2007-42832
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DOC # 2007-0042832
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When Recorded Mail To
And Recording Requested By:
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JAN 22, 2007
10:38 AM
I] FFI C1AL Fi E CIJ R D ~:;
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[iF:EC,I]Fi'" J S~',,1ITH CI]UtHY REClJFiDER
FE E ~:; 30.00
F',6,[j E ':;: 5
City Clerk
City ofEncinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
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SPACE ABOVE FOR RECORDER'S USE
NOT APPROVED FOR DEVELOPMENT
CERTIFICATE OJ; COMPLL"L.~CF:.
(Section 66499.35 ofthe Government Code)
IN COMPLIANCE:
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
descrihed herein may be sold, leased, or nnanced without fllrther 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 gram tir grant~ of approval.
Section .30 16.0lt) (If{he CIty of'hlc111hasi'vlnmcIpal endc spedfies a mimmum lot size of8,7l1h :.>q. ft.
and minimum lot dimensions of 100 ttet in depth and 70 ft;et in width tor the subject R-5 iRe!'.i(kntiai
5) zone. This Certificate of Compliance applit:s to two parcels in compliance with the n:'quired
standards pertaining to minimum lot size and dImensions.
Owner/ Applicant
Plat Map:
Descriptions:
Joseph Bettencourt
(See Exhibit "A", Parcels A & B attached)
(See Exhibit "B", Parcels A & B attached)
NOTE: The plat in Exhibit "A" and descriptions in Exhibit "B", attached, have been provIded by the
owner of the property, and neither the City of Em:initas nor any of its officers or employees aSSlJ11)~ ;my
responsibility for the accuracy of said descript~~:1::; Di Pl<iil>.
This Certificate of Compliance shall in no way atfect the requirements of any City, County, State,
Federal or local agency that regulates development of real property.
Case No: 06-206 BAlCDP (see PBD 2007-01 dated January 9, 2007 on file in the Planmng & BUIlding
Department) /./
Assessor Parcel Numbers: 259-160-19 & 259-451-33
Date: January 19,2007
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Tom Curriden, City Planner
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BY:
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EXHIBIT "B"
LEGAL DESCRIPTION
PARCEL A
Being a parcel of land in the City of Encinitas, County of San Diego, State of California,
and being a portion of Lot 40, Crest Estates Unit No.1, according to Map Number 4923
recorded February 28, 1962, of Official Records, more particularly described as follows:
BEGINNING at southwest corner of said Lot 40; THENCE, north along the west
boundary line of said Lot, North 00032'34" East (North 00032'08" East per record), 78.59
feet to the beginning of a tangent 675.00 foot radius curve concaved easterly; THENCE,
north along the arc of said curve through a central angle of 00025'28", a distance of 5.00
feet to the northwest corner of said Lot; THENCE, east along the north boundary line of
said Lot South 89002'35" West (South 89002'24" West per record), 108.98 feet;
THENCE, leaving said boundary line South 00032'34" West, 82.32 feet to the southerly
line of said Lot 40; THENCE, North 89042'42" West 109.00' to the POINT OF
BEGINNING.
Said parcel of land contains 9,042 square feet, more or less.
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John L. Walters PLS 5819
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EXHIBIT "B"
LEGAL DESCRIPTION
PARCEL B
Being a parcel of land being in the City of Encinitas, County of San Diego, State of
California, and Lot 123 of Summerfield Encinitas Unit No.4, according to Map Number
7705, recorded July 19, 1973, of Official Records, together with a portion of Lot 40,
Crest Estates Unit No.1, according to Map Number 4923 recorded February 28, 1962,
of Official Records, more particularly described as follows:
BEGINNING at the northeast corner of said Lot 123; THENCE, along east the north
boundary line of said Lot, South 89042'42" East, 70.04 feet; THENCE, South 74027'15"
East, 119.57 feet to a point on a non-tangent 160.00 foot radius curve concaved
easterly, a radial bearing to said point bears South 74020'15" East (South 74027'15"
East per record); THENCE, southerly along the arc of said curve through a central angle
of 15015'27", a distance of 42.61 feet to the southeast corner of said Lot; THENCE,
leaving said curve and west along the South boundary line of said Lot 123 and said Lot
40 North 89042'42" West, 191.00 feet; THENCE, leaving said boundary line North
00032'34" East, 82.32 feet to a point on the north boundary line of said Lot 40;
THENCE, east along said boundary line South 89002'35" East (South 89002'24" East
per record) 11.00 feet; THENCE, South 00032'34" West, 8.63 feet to the POINT OF
BEGINNING.
Said parcel of land contains 12,579 square feet, more or less.
0~S: .W~
John L. Walters PLS 5819
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EXHIBIT "A"
BOUNDARY ADJUSTMENT PLAT
CITY OF ENCINITAS
PLAT NO: 06-206
SHEET 1 OF 2
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OWNERS STATEMENT:
JOSEPH BETTENCOURT AND
SHEILA SPAHN BETTENCOURT,
HUSBAND AND WIFE AS JOINT
TENANTS OF PARCELS A & B.
1355 AHLRICH AVENUE
ENCINITAS, CAUFORNIA 92024
(760) 942-8577
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/2-0-06
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SHEILA SPAHN BETTENCOURT DATE
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PREP ARED BY;
WALTERS LAND SURVEYING
606 CASSIDY STREET · SUITE B
OCEAN~D~ CA. 92054
(760) 722-1200
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JOHN L. WALTERS PLS 5819
DATE: 12-04-2006
JOB NO.: 206116
LEGAL DESCRIPTION
BEING LOT 40, CREST ESTATES UNIT NO.1, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA,
ACCORDING TO MAY THEROF NO. 4923, FILED IN THE OFFICE
OF THE COUNT RECORDER OF SAID COUNTY, FEBRUARY 28,
1962 AND, LOT 123 OF SUMMRFIELD, ENCINITAS UNIT 4, IS
SAID CITY, COUNTY AND STATE, ACCORDING TO MAP THEREOF
NO. 7705, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, JULY 1973.
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EXHIBIT "A"
BOUNDARY ADJUSTMENT PLAT
CITY OF ENCINITAS
PLAT NO: 06-206
DORIS AVENUE
LOT 41
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I PARCEL B I
I AREA: 12579 S.F. I
DETAIL "A"
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SHEET 2 OF 2
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SCALE: 1"==40'
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- NE CORNER
LOT 123
EASEMENT NOTES:
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BELL FOR ACCESS AND UTILlTES RECORDED
1-31-2006 PER FILE NO. 2006-072026, O.R.
BEING PARCEL A OF SAID DOCUMENT.
PARCEL B OF SAID DOCUMENT BEING A FOUR
FOOT WIDE EASEMENT AS SHOWN HEREON.
[2] 60' EASEMENT FOR ROAD, WA TER, GASS,
SDGE, TELEPHONE AND UTILITIES RECORDED
4-06-1973 PER FILE NO. 73-091119 AND PER
FILE NO. 73-091119 RECORDED 8-29-1973, O.R.
AN EASEMENT IN FAVOR OF SDGE FOR ACCESS
AND UTILITIES RECORDED 1-27-1947 IN BK: 2332,
PG: 135, O.R., DOES NOT CONTAIN THE LOCATION
OF SAID EASEMENT.
LEGEND
( ). .INDICATES RECORD INFOMRA TION
PER MAP 4923.
[ ]. .INDICATES RECORD INFORMATION