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2018-186537 When Recorded Mail To ) DOC# 2018-0186537 And Recording Requested By: May 09, 2018 12:00 PM OFFICIAL RECORDS City Clerk ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER City of Encinitas ) FEES: $32.00 505 S. Vulcan Avenue ) (SB2 Atkins: $0.00) Encinitas, CA 92024 ) PAGES: 7 SPACE ABOVE FOR RECORDER'S USE 7 NOT APPROVED FOR DEVELOPMENT CERTIFICATE OF COMPLIANCE \�0 (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 Compliance corrects the lot lines between three existing legal parcels of record located at 215 Andrew Avenue, 1873 Wilstone Avenue, and 1857 Wilstone Avenue (APN 216-053-38/40/46). There was an error in the legal descriptions and the dimensions in the recorded grant deed. The lots, as described in the recorded deeds were shifted 20 feet to the north. The new legal descriptions recorded with the grant deeds and with the Certificate of Compliance is now consistent with the Division of Land Plat, recorded as part of a land division per San Diego County Division of Land Plat No. 216-053-5 filed in 1969. Parcels in the Residential 3 (R-3) zone are required to have a minimum lot area of 14,500 square feet with a minimum 80-foot lot width by 100-foot lot depth. All three parcels comply with the Residential 3 (R- 3) zone lot dimension requirements. The property located at 215 Andrew Avenue (11,959 square feet) and 1873 Wilstone Avenue (10,050 square feet) are nonconforming in lot area and only the property at 1857 Wilstone Avenue (15,511 square feet) meets all development dimensions and area. The lots were created prior to the City of Encinitas incorporation and the correction to grant deeds will not increase the nonconformity of lot size. All three parcels are developed with a single-family residence. The R-3 zoning requires a 25-foot front and rear yard setbacks, a 10-foot side yard setback, and 35 percent lot coverage. The property at 1857 Wilstone Avenue has a nonconforming side yard setback on the north property line (nine feet) and the property at 215 Andrew Avenue has a nonconforming rear yard setback on the east property line (23.44 feet). All three properties have conforming lot coverages: 215 Andrew Avenue lot coverage of 15 percent; 1873 Wilstone Avenue lot, coverage of 13.4 percent; and 1857 Wilstone Avenue lot coverage of 19 percent. With the grant deed correction and the filing of the Certificate of Compliance, each residence will meet the setback requirements, except the existing nonconforming setbacks as discussed above, and is in compliance with all development regulation of the R-3 zone. PBD\DH\TAC0C\18-073 COQ1873 WilstoneAve).docx .Owner/Applicant: Iris H. Peterson Legal Descriptions: (See Exhibit"A", 3 Sheet attached) Plat Map: (See Exhibit`B", 1 Sheet attached) 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: 18-073 COC ,� ,/ Assessor's Parcel Numbers: 216-053-38,-40, &-46 Date: May 8, 2018 BY: �Ro Sa kcinitas'u, City Planner Cit y f (Notarizati of City signature attached.) PBD\DH\T:\COC\18-073 COC(1873 WilstoneAve).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 California ) County of On b -9 —Z©( g before me, e1G� - St m6n o r"V Date n Here Insert Name an Title of the dfficer personally appeared sop C� U Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be t person(s) whose name(s)(is are Ohe cribed to the within instrument and acknodged to me that he she/they executed the same in er/their authorized capacity(ies),and that bhisyher/their signature s)on the instrument the person(s), 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. ANGELA A. SIMON WITNESS my hand and official seal. Comm.#2182396 ,n (� NOTARY PUSUC•CAUFORNIA ^► ` SAN DIEGO COUNTY MY Comm.UP.MAR.2,2421"' Signature S nature of Notary Public 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 r r EXHIBIT "A" CORRECTED DESCRIPTION APN 216-053-38 PARCE 1: 9(T AA) -e-W L The Northerly 139.00 feet of that portion of Eatonville, in the City of Encinitas, County of San Diego, State of California, according,to Map thereof No. 513, filed in the Office of the County Recorder of San Diego County, March 20, 1888, being a portion of the South Half of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875,described as follows: Commencing at the intersection of the Southerly line of said Section 33, with the Easterly line of Vulcan Avenue as shown on said Map No. 513; thence along said Southerly line North 89 058'45" East (Record = North 89 058'30" East)', 545.94 feet to the Southwesterly comer of land described in deed to George H. Tyson, et ux, recorded June 13, 1934 in Book 303, Page 219_of Official Records and the True Point of Beginning; thence along the boundary of said Tyson's Land as follows: North 15°43'35"West, 405.69 feet; North 74 013'45" East (Record = North 74 014'45" East), 247.48 