2005-1105563
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DOce 2005-1105563
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When Recorded Mail To
And Recording Requested By:
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DEe 27, 2005
3:52 PM
OFFICI.~L FIECORD'3
SpN ['IEI~IJ COUNT'> F:ECORDEFI":: OFFICE
GRECiClR'\" J. SMITH" cour',~r--( F:ECORDER
FEES 2(101)
PAC~ES 5
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
NOT APPROVED FOR DEVELOPMENT
CERTIFICATE OF COMPLIANCE
(Section 66499,35 of the Government Code)
IN COMPLIANCE:
The Planning and 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 the 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 of 3,950
square feet and minimum lot dimensions of 90 feet in depth and 40 feet in width for the subject R-
11 (Residential 11) zone. This Certificate of Compliance applies to two parcels in compliance with
the required standards pertaining to minimum lot size and dimensions.
Owner:
Description:
William M. and Diane H. Butler and Richard J. Schroeder
(See Exhibits "A" and "B" attached)
NOTE: The plat in Exhibit "A" and legal descriptions 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.
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: 05-126 BAlCDP ,/
Assessor Parcel Number: 260-620-19, -30
~ate: De~~mb~r 20, 2005 /
BY: ~-., I~ (tYee d/Ft~
Bill We drnan, City Plarrner
PBD/KK/g:\COC\05-126bacdp.coc.doc
EXHIJIT ~.
BOUNDARY ADJUSTMENT PLA T
CITY OF ENCINITAS
'JENUE ___ LEGEND:
t.\t.\11 t\ _~ ---- PROET[J(lIf}M'(
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!DJE: t" = 8D' - K h. *\"IV~
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OYtNER'S STA TfIIENT:
OVIiERS: IItl.LIAM /I. BflnER AND DIANE H. B/JTl.fR. HUS8AJlJ AND
lIFE AS .KJNT TfNANlJ, AND R/(}(ARD J. SCHROE/JfR A MARR/fI}
MAN AS IRS saE AND SEPARA Tf f'R(1'fRTY, AS 1fNANTS IN
CfJ/M(1i
nfS:~Mm~ KNO~AND T
IItl.LIAM M. B/JnER DIANE H.
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LEGAL DESCRIPTION:
A PORT/(J/ a: LOTS 1 AND 2 (/lfST HAlF a: THE
NfRm/lfST OIJARTfR) AND A PORT/(J/ a: LOT 2
(FRACT/(J/A! SWm/lfST OIJARTfR a: THE NfRm/lfST
OIJARTfR) a: SECT/fJi 22. TOINSHIP IJ SOOTH. RANGE 4
/lfST, SAN BERNARDINO MfRJOIAN. IN THE CfMiTY a:
SAN OIEIXJ, STA Tf a: CAJJFORNIA. ACCORfJING TO THE
IJN/TfD STA TES GOVERNJ/fNT SJJRVEY RLfD APRIL 19,
1881.
EASEJJENT NOTE:
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(j) LoeA T/(J/ a: f>>S1ING EASEMENT FrR Pa.ES, ItfRES
AND JNaOfNTAL PIJRPOSES, IN FA WJi' a: SDGtf,
RfCfROE[) OCTOOER 26. 1948 IN BOa< 2996.
PAGE IJI a: (1fJQA! RfCf1i/)5.
(TYPICAL SIJGM EASEMENT /lfOm IS 6.00' fJi EA(}(
SlOE a: A liNE a: Pa.ES AND 1'IRfS)
LOT AREAS:
PRIOR TO ADJlST/JENT:
PARCEl i1' G1WJS ct NET = 14,553 SF
PARCEL 21' G1WJS ct NET = 15, 152 SF
AFTER ADJlST/JENT:
PARCEl i1' G1WJS ct NET = 11,194 SF
PARCEl 21' G1WJS ct NET = 18,511 SF
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PREPARED BY:
SAMPO fNQNfER/NC, 1Ne.
