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2009-707027.~w DO # 2009-0707027 When Recorded Mail To III 11111111111111111111111111111111111111111111111111 IN IN ) And Recording Requested By: ) DEC 22 2009 3:59 PM t ) OFFICIAL RECORDS t + SAN DIEGO COUNTY RECORDER'S OFFICE D90D L. BUTLER, COUNTY RECORDER City Clerk ) FEES: 22.00 GES: 5 City of Encinitas P PA I1I1IIIIIIIIIIIIIIIIIIIII 505 S. Vulcan Avenue Encinitas, CA 92024 ) e ar 11111111111111111lilt 1111111111 Hill 111111 Hill 111111 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 14,500 square feet and minimum lot dimensions of 100 feet in depth and 80 feet in width for the subject R- 3 (Residential 3) zone. This Certificate of Compliance is for purposes of a boundary adjustment for the modification of the existing easterly property line of the most southerly and westerly lot (Parcel 254-362-76), and results in both adjoining lots in compliance with the required standards pertaining to minimum lot size and dimensions. Owners: Stanley D. Gafner and Mary H. Gafner Description: (See Exhibits "A" attached) Plat: (See Exhibits "B" attached) NOTE: The plat in Exhibit "B" and legal descriptions in Exhibit "A", attached, have been provided by the owners 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: 09-037 BA/CDP (see Planning and Building Department Notice of Decision 2009-41 dated November 24, 2009 onJle in Planning and Building Department) Assessor Parcel Numbers: 254-362-79 and 254-362-76 Date: December 14, 2009 BY: Tom Curriden, City Planner PBD/AM/T:\COC\09-037bacdp PAGE 1 OF 1 EXHIBIT `A' LEGAL DESCRIPTION "PARCEL A" THAT PORTION OF LOT 13, OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927, TOGETHER WITH THAT PORTION OF SAXONY ROAD VACATED AND CLOSED TO PUBLIC USE PER CITY OF ENCINITAS RESOLUTION NUMBER 2003-61, RECORDED OCTOBER 29, 2003 AS DOCUMENT NUMBER 2003-1316240 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTHERLY 468.50 FEET OF SAID LOT 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 00°05'30" WEST 249.50 FEET; THENCE PARALLEL TO THE NORTHERLY LINE OF SAID SOUTHERLY 468.50 FEET OF LOT 13, SOUTH 89°54'30" EAST 180.55 FEET TO A POINT ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 630.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 79°35'29" WEST, SAID POINT BEING ON THE WESTERLY LINE OF SAID SAXONY ROAD AS VACATED AND CLOSED TO PUBLIC USE PER CITY OF ENCINITAS RESOLUTION NUMBER 2003-61; THENCE NORTHERLY ALONG THE WESTERLY LINE THEREOF AND THE ARC OF SAID CURVE, 3.06 FEET THROUGH A CENTRAL ANGLE OF 00°16'42" TO A POINT ON THE EASTERLY LINE OF SAID LOT 13; THENCE ALONG THE EASTERLY LINE THEREOF NORTH 00°05'30" EAST 246.49 FEET TO SAID NORTHERLY LINE OF THE SOUTHERLY 468.50 FEET OF LOT 13; THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 89°54'30" WEST 180.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM AN EXISTING IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT-OF-WAY TO THE CITY OF ENCINITAS, RECORDED MAY 20, 2004 AS DOCUMENT NUMBER 2004-0464007, OF OFFICIAL RECORDS. LAND Sv NT L. g,9~A6 O No. 7655 rp.12/31/10 440 ' PAGE 1 OF 2 EXHIBIT `A' LEGAL DESCRIPTION "PARCEL B" THAT PORTION OF LOT 13 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927, TOGETHER WITH THAT PORTION OF SAXONY ROAD VACATED AND CLOSED TO PUBLIC USE PER CITY OF ENCINITAS RESOLUTION NUMBER 2003-61, RECORDED OCTOBER 29, 2003 AS DOCUMENT NUMBER 2003-1316240 OF OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF LOT 15 OF SAID HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN DEED TO WALTER J. GAFNER, TRUSTEE OF THE GAFNER MANAGEMENT TRUST DATED NOVEMBER 6, 1991, RECORDED MAY 20, 2004 AS DOCUMENT NUMBER 2004-0464003 OF OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF LOT 1 OF SAID HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN DEED TO WALTER J. GAFNER, TRUSTEE OF THE GAFNER MANAGEMENT TRUST DATED NOVEMBER 6,199 1, RECORDED MAY 20, 2004 AS DOCUMENT NUMBER 2004-0464004 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTHERLY 468.50 FEET OF SAID LOT 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 00°05'30" WEST 249.