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2016-34278 ' DOC# 2016-0034278 When Recorded Mail To And Recording Requested By: ) n ) Jan 26, 2016 04:18 PM r ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER I City Clerk ) FEES: $33.00 City of Encinitas ) PAGES. 7 505 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) 11` 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 has resulted from a division in compliance with the Subdivision Map Act and with 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. Chapter 30.16 (Residential Zones) specifies a minimum lot size of 8,700 square feet (SF) and minimum lot dimensions of 70 feet in width and 100 feet in depth for the subject Residential-5 (R- 5) zone. This Certificate of Compliance applies to the subject parcels in compliance with the required standards pertaining to lot depth (approximately 145 feet for each parcel) and lot area (approximately 9,564 SF for each) but legally nonconforming in regards to lot width (approximately 66 feet for each parcel). Development may be proposed in compliance with all applicable standards of the subject R-3 zone. The COC deems the lots legal and available for development. A portion of the existing single-family home located on Parcel 2 encroaches into the required 10-foot setback along the northern property line and may be maintained per Encinitas Municipal Code Section 30.76 (Nonconformities). This encroachment is rendered legal nonconforming since the single-family home was originally built prior to the City's incorporation in 1986. EMC Section 30.76.050 permits the applicant to maintain the existing legal nonconformity so as long as it is not enlarged, relocated or increased in intensity. This COC does not create or enlarge the structural nonconformity since the purpose of the COC was to determine the legal lot status of the two underlying lots that were legally created as Map No. 2141 dated December 28, 1928. Owner/Applicant: Anne B. Davis, Trustee of the Anne B. Davis Family Trust, dated October 9, 1987 as amended and restated on October 6, 2004 Legal Description: See attached Exhibit"A"— Parcels 1 and 2 (2 sheets) Plat Maps: See attached Exhibit"B" (2 sheets) NOTE: The legal descriptions in Exhibit "A" is provided by the owner of the property, and neither the City of Encinitas nor any of its officers or employees assumes any responsibility for the accuracy of said description or plat. PBD\JD\T\COC\14-033 COC Davis.doc 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.: 14-033 COC Assessor Parcel Number 258-233-46-00 Date: December 15, 2 15 BY: Ma eet Ranu, AICP, Acting Director of Planning and Building PBD\JD\T\COC\14-033 COC Davis.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Cal'_ rnia ) County of Q ) On 0� before me, ' a% Date Here Insert nd Title of the Offi r personally appeared O \ ' �- ame(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. rZoe, DE GAY WITNESS m an nd official seal. Commission#2037575 Z _ Notary Public-California Z p:;;s Z"" San Diego County Signature M Comm.E res 23 Z017 Signature of Notary Pu Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: .1 Corporate Officer — Title(s): C I Corporate Officer — Title(s): 'L_11 Partner — ❑ Limited ❑ General [] Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact Trustee ❑ Guardian or Conservator C1 Trustee ❑ Guardian or Conservator 7 Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 s y r X43 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 THE NORTH HALF OF LOT 7, BLOCK "E", OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1928. CONTAINS 9,564 SQUARE FEET MORE OR LESS. d LAND C q-17'I5, � LES SEAN C. kZLERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS, INC. m L. S 7959 ' OF ca�� SHEET 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 2 THE SOUTH HALF OF LOT 7, BLOCK "E", OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1928. CONTAINS 9,564 SQUARE FEET MORE OR LESS. � LAND LES SEAN C. E LERT, L.S. 7959 DATE �`z COASTAL LAND SOLUTIONS, INC. L.S 7c g m s? � OF cap SHEET l OF I EXHIBIT V SHEET 1 OF 2 GERT 1 F I GATE OF GOMFL l ANGE APN: 258-233-46 ADDRESS: 806 STRATFORD AVENUE, ENCINITAS, CA LEGAL DESCRIPTION: THE NORTH HALF AND SOUTH HALF OF LOT 7, BLOCK "E", OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP THEREOF NO . 2141, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON DECEMBER 24, 1928 . OWNER: ANNE B . DAVIS FAMILY TRUST ANNE B . DAVIS, TRUST E ANNE B . DAVIS FAMILY TRUST PREPARED BY: �c��S�PFtLES m SEAN C . NGLERT DATE L.S. 7959 IL S COASTAL LAND SOLUTIONS,INC. L . S . 7959 577 SECOND STREET ���OF CA�1F ENCINITAS, CA 92024 (760) 230-6025 FAX (760) 230-6026 CLS#1176 EXHM j V SHEET 2 OF 2 CERT I F 10ATE OF COMPLIANCE PLAT F L@U 0 � ° [v10O o 13949 I N89 '50'52"E 144.92' --------------- --1 SCALE: I "=40 ' I I SETBACK-7 - I ° LINE I (� CD 20 ' 20' I 4 I Q°OoCaJo PARCEL 1 I I G�{� �� ��y {� lf7 C5 ll 2dJC5c�J aOQ W U uu ll�� I Lo O Lo O m 6 ' WIT`Il to cO 11! 25' I i } mI --------------------- 3 I N89 '50'56"E 144.92' Lou s4 N Q 3 I SETBACK LINE--* -_ m m 1 25 O-- i6u— ll lfll W-2-- -2 �V� i X O I A in o I I L00 4�7 �<v t 29.5 Z !O� .°°• I I GUEST �~ 00 PARCEL 2 HOUSE 2� i H cn ±53. 11 X � WOOD---- --- -------- :±-- 25' 1 N FENC N89 '51 '00"E 144.91 ' I LOU NOTE: 1. BEARINGS AND DISTANCES DEPICTED HEREON ARE IN TERMS OF RECORD OF SURVEY NO. 21925. SEE SAID RECORD OF SURVEY FOR FULL BOUNDARY PROCEDURE. EASEM ANTS: EXISTING ENCUMBRANCES LISTED BELOW ARE PER A PRELIMINARY TITLE REPORT PREPARED BY CALIFORNIA TITLE COMPANY ON JULY 15, 2013. AS ORDER NO. 400-1494288-37. O4 EXISTING S.D.G.& E. EASEMENT RECORDED FEBRUARY 17, 1931 IN BOOK 1866, PAGE 147 OF DEEDS. O5 EXISTING S.D.G.& E. EASEMENT RECORDED MARCH 9, 1976 AS FILE/PAGE 76-068760 OF OFFICIAL RECORDS. �I� LAND SUq` L ES L 4SEAN C NGLERT DATE N L.S. 7959 -' L. S. 7 Q COASTAL LAND SOLUTIONS,INC. � DF CALF 577 SECOND STREET \ ENCINITAS, CA 92024 j PH (760) 23O-W25 CLS#1176 1 FAX (760) 230-6026