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2017-323464 DOC# 2017-0323464 When Recorded Mail To And Recording Requested By: ) Jul 18, 2017 03:37 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES. $33.00 City Clerk ) 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) IN COMPLIANCE: The Development Services 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 Copliance adjusts a lot line between two existing legal parcels of record. Parcel A (APN 257-190-33-00), addressed 2156 Mountain Vista Drive, has a single-family residence and is adjacent to and east of Parcel B. Parcel B, addressed 2162 Mountain Vista Drive (APN 265-401-01-00),`/ also has a single-family residence and a pool on site. Both parcels have a zone designation of Residential 8 (R-8). Section 30.16.010 of the City of Encinitas Municipal Code specifies a minimum net lot area of 5,400 square feet for the R-8 zone. The adjustment to Parcel A will result in a new lot area of 9,721 square feet in size and for Parcel B 24,750 square feet in size. The Residential 8 zone requires a 25-foot front yard setback. The existing setback on Parcel A is nonconforming in that they have less than the 25-foot minimum (21 feet). This setback is legal nonconforming and the boundary adjustment will not increase the nonconformity. The adjusted parcels, except for the nonconformity on Parcel A, will comply with the Encinitas Municipal Code (EMC) development standards, for setbacks, lot sizes, minimum widths, and depths. Owners: James Rusk (Parcel A) and Richard & Julie Timm (Parcel B) Plat Map: See Exhibit"A", 2 Sheets attached Description: See Exhibit"B", 2 Sheets attached NOTE: The legal descriptions in Exhibit "B" and the plat map 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. PBDVDH\T:ACOCV16-308 BACOC(2156-2162MountainVista).docx Case No: 16-308 BA/COC Assessor's Parcel Numbers: 257-190-33 and 265-401-01 Date: July 10, 2017 c BY: K rry usi k, P ncipal Planner Ci o Enci ' s PBD\DH\T:\COC\16-308 BACOC (2156-2162MountainVista).docx 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 Ca' nia County of � 0 Jt�t 1✓ ) On �� \13 ' `� before me, C Na Date He a Insert a and Title of a icer personally appeared 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. D NA GAY WITNESS my h nd a d official s commission M 2037575 ,ate' Notary Public -California San Diego County My Comm. irea 23,2017 Signature+ ignature of Notary P c 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: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXHIBIT "A" BOUNDARY ADJUSTMENT PLAT CITY OF ENCINITAS SCALE: 1' = 60' SHEEP 1 OF 2 SHEETS 0*3 \ N87'25'11"E 303.82' - - 74.30' N 229.52 Oi C� y moo. S o ® 41.8' 3 N o . PARCEL B» a Z APN 265-401-01 PARCEL 'A C1 43000? N873130E 160.00' APN 257-190-33 --A4743 15" R= ' _- L=110.48 I ---- o. o VISTA DRIVE MO CURVE DATA g C1 A=10'40'18" C2 A=4'02'57' R=430.00 R=430.00' L=80.09' L=30.39' LEGAL DESCRIPTION LOT AREAS paS71NG LOT LINE LOT 335 OF MAP NO. 7479 REQ 11-09-1972 PRIOR TO ADJUSTMENT- (TO BE RE)"ED) AND LOT 1 OF MAP 8409 RM 11-12-1976. PARCEL 'A' 7,908 S.F. PROPOSED LOT LINE NOTES PARCEL "W 26.562 S.F. Q E)OSTING SINGLE BEARINGS & DISTANCES SHOYW ON THIS PLAT ARE BASED FAMLY RESIDENCE AFTER AD RJSIMENT: ®E70STING POOL ON RECORD DATA PER MAPS NO. 7479 NO 8109, PARCEL 'A' 9.721 SF. ®E) smr. SPA UNLESS NOTED OTHERNISE PARCEL OW 24,750 S.F. (E)GARAGE EASEMF_NTS SEE SHEET 2 — OWUrS STATEMENT: PARCEL W PREPARED BY: JAMES F. RUSK, II, TRUSTEE Spear & Associates, Inc. LAND JAMES F. RUSK LANG TRUST DATED 10-31-2013 475 Production Street �N J 2156 Mountain Vista Drive San Marcos, CA 92078 Encinitas, CA 92024-3140 760-736-2040 760x580-3669 NO. 6404 This Plat w arr with my knowledge and consent. %P F OF CA11F� JAMES' F. RUSK, II, TRUSTEE RAM J• 6404 1 1 DATE 6-242 EXHIBIT "A" BOUNDARY ADJUSTMENT PLAT CITY OF ENCINITAS SCALE: 1' = 50' SHEET 2 OF 2 SHEETS PARC L "A" \ N 36.2' \ - - - -�--- - � - - �OD 95 J PARCEL "B" 30, o0o X—x—LX NX `U 3 N 1 �- 40P 52'17'W (R) 10.00' –—–—–—–— R= 0519'47' VISTA DRIVE LEGEND EASEMENTS OEXISTING LOT LINE ®EASEMENT FOR LANDSCAPE PURPOSES (TO BE REMOVED) REC. 10-17-1979 AS DOC. NO. 79-434034 O.R. PROPOSED LOT LINE ®EASEMENT FOR MONUMENT SIGN (3)EXISTING SINGLE REC. 5-05-1981 AS DOG N0. 