2017-139614 DOC# 2017-0139614
When Recorded Mail To
And Recording Requested By: ) Mar 28, 2017 04:22 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $33.00
City Clerk ) PAGES 7
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)
INCOMPLIANCE:
The Planning & Building Department 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.
This Certificate of Compliance corrects the lot lines between three existing legal✓parcels of record.
Parcels A and B, addressed 541, 535, and 545 Fourth Street (APN 258-072-10-00), currently has three
structures and a garage located�n the lot, is adjacent to and north of Parcel C. Parcel C, addressed 551
and 559 (APN 258 072-16-00), has a duplex on the lot. All parcels are in the Downtown Specific Plan
and have a zoning designation of Residential 15 (D-R1 5).
Parcels in the Residential 15 (D-R15) are required to have 5,000 square feet in lot area with a minimum
50 foot lot width by 100 foot lot depth. All three parcels comply with the Residential 15 (D-R15) lot sizes
and dimensions and development may be proposed in compliance with all applicable standards of the
subject D-R15 zone. The Certificate of Compliance deems the lots legal and available for development.
A portion of the existing structures located on all parcels encroach into the required 15-foot front setback
along the western property lines and in the 10-foot rear yard setback along the eastern property lines.
These encroachments are rendered legal nonconforming since the structures were 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.
Owners/Applicant: Joel H. Schwartz & Helen McManus-Schwartz, Owners of Parcel A and B
Encinitas Investments, LLC, Owners of Parcel C
Legal Description: (See Exhibit"A", 3 Sheets attached)
Plat Map: (See Exhibit"B", 1 Sheet attached)
PBD\DH\T:\COC\16-251 C0C(535FourthSt).docx
NOTE: The plat map in Exhibit "B" and the legal descriptions in Exhibit "A" are 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 descriptions or plats.
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: 16-251 COC
Assessor's Parcel Number: 258-072-10 and -16
Date: January 12, 2017
r
BY:
erry Ku 'ak, Senior Planner II
PBD\DH\T:ACOC\16-251 COC(535FourthSt).docx
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
[document notary public or other officer completing this certificate verifies only the identity of the individual who signed the
to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document.
State of California )
County of �
On efore me, �� ��� I�p�a� �V y✓ ,
Date Here Insert Mme and Title o Officer
personally appeared
Name(s) of Signers)
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.
WITNESS m an and official al.
,� DEANA GAY
Commission *2037575
.-� Notary Public-Catlomia Signature
= San Diego County
Comm. t7 Signature of Notary blic
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:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
•Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
• Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 12 IN BLOCK 29 OF ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 148, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY,JUNE 12, 1883, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 12, MAP NO.148;THENCE ALONG
THE NORTHERLY LINE OF SAID LOT 12, NORTH 83°20'15" EAST, A DISTANCE OF 100.37 FEET TO
THE NORTHEASTERLY CORNER OF SAID LOT 12; THENCE ALONG THE EASTERLY LINE OF SAID
LOT 12, SOUTH 06°36'29" EAST, A DISTANCE OF 50.12 FEET TO THE SOUTHEASTERLY CORNER
OF SAID LOT 12; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 12 SOUTH 83°20'46" WEST,
A DISTANCE OF 100.38 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 12; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 12, NORTH 06°36'06" WEST, A DISTANCE OF 50.11
FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 12, BEING THE POINT OF BEGINNING.
CONTAINING 5,030 SQUARE FEET MORE OR LESS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CENTERLINE OF THIRD STREET
ADJACENTTO BLOCK 29, MAP OF 148, BETWEEN "D" STREET AND "E" STREET PER RECORD OF
SURVEY NO. 18946, I.E. NORTH 06°36'53" WEST.
