Loading...
2017-348106 DOC# 2017-0348106 When Recorded Mail To ) Aug 01, 2017 03:41 PM And Recording Requested By: ) OFFICIAL RECORDS \ ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $27.00 City Clerk ) PAGES. 5 City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE NOT APPROVED FOR DEVELOPMENT did 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 parcel of real property described below has been divided or has resulted from a division in compliance with the Subdivision Map Act and with the 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 parcel may require issuance of a permit or permits, or other grant or grants of approval. This Certificate of Compliance (COC) corrects the legal deescription and consolidates two existing legal lots of record. Assessor Parcel Number(APN) 256-121-33 (referenced herein as Parcel 33), is located at 735 Ocean View Avenue. Parcel 33 is comprised of two underlying legal lots, which includes the portions of Lots 19 and Lot 20 of Map 1791 lying westerly of the Interstate 5 right-of-way. The parcel is developed with a single-family home and accessory unit. The parcel is located within the Residential 3(R-3)zone. Lot 20 of Map 1791 previously included what is now known as Interstate 5 as well as a remnant APN 256-122-45 on the east side of Interstate 5. The Interstate 5 land dedication (File/Page No. 8289) physically divided APNs 256-121-33 and 256-12245 in 1963. Grant Deeds demonstrate the conveyance of Parcel 33 separately in 2012, 2013 and 2016 with the assumption that the lots had been divided. It was the intention (City of Manhattan Beach v. Superior Court (1996) 13 Cal.e 232, 243) of all parties involved that the lots had been divided and two separate parties own the separate parcels, thereby effectively subdividing the land. In 2014, the City of Encinitas issued a building permit (Building Permit No.14-026) to allow construction of an accessory unit on Parcel 33. Pursuant to Government Code Section 66499.34, real property which has been approved for development for the purposes of subdivision (c) of Section 66499.35, and upon request by the person owning the real property or a vendee of such person pursuant to a contract of sale, the local agency shall issue a certificate of compliance for the affected real property. Owners/Applicant: Tyson James White and Michelle White, Trustees of The Michelle & Tyson White Family Trust Legal Description: (See Exhibit"K, 1 Sheet attached) Plat Map: (See Exhibit"B", 1 Sheet attached) NOTE: The plat map in Exhibit "B" and the legal description 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. PBD\AY\T:\COC\17-079 COQ735 Ocean View Ave).docx 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: 17-079 COC Assessor's Parcel Number: 256-121-33 Date: July 25, 2017 BY: W oy a u, Acting City Planner Cit�of Encinitas (Notarization of City signature attached.) PBD\AY\T:\COC\17-079 COQ735 Ocean View Ave).docx EXHIBIT "A" LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 19 AND 20 IN BLOCK 1 OF AVOCADO ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1791, FILED IN THE OFFICE OF THE COUNTY RECORDER FOR SAID SAN DIEGO COUNTY ON APRIL 29, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF SAID LOT 19, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF STATE FREEWAY XI-SD-S-42.5 AS GRANTED BY DIRECTOR'S DEED RECORDED JUNE 4, 1973 AS INSTRUMENT NO. 151544 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. TOGETHER WITH: THAT PORTION OF SAID LOT 20 LYING WESTERLY OF THE OF THE WESTERLY RIGHT OF WAY LINE OF STATE FREEWAY XI-SD-2-A AS GRANTED TO THE STATE OF CALIFORNIA AS PARCEL 2 OF THAT CERTAIN GRANT DEED RECORDED JANUARY 15, 1963 AS FILE/PAGE NO. 8289 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. SAID LAND IS HEREBY CONSOLIDATED INTO ONE LEGAL LOT AND MAY NOT BE CONVEYED SEPARATELY WITHOUT THE FILING AND RECORDATION OF A PARCEL OR FINAL MAP. � SAND SG APN: 256-121-33-00 U{gq G• ROC��`�.e .� F L.S. 7194 ` a N EXP. 12/31/17 a9T� OF CAL���4� 7/19/17 EXHIBIT "B" CERTIFICATE OF COMPLIANCE PLAT CITY OF ENCINITAS DEVELOPMENT SERVICES DEPARTMENT / N / w E WILY R/W HWY, XI-SD-S-42.5 N M / s J N / SCALE : 1" = 40' W U ZONING DESIGNATION : R-3 Q APN : 256-121-33 (V ^ w APPROX.AREA = 9570 SO FT co cg (0.22 AC) POR 3 19 Q To Z .1 LEUCADIA BLVD. A CIO �J N u�i �J N Q Cl ch SITE n0 W N Z p ST. P 0 R. p J LOT 20 w w£w AVE. 5 -' m BILK. 1 VlC/LAITY MAP MAP 1791 NO SCALE R = 500.90' A = 6 008'35" 401 L = 53.71' — 49 y1�VD s�4' S 89 028'49" E 103.28' 00 FOR. `' LOT 21 �'OF CA1"1 0 40 80 TODD C. ROCKWELL L.S. 7194 15008-5 7/21/2017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 [Anotary 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 C rnia ) County of On C)B off' V:47 before me V_ek a� C Date Here Insert NaMe and Title of icer 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. a+DEANA GAY WITNESS my4TaN and official seal. Commission M 2037575 Notary Public-Calilorma i San Diego County Signature M Comm.Expires Au 23,2017 Signature of Notary Pub 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: ©2016 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907