1991-258914
DOC ff: 1991-0258914
03-JUH-1991 09=10 AM
SAN DIEGO COUHTY RECORDER'S DFFICE
ANNETTE EVANS, CDUHTY RECORDER
RF: B.OO FEES: 15.00
AF: 6.00
nF: 1. 00
RECORDING REQUESTED BY
AND MArL TO:
1518
City of Encinitas
527 Encinitas BOUlevard, Suite 100
Encinitas, California 92024
Attn: Bill Weedman,
City Planner
JlOT APPROVBD I'OR DBVBLOPKBIl'1'
CERTIFICATE OF COMPLIANCE
(Section 66499.35 of the Government Code)
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-g Zone as of
this date.
OWner: Bruce D. and Lisa R. Patch
Description: See Exhibit "An attached hereto and made a part
hereof.
Plat Map: See Exhibit liB" 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
requirements of any City, County, state, Federal
that regulates development of real property.
way affect the
or local agency
DL/03/BC2-106wp5 1(4/29/91-2)
-,
~''-''<_.~-~-"._".._._"--..~..-.
-
';~~~J-' :",' :<..~
.r-"
~f.
j'"
f. C'
o {fir
"'""""'; ."'.~-"-""'~'-', ,~-:-<,,,,.,,~~,.~.,< "-';' 'o"-"~'C.'.__ "",__,."......., ,~~',"_"_'
1519
The open space easement restrictions referred to as Exhibit "C"
attached hereto and made a part hereof shall apply to said
property.
Case No.: 90-126-CC
Assessor Parcel No.: 255-130-71
Date: t4. "I 1 ( (tt f I
DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT
DIRECTOR, PATRICK S. MURPHY
BY: l:2:L( uJ-u-L~
BILL ~MAN, CITY PLANNER
DL/03/BC2-106wp5 2(4/29/91-2)
1520
BXBJ:BZT "A"
LBGAL DB8CRZPTZOJl
1502 Summerdawn Place
Encinitas, CA 92024
APN: 255-130-71
LOT 284 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 11172, FILED IN THE OFFICE OF THE RECORDER
OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 284;
THENCE ALONG THE BOUNDARY LINE OF SAID LOT 284, SOUTH 02012'41"
WEST 98.89 FEET; SOUTH 67036'15" EAST 94.68 FEET AND NORTH
74015'34" EAST 20.00 FEET TO THE NORTHEASTERLY LINE OF SAID LOT
416;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 416 BEING A 48 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY THOUGH A CENTRAL ANGLE OF
24022'56" AN ARC LENGTH OF 20.43 FEET;
THENCE RADIAL TO SAID CURVE SOUTH 49052'38" WEST 59.00 FEET;
THENCE SOUTH 82014'21" WEST 44.19 FEET;
THENCE NORTH 65022'35" WEST 52.80 FEET;
THENCE NORTH 32047'03" WEST '70.18 FEET;
THENCE NORTH 14047'56" EAST 136.42' FEET TO THE NORTHWESTERLY
PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 284;
THENCE ALONG SAID PROLONGATION SOUTH 52001'33" EAST 35.00 FEET TO
THE POINT OF BEGINNING.
SEE PLAT ATTACHED HERETO AND MADE A PART THEREOF.
DL/03/BC2-106wp5 3(4/29/91-2)
-
';"'~"'\.":~:");;"';;;"':;;';.J_~;'
~
"Y. ?~. /~ ~J,./
HEALTH DEPARTMENT CERTIFICATION
FOR DEPARTMENTAL USE ONLY
.'<"';
"';"'..' :J;~lii
-3>:t"~/.. '-,>
OWJIIER~~~.~..v ADDRESS /~,;!SV~~.ie~..Ic/,y .'8.
::::E~~.:::P:::::OWLEDGEANDCONS::~~~.~~
SIGNATURE
APPLICANT TAG .-'9'"",""~__ ~ MAP PREPARED BY~.-09 ~.::t:!''''A''~
ADORESS ~? ~~CDt'"",L:;iI? """..:ztJiZ> ADDRESS 7~~~GEe'..e:? ~/
CITY~ O~~ ZIP 92/2 / CITy~A/.P~ ZIP 9"Z,1//.
'PHONE NO. /tt:/'eJ ?~ - <9:!>8/ PHONE NO~~E. or L.$. NO. ./66//
DPL NO. 23t 1_. 41801 .,;z~ . ~'1::>
~,~~ -,-:.."t.'''"~.f ,0:<;"',""''''; ,~,,~:,".,
'T~""'''''''''-_;,,",, ,_,_',"",_,-,.-~_
-"-~~<~--;~ .-~". ,~.'
.- ''-'::~'':
1522
BDJ:B:IT "e"
OPEN SPACE EASEMENT RESTRICTIONS
Lot 284 and Portions of
Lot 416 as Dee,nribed in Attached
Legal Oescription
The following restrictions as set forth on Record Map 11172 are
hereby made a part of Certificate of' Compliance 90-126-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.
2) 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:
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
DL/03/BC2-106wpS 4(4/29/91-2)
<.~",r~~
_, .i~~~~...:
..,. . "_. .
.~J'~",~;:;:"~~'W"'~"'l'--""!"!'~~ ,', '~"'~<-~'~":""~""~~-""-":"'-""'""-""""-"""""""''''''''''~;-'''''''"",,",~~'''1'~''''''~:F.r,',~:~".~~.f.~"'J;~,:;;,
."
1523
assigns; provided however, that grantor may excavate,
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.
DL/03/BC2-106wpS S(4/29/91-2)
---;}.,-