1034 SEfX1ID STREET ENaNlTA5, CA 92024
(760) 436-0660
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~t L Sanpo. LS 7655 Date
license expns 12/JI/2006
.Ii: 05-10J 6 '21115
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EXHIBIT B
LEGAL DESCRIPTION
PARCEL A
ALL THAT PORTION OF LOT 2 (FRACTIONAL SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER) OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO THE UNITED
STATES GOVERNMENT SURVEY FILED APRIL 19, 1881, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY
PROLONGATION OF THE NORTH LINE OF CARDIFF VILLA TRACT,
ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE
RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 10, 1912, WITH THE
NORTHEASTERLY LINE OF COUNTY HIGHWAY COMMISSION, ROUTE 1,
DIVISION 1; THENCE NORTH 31 DEGREES 28' WEST ALONG SAID
NORTHEAST LINE OF ROUTE 1 A DISTANCE OF 213.08 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE RIGHT IN SAID LINE HAVING A
RADIUS OF 1275.82 FEET; THENCE NORTHWESTERLY ALONG SAID LINE
AND SAID CURVE THROUGH A CENTRAL ANGLE OF 08 DEGREES 01' A
DISTANCE OF 178.59 FEET; THENCE CONTINUING ALONG SAID
NORTHEASTERLY LINE OF SAID ROUTE 1, NORTH 23 DEGREES 27' WEST,
932.80 FEET TO THE TRUE POINT OF BEGINNING, BEING THE MOST
WESTERL Y CORNER OF A PARCEL OF LAND CONVEYED TO ARMIN
PETY AN, A SINGLE MAN, BY DEED DATED JUNE 6, 1945, AND RECORDED IN
BOOK 1899, PAGE 238 OF OFFICIAL RECORDS; THENCE NORTH 66 DEGREES
48' EAST ALONG THE NORTHWESTERLY LINE OF THE LAND CONVEYED TO
PETY AN, 210.04 FEET TO THE MOST NORTHERLY CORNER THEREOF;
THENCE SOUTHEASTERLY ALONG THE NORTHEASTERL Y LINE OF SAID
PETY AN'S LAND 70 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE
TO A POINT IN SAID NORTHEASTERLY LINE OF SAID ROUTE 1, DISTANT
THEREON SOUTH 23 DEGREES 27' EAST 70 FEET FROM THE TRUE POINT OF
BEGINNING; THENCE NORTH 23 DEGREES 27' WEST ALONG SAID ROUTE 1,
70 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE
WESTERL Y 160.00 FEET THEREOF.
EXHIBIT B
LEGAL DESCRIPTION
PARCEL B
ALL THAT PORTION OF LOTS 1 AND 2 (WEST HALF OF THE NORTHWEST
QUARTER) OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINIT AS, COUNTY OF SAN
DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY
PROLONGATION OF THE NORTH LINE OF CARDIFF VILLA TRACT,
ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE
RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 10, 1912, WITH THE
NORTHEASTERL Y LINE OF COUNTY HIGHWAY COMMISSION, ROUTE 1,
DIVISION 1; THENCE NORTH 31 DEGREES 28'00" WEST ALONG SAID
NORTHEAST LINE OF ROUTE 1 A DISTANCE OF 213.03 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE RIGHT IN SAID LINE HAVING A
RADIUS OF 1275.82 FEET; THENCE NORTHWESTERLY ALONG SAID LINE
AND SAID CURVE THROUGH A CENTRAL ANGLE OF 08 DEGREES 01 '00" A
DISTANCE OF 178.49 FEET; THENCE CONTINUING ALONG SAID
NORTHEASTERL Y LINE OF SAID ROUTE 1, NORTH 23 DEGREES 27'00" WEST,
812.75 FEET TO THE MOST WESTERL Y CORNER OF A PARCEL OF LAND
CONVEYED TO EARL C. NICHOLS AND WIFE BY DEED DATED OCTOBER 3,
1944 AND RECORDED IN BOOK 1761, PAGE 65 OF OFFICIAL RECORDS;
THENCE CONTINUING NORTH 23 DEGREES 27'00" WEST ALONG SAID
