE OF 6.31 FEET TO THE BEGINNING OF A REVERSE 38.50 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 118°28'45" A DISTANCE OF 79.61 FEET; THENCE LEAVING SATO PROPERTY LINE OF LOT 207 SOUTH 27°40'20" EAST 7.00 FEET TO THE BEGINNING OF A NON-TANGENT 31.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, TO WHICH A RADIAL LINE BEARS NORTH 27°40'20" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°18'04" A DISTANCE OF 11.71 FEET TO THE BEGINNING OF A REVERSE 25.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SATO CURVE THROUGH A CENTRAL ANGLE OF 50°15'17" A DISTANCE OF 21.93 FEET; THENCE NORTH 33°22'27" EAST 254.69 FEET; THENCE SOUTH 65°39'44" EAST 21.92 FEET TO THE TRUE POINT OF BEGINNING.