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2002-56277RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92924 JAN 2D, 2002 9:24 AP1 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GEGORY J. SMITH, COUNTY RECORDER FEES: 20.00 THIS SPACE FOR RECORDER'S USE ONLY CERTIFICATE OF COMPLIANCE (Section 66499.35 of the Government Code) NOT APPROVED FOR DEVELOPMENT IN COMPLIANGE: The Director of Community Development of the City of Encinitas has determined that the parcel of real property described below has been divided or has resulted from a division in compliance with the Subdivision Map Act and with the provisions of the City of Encinitas Municipal Code enacted pursuant to the Act. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant to the Act. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval. Section 30.16.010 of the City of Encinitas Municipal Code specifies a minimum lot size of 2-acres net and minimum lot dimensions of 110 feet in width and 150 feet in depth for the subject RR zone. This Certificate of Compliance applies to one parcel (Remainder Parcel of PM 18730). The parcel complies with the minimum lot size and dimension requirements and all applicable development regulations. The parcel described in this recorded document was created pursuant to the approval of a Tentative Parcel Map (Case No. 99-207 TPM/EIA) and all applicable conditions of approval specified in Resolution No. PC 2000-43 shall apply to the parcel. The parcel may not be further subdivided unless the zoning designation for the parcel is changed to permit parcels under 2-acres in net area. Owner/Applicant: Description: Plat Map: Mayo Family Trust (See Exhibit A, Attached) (See Exhibit B, Attached) NOTE: The description in Exhibit A and Plat Map in Exhibit B, attached, have been provided by the owner of the property, and neither the City of Encinitas nor any of its officers or employees assume responsibility for the accuracy of said description. This Certificate of Compliance shall in no way affect the requirements of any City, County, State, Federal or local agency that regulates development of real property. Case No: 01-212 CC and 99-207 TPM/EIA Date: January 15, 2002 Bill Weedman, City Planner SEPTEMBER 18, 2001 SDE 4431 Exhibit: A Page 1 of 3 LEGAL DESCRIPTION CITY OF ENCINITAS CERTIFICATE OF COMPLIANCE REMAINDER PARCEL PARCEL MAP NO. 18730 PARCEL C-1: PARCEL "REMAINDER" OF PARCEL MAP NO. 18730, IN CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 19, 2001, RESERVING THEREFROM A NON-EXCLUSIVE EASEMENTAND RIGHT-OF-WAY FOR PRIVATE ROAD AND UTILITY PURPOSES AND APPURTENANCES THERETO TO BE USED IN COMMON WITH OTHERS, TOGETHER WITH THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS THEREOF DESCRIBED IN PARCELS C-4 AND C-5 BELOW. PARCEL C-2: A NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY FOR PRIVATE ROAD PURPOSES AND APPURTENANCES THERETO TO BE USED IN COMMON WITH OTHERS, OVER, ALONG AND ACROSS WILDFLOWER DRIVE BEING A PORTION OF SAID MAP NO. 12882 SHOWN THEREON AS "EASEMENT FOR PUBLIC ROADWAY PURPOSES TOGETHER WITH THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT-OF-WAY DEDICATED AND ACCEPTED HEREON". A NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY FOR PRIVATE ROAD AND UTILITY PURPOSES AND APPURTENANCES THERETO TO BE USED IN COMMON WITH OTHERS, TOGETHER WITH THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF SAID SOUTHEAST QUARTER OF SECTION 8, DESCRIBED BELOW IN PARCELS C-3 THROUGH C-9 INCLUSIVE: PARCEL C-3: A STRIP OF LAND, 50.00 FEET IN WIDTH, THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF SAID CENTERLINE OF WILDFLOWER DRIVE WITH SAID SOUTHERLY LINE OF SAID MAP NO. 12882, SAID POINT LYING ON THE ARC OF A 350.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 78°26'42'' EAST; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID CURVE 38.56 FEET THROUGH A CENTRAL ANGLE OF 6°18'44"; THENCE SOUTH 17°52'02'' WEST, 16.24 FEET TO THE POINT OF TERMINUS, SAID POINT HEREINAFTER DESCRIBED AS POINT"X" OF THIS DESCRIPTION. PARCEL C-4: A STRIP OF LAND, 40.00 FEET IN WIDTH, THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREIN ABOVE DESCRIBED POINT"X", THENCE SOUTH 17052'02'' WEST, 235.26 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE 276.69 FEET THROUGH A CENTRAL ANGLE OF 52°50'40"; Remainder Parcel Parcel Map No. 18730 Page - 1 - Exhibit A Page 2 of 3 THENCE SOUTH 34°58'38" EAST, 435.56 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT "Y" OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 34°58'38'' EAST, 54.99 FEET; THENCE SOUTH 67"40'35" WEST, 26.44 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 46.35 FEET THROUGH A CENTRAL ANGLE OF 8°51 '11 "; THENCE SOUTH 76°31 '46" WEST, 147.23 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 79.19 FEET THROUGH A CENTRAL ANGLE OF 15°07'27"; THENCE NORTH 88°20'47'' WEST, 317.86 FEET TO THE EASTERLY LINE OF SAID SOUTHERLY 624.00 FEET OF THE WESTERLY 838.00 FEET THE SOUTHEAST QUARTER. THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY ON SAID EASTERLY LINE OF THE SOUTHERLY 624.00 FEET OF THE WESTERLY 838.00 FEET THE SOUTHEAST QUARTER. PARCEL C-5: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "Y; THENCE NORTH 55°01'22" EAST, 20.