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1991-258910 r . ~"'_. ~,,-. 1494 DOC D: 1991-0258910 03-JUH-1991 09=10 AM SAH DIEGO COUHTY RECORDER'S OFFICE AHllETTE EVAHS, CDUHTY RECORDER RF: B.OO FEES: 15.00 AF: 6.00 nF: 1.00 RECORDING REQUESTED BY AND MAIL TO: City of Encinitas 527 Encinitas Boulevard, Suite 100 Encinitas, California 92024 Attn: Bill Weedman, City Planner HOT APPROVED paR DBVBLOPHBHT CERTIFICATE OF COMPLIANCE (Section 66499.35 of the Government Code) /</ )/0 , t;f IN COMPLIANCE The New Encinitas Community Advisory Board has determined that the parcel of real property described below HAS resulted from an action in compliance with the Subdivision Map Act and with provisions of the City of Encinitas Municipal Code. It has been determined that the subject property meets the Zoning Ordinance requirement for NET area in the R-3 and R-8 Zone as of this date. Owner: Herbert and Annette Koqa Description: See Exhibit "An attached hereto and made a part hereof. Plat Map: See Exhibit "B" attached hereto and made a part hereof. NOTE: The (DESCRIPTION AND MAP IN EXHIBIT "A". and "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 and map. 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. DL/02/BC2-113wp51 1(4/30/91-1) " .' 1495 The open space easement restrictions referred to as Exhibi:t tiC" attached hereto and made a part hereof shall apply to said property. Case No.: 90-122-CC Assessor Parcel No.: 255-130-66 Date: 114 i 1, I 'if I DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT DIRECTOR, PATRICK S. MURPHY ~. II uJ..v>. L4A.- . BY: '~ BILL WEEDMAN, CITY PLANNER , DL/02/BC2-113wp51 2(4/30/91-1) ""',",",'C'''-~''''''''.'''''' -'.j . .... ~'-"--" - _~~~""'''''''O'''''''''"__'''''''''"' "'~'''_'.'''",,", ~ ~_..,> ,"' ....~; ~-J,.." ._._ _.T~.,,_..~. ~._' ',~"._'~_" '~_""'-'_""'~"'~"""_'___."'~'~'~'__. _ "__'" '.'_~_ 1496 BXHIBIT "A" LBGAL DBSCRIPTIOH 1585 Summerdawn Place Encinitas CA 92024 APN: 255-130-66 LOT 289 OF COUNTY OF SAN DIEGO TRACT NO. 4304-6 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11124, FILED IN THE OFFICE OF THE RECORDER OF COUNTY OF SAN DIEGO, STATE. OF CALIFORNIA, TOGETHER WITH THAT PORTION OF LOT 416 OF COUNTY OF SAN DIEGO TRACT NO. 4304-9 ACCORDING TO MAP THEREOF NO. 11172, FILED IN THE OFFICE OF THE RECORDER OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 289; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 289 SOUTH 78054'06" EAST 59.94 FEET TO THE SOUTHEAST CORNER OF SAID LOT 289; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 289 SOUTH 05004 '19" WEST 56.72 FEET TO THE SOUTHERLY LINE OF SAID LOT 416; THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 416 SOUTH 83031'56" WEST 45.54 FEET TO A POINT ON THE SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 289; THENCE ALONG SAID SOUTHERLY PROLONGATION NORTH 06040'00" WEST 73.66 FEET TO THE POINT OF BEGINNING. SEE PLAT ATTACHED HERETO AND MADE A PART THEREOF. ,. DL/02/BC2-113wp51 3(4/30/91-1) --":";;',~J~- '-. A =-<1 ,.->-. -N- PLAT 1.97. C~A''''' .. ...IVJ!.........~.... .......'......:..,"'..'..- ~.~ .-n....."fl... ..', ~: ~-~ ~H:? VICQVITY I'?RP .4t::> ..:i!::9.t:4"' . ~ff~A .F)'~~ ~..s~ - . - ~. ..s~~W', ---- ! ~",j' . ._;~~ ~ ~~")i' j ~ ~ ~-/~-~. ~,~ Fi3 r-"0 ~ ~t:JT.289 ~R ~, J} o It. "3 NRP Na ///24 ~r tOQ ~o.' ~'~ ~ f\lf{lJ ~ - , IS '-::::-'" ~ Ul "":\ /~/~.s~ N#r 1\-:1-, . E ~O ~ .......' ~ c> ~ ~I <( o. ~ . \'\.' -7 ~~ ~ ~\_-' 81 ~ ~ .~.~. (7) #~~~.~~_..I . "'}J" - ~~.. C) . ~9~' .ft) ""'-,,, ~ J5 \"- ~ ll.C)~ M f\10) \ " ~?::f\l ID:.,L. , -.::c:O ": ~~~ 7 ~ ".,..-." - r AI B~U)-t29L~ alP~.,'~ ~~ ..-1?~S' I . #/2".~ ///?Z ~t! t::)WNrR: J'~'ECIVI 'U~~'l- , . ',', OF &A\.\~ .H~,f'.a&er..e4VAI'.€"rTF h~Jj"'. /"8!F'..$e.W~.&Ip~ ~. . r~A// ,,f?J.,.c:J';I? ?ZOz". ~/~J . HEALTH DEPARTMENT CERTIFICATION FOR DEPARTMENTAL USE ONLY .,......"./.,,;-. ..,..,...... ~. ~~.----!)f;~;...~.<- .'!:~ .... .. {"bWNER A~'I ~"I1"'AlNVE77& "...