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HomeMy WebLinkAboutZC 143; SEASIDE APARTMENTS; Zone Change (ZC)I •••J . .. 0 CITY OF CARLSBAD APPLICATION FOR CHANGE OF ZONE AS PROVIDED FOR IN CHAa·rER 21.52 OF THE CARLSBAD MUNICIPAL CODE DATE February 22, 197 4 • ZONE CHANGE NO. FILING FEE RECEIPT NO~· • :·.'{-,J,,." 4--1· 7'1 (For Official Use1 I. A REQUEST IS HEREBY MADE TO RECLASSIFY PROPERTY DESCRIBED AS: II. . ( Exact Legal Des er i pt ion} ___ s_e_e_t_h_e_a_t_t_a_c_h_e_d_E_x_h_i=b_i~t_" ______ _ From RA 7 5 o o • to --,.-----=R...,.-=-3--=---,-,,-.,---.-..-•---(exact zoning classification) (exact zoning classification) by amending Title 21 of the Mun_icipal C.ode of the City of Carlsbad. THE PROPERTY DESCRIBED HEREIN IS ADDRESSED AS -------------- and is located on the • East --------------r(=-=-No_r_,t,..,.h-,--=-s-ou-tc-:h-,...,,,E,....a_s_t.....,, i..,..•!e_s....,.t.,..)-- & South side of Carlsbad Blvd. side of Solamar Drive between Solamar Drive -.-( N~a-n-1e_o_f _S_t_r_e_e .,_-!-)~-----( Name of Street) ~ the Southern1 Pacific right of way (Name of Street) We the-undersigned state that we are --r-{ -=1:--,---,...,W~e ..-) -----( · I am, We a re) .• the owners -~, of the property described herein and hereby .._,...( -=o=-v_m_e_r_, ---,0,_w_n_e_r s-),_. ------- give our ·{My, Our) authorization to the filing of this application: Name Paul & Magdalena Ecke, husband & wife (Parcel #11) (Typed or Printed as shovm O?l Recorded DeeciL..........-:-:: . 1/1 . ~~-r) ~~~/ .. L ~·" Signature ..,-•. · .. ,,.. __ .. • 'c.,,.~' _ . ✓--, Name _Pa~u_l __ ,,___~---~~~~ -. ~ Ty Signature .. l and .. . ' ·A.PPL ICiH!.ON FOR CHAf1GE OF ZONE .. Name . .. ' ....... -.............. -. . --(r.cT=-y-p-ed..,..._o_r--=P-r..,....i n_t_e_,d,--a s-s--,-h_o_w_n_o_n--=R-e-co_r_d-:-e.-:ct-=oe_e_d.,....)-_ ~---r-.---.-,.-~------ Signature ___________ ·_·_·_·_·_·_·_·_··_·_·_·_·_·-·_·_··_·_·_·_·_·~·_·.....,...·-~------- Name ---.(=T;-y-pe-d-.--0-r-=Pr-1'""· n--,t-e-.d_a_s_s...,...h-o-wn_o_n--=R-ec_o_r_d;-e-,,d-□~: e-e-d .. )----_____,------------ S i gna tu re --------------'------------------ Name --('""T;:-y-p-e'd_o_r--;:;P-r...,...i n-t:-e-d.-a-s -s-.h_o_"v-J_n_o_n---:,R,-e_c_or-d.-e-d--=o-ee-,d").------------ S i gna ture -------------------------------'- III. THIS APPLICATION FOR A CHANGE OF ZONE orf'lHE PROPERTY DESCRIBED HEREIN ,'-~ . . --~.-'/~;,-' IS SUPPORTED BY THE FOLLOWING REASONS·,f\:::· .. :· p.r.~~ l . SUCH a zone change is warrant¢:~-because ___ t_h_e--=p_r_e_s_e_n_t_z_o_n_i_· n_g.::._ __ ' cannot be ·utilized in the development of this. prope·ity 2. SUCH a zone change will be in the interest of furtherance of public welfare because -------------------------such a zone change iS1 • in accordance with the General Plan of the City of Carlsbad 3. THE permitted uses in this proposed reclassification will not be detrimental in any way to surrounding properties because no surrounding properti~s will be adversely ~ffected by this reclassification I 4. THE property in this application is more suitable for the proposed zone than the existing zone because the property cannot be utilized under the present zoning. ·-5 .. WHAT were the original deed restrictions, if any, concerning the type and class of permitted uses on the subject property? (Give expiration date of these restrictions). ----------------------none -2- • ,t. ., • Ah1LICATIOt1 FOR CHANGE OF ZONF 6. THE adopted General Plan of the City of Carls.bad recognizes the property described herein for residential -...,( R-e-s-e--i d.,.....e_n_t.,.....i a-=-,-,-c=-o-m-me_r_c-=-i -a 1=-,---=-1-nd.,.....u_s_t r_i_a_l ~) ---- use of land. -------------------0 PT ION AL----~------------~---------- THE FOLLO\.