HomeMy WebLinkAboutV 331; APELIAN, VAN; Variance (V)AP&LICATICeN
"-33 /
REQUEST
o Zone Change 0 Precise Develonent Plan
O General Plan Amendment El Specific Plan
o Tentative Tract Nap 0 Site Development Plan
[:]Planned Unit Development 0 Conditional Use Permit
El Major Condominium Permit 0 Variance
o Minor Condominium Permit 0 Planning Ccrrmission Determination
O Master Plan 0 Special Use Permit
0.iviajor Condainium Conversion:
Complete Description of project (attach additional sheets if necessary)
Archit.atural improvements. to enhance the existing 4 unit Apartment -
plus proposed. .c.onstructi-.o.n of .3 Unit Apartment on subject property..
(No demolition or.gxadin.g .: required)
:
Location of Project
4725 Marina"brive, Carlsbad. San al'
Legal Description (coe Lots 69 & 70 of Shelter Cove in the City of _J Carlsba& County o San ,
thereof NO. 5162 Recorded in Office
April 21, 1963 , . ..-.
of County Recorder, San Diego County,
Assessors Parcel Ntmter
..... . . . :207_150_53 &54-
Existing Land Use Residential -
Zone General Plan
R-W . . . R-H (20-30 Dua Multiple Units
Proposed Zone Proposed General Plan Site Acreage
No change No change 11,000 Sq. Ft.
Owner . Applicant
dame (Print or pe) Peter Kirianoff; (Print or Type)
Van Apelian; Greg Kirianoff and Same as Owner
Robert -Ba rnes.
Mailing Address 300 So. Beach Blvd. Mailing Address .
La Habra, California 90631 .. Same
City and State Zip Telephone City and State Zip Teletione
La Habra, California 90631
I CE.RT]TY THAT I AM THE OWNER'S REPRESENEVE I CERTIFY THAT lAM ¶LHE LEGAL OWNER AND
THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT AlL THE ABOVE INFORMATION IS TRUE
AND CORRECT TO IHE BEST OF MY IOt?LEDGE AND CORRECT IO THE BEST OF MY KNOIiEDGE
S IUE DATE . SIGTURB DATE
aeeIica4cn Rectd I Rec73d By Fees Recei-red
L
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APPLICANT DISCLOSURE FORM
• In order to assist the members of the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to
• complete this disclosure form at the time of submitting their application...
• When this form has been completed and signed, the information Will be relied
upon by them in determining if. a conflict =ay exist, so please ensure that-
all of the. information is completed and accurate. If at anytime- before a -
final action on your application has been rendered, any of the- information
• required by this disclosure changes, an amendment reflecting this change must -
be filed. .
If the applicant is an individualor a partnership (either general or limited)
or a joint venture, please state the full name, address and phone number of
each person or individual ;(including trusts) who own any beneficial interest,
in the property which is the subject of tbi.s application.. Should one or more
parties to the application be a partnership or joint venture r then please -- - - -
state the full legal name of the partnership or joint venture, its legal
address and the name and address of each individual person who is a general
and/or limited parthr or member of the joint--venture.
Should one or more of
-
the-'parties be a privately held. corporation (10 share-.-
holders or less) or a real estate syndication, then please state the state of
incorporation or syndication, corporate m=ber, date of incorooration or
syndication, corporate or syndicate address, and the full names and addresses of
each individual shareholder or syndicate member. Should the corporation be
a publicall held corporation, then state the full name and address of the
corporation, the place of its incorporation, number of shareholders, and the
name and address of the officers of the ccrporation..
Should you feel that additional information needs to be provided in order to
provide 4 full disclosure, please include it.
FORi'-1 40PLING DEPMfl'ENT
-If after the information ou have submitted has been reriewed, it is determined
- '-that further informatio required, you will be so aced.
APPLICANTZ Van J. Apelian
Name (individual, partnership, joint venture, corporation, syndication)
300 So. Beach Blvd. #A, •La Habra, Cal.ifornia90631
Business Address
(213) GG1 3038 13-32/-335c
Telephone Number -
AGENT:
Name
- - - Business Address
• /
Telephone Number
Peter -Kjrianoff 300 S. Beach Blvd., La Habra, Ca 90631
- MEMBERS:
Name '(individual, partner, joint Home Addres;7__
venture, corporation, syndication)
Business Address
Telephone Number
Robert Barnes
Name
Business Address
Telephone Number
Greg Kirianoff
Telephone Xunber
1541 W. Elsmord Ave, La Habra, Ca 90631
Rome Address
Telephone Number-
2664 Hutton Dr., Beverly Hills, Ca 90210
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the inforrnatjoi contained in this di
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended-_ -
- - Appant J
BY
Agent, C-:ner, Partner
uPPLEMErAL INFORTION FORM
VARIANCE
1) Gross Acres (or square footage, if less than acre) 11,000 Sq. Ft.