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 89°54'30" EAST 180.55 FEET TO A POINT ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 630.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 79°35'29" WEST, SAID POINT BEING ON THE WESTERLY LINE OF SAID SAXONY ROAD AS VACATED AND CLOSED TO PUBLIC USE PER CITY OF ENCINITAS RESOLUTION NUMBER 2003-61; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 137.81 FEET THROUGH A CENTRAL ANGLE OF 12°31'59"; THENCE SOUTH 22°56'30" EAST 4.16 FEET TO A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 67°03'30" EAST; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 35.77 FEET THROUGH A CENTRAL ANGLE OF 102°28'43" TO A POINT OF COMPOUND CURVE AND THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1330.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 10°27'47" EAST, SAID POINT BEING ON THE NORTHERLY LINE OF LEUCADIA BOULEVARD AS DESCRIBED IN DEED TO THE CITY OF ENCINITAS RECORDED MAY 20, 2004 AS DOCUMENT NUMBER 2004-0464005 OF OFFICIAL RECORDS; THENCE L PAGE 2 OF 2 EXHIBIT `A' LEGAL DESCRIPTION "PARCEL B" (Continued) WESTERLY ALONG THE ARC OF SAID CURVE AND NORTHERLY LINE OF LEUCADIA BOULEVARD 208.49 FEET THROUGH A CENTRAL ANGLE OF 08°58'54" TO A POINT ON THE WESTERLY LINE OF SAID LOT 13, SAID POINT BEING THE SOUTHEASTERLY CORNER OF SAID LAND DESCRIBED IN DEED TO WALTER J. GAFNER, TRUSTEE OF THE GAFNER MANAGEMENT TRUST DATED NOVEMBER 6, 1991, RECORDED MAY 20, 2004 AS DOCUMENT NUMBER 2004-0464003 OF OFFICIAL RECORDS; THENCE CONTINUING WESTERLY ALONG THE ARC OF SAID CURVE 36.42 FEET THROUGH A CENTRAL ANGLE OF 01°34'08"; THENCE NORTH 89°54'45" WEST 63.59 FEET; THENCE NORTH 00°05'30" EAST 71.51 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND DESCRIBED IN DEED TO WALTER J. GAFNER, TRUSTEE OF THE GAFNER MANAGEMENT TRUST DATED NOVEMBER 6, 1991, RECORDED MAY 20, 2004 AS DOCUMENT NUMBER 2004-0464003 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 89°54'30" EAST 100.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 13; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 00°05'30" EAST 114.00 FEET TO THE TRUE POINT OF BEGINNING. LAND SU , L. 901 O * No17655 Exp. 2/31/10 C~o DF CALIPH I OF 1 EXHIBIT B CERI/FlCA1F OF COMPLIANCE CASE NO. 09-037 8A10P Lo7 Lt7T i~ P.O.B. APNj 264-382-66 NW'L r CORNER, SL Y , 468.50 LOIT 13, MAP 1992 N 89 54 30 W 170.00 10.00 APNs 264-302-33 - 20, ~ F LBUILDING 9 TSETBACK 1 APN F- DATA TABLE U R RADIUS BRGIDaTA LENGTH Cl 20.00' 10278'43' 35.77' C2 1330.00' 01'34'08' 36.42' C3 63Q00' 007642' J06' C4 630.00' 12;31'59' 13781' Ll - N2236'30'W 4.16' C^' V I ° I APNi 264- 302-70o Z P APNi 264- 36*2-2 ' LINE (TT.) I 264-362-34 I PARCEL A ~ S 89'54'30' E ono Pal, LOT 13 ! o r N ~~~1A~ 1~~~v~iA Mot- 1 I °o ° EXISTING IRREVOCABLE OFFER L TP.O.B. 4crrr, LO DEDICATE PUBLIC RIGHT N 89'54'30' W -18OF WAY TO THE CITY OF ENCINITA~ RECORDED MAY 20, 2004 AS DOCUMENT NO. oo p 2004-0464007, OF O.R. . BUILDING DETAIL APNj 264-382-211212 SETBACK A v LINE (TYP.) N89'54'30'W ~C4 ; 100.00 PA Rc.E `o I . N 67b3'30' EIR t~t"-lA T, 254-362-78 t o AF102747 W R 1 Cl 4_8'58 N89-544,V-C2-1--L 2 0 8.4 9 _70' 63.59 R=1 330-00 70 LOT I '15' E (R)j ~N 0178'53 BOj~VARD - - N t NW _ EU N 1, l N 8954 ~MU D r%FJR? DA VINCENT G SAMPO, LS 7655 REGISTRATION EXPIRES 12-31-10 -WA?YW-CAW 1) A Y 1 "-80' 0 40 80 160 W p g~ x N79'S2'11"E Rl j 7935_29 0 C;l {Vz