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 55°01'22" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL ANGLE OF 53°58'05" TO THE BEGINNING OF A REVERSE 48.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID 177.53 FEET THROUGH A CENTRAL ANGLE OF 211°54'40'' TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 17.56 FEET THROUGH A CENTRAL ANGLE OF 50°19'09'' TO THE SOUTHERLY LINE OF PARCEL C-4 ABOVE; THENCE NORTH 24°56'51'' WEST, 40.41 FEET TO A POINT LYING ON THE NORTHERLY LINE OF PARCEL C-4 ABOVE, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE THROUGH BEARS SOUTH 16° 15'39" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 20.42 FEET THROUGH A CENTRAL ANGLE OF 58°30'02'' TO THE BEGINNING OF A REVERSE 48.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 3.14 FEET THROUGH A CENTRAL ANGLE OF 3°45'08'' TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL ANGLE OF 53°58'05"; THENCE NORTH 55°01 '22" EAST, 20.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL 0-4. PARCEL C-6: A STRIP OF LAND, 40.00 FEET IN WIDTH, THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "X", THENCE SOUTH 72°07'58'' EAST, 144.98 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 72.13 FEET THROUGH A CENTRAL ANGLE OF 10019'54'' TO THE BEGINNING OF A REVERSE 430.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 371.33 FEET THROUGH A CENTRAL ANGLE OF 49°28'43"; TO THE BEGINNING OF A REVERSE 300.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 132.27 FEET THROUGH A CENTRAL ANGLE OF 25° 15'45"; THENCE SOUTH 58°14'54'' EAST, 172.29 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT "Z" OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 58°14'54" EAST, 40.32 FEET; THENCE SOUTH 1°57'55'' WEST, 161.38 FEET TO THE BEGINNING OF A TANGENT 120.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 218.64 FEET THROUGH A CENTRAL ANGLE OF 104"23'32"; THENCE NORTH 77°34'23'' EAST, 64.18 FEET TO A POINT ON THE WESTERLY LINE OF THE SOUTHERLY 767.55 FEET (MEASURED ALONG THE EASTERLY LINE) OF Remainder Parcel Parcel Map No. 18730 Page -2- Exhibit A Page 3 of 3 THE EASTERLY 650.00 FEET (MEASURED ALONG THE SOUTHERLY LINE) OF SAID SOUTHEAST QUARTER DISTANT THEREON SOUTH 1°40'36" WEST, 20.62 FEET FROM THE NORTHWESTERLY CORNER THEREOF. THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE EASTERLY ON SAID WESTERLY LINE OF THE SOUTHERLY 767.55 FEET OF THE EASTERLY 650.00 FEET OF SAID SOUTHEAST QUARTER. PARCEL C-7: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "Z"; THENCE NORTH 31"45'06" EAST, 20.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 31"45'06" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL ANGLE OF 53°58'05'' TO THE BEGINNING OF A REVERSE 48.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE 151.25 FEET THROUGH A CENTRAL ANGLE OF 180"32'18" TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 23.16 FEET THROUGH A CENTRAL ANGLE OF 66°21 '24" TO THE EASTERLY LINE OF PARCEL C-6 ABOVE; THENCE NORTH 62°12'52'' WEST, 44.44 FEET TO THE WESTERLY LINE OF PARCEL C-6 ABOVE, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88°02'05'' EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 13.67 FEET THROUGH A CENTRAL ANGLE OF 39"09'22" TO THE BEGINNING OF A REVERSE 48.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 27.57 FEET THROUGH A CENTRAL ANGLE OF 32°54'39'' TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL ANGLE OF 53"58'05"; THENCE NORTH 31 °45'06" EAST, 20.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL C-6. PARCEL C-8: THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL C-3 AND NORTHERLY OF THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL C-6 AND SOUTHWESTERLY OF THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND TANGENT TO SAID EASTERLY LINE OF PARCEL C-3 AND SAID NORTHERLY LINE OF PARCEL C-6. PARCEL C-9: THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL C-4 AND SOUTHERLY OF THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL C-6 AND NORTHWESTERLY OF THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND TANGENT TO SAID EASTERLY LINE OF PARCEL C-4 AND SAID SOUTHERLY LINE OF PARCEL C-6. EXCEPTING FROM THE HEREINABOVE DESCRIBED PARCELS C-3 THROUGH C-9 INCLUSIVE THOSE PORTIONS LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL C-1. Remainder Parcel Parcel Map No. 18730 Page -3- Exhibit B CERTIFICATE OF COMPLIANCE PLAT PARCEL 3 155.6 PARCEL MAP 18730 "REMAINDER PARCEL" PORTION OF APN 264-091-59 2.214 Ac. GROSS 2.192 Ac. NB' N89'55'44"W ...... PARCEL 4 t VICI~IIY MA~ NOT-TO-SCALE (1995 THOMAS BRO. PAGE NO. 114.8, C-5) U:I DATA/SURVEY/44.31SURV%DWG%PLAT% 4431PLT1 .dwg 9-19-01 11:40:39 em SCALE: 1" = 80' 0 80 160 SCALE IN FEET SDE 4431