feet; South 15 043'45" East, 475.42 feet to the Southerly line of said Section 33; and along said Southerly line South 89°58'45" West, 257.08 feet to the True Point of Beginning. Excepting therefrom the Westerly 127.00 feet. PARCEL 2: An easement for private road purposes over, along and across a strip of land 40.00 feet in width, lying within a portion of Eatonville, in the County of San Diego, State of California, according to Map thereof No. 513, filed in the Office of the County Recorder of San Diego County, March 20, 1888, being a portion of the South Half of Section 33, Township-12 South, Range 4-West,-San-Bemardino Base and-Meridi4n, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875,the center line of said strip being described as follows: Commencing at the intersection of the Southerly line of said Section 33,with the Easterly line of Vulcan Avenue as shown on said Map No. 513; thence along said Southerly line North 89°58'45" East, 545.94 feet to the Southwesterly corner of land described in deed to George H. Tyson, et ux, recorded June 13, 1934 in Book 303, Page 21.9 of Official Records; thence continuing North 89°58'45" East, 107.74 feet to the True Point of Beginning, being a point in the arc of 200.00 foot radius curve, concave Easterly, a radial line of said curve bears South 74 01115"West to said point; thence Northerly along the arc of said curve through a central angle of 19°43'52", a distance of 68.87 feet to the beginning of a reverse 200.00 foot radius curve; thence Northerly along the arc of said curve through a central angle of 19038'42", a distance of 68.57 feet to the Point of Tangency in the Easterly line of the Westerly 127.00 feet of said Tyson's Land; thence along said Easterly line North 15°43'35"West, 300.00 feet to the Northerly line of said Tyson's Land. Said easement to terminate Southerly in the Southerly line of said Section 33 and to terminate Northerly in the Northerly line of said Tyson's Land. Excepting therefrom that portion lying within Parcel 1 hereinabove described. ONPL LA/�p T� Prepared by: 7-22-2075 PLS 8548 Blake E. Torgersen, PLS 8548 Date 9TF � CA��FO�� EXHIBIT "A" CERTIFICATE OF COMPLIANCE DESCRIPTION APN 216-053-40 7 w, S�3` ' AvE- PARCEL 1: The Southerly 100.00 feet of the Northerly 239.00 feet of that portion of Eatonville, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 513, filed in the Office of the County Recorder of San Diego County, March 20, 1888, being a portion of the South Half of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, described as follows: Commencing at the intersection of the Southerly line of said Section 33,with the Easterly line of Vulcan Avenue as shown on said Map No. 513; thence along said Southerly line North 89°58'45" East(Record = North 89 058'30" East),' 545.94 feet to the Southwesterly comer of land described in deed to George H. Tyson, et ux, recorded June 13, 1934 in Book 303, Page 219 of Official Records and the True Point of Beginning; thence along the boundary of said Tyson's Land as follows: North 15°43'35"West, 405.69 feet; North 74 013'45" East(Record = North 74°14'45" East), 247.48 feet; South 15 043'45" East, 475.42 feet to the Southerly line of said Section 33; and along said Southerly line South 89°58'45"West, 257.08 feet to the True Point of'Beginning. Excepting therefrom the Westerly 127.00 feet. PARCEL 2: An easement for private road purposes over, along and across a strip of land 40.00 feet in width, lying within a portion of Eatonville, in the County of San Diego, State of California, according to Map thereof No. 513, filed in the Office of the County Recorder of San Diego County, March 20, 1888, being a portion of the South Half of Section 33, Township 12 South, Range 4 West, San Bemardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875,the center line of said strip being described as follows: Commencing at the intersection of the Southerly line of said Section 33, with the Easterly line of Vulcan Avenue as shown on said Map No. 513; thence along said Southerly line North 89 058'45" East, 545.94 feet to the Southwesterly corner of land described in deed to George H. Tyson, et ux, recorded June 13, 1934 in Book 303, Page 219 of Official Records; thence continuing North 89°58'45"East, 107.74 feet to the True Point of Beginning, being a point in the arc of 200.00 foot radius curve, concave Easterly, a radial line of said curve bears South 74 011'15"West to said point; thence Northerly along the arc of said curve through a central angle of 19 043'52", a distance of 68.87 feet to the beginning of a reverse 200.00 foot radius curve; thence Northerly along the arc of said curve through a central angle of 19 038'42", a distance of 68.57 feet to the Point of Tangency in the Easterly line of the Westerly 127.00 feet of said Tyson's Land; thence along said Easterly line North 15°43'35"West, 300.00 feet to the Northerly line of said Tyson's Land. Said easement to terminate Southerly in the Southerly line of said Section 33 and to terminate Northerly in the Northerly line of said Tyson's Land. Excepting therefrom that portion lying within Parcel 1 hereinabove described. 