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2001-556044RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ~,~y~ City Clerk City of Encinitas . t4~505 S. Vulcan Avenue ICh' Encinitas, CA 92924 DSC g 2001-0556044 AUG O? 2OO1 10:2'-' , ~_ OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'8 OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 19.00 THIS SPACE FOR RECORDER'S USE ONLY IN COMPLIANCE: The Director of Community CERTIFICATE OF COMPLIANCE (Section 66499.35 of the Government Code) NOT APPROVED FOR DEVELOPMENT 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 18554). 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 via a lot averaging permit (Case No. 98-140 TPM/MIN/EIA) in accordance with Encinitas Municipal Code Section 30.16.020A(1) and 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: Cornucopia, Inc. (A California Corporation) (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: 01-097 CC and 98-140 TPM/MIN/EIA Date: August 7, 2001 B~ql Weedman, City Planner SDE 4433 JULY 26, 2001 Exhibit A Page 1 of 3 LEGAL DESCRIPTION CERTI;FICATE OF COMPLIANCE REMAINDER PARCEL PARCEL MAP NO. 18554 PARCEL E-1: PARCEL "REMAINDER" OF PARCEL MAP NO. 18554, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 27, 2000. RESERVING THEREFROM 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 THEREOF LYING WITHIN PARCELS E-6 AND E-7 DESCRIBED BELOW. PARCEL E-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 ENCINITAS TRACT NO. 88-183 ACCORDING TO MAP THEREOF NO. 12882, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1991 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". NON-EXCLUSIVE EASEMENTS AND RIGHTS-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 E-3 THROUGH E-9 INCLUSIVE: PARCEL E-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 78026'42'' 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 DESCRIPTION. PARCEL E-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 17°52'02" WEST, 235.26 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE EASTERLY; Remainder Parcel Parcel Map No. 18554 1 Exhibit A Page 2 of 3 THENCE ALONG THE ARC OF SAID CURVE 276.69 FEET THROUGH A CENTRAL ANGLE OF 52°50'40"; 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 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 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 E-5: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "Y; THENCE NORTH 55001'22'' 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 21 l°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 E-4 ABOVE; THENCE NORTH 24°56'51'' WEST, 40.41 FEET TO A POINT LYING ON THE NORTHERLY LINE OF PARCEL E-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 HEREINABOVE DESCRIBED PARCEL E- 4. PARCEL E-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 58014'54'' 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 77034'23'' EAST, 64.18 FEET TO A POINT ON THE Remainder Parcel Parcel Map No. 18554 2 Exhibit A Page 3 of 3 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 E-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 66o21 '24" TO THE EASTERLY LINE OF PARCEL E-6 ABOVE; THENCE NORTH 62°12'52'' WEST, 44.44 FEET TO THE WESTERLY LINE OF PARCEL E-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 88002'05'' EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 13.67 FEET THROUGH A CENTRAL ANGLE OF 39o09'22'' 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 32054'39'' 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 53058'05"; THENCE NORTH 31o45'06'' EAST, 20.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL E- 6. PARCEL E-8: THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL E-3 AND NORTHERLY OF THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL E-6 AND SOUTHWESTERLY OF THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND TANGENT TO SAID EASTERLY LINE OF PARCEL E-3 AND SAID NORTHERLY LINE OF PARCEL E-6. PARCEL E-9: THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL E-4 AND SOUTHERLY OF THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL E-6 AND NORTHWESTERLY OF THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND TANGENT TO SAID EASTERLY LINE OF PARCEL E-4 AND SAID SOUTHERLY LINE OF PARCEL E-6. EXCEPTING FROM THE HEREINABOVE DESCRIBED PARCELS E-3 THROUGH E-9 INCLUSIVE THOSE PORTIONS LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL E-1. file: \4433surv\4433 remainder parcel c of c.doc Remainder Parcel Parcel Map No. 18554 3 Exhibit B CERTIFICATE OF COMPLIANCE PLAT I OF' ENCINITAS TRACT NO 88-183 l/ ~~ ~ 258.98' --~_ / /-~'~~~- '~ ~ ~"~-~ PARCEL MAP 18554 il// /..~'~1~"~'~'A ~-~. .'~ ~- . .~ "REMAINDER PARCEL" ,,/~~ ~ --_ APN 264-091-73 (/ .-- I/ ~ ~ co SEWER ESl~T RECORDED JAN. 9 1975 ASFILE# 75-005919 O.R. WIDE PVl'. DRAINAGE ESMT PER PM 18554 '~PVT. ROAD & UTILITY ESMT. RECORDED APRIL 5,1998 AS DOC. NO. 1998-0187787 0 1 O0 200 SCALE IN FEET ENCINJ-.rAs ~ , VICINITY MAP NOT - TO - SCALE 1:42:42 pm EST U:\l DAT^\4455SURV\OWg\PLATS\4453PLT1.dwg 4-18-01 8AN DIEQUITO ENGINEERING. NC ~.407 MANCHF~T~, SUITE ~0~ ~NC~NIT~, ~ 92024 PH~: (760) 755-5525 ~ E~EE~ * ~ 4.998 AC GR. 4,982 AC NET WATER ESOT RECORDED JAN 31, 1962 AS F/P 18555 SERIES 5, BOOK 1962 ,.......10' WIDE TRAIL ESMT PER PM OPEN SPACE EASEMENT, PER PM 1855¢ d I 1 SDE 443: