2015-359631 DOC# 2015-0359631
8�' IIIII IIIII II II IIII IIII IIII I IIIII I I III I III I IIIII I I III II
When Recorded Mail To ) l Jul 09, 2015 11 34 AM
OFFICIAL RECORDS
And Recording Requested By* ) Ernest J Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $3600
PAGES 8
City Clerk )
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
NOT APPROVED FOR DEVELOPMENT
CERTIFICATE OF COMPLIANCE
(Section 66499.35 of the Government Code)
IN COMPLIANCE:
G The Planning and Building Department of the City of Encinitas has determined that the parcels of
real property described below have been divided or has resulted from a division in compliance
with the Subdivision Map Act and with provisions of the City of Encinitas Municipal Code. The
parcel 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
This Certificate of Compliance is for purposes of determining legal parcels for Parcels A, B, and
C. The underlying parcels as described herein (Exhibit "A") have been divided into three separate
parcels per San Diego County Division of Land Plat Recording Nos 56725 and 71595. The
parcels were lawfully approved through the County of San Diego, however, the legal descriptions
on the grant deeds were never updated. This Certificate of Compliance corrects the legal
descriptions to match the division of land.
All underlying parcels are located within the Residential 3 (R-3) zone where the minimum lot area
requirement is 14,500 sq. ft. with the minimum lot dimension requirements of 80 ft. in width and
100 ft. in depth. The resulting parcels will comply with these standards except for Parcel B. Parcel
B consists of 13,096 sq ft. of net lot area and a 73-foot lot width, both are less than the minimum
standards. Since this parcel was lawfully created, it is legally nonconforming.
The R-3 minimum interior side yard setback standard is 10 ft. Parcel A includes a 7-foot interior
side yard setback which does not meet the minimum requirements. The building was lawfully
constructed and therefore has a legally nonconforming setback.
Owner/Applicant: Laddie D Pottorff and Eleanor L. Pottorff, owner of Parcel A
Cathy Lynn Rhine, Successor Trustee of the Hoehn Family Trust August
17, 1990, owner of Parcels B and C
Legal Description: See attached Exhibit"A" (5 Sheets attached)
Plat Map: See attached Exhibit"B" (1 Sheet attached)
NOTE: The legal descriptions in Exhibit "A" and the plat map in Exhibit "B" are provided by the
owners of the property, and neither the City of Encinitas nor any of its officers or employees
assumes any responsibility for the accuracy of said descriptions or plat.
PBD\AY\-RCOC\15-137 COC
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. 15-137 COC ,/
Assessor Parcel mber 254-090-45 and -46
Date: ly 7, 201
BY:
NM&Keet nu, AICP
Deputy Director
PBD\AY\T\COC\15-137 COC
EXHIBIT
EASEMENT IN FAVOR OF SDGE 20' WIDE PRIVATE ROAD EASEMENT
RECORDED ON FEBRUARY 3, 1976 RECORDED ON FEBRUARY 16, 1962
AS DOC NO 76-032601 OR AS DOC NO 27746 OR
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100.00' 10.00' 115.3 '20.1' 2 r
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GARAGED
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EXISTING RESIDENCE ° ,
i � PARCEL B' � �O ExISTI�NG N����00
3 ° 14,467 SF QROSS 3 �S RESIDENCE pgR( L 'C'
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THIS PLAT IS CONSISTENT WITH THE �ANp
COUNTY OF SAN DIEGO APPROVED DIVISION
OF LAND PLAT NO 254-090-3 FILED ON U�?�No 7655 0�0
OCTOBER 6, 1966 J
•- SAMPO ENGINEERING, INC. s k�• n �Q' 1"=50'