~ ipHONE NO. lir/fI} <lJ~ - 01140 ....'\"HIS PLAT WAS PREPARED WITH MY KNOWLEDGE AND CONSENT ... ~ ,.. - ~ - 0 . ~ Z . Z','" .0...... . . ~ ' .~'-:. :It m '1 o III 0( ~ /. I . -< APPLICANT ThIG .....-AG'~.... ~.....",.....vl" ADDRESS ?Y6?~~~"""'.;2PC> CITY....s:::9# O/E--.I!:> ZIP'7.2/Z / .PHONENO./t::/~ ?"~-~/ I ;~IG1:~l~Z~;:~J..;~;i:.:. ',. N E MAP PREPARED BY ~ .. ;;e9 ~ y. ~ ADDRESS' 7~7~G".&e' A?a ~/. CITY0~A/' .P~ ZIP 9.2./// PHONE'NO.2?.2~~.E. 01: LoS. NO. /66// .z"-~ ....... . .." -'..', .. -< " ,'.. , '-.. .-.',.. -" ',::>;'.. ..',:~.'.'~:::"--~' .:.'? ,- '-~.o-.:..,:~;,~:-;~~:~L~:Ji/-':L(~,ii0;},~~Z~i(;~jlM~t-;j~~}-~,,;l;:.:_:~:~~~~~~;/:j;;};' I f I I I _.!- ^'''.~'''~'r"..... "---. .. ..,......-. .- ..... :_,_ _"C""',~~-.,""""d.'._ '" _ J'-'~-"~--""'''''~'"'~?;':.'C'._r!'~_:'''-/_~ , 1498 as BUIBIT "C" OPEN SPACE EASEMENT RESTRICTIONS Lot 289 and Portions of Lot 416 Described in Attached Legal Description The following restrictions as set forth on Record Map 11172 are hereby made a part of Certificate of Compliance 90-122-CC and constitute: 1) A perpetual easement for open space over, upon, across and under the subject land and no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land except as may be permitted by a major use permit issued pursuant to the zoning ordinance of the City of Encinitas, and all necessary public utility lines. The perpetual right, but not the obligation, to enter upon the subject land and remove any buildings, structures or other things whatsoever constructed, erected, placed or maintained on the subject land, contrary to any term, covenant' or condition of this easement and to do any work necessary to eliminate the effects of any excavation or grading or placement of sand, soil, rock or gravel or any other material done or placed on the subject land contrary to any term, covenant or condition of this easement. Grantor covenants and agrees for itself and its successors and assigns as follows: 2) A) That it shall not erect, construct, place or maintain, or permit the erection, construction, placement or maintenance of any building or structure or other thing whatsoever on the subject ,land other than such buildings, structures or other things as may be permitted by a major use permit issued pursuant to the zoning ordinance of the City of Encinitas and all necessary pUblic utility lines. B) That it shall not use the SUbject land for any purpose except as open space, to be left in its natural state, except for landscape improvements specified in landscape plans approved by the Director of Planning and Community Development, and no grading, clearing or removal of any vegetation for other purposes shall be permitted, except for brush clearing for fire protection purposes as required by the Encinitas Fire Department, or without written authorization of the City of Encinitas or its successors or assigns. C) That it shall not excavate or grade or permit any excavating or grading to be done, or place or allow to be placed any sand, soil, rock, gravel or other material whatsoever on the subject land without the written permission of the City of Encinitas or its successors or assigns; provided however, that grantor may excavate, DL/02/BC2-113wp51 4(4/30/91-1) -~~"'-."" ,~.::..:~, :,:,"",:;;...~.",:,,,. ,;.c""",.,. .~:: I":"..' 1499 grade or place sand, soil, rock or gravel or other material on the subject land as may be permitted by a major use permit issued pursuant to the zoning ordinance of the City of Encinitas, and all necessary public utility lines. D) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. That grant of this easement and its acceptance by the City of Encinitas shall not authorize the public or any members thereof to use or enter upon all or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put. This easement shall bind the grantor and its successor and assigns. I 1 DLi02/BC2-113wp51 5(4/30/91-1)