-JING SPACES ARE FOR SIGNATURES OF OWNERS \~HOSE PROPERTIES LIE WITHIN A RADIUS OF 300 FEET OF THE PROPERTY PROPOSED TO BE RECLASSIFIED AND WHO APPROVE OF THE CHANGE (attach extra sheets if necessary) ·NO. ON 'MAP NAME ADDRESS LOT BLOCK TRACT -3- . ' -~PF?LfCATION FOR CHANGE OF ZON 1 OWNER AND/OR OWNER'S AUTHORIZED AGENT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SS CITY OF CARLSBAD ) Paul Ecke, Jr. Paul Ecke AFFIDAVIT I , (We) __ M--car.-g,-d_a_l..-e_n_a_E_c_k_e _______ being duly sworn depose and (Name) declare to the best of our knowledge that the foregoing is -(-r-m-y-,-o-u-r ..... ) ___ _ true .and correct under the _penal~y of _purjury: EXECUTED AT Enc ini,tas {City) DATE March (Month) 15, (Day) California (State) 1974 (Year) AP,eLI.CANT, .OWNER AND/OR .. OWNER1S .. AUIHORIZED.AGENT: ,J ,Paul /% I t 1 t 1 nves ors Deve opmen & Mortgage Ecke i _ _.c ..... o .... r-tp ..... o .... r .... 9+-,t.,...1--i,· o~n.---,,...,.,.,---.,------f \Mailing Address) / 5850 Avenida Encinas ,/ t Carlsbad, California I· t 92008 (City and State) (Zip) (714) 729-9284 (Area Code) (Telephone Number) \ (cl SUBSCRIBED I\ND SWORN TO BEFORE ME THIS \ --DAY ----'-~----- (Notary ------------------·-------------------------- 0 0 -DES CR IP TIO N- PARCEL 1: That part of that portion of Lot "H. of RANCHO AGUA HEDIONDA, ~ccording to Partition Map Noa 823, filed in the Office of the ,County Recorder of San Diegp County, November 16, 1896, as said portion was conveyed to the State of California by Parcel 2 of Deed recorded June 18, 1965, File No. 108756, San Diego County Official Records, and by Deed recorded June 18, 1953, Book 4894, page 494, of San Diego County Official Records, said part hereby conveyed described as follows: Beginning at a point on the boundary of Relinquishment No. 14749 as shown on Sheet 3 of State Highway Map No. 59, recorded Septem- ber 2, 1966 as File No. 144347 of San Diego :county Official Records, said point also being the Southerly tenninus of Course 9 as de- scribed in Deed to the State of California, recorded June 18, 1953 Book 4894, page 494 of San Diego County Official Records; thence -along the following numbered courses: (1) along said Relinquishment boundary North 11° 49' 19" East, 68.46 feet; .(2) continuing along said boundary South 66° 14' 371' East, 185. 97 feet to the North line of Palomar Airport Road as described in Deed recorded December 7, 1959 as File No. 251738 of San Diego County Official Records; (3) leaving said Relinquishment boundary and along said North line of Palomar Airport Road, North 87° 50' 23" West, 175.31 feet to a point on Course (8) of said Deed to the State of Californiay re- corded J·une 18, 1953; (4) along said Course (8) North 81 ° 49' 10" West, (Record North 82° 27' 51" West), 9.15 feet to the Point of Beginning. PARCEL 2: Beginning at the Point of Beginning of herei'nabove described Parcell; thence along the boundary of said Parcel 1, South 81° 49' 10" East (Record South 82 ° 27 1 51" East) 9. 15_ feet; thence leaving said boun- dary and continuing South 81° 49' 10" East, for a distance of 97.47 feet; thence South 89° 18' 23" East. ·(Record South 89° 56' 26" East) 41.00 feet; thence South 0° 41' 37".West, (Record South 0° 03' 34" • West) 60.00 feet; thence North 89° 18 1 2311 West (Record North 89° 56' 2611 West), 4LOO feet; thence South 61° 21' 24" West, (Record South 60° 44'West), 33.87 feet; thence South 26° 36' 46" West, 107.66 feet ·(Record South 26° 00' 00" West, 107.95 feet)!thence Southerly along a tangent curve concave to the East with a radius of 211099 feet (Record 212 feet) through an angle of 34° 14' 43" a distance of 126.11 feet to said boundary of Relinquishment No. 14749 hereinbefore de- scribed in Parcel l; thence along said boundary North 7° 37' 57" West 204a32 feet and North 10° 54' 30" East, 110.25 feet to the Point of Beginning. RESERVING unto the State of California, its successors or assigns, an easement of right of way upon, over, under and across a strip of land, 10 feet in width, the centerline of said strip being described as follows: ,,..;,., \ . ./ ·) Page 2. 