1997-215455RECORDING REQUESTED BY AND MAIL TO:
City of Encinitas, 505 So. Vulcan Avenue
Encinitas, Ca. 92024
Attn: City Clerk 1 '~ 2 t[
09-'~AY-1997 09:31
OFFICIAL ~ECO~O$
SAH OIE~O COUNTY RECOROER'$ OFFICE
RnRE~ORY~ SMITH, COUNTY RECOROER
: 13.00 FEES: 31.00
AF: 17.00
MF: 1.00
NOTAPPROVEDFORDEVELOPMENT
CERTIFICATE OF COMPLIANCE
(Section 66499.35 of the Government Code)
IN COMPLIANCE:
The Director of Community Development of the City of Encinitas has determined that the
parcels of real property described below have been divided or have resulted from a division in
compliance with the Subdivision Map Act and with provisions of the City of Encinitas
Municipal Code.
It has been determined that the subject parcels meet the standards of conforming lots, pursuant
to Section 30.16.010 of the City of Encinitas Municipal Code. This Certificate of Compliance
is adjusting the two existing legal lots described herein. The resulting parcels "A" and "C"
will be standard for the Zoning Ordinance requirements for NET area (14,500 sq. ft.) in the R-
3 Use Regulations as of this date. The adjustment proposes lots with the following net areas:
Parcel "A" - 34.127 acres, and Parcel "C" - 1.145 acres. This Certificate also recognizes Parcel
"B", as per Exhibit "B", at 6.105 acres, which includes a 12 ft. strip of land on the easterly
edge of Parcel "B" shown in document 1996-0230061, of record in the office of the San Diego
County Recorder.
Owners:
Barratt American, Terraces at Via Cantebria HOA
Description: (SEE EXHIBIT "A", ATTACHED)
Plat Map: (SEE EXHIBIT "B", ATTACHED)
NOTE:
The description and plat map in exhibits "A" and "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 and map.
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.
jk\f\cc-barat.doc (4-23-97)
This certificate relates only to issues of compliance or noncompliance with the Subdivision
Map Act and local ordinances enacted pursuant thereto. The parcels described herein may be
sold, leased, or financed without further compliance with the Subdivision Map Act or any local
ordinance enacted pursuant thereto. Development of the parcel may require issuance of a
permit or permits, or other grant or grants of approval.
Case No: 97-027 BA
Assessor's Parcel Nos: 257-030-45,257-371-34
Date: April 23, 1997.
BILL WEEDMAN, CITY PLANNER
jk\f\cc-barat.doc (4-23-97)
EXHIBIT "A"
LEGAL DESCRIPTION
1726
PARCEL "A"
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
TOGETHER WITH THAT PORTION OF LOT 147 OF MAP NO. 9780 IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER THE MAP RECORDED
AS FILE NO. 80-281490 OF OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF
THE LAND DESCRIBED IN THE DOCUMENT RECORDED MAY 5,1996, AS FILE NO. 1996-
0230061 OF OFFICIAL RECORDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LAND DESCRIBED IN FILE NO.
1996-0230061 OF SAID OFFICIAL RECORDS, SAID LAND BEING A PORTION OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG THE
NORTHERLY LINE OF SAID LAND SOUTH 89°39'33'' EAST, 12.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT 147; THENCE CONTINUING ALONG THE NORTH
LINE OF SAID LOT 147, SOUTH 89039'33'' EAST, 131.21 FEET TO THE WESTERLY RIGHT-
OF-WAY LINE OF THAT CERTAIN 84.00 FOOT WIDE STREET KNOWN AS VIA CANTEBRIA;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 8°35'35'' EAST, 135.89
FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 89045'54" WEST, 116.91
FEET; THENCE SOUTH 12°56'10'' WEST, 182.03 FEET TO A POINT IN THE WESTERLY
BOUNDARY OF SAID LOT 147; SAID POINT ALSO BEING ON THE EASTERLY LINE OF THE
LAND DESCRIBED IN SAID FILE NO. 1996-0230061; THENCE ALONG SAID EASTERLY
LINE, SAID EASTERLY LINE ALSO BEING THE WESTERLY LINE OF SAID MAP NO. 9780
AND THE WESTERLY LINE OF MAP NO. 10140 PER THE MAP RECORDED JULY 8,1981,
AS FILE NO. 81-215074 OF SAID OFFICIAL RECORDS, SOUTH 1°07'45'' WEST, 579.40
FEET TO THE EASTERLY PROLOGATION OF THE NORTHERLY LINE OF THE
PAGE 1 OF 4
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SOUTHERLY 396 FEET OF THE EASTERLY 660 FEET , MEASURED AT RIGHT ANGLES,
TO THE EASTERLY AND SOUTHERLY LINES OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 11; THENCE ALONG SAID NORTHERLY LINE
AND ITS EASTERLY PROLONGATION NORTH 88°59'14'' WEST, 672.00 FEET TO THE
WESTERLY LINE OF SAID SOUTHERLY 396 FEET OF THE EASTERLY 660 FEET OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE
ALONG SAID WESTERLY LINE SOUTH l°07'45'' WEST 396.00 FEET TO THE SOUTHERLY
LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11;
THENCE ALONG SAID SOUTHERLY LINE NORTH 88°59'14'' WEST, 657.23 FEET TO THE
SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 11; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11 NORTH 2°11'01'' EAST,
1311.56 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG THE NORTHERLY LINE OF
SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11; SOUTH
89o12'53'' EAST, 1293.11 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG THE
EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 11 SOUTH l°07'45'' WEST, 29.01 FEET TO THE POINT OF BEGINNING..
CONTAINING 34.127 ACRES, MORE OR LESS.
