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2019-68981 DOC# 2019-0068981 111111111111111111111111111111111111111111 HE 1111111111111111111 IN When Recorded Mail To ) Feb 26, 2019 04:03 PM And Recording Requested By: ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $38.00 (S132 Atkins: $0.00) PAGES: 9 ) City Clerk ) 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) 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 adjusts the lot lines between three existing legal parcels of record and results in three legal parcels of record. Lots 9 through 11 are currently vacant. Lots 9 and 10 had been developed with a single-family home, which has been demolished and Lot 11 included a pool and flatwork, which have been demolished to accommodate the lot line adjustment. The lots are addressed 2061 Mackinnon Avenue and the Assessor Parcel Numbers (APNs) are 260-394-09-00 and 260-394-11- 00. All three parcels are zoned Residential 11 (R-11) and are within the Scenic/Visual Corridor Overlay Zone, Hillside/Inland Bluff Overlay Zone, and Coastal Zone. The R-11 zone specifies a minimum net lot area of 3,950 square feet in size. The lot line adjustments adjust the lot lines between the three underlying lots from an irregular lot configuration to a regular rectangular configuration that is more consistent with the adjacent properties. Parcel 1 will result in a new net lot area of 4,604 square feet, Parcel 2 with a new net lot area of 4,524 square feet, and Parcel C with a new net lot area of 4,567 square feet. The adjusted parcels will comply with the R-11 development standards of lot area, lot depth, and lot width as well as all setbacks. Owners: Richard, James and William Gaupsas Descriptions: See Exhibit"A", 4 Sheets attached Plat Map: See Exhibit"B", 2 Sheets attached NOTE: The legal descriptions in Exhibits"A" and the plat map in Exhibit"B" 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: 18-005 BA/CDP/COC Assessor Parcel Numbers: 260-394-09-00 and 260-394-11-00 Date: February 26, 2019 BY: oy ap 'u, City Planner ity f E initas (N,tar zation of City signature attached.) ALL-PURPOSE ACKNOWLEDGMENT 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 Cali is County of 1 p SS. On off• o��4 ` ��' , before me, C� ,Notary Public, DATE personally appeared �� ,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 DEANA GAY person(s) acted, executed the instrument. r- COMM.#2206986 Z SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the g =� NOTARY COMMISSION EXPIRES laws of the State of California that the foregoing Q MY COMMISSION EXPIRES � A6IGUST23 2021 paragraph is true and correct. WI SS y hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGN2fJRE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS F] OTHER: OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT s NAME OF PERSON(S)OR ENTITY(IES) THUMOBFPRINT E 0 SIGNER 0 a a APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT "A" LEGAL DESCRIPTION PARCEL I THAT PORTION LOT 9 IN:BLOCK.43 OF CARDIFF "A", IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1334,:FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 12, 1911: TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTIL RANGE 4 WEST, SAN BERNARDINO MERIDIAN,ACCORDING To OFFICIAL UNITED STATE GOVERNMENT SURVEY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 9, NORTH 59 038'06"EAST, 87.81 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 9; THENCE LEAVING SAID MOST NORTHERLY CORNER ALONG THE EASTERLY LINE OF LOT 8 IN SAID BLOCK 43,NORTH 12-08'14" WEST, 26.37 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 8, SAID POINT ALSO BEING AN ANGLE POINT IN THE DEED TO GAUPSAS,RECORDED ON FEBRUARY 9, 1966 AS FILE NO. 66-23203 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID GAUPSAS DEED, SOUTH 35°20'00"EAST, 70.18 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, SOUTH 59°55'50" WEST, 102.37 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 9; THENCE ALONG SAID SOUTHWESTERLY LINE OF LOT 9,NORTH 30-04'101'WEST, 44.35 FEET TO THE POINT OF BEGINNING. CONTAINS 4,604 SQUARE FEET MORE OR LESS. LAS SEAN ENGLERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS L.S. 7959 v 1 of EXHIBIT "/," LEGAL DESCRIPTION PARCEL 2 THAT PORTION LOTS 9, 1.0 AND 11 IN BLOCK.43 OF CARDIFF"A", IN THE CITY OF ENCINI'TAS, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1334, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 12, 1911; TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF TIIE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL UNITED STATES GOVERNMENT SURVEY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 9,NORTH 59°38'06"FAST, 87.81 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 9; THENCE LEAVING SAID MOST NORTHERLY CORNER ALONG THE F,ASTERI-Y LINE OF LOT'8 IN SAID BLOCK 43,NORTH 12°08'14" WEST, 26.37 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 8, SAID POINT ALSO BEING AN ANGLE POINT IN THE DEED TO GAUPSAS, RECORDED ON FEBRUARY 9, 1966 AS FILE NO. 66-23203 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID