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
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No. 7655
rp.12/31/10
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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
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* No17655
Exp. 2/31/10
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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,
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LBUILDING 9
TSETBACK
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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-
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° 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
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