NORTHEASTERL Y LINE 120.05 FEET TO THE MOST SOUTHERLY CORNER OF
A PARCEL OF LAND CONVEYED TO ALEX D. RESECK AND WIFE BY DEED
DATED JUNE 11, 1943 AND RECORDED IN BOOK 1564, PAGE 407 OF OFFICIAL
RECORDS; THENCE NORTH 66 DEGREES 48'00" EAST ALONG THE
SOUTHEASTERL Y LINE OF SAID PARCEL CONVEYED TO RESECK, 210.04
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY TO A
POINT ON THE NORTHERLY LINE OF THAT PROPERTY CONVEYED TO
NICHOLS, SUCH POINT BEING 203.19 FEET NORTHEASTERLY FROM THE
NORTHWEST CORNER OF AFORESAID PROPERTY CONVEYED TO NICHOLS;
THENCE NORTH 66 DEGREES 48'00" EAST, 203.19 FEET TO THE NORTHEAST
CORNER OF THAT PROPERTY CONVEYED TO NICHOLS, SAID CORNER
BEING A POINT ON A CONCAVE CURVE THE CENTER OF WHICH BEARS
NORTH 71 DEGREES 20'55" EAST, 2035.00 FEET FROM SAID POINT; THENCE
NORTHWESTERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
01 DEGREE 42'02" A DISTANCE OF 60.40 FEET TO A POINT 60.40 FEET
SOUTHEASTERL Y ON SAID CURVE FROM THE SOUTHEAST CORNER OF
THAT PROPERTY CONVEYED TO RESECK; THENCE SOUTH 66 DEGREES
.
.
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48'00" WEST PARALLEL TO THE SOUTHERLY LINE OF THAT PROPERTY
CONVEYED TO RESECK, 160.00 FEET; THENCE NORTHWESTERLY TO A
POINT ON THE SOUTHERLY LINE OF AFORESAID PROPERTY, 160.00 FEET
SOUTHWESTERLY FROM THE SOUTHEAST CORNER OF SAID PROPERTY;
THENCE SOUTH 66 DEGREES 48'00" WEST ON THE SOUTHERLY LINE OF
RESECK PROPERTY 50.04 FEET TO THE TRUE POINT OF BEGINNING,
TOGETHER WITH THAT PORTION OF LOT 2 (FRACTIONAL SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER) OF SECTION 22, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE UNITED STATES GOVERNMENT SURVEY FILED APRIL 19, 1881,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY
PROLONGATION OF THE NORTH LINE OF CARDIFF VILLA TRACT,
ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE
RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 10, 1912, WITH THE
NORTHEASTERLY LINE OF COUNTY HIGHWAY COMMISSION, ROUTE I,
DIVISION I; THENCE NORTH 31 DEGREES 28' WEST ALONG SAID
NORTHEAST LINE OF ROUTE I A DISTANCE OF 213.08 FEET TO THE
BEGINNING OF AT ANGENT CURVE TO THE RIGHT IN SAID LINE HAVING A
RADIUS OF 1275.82 FEET; THENCE NORTHWESTERLY ALONG SAID LINE
AND SAID CURVE THROUGH A CENTRAL ANGLE OF 8 DEGREES I' A
DISTANCE OF 178.59 FEET; THENCE CONTINUING ALONG SAID
NORTHEASTERLY LINE OF SAID ROUTE I, NORTH 23 DEGREES 27' WEST,
932.80 FEET TO THE TRUE POINT OF BEGINNING, BEING THE MOST
WESTERLY CORNER OF A PARCEL OF LAND CONVEYED TO ARMIN
PETY AN, A SINGLE MAN, BY DEED DATED JUNE 6,1945, AND RECORDED IN
BOOK 1899, PAGE 238 OF OFFICIAL RECORDS; THENCE NORTH 66 DEGREES
48' EAST ALONG THE NORTHWESTERLY LINE OF THE LAND CONVEYED TO
PETY AN, 210.04 FEET TO THE MOST NORTHERLY CORNER THEREOF;
THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID
PETY AN'S LAND 70 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE
TO A POINT IN SAID NORTHEASTERLY LINE OF SAID ROUTE I, DISTANT
THEREON SOUTH 23 DEGREES 27' EAST 70 FEET FROM THE TRUE POINT OF
BEGINNING; THENCE NORTH 28 DEGREES 27' WEST ALONG SAID ROUTE I,
70 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE WESTERLY 160.00 FEET THEREOF.