GAUPSAS DEED, SOUTH 35°20'00"EAST, 150.93 FEET TO AN ANGLE POINT IN SAID GAUPSAS DEED, THENCE,ALONG SAID EASTERLY LINE OF SAID GAUPSAS DEED, SOUTH 09021'13'- WEST, 6.56 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY LINE OF SAID GAUPSAS DEED; THENCE ALONG SAID SOUTHEASTERLY LINE OF SAID GAUPSAS DEED, SOUTH 59°46'02" WEST, 1.05.61 FEET TO THE MOST SOUTHERLY CORNER OF SAID GAUPSAS DEED; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOTS 9 THROUGH 11,NORTH 30004'10" WEST, 130.13 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 9,NORTH 59°38'06"EAST, 87.81 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 9; THENCE LEAVING SAID MOST NORTHERLY CORNER ALONG THE EASTERLY LINE OF LOT 8 IN SAID BLOCK 43,NORTH 12-08'14" WEST, 26.37 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 8, SAID POINT ALSO BEING AN ANGLE POINT IN THE DEED TO GAUPSAS, RECORDED ON FEBRUARY 9, 1966 AS FILE NO. 66-23203 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID GAUPSAS DEED, SOUTH 35°20'00"EAST, 70.18 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, SOUTH 59°55'50" WEST, 102.37 FEET TO A POINT ON TIIE SOUTHWESTERLY LINE OF SAID I.OT 2 of 4 9; THENCE ALONG SAID SOUTHWESTERLY LINE OF LOT 9,NORTH 30-04'101' WEST,44.35 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 10; THENCE ALONG THE SOUTHWESTERLY'LINE OF SAID LOT 10,NORTH 30-041 10-'WEST, 37.43 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE OF LOT 10,NORTH 59-55'501'EAST, 106.36 FEET TO A POINT INT THE NORTHEASTERLY LINE OF THE DEED TO GAUPSAS,RECORDED ON FEBRUARY 9, 1.966 AS FILE NO. 66- 23203 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID GAUPSAS DEED, SOUTH 35020'00*'EAST, 37.22 FEET TO AN ANGLE POINT IN SAID GAUPSAS DEED, THENCE ALONG SAID EASTERLY LINE OF SAID GAUPSAS DEED, SOUTH 09021113"WEST,6.56 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY LINE OF SAID GAUPSAS DEED; THENCE ALONG SAID SOUTHEASTERLY LINE OF SAID GAUPSAS DEED, SOU'ITI 59-46'02" WEST, 105.61 FEET TO THE MOST SOUTHERLY CORNER OF SAID GA(JPSAS DEED; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT I I,NORTH 30-041 10"WEST, 5.00 FEET TO THE POINT OF BEGINNING. CONTAINS 4,524 SQUARE FEET MORE OR LESS. U SEA �RT� L.6' 7959 NGLERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS sr c 3 of4 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 3 THAT PORTION LOTS 10 AND 11 IN BLOCK 43 OF CARDIFF "A", IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1334,FILED IN THE OFFICE OF THE. COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 12, 1911; TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,ACCORDING TO OFFICIAL UNITED STATES GOVERNMENT SURVEY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 10; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 10,NORTH 30-04-10" WEST, 37.43 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE OF LOT 10,NORTH 59°55'50"EAST, 106.36 FEET TO A POINT IN THE NORTHEASTERLY LINE OF THE DEED TO GAUPSAS, RECORDED ON FEBRUARY 9, 1966 AS FILE NO. 66- 23203 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID GAUPSAS DEED, SOUTH 35 020'00"EAST, 37.22 FEET TO AN ANGLE POINT IN SAID GAUPSAS DEED, THENCE ALONG SAID EASTERLY LINE OF SAID GAUPSAS DEED, SOUTH 09'21'13" WEST, 6.56 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY LINE OF SAID GAUPSAS DEED; THENCE ALONG SAID SOUTHEASTERLY LINE OF SAID GAUPSAS DEED, SOUTH 59°46'02" WEST, 105.61 FEET TO THE MOST SOUTHERLY CORNER OF SAID GAUPSAS DEED; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 11, NORTH 30 004110" WEST, 5.00 FEET TO THE POINT OF BEGINNING. CONTAINS 4,567 SQUARE FEET MORE OR LESS. LOD Ls �F J Q y *AN ENGLERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS L.S. � �. 4 of 4 SHEET 1 OF 2 E3CMrr "B"CERTIFICATE OF COMPLIANCE APN: 260-394-09 AND 11 ADDRESS: 2061 MACKINNON AVE CARDIFF BY THE SEA, CA 92007 LEGAL DESCRIPTION: LOTS 9 AND 10 AND THE NORTHWESTERLY 5.00 FEET OF LOT 11 IN BLOCK 43 OF CARDIFF "A", ACCORDING TO MAP THEREOF NO. 1334, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1911. TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, JULY 18, 1881, ALL BEING IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. OWNER: WILLIAM DOMINICK GAUPSAS, AS TO AN UNDIVIDED ONE—THIRD (4) INTEREST, JAMES FRANCIS GAUPSAS, AS TO AN UNDIVIDED ONE—THIRD (j) INTEREST, AND RICHARD LEE GAUPSAS, AS TO AN UNDIVIDED ONE—THIRD ( ) INTEREST, AS TENANTS IN COMMON, SUBJECT TO ITEM NO. 3 AND 4, OF SCHEDULE B E14S (_r�D2.6" �-hohp RICHARD GAUPSAS DATE t9 GAUPSAS DATE WIWAM GAUPSAS DATE PLAND (aL ES SU'9F` COASTAL LAND SOLUTIONS,INC PREPARED BY: m��9 CLSENCINITA�S, CA9024 �u' L.S. 7959 PH (760) 230-6025 FAX (760) 230-6026 �' G �8 ��Of cA��P CLS#1478 SEAM C. RT, LS. 7959 DATE EXFIBIT "B" SHEET 2 OF 2 CERTIFICATE_ OF COMPLIANCE / / 1 SCALE: 1"= 30' ELM ea N � WCO. / V6 1 e0� o %2�� G sz '&' , ° a0° 5 V6 O y \ � V\ Ulm LAND I v= yam'<09 COASTAL LAND SOLUTIONS,INC. M CAS577 SECOND STREET N L.S. 7959 ENCINITAS, CA 92024 FAX(AX (760) 2 6-6-18 230-6026 qJF OF CA�ZF��p CLS#1478 SEAN C. ENG , L.S. 7959 DATE