PARCEL "B"
THE SOUTHERLY 396 FEET OF THE EASTERLY 660 FEET, MEASURED AT RIGHT
ANGLES, TO THE EASTERLY AND SOUTHERLY LINES OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, TOGETHER WITH THAT PORTION OF THE LAND
DESCRIBED IN THE DOCUMENT RECORDED MAY 5, 1996, AS FILE NO. 1996-0230061 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, BOTH IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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WO 061-297 4/16/97
PAGE 2 OF 4
1728
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LAND DESCRIBED
IN SAID FILE NO. 1996-0230061 OF OFFICIAL RECORDS WITH THE EASTERLY
PROLONGATION OF THE NORTHERLY LINE OF SAID SOUTHERLY 396 FEET OF THE
EASTERLY 660 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 11; THENCE ALONG SAID NORTHERLY LINE AND ITS EASTERLY
PROLONGATION NORTH 88°59'14" WEST, 672.00 FEET TO THE WESTERLY LINE OF SAID
SOUTHERLY 396 FEET OF THE EASTERLY 660 FEET OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG SAID WESTERLY LINE
SOUTH l°07'45'' WEST, 396.00 FEET TO THE SOUTHERLY LINE OF SAID SOUTHERLY 396
FEET OF THE EASTERLY 660 FEET OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG SAID SOUTHERLY LINE
SOUTH 88°59'14" EAST, 660.00 FEET TO THE EASTERLY LINE OF SAID SOUTHERLY 396
FEET OF THE EASTERLY 660 FEET OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG SAID EASTERLY LINE NORTH
l°07'45'' EAST, 14.02 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN
SAID FILE NO. 1996-0230061; THENCE LEAVING SAID EASTERLY LINE AND ALONG THE
SOUTHERLY LINE OF SAID LAND DESCRIBED IN SAID FILE NO. 1996-0230061 SOUTH
89o07'47 "EAST, 12.00 FEET TO THE SOUTHEAST CORNER OF SAID LAND DESCRIBED
IN FILE NO. 1996-0230061; THENCE ALONG THE EASTERLY LINE OF SAID LAND
DESCRIBED IN FILE NO. 1996-0230061 NORTH l°07'45'' EAST, 381.95 FEET TO THE
POINT OF BEGINNING.
CONTAINING 6.105 ACRES, MORE OR LESS.
PARCEL "C"
LOT 147 OF MAP NO. 9780 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, PER THE MAP RECORDED SEPTEMBER 2, 1980, AS FILE NO. 80-281490
OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY,
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 147 DESCRIBED AS FOLLOWS:
:JG M:\Legals\0061 \LLALEG.doc
WO 061-297 4/16/97
PAGE 3 OF 4
1729
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 147; THENCE ALONG THE
NORTHERLY LINE OF SAID LOT, SOUTH 89°39'33" EAST, 131.21 FEET TO THE
WESTERLY RIGHT-OF-WAY LINE OF THAT CERTAIN 84.00 FOOT WIDE STREET KNOWN
AS VIA CANTEBRIA; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH
8°35'35'' EAST, 135.89 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH
89°45'54'' WEST, 116.91 FEET; THENCE SOUTH 12°56'10'' WEST, 182.03 FEET TO A POINT
IN THE WESTERLY LINE OF SAID LOT 147; THENCE ALONG SAID WESTERLY LINE
NORTH 1°07'45'' EAST, 312.14 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.145 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
JOHN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
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PAGE 4 OF 4
EXHIBIT "B ':
BOUNDARY ADJUSTMENT PLAT MAP
SH~2100F 3
LEGEND:
PROPOSED LOT LINE
EXISTING LOT LINE
ASSESSOR'S PARCEL NUMBERS ~ OWNERS
LOT 147 APN 257-037-34
OWNER: THE TERRACES AT CANTEBRIA HOA
FILE NO, ~996-0230061 APN 257-030-65
OWNER: BARRATT AMERICAN INCORPORATED
SW t/4 OF SW 1/4 OF SECTION 1t, T.13 S.,
R.4 W., S.B.M. APN 257-030-045 ~ 046
OWNER: ELMOND G. AND HELEN E. THORNTON
SOUTHERLY 396' OF EASTERLY 660' OF
SW 1/4 OF SW 1/4 OF SECTION tl, T t3 S.
R 4 W, S.B.M. APN 257-030-0!9
OWNER: THORNTON'S WHOLESALE FLORISTS,
A CALIFORNIA CORPORATION
N 89'12'53"N t293.t'1'
D A O¢~l:l "A"
34. 127 AC.
P.O.B. ~ ,~1~
PCL. B
N 88'59'~4"W 672.00' ~/
~o.oo'
~1o r~nbEL ~ ~11~
kl~ ~. ~o5 Ac. ~:1~
'~-~ s-LY ~9~' OF E'LY ~60'
Zl sw ~/4 sw ~/4 SEC
I T ~3SR4WSB. ~ Ill/ /
N 88'59'J4'~ J317,23'
N 8._q' 07' 47"W
0
SHEET 3 OF LLA - J6iO[O, SgO]PF: 06i297 13005 i6-Apr-97 0i: 53 PH / 06i-297-1
ILl
EXHIBIT "B"
BOUNDARY ADJUSTMENT PLAT MAP
SEE SHEET 2
OF M~P NO. :I0t40
14'02"~~ 1
N 89'07'47"~ ""LY BDRY OF FILE NO 79-24§2B3,
4~1 ~t~ ' I I~1 · · ·
42'
OoR.
SHEET 3 OF 3
1732
SEE SHEET I FOR ASSESSOR'S PARCEL NUMBERS, OWNERS AND LEGEND.
SHEET 2 OF LLA EXHiBiT - i6i0[0.590]PF: 061297 13004 i6-Apr-97 0i:45 PM / 06i-297-i