1- L 0�1AAND Prepared by: - �� / 4-02-2075 PLS 8548 Blake E. Torgersen, PLS 8548 Date � 9TF �F CA��FO� EXHIBIT "A" CORRECTED DESCRIPTION APN 216-053-46 PARCEL 1: That portion of Eatonville, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 513,filed in the Office of the County Recorder of San Diego County, March 20, 1888, being a portion of the South Half of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, described as follows: Commencing at the intersection of the Southerly line of said Section 33,with the Easterly line of Vulcan Avenue as shown on said Map No. 513; thence along said Southerly line North 89 058'45" East (Record = North 89 058'30" East), 545.94 feet to the Southwesterly comer of land described in deed to George H. Tyson, et ux, recorded June 13, 1934 in Book 303, Page 219 of Official Records and the True Point of Beginning; thence along the boundary of said Tyson's Land as follows: North 15 043'35"West, 405.69 feet; North 74 013'45" East (Record = North 74 014'45" East), 247.48 feet; South 15°43'45" East, 475.42 feet to the Southerly line of said Section 33; and along said Southerly line South 89 058'45" West, 257.08 feet to the True Point of Beginning. Excepting therefrom the,Westerly 127.00 feet. Also Excepting therefrom the Northerly 339.00 feet. PARCEL 2: An easement for.private road purposes over, along and across a strip of land 40.00 feet in width, lying within-a portion-of Eatonville,-in the County-of San Diego, State of California,-according to Map-thereof No. 513, filed in the Office of the County Recorder of San Diego County, March 20, 1888, being a portion of the South Half of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, the center line of said strip being described as follows: Commencing at the intersection of the Southerly line of said Section 33,with the Easterly.line of Vulcan Avenue as shown.on said Map No. 513; thence along said Southerly line North 89 058'45" East, 545.94 feet to the Southwesterly comer of land described in deed to George H. Tyson, et ux, recorded June 13, - . 1934 in Book 303, Page 219 of Official Records; thence continuing North 89 058'45" East, 107.74 feet to the True Point of Beginning, being a point in the arc of 200.00 foot radius curve, concave Easterly, a radial line of said curve bears South 74 011'15"West to said point;. thence Northerly along the arc of said curve through a central angle of 19°43'52", a distance of 68.87 feet to the beginning of a reverse 200.00 foot radius curve; thence Northerly along the arc of said.curve through a central angle of 19 038'42", a distance of 68.57 feet to the Point of Tangency in the Easterly line of the Westerly 127.00 feet of said Tyson's Land; thence along said Easterly line North 15 043'35"West, 300.00 feet to the Northerly line of said Tyson's Land. Said easement to terminate Southerly in the Southerly line of said Section 33 and to terminate Northerly in the Northerly line of said Tyson's Land. Excepting therefrom that portion lying within Parcel 1.hereinabove described. ONE L,ql� T Prepared by: �rn / -22-2075 PLS 8548 Blake E. Torgersen, PLS 8548 Date 9TF � CA��F���. EXHIBIT "B" CERTIFICATE OF COMPLIANCE PLAT (APN 216-053-40) 241 / N APN w o / 216-053-50 �, APPROVED BOUNDARY LOCATION PER BOUNDARY LINES PER CURRENT DEEDS DIVISION OF LAND ' PLAT 216-050-8 TO BE REMOVED BY N NEW QUIT-CLAIM DEEDS o �, APN \ °o ° APN ° 216-053-51 1 $ 216-053-07 APN <N, o N 216-053-52 �p , APN $ N c°r ��pR�v. m C 216-053-47 L 40 o sMT. \pNP�- 'vV0 S E Flo-E �G �`�� E' T ORcFG�'G APN m w m Z S 216-053-53 I APN a' PLS 8548 � I 216-053-46 n? SCALE. 1,�--100 Q 0 100 200 ' S 89 058'45"W 257.08' NOTES: THE DIMENSIONS SHOWN HEREON ARE BASED ON DIVISION OF LAND PLAT NO. 216-050-8,APPROVED BY THE COUNTY OF SAN DIEGO PLANNING DEPARTMENT IN 1970, AND CURRENTLY ON FILE IN THE CITY OF ENCINITAS DEVELOPMENT SERVICES DEPARTMENT, PLANNING DIVISION. THE DISTANCE ALONG THE EASTERLY SIDE OF THE DIVISION OF LAND PLAT, BETWEEN THE SOUTHEASTERLY CORNER AND THE SIDELINE OF ANDREW AVENUE, IS SHOWN INCORRECTLY ON SAID PLAT AS 475.42 FEET, WHICH IS THE DISTANCE TO THE CENTERLINE OF ANDREW AVENUE. THE CORRECT DISTANCE FROM THE SOUTHEASTERLY CORNER TO THE SIDELINE OF ANDREW AVENUE IS 455.42 FEET, AS SHOWN ON THE PRIOR DIVISION OF LAND PLAT NO. 216-053-5. INC- MAP APN: 5 TORGERSEN SURVEYING , REFERENCE: MAP 5113 3 \A,. °. 1012 MAR VISTA DR, VISTA, CA 92081 SURVEY DATE: N/A 619-535-8674 1 TORGSURV @GMAIL.COM DRAWING DATE: 4-02-2018 1873 WILSTONE AVENUE JOB # 1741 CERTIFICATE OF COMPLIANCE SHEET 1 of 1