81-138236 O.R. FAMILY RESIDENCE ®E)4S71NG POOL ®EXSTING SPA ©EXISTING METAL FENCE EXISTING RETAINING WALL ®EXISTING OVERHANG Q9 EXISTING COVERED PATIO ®PROPOSED FENCE FOR POOL ENCLOSURE OWNERS STATEMENT: PARCEL B" PREPARED BY: RICHARD L TIMM AND JULIE L. TIMM, CO–TRUSTEES, Spear & Associates, Inc. LAND TIMM FAMILY TRUST DTD MAY 11, 1983 475 Production Street �N J. G 2162 Mountain Vista Drive San Marcos, CA 92078 Encinitas, CA 9 4– 760-736-2040 760– 2– N0. 6404 Th' lot w s p wit nowlle�dogee a d–�c`onsent. siYt( LUM O `I t>1 .613A 1A, l9lFOf- Ck\.\ � � -RICHARD L TIMM TRUSTEE OPUE L TIMM TRU J. s DATE 16-242 Zb--C"-V17 EXHIBIT "B" LEGAL DESCRIPTION PARCEL "A" LOT 335 OF VILLAGE PARK UNIT NO. 8, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7479, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 9, 1972, TOGETHER WITH THAT PORTION OF LOT 1 OF VILLAGE PARK TRAILS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8409, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 12, 1976, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE WESTERLY LINE OF SAID LOT 1 SOUTH 16 000'00" EAST 123.88 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, SAID CORNER BEING A POINT ON A CURVE CONCAVE SOUTHERLY TO WHICH A RADIAL LINE BEARS NORTH 09°12'04" WEST; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 02 040'37" A DISTANCE OF 20.09 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 20 044'50" WEST 124.87 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1 DISTANT THEREON NORTH 87 025'11" EAST 9.82 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 87 025'11" WEST 9.82 FEET TO SAID POINT OF BEGINNING. EXCEPTING THEREFROM AN UNDIVIDED 25 PERCENT INTEREST IN ALL MINERALS, OILS, GAS AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER, OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET FROM THE SURFACE, WITHOUT RIGHTS OF SURFACE ENTRY, AS RESERVED BY GENERAL EXPLORATION COMPANY OF CALIFORNIA, A CORPORATION, IN DEED RECORDED SEPTEMBER 21, 1967 AS INSTRUMENT NO. 144559 OF OFFICIAL RECORDS. �NQ S �9, � F U RAMON J.SPEAR Q No. 6404 Page 1 of 2 P�`e OF fc �F0 20 l'1 EXHIBIT "B" LEGAL DESCRIPTION PARCEL "B" LOT 1 OF VILLAGE PARK TRAILS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8409, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 12, 1976. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE WESTERLY LINE OF SAID LOT 1 SOUTH 16 000'00" EAST 123.88 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, SAID CORNER BEING A POINT ON A CURVE CONCAVE SOUTHERLY TO WHICH A RADIAL LINE BEARS NORTH 09°12'04" WEST; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 02 040'37" A DISTANCE OF 20.09 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 20 044'50" WEST 124.87 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1 DISTANT THEREON NORTH 87 025'11" EAST 9.82 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 87 025'11" WEST 9.82 FEET TO SAID POINT OF BEGINNING. ALSO, EXCEPTING THEREFROM AN UNDIVIDED 25 PERCENT INTEREST IN ALL MINERALS, OILS, GAS AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER, OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET FROM THE SURFACE, WITHOUT RIGHTS OF SURFACE ENTRY, AS RESERVED BY GENERAL EXPLORATION COMPANY OF CALIFORNIA, A CORPORATION, IN DEED RECORDED SEPTEMBER 21, 1967 AS INSTRUMENT NO. 144559 OF OFFICIAL RECORDS. L� �2 RAMON J.SPEAR J No. 6404 Page 2 of 2