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2005-772138 When Recorded Mail To And Recording Requested By: Fi ~ 1 f ~ J~ ) ) ) ) ) Dr-,e # 2005-0772138 : II!IIIIIIIIIIIIIIIIIIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111 SEP 07, 2005 11.47 AM City Clerk City ofEncinitas 505 S. Vulcan Avenue Encinitas, CA 92024 t-\(i\ _, r!. ,;';;..3 1 OFFIClp,L RECORD'" ':,,6N [IIEGCr CiJur',JT't' RECClRDEF:'::; OFFICE C1F:ECiiJR\' '.: SMITH, CDUNT\' RECORDER FEE', 53 [1[1 PAC:;ES SPACE A 1~~~W~""UW"WWIWml ", ( IN COMPLIANCE: NOT APPROVED FOR DEVELOPMENT CERTIFICATE OF COMPLIANCE (Section 66499.35 of the Government Code) The Planning & Building Director 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 parcels 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 of3,950 sq. ft. and minimum lot dimensions of 90 feet in depth and 40 feet in width for the subject R-Il (Residential 11) zone. This Certificate of Compliance applies to four parcels in compliance with the required standards pertaining to minimum lot size and dimensions. Owner! Applicant: Plat Map: Descriptions: John DeWald (See Exhibit "B", attached) (See Exhibit "A", attached) NOTE: The plat in Exhibit "B" and descriptions in Exhibit "A", 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: 04-123 BAlCDP (see PBD 2005-55 dated July II, 2005 on file in the Planning & Building Department) (f v Assessor Parcel Numbers: APNs: 260-394-08, 260-316-01 & -07 Date: September 2, 2005 B~/(j ~)~~ Bill Weedman, City Planner PBD/RS/g: \COC' s\04-123bacdp .. EXHIBIT" A" LEGAL DESCRIPTION PARCEL 1 THOSE PORTIONS OF LOTS 2 AND 3 IN BLOCK 43 OF CARDIFF "A", ACCORDING TO MAP THEREOF NO. 1334, RECORDED ON MAY 12, 1911, AND A PORTION OF LOTA IN BLOCK 1 OF CARDIFF ACRES ACCORDING TO MAP THEREOF NO. 1680 RECORDED DECEMBER 9, 1915 ALL IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF BLOCK 43 OF SAID MAP NO. 1334, THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF MACKINNON AVENUE AS DEPICTED ON SAID MAP NO. 1334, SOUTH 30004'12" EAST, 58.20 FEET TOTIW TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NO.B.nrnASTERLY RIGHT-OF-WAY OF MACKINNON AVENUE, SOUTH 30004'12" ,) .~ ~ EAST,' 40.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND AT AN OFFSET OF 7.FEET NORTHWESTERLY OF THE NORTHWESTERLY LINE OF LOT 4 OF SAID MAP -.\'- - ,-:;~ ' "NO/1334, NGRTII 59055'48" EAST, 130.57 FEET TO A POINT ON THE WESTERLY LINE ,~~f LOT ~;OFMAP NO. 11485, RECORDED ON APRIL 11, 1986; THENCE ALONG SAID'; '~STERLYLlNEOF LOT 5, NORTH 12000'40" WEST, 20.32 FEET; THENCE CONTINUING. ALONG SAID WESTERLY LINE OF LOT 5, NORTH 89052'54" WEST, 31.18 FEET;tm:NCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 00050'02" EAST, 5.~3FEEt; THENCE LEAVING SAID WESTERLY LINE, SOUTH 59055'48" WEST, 112.91 FEET to THE TRUE POINT OF BEGINNING. 7_i'Z.-OS PARCEL 2 THAT PORTION OF LOTS 1 AND 2 IN BLOCK 43 OF CARDIFF "A", IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1334, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON MAY 12, 1911. TOGETHER WITH THAT PORTION OF LOT "A" IN BLOCK 1 OF CARDIFF ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1680, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON DECEMBER 8, 1915, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF BLOCK 43 OF SAID MAP NO. 1334, THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF MACKINNON AVENUE AS DEPICTED ON SAID MAP NO. 1334, SOUTH 30004' 12" EAST, 18.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY OF MACKINNON AVENUE, SOUTH 30004'12" . EAST, 40.00 FEET; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY OF MACKINNON AVENUE, NORTH 59055'48" EAST, 112.91 FEET TO A POINT ON THE WESTERLY LINE OF LOT 5 OF MAP NO. 11485, RECORDED ON APRIL 11, 1986; THENCE ALONG SAID WESTERLY LINE OF LOT 5, NORTH 00050'02" EAST, 38.46 FEET; THENCE LEAVING SAID WESTERLY LINE OF LOT 5, SOUTH 59055'48" WEST, 20.97 FEET; THENCE NORTH 89009'58" WEST, 13.63; THENCE SOUTH 59055'48" WEST, 100.