2001-109191RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92924
Attn: Jennifer Coon
7321
DOC g 2001-010919i
FEB 27, 2OO1 1:O5 PM
OFFICI[ REGORI)S
DIEGO COUNTY REfl]~DER'8 OFFICE
6RE[tlRY J. SMITH, I]I/NTY RECORDER
FEES: 16.00
THIS
2001-0109191
CERTIFICATE OF COMPLIANCE
(Section 66499.35 of the Government Code)
NOT APPROVED FOR DEVELOPMENT
IN COMPLIANCE:
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 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 21,500 square feet,
and minimum lot dimensions of 100 feet in width and 150 feet in depth for the subject RR-2 zone. This
Certificate of Compliance applies to one legal lot (APN 259-130-24). The lot is in compliance with the
minimum lot dimension requirements. However, the lot does not conform to the minimum lot size requirement.
The lot was legally created prior to the imposition of the current zoning regulation, and therefore, pursuant to
Chapter 30.76, Nonconformities, of the City of Encinitas Municipal Code, is a legal nonconforming lot. This
Certificate of Compliance does not include any modification to the existing lot, and therefore, will not increase
or intensify any inconsistency with applicable development regulations.
Owner/Applicant:
Description:
Plat Map:
Michael Rota and Johnny Marotta
(See Exhibit A, Attached)
(See Exhibit B, Attached)
NOTE: The descriptions in Exhibits A and plat map in Exhibit B, atta,ched, 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 descriptions and plat.
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: 00-311 COC; Assessor's Parcel Numbers: 259-130-24
Date: February 9, 2001
Bill Weedman, City Planner
811 i~..ommodation only. It has not been examincd az to it::, cxcc,mm,
Or ~ to its effect upoathe title.
SDE 4664
February 8, 2001
7322.
EXHIBIT "A"
LEGAL DESCRIPTIONS
CERTIFICATE OF COMPLIANCE
APN 259-t30-24
PARCEL "1"
THE WESTERLY 117.00 FEET OF THE WEST HALF OF THE SOUTH HALF OF THE SOUTH HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881.
PARCEL "2"
AN EASEMENT FOR INGRESS AND EGRESS AND FOR PRIVATE ROAD AND UTILITY PURPOSES
AND APPURTENANCES THERETO, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 14.00 FEET OF THE
WEST HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THAT PROCEDURE OF SURVEY
SHOWN ON RECORD OF SURVEY MAP NO. 16706 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY SEPTEMBER 1, 2000,
EXCEPTING THEREFROM THE WESTERLY 140.50 FEET THEREOF,
TOGETHER WITH THAT PORTION THE WESTERLY 140.50 FEET OF SAID WEST HALF OF THE
NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, HEREINAFTER REFERRED TO AS
"WESTERLY 140.50 FEET", DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID WESTERLY 140.50 FEET; THENCE
ALONG THE EASTERLY LINE THEREOF NORTH 1°29'32'' EAST, 14.00 FEET TO A LINE RUNNING
PARALLEL WITH AND DISTANT 14.00 FEET NORTHERLY OF THE SOUTHERLY LINE THEREOF;
THENCE ALONG SAID PARALLEL LINE NORTH 88052'47'' WEST, 8.00 FEET TO A LINE RUNNING
PARALLEL WITH AND DISTANT 8.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID
WESTERLY 140.50 FEET; THENCE ALONG SAID PARALLEL LINE NORTH 1°29'32" EAST, 105.52
FEET; THENCE NORTH 18°34'21" WEST, 45.18 FEET TO THE SOUTHEASTERLY CORNER OF SAID
WESTERLY 117.00 FEET OF THE WEST HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 14; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 88o52'23" WEST, 16.99
FEET; THENCE SOUTH 18°34'21" EAST, 48.08 FEET TO A LINE RUNNING PARALLEL WITH AND
DISTANT 24.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID WESTERLY 140.50 FEET;
THENCE ALONG SAID LINE SOUTH l°29'32'' WEST, 116.80 FEET TO THE SOUTHERLY LINE OF
SAID WESTERLY 140.50 FEET; THENCE ALONG SAID LINE SOUTH 88°52'47 EAST, 24.00 FEET TO
THE POINT OF BEGINNING.
7323
APN 259-131-15
THE WESTERLY 140.50 FEET OF THE WEST HALF OF THE NORTH HALF OF THE NORTH HALF OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881.
TOGETHER WITH THE SOUTHERLY 14.00 FEET OF THE WEST HALF OF THE NORTH HALF OF
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19,
1881.
EXCEPTING THEREFROM THE WESTERLY 140.50 FEET THEREOF.
RESERVING THEREFROM, AN EASEMENT FOR INGRESS AND EGRESS AND FOR PRIVATE ROAD
AND UTILITY PURPOSES AND APPURTENANCES THERETO, IN THE CITY OF ENClNITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, OVER, UNDER, ALONG AND ACROSS THE
SOUTHERLY 14.00 FEET OF THE WEST HALF OF THE NORTH HALF OF THE NORTH HALF OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO THAT PROCEDURE OF SURVEY SHOWN ON RECORD OF SURVEY MAP NO.
16706 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER
1, 2000,
EXCEPTING THEREFROM THE WESTERLY 140.50 FEET THEREOF,
TOGETHER WITH THAT PORTION THE WESTERLY 140.50 FEET OF SAID WEST HALF OF THE
NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, HEREINAFTER REFERRED TO AS
"WESTERLY 140.50 FEET", DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID WESTERLY 140.50 FEET; THENCE
ALONG THE EASTERLY LINE THEREOF NORTH 1°29'32'' EAST, 14.00 FEET TO A LINE RUNNING
PARALLEL WITH AND DISTANT 14.00 FEET NORTHERLY OF THE SOUTHERLY LINE THEREOF;
THENCE ALONG SAID PARALLEL LINE NORTH 88052'47" WEST, 8.00 FEET TO A LINE RUNNING
PARALLEL WITH AND DISTANT 8.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID
WESTERLY 140.50 FEET; THENCE ALONG SAID PARALLEL LINE NORTH 1°29'32" EAST, 105.52
FEET; THENCE NORTH 18°34'21'' WEST, 45.18 FEET TO THE SOUTHEASTERLY CORNER OF SAID
WESTERLY 117.00 FEET OF THE WEST HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 14; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 88052'23" WEST, 16.99
FEET; THENCE SOUTH 18°34'21'' EAST, 48.08 FEET TO A LINE RUNNING PARALLEL WITH AND
DISTANT 24.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID WESTERLY 140.50 FEET;
THENCE ALONG SAID LINE SOUTH 1°29'32'' WEST, 116.80 FEET TO THE SOUTHERLY LINE OF
SAID WESTERLY 140.50 FEET; THENCE ALONG SAID LINE SOUTH 88°52'47 EAST, 24.00 FEET TO
THE POINT OF BEGINNING.
File: 4664surv~4664 cert of compl.doc
7324
CERTIFICATE OF COMPLIANCE
EXHIBIT "B"
APN 259- 130-~.50
$88'52'oo"E 117. oo'
APN 259-150-24
A?N 259-t30-23
f..-- 117.00' , "'~ I ~ 2,3.50'
, .... 16.99..-.. ~' ---,J.
SSS'52'2,3"E 140.50'P\ \ "W
/ \ \ N18',34'21
N18'34'21"_W,/-- \ \ I 45,18'
48.08 \~. \
APN 259-151-15
PRIVATE ROAD ~
AND UTILITY ~5~
Pi,AT
EASEMENT IN
FAVOR OF APN
259-130-24.
I lu4-'-I-~ ' = / I ---V'- "'
II ~ , ~ ENCINITAS
VICINITY MAP
NOT-TO-SCALE
SCALE t" = 50'
A.F'N 259-t31-15
NOTE: THE DATA SHOWN HEREON ~"~/-
WAS COMPUTED FROM THE
PROCEDURE OF SURVEY SHOWN ON
RECORD OF SURVEY MAP NO.
16706, FILED IN THE OFFICE OF
THE COUNTY RECORDED OF SAN
DIEGO COUNTY, SEPTEMBER 1,
2000.
E, S01 '27'25"W
N88'52'47"W 8.00' 14.00'
/ ~" NOl'29'`32"E 14.00'
N88'52'47"W 188.50'
A?N 259-131 - ]4
'"" --" 24.0¢
S88'52'47"E 529.01'
~g
APIN 2~2.-t3t-~13
I
U: 1 DATA/SURYEY/4664SURV/DWGS/CERTOFCOMP.DWG
t2/04/00
SDE 4664