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2001-75895Z.L O.L-O0 389 When Recorded Mail To And Recording Requested By: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 FEB 09, 2001 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GEGORY J. SMITH, COUNTY RECORDER FEES: 55.00 SPACE ABOVE FOR RECORDER'S USE NOT APPROVED FOR DEVELOPMENT 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. The parcels 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 2.0 acres, and minimum lot dimensions of 150 feet in depth and 110 feet in width for the subject RR (Rural Residential) zone. This Certificate of Compliance applies to one parcel, the Remainder Parcel of Parcel Map 18461. The subject lot, which has less area than the required minimum, was created by lot averaging in compliance with Municipal Code Section 30.16.020A, and may not be further subdivided. Owner/Applicant: Description: Plat Map: Jesse R. Oakley (See Exhibit "A", attached) (See Exhibit"B", attached) NOTE: The descriptions in Exhibit "A" and Plats 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 any responsibility for the accuracy of said descriptions or Plats. 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: 98-139 TPM (see DCD 99-07 on file in the Community Development Department) Assessor Parcel Number: 264-091-68 Date: February 5, 2001 Bill W'e~dm~n, City Planner CD/KK/fi\00-279cc.doc Exhibit "A" SDE 4460 November 14, 2000 FILE: ...4460surv\ legals\RMDRPRCL.doc LEGAL DESCRIPTION REMAINDER PARCEL CERTIFICATE OF COMPLIANCE PARCEL MAP NO. 18461 APN 264-019-68 PARCEL B-1: PARCEL "REMAINDER" OF PARCEL MAP NO. 18461, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24, 2000. RESERVING THEREFROM AN EASEMENT FOR INGRESS AND EGRESS AND FOR PRIVATE ROAD AND UTILITY PURPOSES AND APPURTENANCES THERETO OVER, UNDER ALONG AND ACROSS THAT PORTION OF SAID PARCEL "REMAINDER" OF PARCEL MAP NO. 18461, SHOWN AND DESIGNATED THEREON AS "PROPOSED 40' PRIVATE ROAD AND UTILITY EASEMENT (WILDFLOWER DRIVE - PRIVATE STREET)" AND AN EASEMENT FOR PRIVATE DRAINAGE PURPOSES AND APPURTENANCES THERETO OVER, UNDER, ALONG, AND ACROSS THAT PORTION OF SAID "REMAINDER" PARCEL OF PARCEL MAP NO. 18461 SHOWN AND DESIGNATED THEREON AS "PROPOSED PRIVATE DRAINAGE EASEMENT". PARCEL B-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 B-3 THROUGH B-9 INCLUSIVE: PARCEL B-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 17052'02'' WEST, 16.24 FEET TO THE POINT OF TERMINUS, SAID POINT HEREINAFTER DESCRIBED AS POINT "X" OF THIS 1 OF3 DESCRIPTION. PARCEL B-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 52050'40"; THENCE SOUTH 34058'38'' EAST, 435.56 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT "Y" OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 34058'38'' EAST, 54.99 FEET; THENCE SOUTH 67040'35'' 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 76031 '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 15007'27"; THENCE NORTH 88020'47'' 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 B-5: BEGINNING AT THE HEREIN ABOVE 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 53058'05'' 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 50019'09'' TO THE SOUTHERLY LINE OF PARCEL B-4 ABOVE; THENCE NORTH 24%6'51" WEST, 40.41 FEET TO A POINT LYING ON THE NORTHERLY LINE OF PARCEL B-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 58030'02'' 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 3045'08'' 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 HEREIN ABOVE DESCRIBED PARCEL B-4. PARCEL B-6: 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 72007'58'' 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 10°19'54" 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 49028'43"; TO THE BEGINNING OF A REVERSE 300.00 FOOT RADIUS CURVE 20F3 CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 132.27 FEET THROUGH A CENTRAL ANGLE OF 25o15'45"; THENCE SOUTH 58014'54'' 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 l°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 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 B-7: BEGINNING AT THE HEREIN ABOVE 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 B-6 ABOVE; THENCE NORTH 62°12'52'' WEST, 44.44 FEET TO THE WESTERLY LINE OF PARCEL B-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 39009'22'' 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 HEREIN ABOVE DESCRIBED PARCEL B-6. PARCEL B-8: THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF THE HEREIN ABOVE DESCRIBED PARCEL B-3 AND NORTHERLY OF THE NORTHERLY LINE OF THE HEREIN ABOVE DESCRIBED PARCEL B-6 AND SOUTHWESTERLY OF THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND TANGENT TO SAID EASTERLY LINE OF PARCEL B-3 AND SAID NORTHERLY LINE OF PARCEL B-6. PARCEL B-9: THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF THE HEREIN ABOVE DESCRIBED PARCEL B-4 AND SOUTHERLY OF THE SOUTHERLY LINE OF THE HEREIN ABOVE DESCRIBED PARCEL B-6 AND NORTHWESTERLY OF THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND TANGENT TO SAID EASTERLY LINE OF PARCEL B-4 AND SAID SOUTHERLY LINE OF PARCEL B-6. EXCEPTING FROM THE HEREIN ABOVE DESCRIBED PARCELS B-3 THROUGH B-9 INCLUSIVE THOSE PORTIONS LYING WITHIN THE HEREIN ABOVE DESCRIBED PARCEL B-1. 3OF3 PARCEL 20' 20' 40' 10' PROPOSED PRIVATE DRAINAGE EASEMENT PER PM 184.61 PARCEL MAP 18461 "REMAINDER PARCEL" APN 264-091-68 PARCEL SCALE 1" = 60' U: 1 DATA DWG 11/1 PROPOSED 40' PRIVATE ROAD EASEMENT PER PM t84.61 SITE SDE 4460