1/1 5AXUNY HUAU ST 21J ENCINIIAS, CA F
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TEL (760)436-0660 FAX (760)436-0659 TF�F 0 25 50 100
JN 15-116 FRAZZE / 15-129 RHINE 07108115
EXHIBIT `A'
PARCEL A
PARCEL L
THAT PORTION OF LOTS 4 AND 5 IN BLOCK 8 OF NORTH LEUCADIA, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, APRIL 6, 1888, TOGETHER WITH PORTIONS OF EOLUS AVENUE
AND PACIFIC STREET AS SHOWN ON SAID MAP NO. 524 AS VACATED AND CLOSED
TO PUBLIC USE ON NOVEMBER 19, 1915 BY ORDER OF THE BOARD OF SUPERVISORS
OF SAN DIEGO COUNTY AND RECORDED IN BOOK 37, PAGE 56 OF SUPERVISOR'S
RECORDS, BEING DESCRIBED AS A WHOLE AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 36 OF AVOCADO ACRES
NO. 3, ACCORDING TO MAP THEREOF NO. 2063, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 3, 1927; THENCE ALONG
THE NORTHERLY LINE OF SAID NORTH LEUCADIA, NORTH 89 058'30" EAST; 126.40
FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO
WALTER J HOEHN, ET UX,RECORDED MARCH 10, 1964 AS FILE NO. 43915 AND THE
TRUE POINT OF BEGINNING, THENCE ALONG THE WESTERLY BOUNDARY OF
SAID HOEHN'S LAND AS FOLLOWS: SOUTH 6°26'00"EAST 86.85 FEET AND SOUTH
10 051'00" EAST 144.62 FEET, MORE OR LESS, (DEED = 163.17 FEET, MORE OR LESS)
TO THE CENTER LINE OF SAID PACIFIC STREET;THENCE ALONG SAID CENTERLINE
NORTH 74 044'20" EAST 79.51 FEET; THENCE NORTH 03°28'55"WEST 207.84 FEET, TO
THE NORTHERLY LINE OF SAID NORTH LEUCADIA DISTANT THEREON 101.04 FEET
FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE
SOUTH 89 058'30" WEST 101.04 FEET TO THE TRUE POINT OF BEGINNING
CONTAINS 20,108 SQUARE FEET, MORE OR LESS.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES AND FOR UTILITY LINES
AND INCIDENTS THERETO,TO BE USED IN COMMON WITH OTHERS,OVER,UNDER,
ALONG, AND ACROSS THAT PORTION OF THE NORTHERLY 20.00 FEET OF LOTS 4
AND 5 IN BLOCK 8 OF NORTH LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 524, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,APRIL 6, 1888,
LYING EASTERLY OF THE EASTERLY LINE OF PARCEL 1 HEREINABOVE DESCRIBED
AND LYING WESTERLY OF THE WESTERLY LINE OF COUNTY ROAD SURVEY NO.
479 (40 FEET WIDE)ACCORDING TO PLAT THEREOF ON FILE IN THE OFFICE OF THE
COUNTY SURVEYOR OF SAN DIEGO COUNTY
RESERVING FROM PARCEL 1 HEREINABOVE DESCRIBED AN EASEMENT AND
RIGHT OF WAY FOR ROAD PURPOSES AND FOR UTILITY LINES AND INCIDENTS
THERETO, TO BE USED IN COMMON WITH OTHERS, OVER, UNDER, ALONG, AND
ACROSS THE NORTHERLY 20 00 FEET THEREOF.
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EXHIBIT `A'
PARCEL B
PARCEL 1:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF SAID SECTION 4, DISTANT
THEREON NORTH 89 058'30"EAST 1760.53 FEET FROM THE NORTHWEST CORNER OF
AVOCADO ACRES NO. 2, ACCORDING TO MAP NO. 1802, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID NORTHERLY
LINE NORTH 89 058'30" EAST 101.04 FEET TO THE TRUE POINT OF BEGINNING,
THENCE SOUTH 3 028'55"EAST 207.84 FEET TO A POINT ON THE SOUTHERLY LINE
OF THE LAND DESCRIBED IN DEED TO CHESTER S.MCFARLAND,ET UX,RECORDED
AUGUST 4, 1944 IN BOOK 1706, PAGE 430 OF OFFICIAL RECORDS, BEING ALSO A
POINT IN THE CENTERLINE OF PACIFIC STREET AS SAID STREET IS SHOWN ON MAP
NO 524 OF NORTH LEUCADIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUNTY; THENCE NORTH 74°44'20" EAST ALONG SAID
CENTER LINE 79.00 FEET; THENCE NORTH 06 002'02"WEST 187.73 FEET TO THE
NORTH LINE OF SAID SECTION 4 DISTANT THEREON 69.10 FEET FROM THE TRUE
POINT OF BEGINNING; THENCE SOUTH 89°58'30" WEST 69.10 FEET ALONG SAID
NORTH LINE SECTION 4 TO THE TRUE POINT OF BEGINNING.
