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2021-411074 DOC# 2021-0411074 When Recorded Mail To ) IIIIIII111111111111I11 T I111111111I11111111111111111111111111111111 PAnd Recording Requested By: Jun 02, 2021 04:16 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER City Clerk FEES. $32 00 (S62 Atkins. $0.00) 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 parcel of real property described below has been divided or has resulted from a division in compliance with the Subdivision Map Act and with 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 is for the conversion of an existing three-unit condominium development into a two-unit condominium development, located at 2599 Montgomery Avenue, as described herein as Exhibit "A." The County of San Diego Residential Building Record demonstrated that the existing three-unit condominium was constructed in 1981 (prior to the City of Encinitas incorporation). The applicant requested a Parcel Map Waiver, Design Review Permit, and Coastal Development Permit (Case Nos. MULTI-003276-2019, DR-003277-2019, CDP-003278-2019, and SUB-003691-2020) to convert the existing three-unit condominium into a two-unit condominium. A Parcel Map Waiver is required to convert condominium space from Units A, B and C to Units A and B. The conversion will result in a 4,860-square foot living area for Unit B. Unit A will remain the existing 1,702 square feet. The project complies with all applicable policies of the General Plan, Local Coastal Program, and applicable provisions of the Municipal Code including all applicable development standards of the underlying R-11 zone, with the exception of existing legal nonconformities related to front and rear-yard setbacks. It has been determined that the subject property meets the standards for the conversion of residential property pursuant to Chapter 24.40 (Conversion of Residential Property) of the City of Encinitas Municipal Code. Owner/Applicant: Melanie D. Palm Legal Description: See attached Exhibit "A" (3 sheets attached) Parel Map Waiver Plat: See attached Exhibit "B" (1 sheet attached) NOTE: The legal description in Exhibit "A" is 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 description. PBD\LNAT:X000IM U LTI-003276-2019 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. MULTI-003276-2019, DR-003277-2019, CDP-003278-2019, and SUB-003691-2020 Assessor Parcel No.: 261-191-09 Date: May 20, 2021 rl )toy apa , Assistant Development Services Director City of\Enc itas (Notani�ation of City signature attached.) PBD\LMT:\COCw1 U LTI-003276-2019 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 California County of SS. On DrJ ' Q� '01 before me, ) C_A` \ 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 person(s)acted, executed the instrument. DEANA GAY COMM.a COUNT y I certify under PENALTY OF PERJURY under the 206986 SAN DIEGO COUNTY D y NOTARY PUBLIGCALIFORNIA laws of the State of California that the foregoing MY COMMISSION EXPIRES paragraph is true and correct. AUGUST 23,2021 WI ES my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARV'SSIGNATU 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 OFATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) T771 E(s) ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER e SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT r NAME OF PERSON(S)OR ENTTTY(IES) THUMBPRINT c OF SIGNER APAOU2015 NOTARY BONDS,SUPPLIESAND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM 02005-2017 VALLEY-SIERRA INSURANCE 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- A CONDOMINIUM COMPRISED OF: PARCEL1: AN UNDIVIDED 1/3RD INTEREST IN AND TO PARCEL 1 OF PARCEL MAP NO. 11358, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON FEBRUARY 23, 1978, BEING A DIVISION OF A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE FOLLOWING: (A) LIVING UNITS 1 THROUGH 3, AND GARAGES 1 THROUGH 3, AS SHOWN UPON