APN: 258-072-10-00
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No.M5
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL B:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 11 IN BLOCK 29 OF ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 148, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, JUNE 12, 1883, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 11, MAP NO.148; THENCE ALONG
THE NORTHERLY LINE OF SAID LOT 11, NORTH 83°20'46" EAST, A DISTANCE OF 100.38 FEET TO
THE NORTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE EASTERLY LINE OF SAID
LOT 11, SOUTH 06°36'29" EAST, A DISTANCE OF 50.13 FEET TO THE SOUTHEASTERLY CORNER
OF SAID LOT 11; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 11 SOUTH 83°21'16" WEST,
A DISTANCE OF 100.38 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 11; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 11, NORTH 06°36'06" WEST, A DISTANCE OF 50.11
FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 11, BEING THE POINT OF BEGINNING.
CONTAINING 5,030 SQUARE FEET MORE OR LESS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CENTERLINE OF THIRD STREET
ADJACENT TO BLOCK 29, MAP OF 148, BETWEEN "D" STREET AND "E" STREET PER RECORD OF
SURVEY NO. 18946, I.E. NORTH 06°36'53" WEST.
APN: 258-072-10-00
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL C:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 10 IN BLOCK 29 OF ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 148, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, JUNE 12, 1883, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 10, MAP NO.148; THENCE ALONG
THE NORTHERLY LINE OF SAID LOT 10, NORTH 83°21'16" EAST, A DISTANCE OF 100.38 FEET TO
THE NORTHEASTERLY CORNER OF SAID LOT 10; THENCE ALONG THE EASTERLY LINE OF SAID
LOT 10, SOUTH 06°36'29" EAST, A DISTANCE OF 50.12 FEET TO THE SOUTHEASTERLY CORNER
OF SAID LOT 10; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 11 SOUTH 83°21'47" WEST,
A DISTANCE OF 100.39 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 10, NORTH 06°36'06" WEST, A DISTANCE OF 50.11
FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 10, BEING THE POINT OF BEGINNING.
CONTAINING 5,031 SQUARE FEET MORE OR LESS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CENTERLINE OF THIRD STREET
ADJACENT TO BLOCK 29, MAP OF 148, BETWEEN "D" STREET AND "E" STREET PER RECORD OF
SURVEY NO. 18946, I.E. NORTH 06°36'53" WEST.
APN: 258-072-16-00
p G
i
No.7655
EXHIBI T "B"
LOT 10, 11 AND 12 IN BLOCK
29, IN THE CITY OF ENCINITAS
MAP NO. 148
I
40 00' 40.00' LOT I3 10.00"10.00
NW CORNER
LOT 12 N837O'15£ 10037' _
— —
MAP NO 148 JOEL H SCHWARTZ AND HELEN
MCMANUS, TRUSTEES OF THE
SCHWARTZ-MCMANUS LIVING TRUST
0
CPARCEL A
NW CORNER
LOT 11 N8370'46£ I0038' a
MAP N0. 148 ti JOEL H. SCHWARTZ AND HELEN
o MCMANUS, TRUSTEES OF THE
SCHWARTZ-MCMANUS LIONC TRUST
o PARCEL B
PORTION OF LOT LINE
N063844"W 1.00' TO BE REMOVED
NW CORNER
LOT 10 N8371'16 E 6285'
MAP N0. 148 N6J2061E 10038'
4' UTILITY EASEMENT PER DOC I
REC. 04-11-1950 IN BK 3576,
PG 54 OR
PARCEL C
SW CORNER I o ENCINITAS INVESTMENTS, LLC
LOT 10 I
MAP NO 148 N8371'47"£ 10039'
LOT 9
�\�pL LSD SG
No. 765 B 0 30 60
lF OF SCALE: 1" = 30'
NO TES.- ✓N: 16-140 121612016
a PO
+ ENGINEERING, INC.
BEARINGS AND DISTANCES CALCULATED PER CERTIFICATE OF COMPLIANCE RECORDED ON JAN, 20,
2009 AS DOC. N0. 2009-0024791 171 SAXONY ROAD, WE 21J, ENOWAS CA 92024
U.: (760)4J6-0660 FAX.. (760)06-0659