CONTAINS 14,487 SQUARE FEET, MORE OR LESS.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES AND FOR UTILITY LINES
AND INCIDENTS THERETO,TO BE USED IN COMMON WITH OTHERS,OVER,UNDER,
ALONG, AND ACROSS THAT PORTION OF THE NORTHERLY 20.00 FEET OF LOTS 4
AND 5 IN BLOCK 8 OF NORTH LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 524, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,APRIL 6, 1888,
LYING EASTERLY OF THE EASTERLY LINE OF PARCEL 1 HEREINABOVE DESCRIBED
AND LYING WESTERLY OF THE WESTERLY LINE OF COUNTY ROAD SURVEY NO
479 (40 FEET WIDE)ACCORDING TO PLAT THEREOF ON FILE IN THE OFFICE OF THE
COUNTY SURVEYOR OF SAN DIEGO COUNTY.
RESERVING FROM PARCEL 1 HEREINABOVE DESCRIBED AN EASEMENT AND
RIGHT OF WAY FOR ROAD PURPOSES AND FOR UTILITY LINES AND INCIDENTS
THERETO, TO BE USED IN COMMON WITH OTHERS, OVER, UNDER, ALONG, AND
ACROSS THE NORTHERLY 20.00 FEET THEREOF.
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EXHIBIT `A'
PARCEL C
PARCEL 1:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS-
BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID SECTION 4, DISTANT
THEREON NORTH 89 058'30"EAST 1760.53 FEET FROM THE NORTHWEST CORNER OF
AVOCADO ACRES NO. 2, ACCORDING TO MAP NO. 1802, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID NORTHERLY
LINE NORTH 89 058'30" EAST 170.14 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 6 002'02"EAST 187.73 FEET TO A POINT ON THE SOUTHERLY LINE
OF THE LAND DESCRIBED IN DEED TO CHESTER S.MCFARLAND,ET UX,RECORDED
AUGUST 4, 1944 IN BOOK 1706, PAGE 430 OF OFFICIAL RECORDS, BEING ALSO A
POINT IN THE CENTER LINE OF PACIFIC STREET AS SAID STREET IS SHOWN ON MAP
NO. 524 OF NORTH LEUCADIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUNTY; THENCE NORTH 74°44'20" EAST ALONG SAID
CENTERLINE 135.01 FEET TO A POINT IN THE WESTERLY LINE OF THE 40.00 FOOT
WIDE COUNTY ROAD KNOWN AS ROAD SURVEY N0. 479, FILED IN THE OFFICE OF
THE COUNTY SURVEYOR OF SAID COUNTY; SAID POINT ON THE ARC OF A CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 1020.00 FEET,A RADIAL TO SAID POINT
BEARS SOUTH 73 017'21"WEST; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE AND SAID WESTERLY LINE OF EOLUS AVENUE 66.06 FEET THROUGH
A CENTRAL ANGLE OF 03°42'39";THENCE NORTH 13'00'00"WEST 89 66 FEET ALONG
SAID WESTERLY LINE TO THE NORTH LINE OF SAID SECTION 4 DISTANT THEREON
112.88 FEET FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°58'30"
WEST 112.88 FEET ALONG SAID NORTH LINE OF SECTION 4 TO THE TRUE POINT OF
BEGINNING.
CONTAINS 20,924 SQUARE FEET,MORE OR LESS.
RESERVING FROM PARCEL 1 HEREINABOVE DESCRIBED AN EASEMENT AND
RIGHT OF WAY FOR ROAD PURPOSES AND FOR UTILITY LINES AND INCIDENTS
THERETO, TO BE USED IN COMMON WITH OTHERS, OVER, UNDER, ALONG, AND
ACROSS THE NORTHERLY 20.00 FEET THEROF.
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