0 0 PARCEL 2 Cont: Commencing at the Northerly terminus of course (2) in said Deed to the State of California, recorded in Book 4894, page 494 of . Official Records of said County; thence North 26° 36' 46" East (Record North 26° 00' 0011 East) 100.00 feet to the TRUE POINT OF BEGINNING; thence North 87° 50' 23" West, 20.00 feet; thence South- .westerly along a tangent curve concave Southeasterly having a ra- ,dius of 75. 00 feet through an angle of 90 ° 00 '· 00" a distance of 117 a 81 feet. ·EXCEPTING THEREFROM that portion lying Westerly.of the following described line: Beginning at the Westerly terminus of.course (8) in said Deed to the State of California; thence South 10° 54' 30" West, 110.25 feet; thence South.7° 37' 57" East, 204.32 feet. -PARCEL 3: That portion of Lot "H" of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to • the Partition Map thereof No. 823, filed in the Office of the Re- corder of said San Diego County,-November 16, 1896, described as follows: Beginning at a point on the Southerly line of Parcel 2 of land conveyed to Paul Ecke et ux by Deed recorded September 14, 1944 in Book 1749, page 54 of Official Records with the Westerly line of . the 100 foot right of way of the Atchisoni Topeka and Santa Fe Rail- way Company as described in Deed recorded March 10, 1881, in Book 38, page 171 of beeds; thence along the Southerly line of said Ecke '-s land North 89° 56' 17" West. 357. 17 feet to the Easterly line of land conveyed to the State of Califo~nia by Deed recorded June 18, 1953 in Book 4894, page 494 of .Official Records; thence along said Easterly line North 17° 20 1 33" West 305067 feet to the begin- ning of a tangent curve concave Easterly and having a radius rif 211099 feet (record 212.00 feet); thence Northerly along the arc of said curve through a central angle of 9° OS' SO" a·distance of 34.26 feet to the most Southerly corner of land conveyed to Paul Ecke Jr. in Parcel 2 of a Deed recorded November 6, 1969 as File No. 204556 of Official Records; thence continuing Northerly along the arc of saic curve to and along th~ Southeasterly line of said Ecke's land througl\ a ce:itral.angle of 34° 14' 43" a distance of 126.11 feet; thence tangent to said curve North 26° 36 1 46" East (record North 26° 00' 00" East)to the Southerly line of Palomar Airport Road as described in Deed recorded December 7, 1959 as File No. 251738 of Official Records; thence along said Southerly line South 87° SO' 23" East to the Westerly line of said Atchiso~, Topeka and Santa Fe Rail- way; thence along said Westerly line South 22° 30' 29" East (record South 23° 05' 28" East) to the POINT OF BEGI1'.1NING. DF 1fo 2653 FCT/DS 2-27-74 2ii-020-11, 42 Paul Ecke Jr. glv/<ls ... [ .. . (' ' •-.: .--\., i I I \ \ \ 11.19 AC. 3 .IIA~ J I 1 ~ .., SAH DIEGO COUHT Y >;._ ASSES SOR'S MAP BK 211 PO 02 ~ SHT I OF 2 I• = 100' v.t?:~',!Y_;.(. e •"This :plat is furnished for compiled from data which we but no liability i& assumed the accuracy of such data" "'" Q information on y. It is believe tb be c-orrect by this company as to 2JJ'..O/ ® 1.03AC .,,.. ' OE TAIL "c.• , 1 N 1 ,oaf T. I 3 MAP 823 -RHO AGUA HEDIO NDA -POR LOT H ROS 1806 .6846.6873 . 7050, 7155 '· • # , , 1 , ' . •·· ·· ....... , • I.''' : ' ......... l•' • : ' .. ,' . :~ :_, ',. .... 2'