THE CARDIFF SURF CONDOMINIUM PLAN, RECORDED AUGUST 17, 1982 AS INSTRUMENT NO. 82-254264 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. (B) THE RIGHT TO POSSESSION OF ALL THOSE AREAS DESIGNATED AS BALCONIES (B) AND STAIRS (S). PARCEL 2: LIVING UNIT NO. 3 AND GARAGE NO. 3, AS SHOWN UPON THE CONDOMINIUM PLAN ABOVE REFERRED TO. PARCEL 3: THE EXCLUSIVE RIGHT TO USE, POSSESSION AND OCCUPANCY OF THOSE PORTIONS OF PARCEL 1 DESCRIBED ABOVE DESIGNATED AS B-3-1, B-3-2 AND S-3, ON THE CONDOMINIUM PLAN ABOVE REFERRED TO, WHICH ARE APPURTENANT TO PARCELS 1 AND 2 ABOVE DESCRIBED. PARCEL4: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES, OVER, UNDER, ALONG AND ACROSS ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 6923, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON FEBRUARY 23, 1978. PARCEL 5: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR SEWER UTILITY PURPOSES, OVER, UNDER, ALONG AND ACROSS THE EASTERLY AND NORTHEASTERLY 10.00 FEET OF PARCEL 3 PARCEL MAP NO. 6923, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED FEBRUARY 23, 1978 HEREIN ABOVE MENTIONED PARCEL A IS CONSOLIDATED INTO ONE CONDOMINIUM UNIT. 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: A CONDOMINIUM COMPRISED OF: PARCEL1: AN UNDIVIDED 2/3RD INTEREST IN AND TO PARCEL 1 OF PARCEL MAP NO. 11358, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON FEBRUARY 23, 1978, BEING A DIVISION OF A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE FOLLOWING: (A) LIVING UNITS 1 THROUGH 3, AND GARAGES 1 THROUGH 3, AS SHOWN UPON THE CARDIFF SURF CONDOMINIUM PLAN, RECORDED AUGUST 17, 1982 AS INSTRUMENT NO. 82-254264 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. (B) THE RIGHT TO POSSESSION OF ALL THOSE AREAS DESIGNATED AS BALCONIES (B) AND STAIRS (S). PARCEL2: LIVING UNIT NO'S. 1 AND 2, AND GARAGE NO'S. 1 AND 2, AS SHOWN UPON THE CONDOMINIUM PLAN ABOVE REFERRED TO. PARCEL3: THE EXCLUSIVE RIGHT TO USE, POSSESSION AND OCCUPANCY OF THOSE PORTIONS OF PARCEL 1 DESCRIBED ABOVE DESIGNATED AS B-1, B-2-1, B-2-2, B-2-3, B-2-4, AND S- 2 ON THE CONDOMINIUM PLAN ABOVE REFERRED TO, WHICH ARE APPURTENANT TO PARCELS 1 AND 2 ABOVE DESCRIBED. PARCEL 4: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES, OVER, UNDER, ALONG AND ACROSS ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 6923, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON FEBRUARY 23, 1978. PARCEL 5: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR SEWER UTILITY PURPOSES, OVER, UNDER, ALONG AND ACROSS THE EASTERLY AND NORTHEASTERLY 10.00 FEET OF PARCEL 3 PARCEL MAP NO. 6923, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED FEBRUARY 23, 1978 HEREIN ABOVE MENTIONED PARCEL B IS CONSOLIDATED INTO ONE CONDOMINIUM UNIT. PREPARED BY: 5�\�N� LgryD 15' GARY F D. MELLOM /o LS 8537 GA D. RELLOM, PLS 8537 DATE 9� c��F EXHIBIT "B" 0 PARCEL MAP WAIVER PLAT 2 AP 1298I LOT 22 o so 100 (N89"57'16"W 198.43') COUNTY ROAD Z ESMT, 1/16/1978, PM F/P.78-018812, COUNTY OPENSPACE 1240CI O.R. ESMT, 5/28/1981, F/P.81-165304, O.R. rya" co PARCEL 1 as 1` of PM 11358 2 STORY APN. 261-191-09-01.02,03 corn BLDG 0.885 ACRES tl o ^ ) PM 17367 tj i w L ! EXCEPTION TO coo ? OPENSPACE ( 31.6' (N89'04'55"W 257.43') 19.7' 10' PARCEL 3 PM 6293 PARCEL B DESCRIBED IN EXHIBIT"A" IS CONSOLIDATED INTO ONE CONDOMINIUM UNIT. PARCEL AFFECTED BY CARDIFF SURF CONDOMINIUM PLAN, RECORDED AUGUST 17, 1982, INSTRUMENT NO. 82-254264, OFFICIAL RECORDS Lq� (RECORD DATA PER PM 11358) �� GARY F 'PARCEL MAP 11358 DOES NOT CLOSE PER THE DIMENSIONS GIVEN a D. MELLOM OWNER'S SIGNATURES 4L LS 8537 MELANIE D. PALM, TRUSTEE,OR HER NAMED SUCCESSOR TRUSTEES, OF THE FRETWORK TRUST q� Q CFd�F EXECUTED BY MELANIE C. PALM ON FEBRUARY 16, 2017 yin ' < DATE GL GARY D. MELL M, PLS DATE PASCO LARET SUITER SCALE = 1"=50' N PARCEL MAP WAIVER & ASSOMATES W E - San Diego I Solana Beach I Orange County s SHEET 1 OF 1 Phone 858.259.8212Iwww.plsaengineering.com