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3 THAT PORTION OF LOT "A" IN BLOCK 1 OF CARDIFF ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1680, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON DECEMBER 8, 1915. TOGETHER WITH THAT PORTION OF BIRMINGHAM DRIVE AS V ACA TED BY A RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, RECORDED ON DECEMBER 2, 1985 AS FILE NO. 85-452277 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF BLOCK 43 OF MAP NO. 1334, RECORDED ON MAY 12, 1911, THENCE ALONG THE NORTHEASTERLY RIGHT- OF-WAY OF MACKINNON AVENUE AS DEPICTED ON SAID MAP NO. 1334, SOUTH 30004'12" EAST, 18.20 FEET; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF- WAY OF MACKINNON AVENUE, NORTH 59055'48" EAST, 100.00 FEET; THENCE SOUTH 89009'58" EAST 13.63 FEET; THENCE NORm 59055'48" EAST, 20.97 FEET TO A POINT ON THE WESTERLY LINE OF LOT 5 OF MAP NO. 11485, RECORDED ON APRIL 11, 1986; THENCE ALONG SAID WESTERLY LINE OF LOT 5, NORTH 00050'02" EAST, 6.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE OF LOT 5, NORm 00050'02" EAST, 82.20 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PORTION OF V ACA TED BIRMINGHAM DRIVE THE FOLLOWING (3) COURSES: 1) NORm 01012'51" EAST, 10.90 FEET 2) NORm 89009'58" WEST, 31.25 FEET 3) NORTH 82035'42" WEST, 20.29 FEET THENCE LEAVING SAID NORTHERLY BOUNDARY OF THAT PORTION OF VACATED BIRMINGHAM DRIVE, SOUTH 00050'02" WEST, 95.42 FEET; THENCE SOUTH 89009'58" EAST, 51.33 FEET TO THE TRUE POINT OF BEGINNING. 7-i Z-C!? s- . . . PARCEL 4 THAT PORTION OF LOT "A" IN BLOCK I OF CARDIFF ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1680, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON DECEMBER 8, 1915. TOGETHER WITH THAT PORTION OF LOT I IN BLOCK 43 OF CARDIFF "A", IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1334, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDED ON MAY 12, 1911. ALSO TOGETHER WITH THAT PORTION OF BIRMINGHAM DRIVE AS VACATED BY A RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, RECORDED ON DECEMBER 2, 1985 AS FILE NO. 85-452277 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT I OF SAID MAP NO. 1334, THENCE ALONG THE NORTHEASTERLY RIGlIT-OF-W A Y OF MACKINNON AVENUE AS DEPICTED ON SAID MAP NO. 1334, SOUTH 30004' 12" EAST, 18.20 FEET; THENCE LEAVING SAID NORTHEASTERLY RIGlIT-OF-WAY OF MACKINNON AVENUE, NORTH 59055'48" EAST, 100.00 FEET; THENCE SOUTH 89009'58" EAST, 13.63 FEET; THENCE NORTH 59055'48" EAST, 20.97 FEET TO A POINT ON THE WESTERLY LINE OF LOT 5 OF MAP NO. 11485, RECORDED ON APRIL II, 1986; THENCE ALONG SAID WESTERLY LINE OF LOT 5, NORTH 00050'02" EAST, 6.61 FEET; THENCE LEAVING SAID WESTERLY LINE OF LOT 5, NORTH 89009'58" WEST, 51.33 FEET; THENCE NORTH 00050'02" EAST, 95.42 FEET; TO A POINT ALONG THE NORTHERLY BOUNDARY OF SAID PORTION OF V ACA TED BIRMINGHAM DRIVE; THENCE ALONG SAID NORTHERLY BOUNDARY OF SAID PORTION OF VACATED BIRMINGHAM DRIVE, NORTH 82035'42" WEST, 6.65 FEET; THENCE LEAVING SAID PORTION OF VACATED BIRMINGHAM DRIVE ALONG THE SOUTHERLY RIGlIT-OF- WAY OF BIRMINGHAM DRIVE AS DESCRIBED IN SAID DOCUMENT RECORDED ON DECEMBER 2, 1985 AS FILE NO. 85-452277 OF OFFICIAL RECORDS THE FOLLOWING (4) COURSES: I) SOUTH 63052'00 WEST, 25.04 FEET 2) SOUTH 73020' 13" WEST, 23.25 FEET 3) SOUTH 77048'08" WEST, 23.51 FEET 4) SOUTH 68042'48" WEST, 23.41 FEET TO A POINT ON THE EASTERLY RIGlIT- OF-WAY OF SAID MACKINNON AVENUE; THENCE ALONG SAID EASTERLY RIGlIT-OF-W A Y LINE OF MACKINNON AVENUE, SOUTH 01022'41" WEST, 81.72 FEET; THENCE ALONG THE NORTHEASTERLY RIGlIT- OF-WAY OF SAID MACKINNON AVENUE, SOUTH 30004'12" EAST, 40.94 FEET TO THE POINT OF BEGINNING. .' 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EXHIBIT liB" Sf-l:::ET :: OF :: @ @ @ INDICATES EXISTING ROAD EASEMENT. RECORDED ON 9-19-85 AS FIN 85-346729 OF O.R. INDICATES EXISTING PRIVATE ACCESS EASEMENT, RECORDED ON 6-26-86 AS FIN 86-260330 OF O.R. INDICATES EXISTING PUBLIC UTILITY EASEMENT AND PORTION OF BIRMINGHAM ROAD VACATED AS RECORDED ON 12-2-85 AS FIN 85-452277 OF O.R. - - - INDICATES PROPOSED PARCEL LINE '" O<l '<i' ..., ..., .. . '8!~' O~ o ~Eij~~~ <::3<0""'", a'O-1t:::l~ -'l'aC1i"'" ~(,fjctlLi ~~~~ "" -q:ct~:::;, ~ o. 0'" . IT) '" . \ ~ -0 ~?-, :"o~~ Q. . c> ?:'''\~ <:? ~'5'l . -:o~~ --:::Q,-p: -p ~~~o n~:..o~ ?~~{""' ~.......?? '?.. ~- ~~";""" u:> <p". o SCALE: 1"=40' Ii PE 1033BA PASCO ENGINEERING (858) 259-6212 535 N. HWY 101. STE. ~ SOLANA BE~CH, C~ 92075