2) Zctie 1
3) General Plan Land Use Designatiai Residential - Multiple Units
4) By law a Variance may be approved only if certain facts are found to exist..
Please read these requirements carefully and explain how the proposed
project meets each of these facts Use add iUaial sheets if necessary..
a) Explain why there are excepticrial or extraordinary circumstances or
conditions applicable to the property or to the intended use that do not
apply generally to the other property Or class of use in the same vicinity
and zaie:
To sa€if-y Coastal CommissioiYs requirements
b) Explain why such variance is necessary for the preservation and
enjoyment of a substantial property right; possessed by other property in
the same vicinity and zcne but which is denied to the property in quest;icn
Not Applicable. Please refer
for _eplanaTEion.
c) Explain why the granting of sucfn variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in such vicinity and zcne in which the property is located
s the location map shows, subject property is on a dead end
Street. Therefore, trafic is minimal and posses no detriment
to the public.
d) Explain why the granting of such vari,ance will, not advers'~lv affect the
ccnpreinsive g eneral The requested Variance is con-rinea.
solely to the parking requirements, thus has no adverse effect
on the Comprehen s ive where the property is located.
The proposed p r o iect which also includes architectural modern-
ization of the existinci 4 Units, will greatly einse the ap-
pearance of the present facility.
Ii • GENERAL REQUIREMENTS
A. Site Plan: Shall include the following information:
Name and address of applicant, engineer and/or
architect, etc.
- All easements
- Dimensioned locations of:
access, both pedestrian and vehicular, showing
service areas and paints of ingress and egress
off-street parking and loading areas showing
location, number and typical dimension of spaces,
and wheel stops.
- distances between buildings and/or structures
- building setbacks (front, rear and sides)
- location, height, and materials of walls and fences
- location of freestanding' signs
- all driveways to scale on adjacent and across the
street -properties for a distance of 100 feet beyond
. Tiiits of sject site.
- existing curbs, gutters, sidewalks and existing
paving widths within 100 feet on adjacent and across
the street properties.
- typical street section
- any existing median islands within 100 feet of
subject site.
- nearest cross streets on bath sides with p]us or
minus distances from subject site.
- location of all buildings within 100 feet of subject
properties.
- a vicinity map showing major cross streets
- a summary table indicating the following
information:
site acreage
• existing zone and land use
proposed land use
total building coverage
building sq, footage
percent landscaping
number of parking spaces
sq. footageof open/recreational
space (if applicable)
cubic footage of storage space -
(if applicable)
B, Preliminary Grading and Drainage Plan* (24"x3$")
- exting and proposed contours on the site and within
100 feet of the boundaries o the site.
- elevations of the site
- existing on-site trees; those to be reoved and those to be saved,
C. Preliminary Landscape and Irrication Plan* (24'x13")
location oplanting areas and typica7 plant materials
(quantit' and size)
- location of areas tO be irrigated
P.,. Building Elevations and Floor Plans* (24"x3")
- tir plans wT€iThgtare 1oc5Eqes included
- location and size of storace areas
- all buildings, structures, walls and/or fences, signs and exterior lights.
One (1) copy of colored site plan (24"x36")
F. One (1) copy of colored elevations (24"x36")
One (1) copy each of 8 1/2"xll" site plan and elevations
A-3. One (1) copy of 8 1/2"xll" location map (suggested scale
1:200" - vicinity maps on the site plan are not acceptable)
I. Environmental Impact Assessment Form ($100)
Pi. Public Facility Agreement: 2 copies: One (1) motorized
original, One (1) reproduced copy.
Disclosure Statement (t
Photostatic copy of deed with complete legal description of
subject property or other form of description acceptable to
the Planning Director.
M Property Owners' List -and Self-Adhesive -LaJDels
(Not needed for Site Development Plan, Special Use Permit
and Minor Condominium Permit) 1) a typewritten list of the
names and addresses of all property owners and occupants
within a 300 foot radius of Ithe exterior boundaries of the
property involved. The list shall include the San Diego
County ?ssessor' s parcel number for each parcel, which
shall be obtained from the latest Assessor's rolls.
2) Two separate copies of typewritten self-adhesive labels
(four copies for condominium conversions) of the names and
addresses of all property owners and occupants listed. For
any address other than a single family residence, apartment
or suite number must be included. CO NOT TYPE ASSESSOR' S
PARCEL NUMBER ONIELS.
N 300FeotRadiusMap
(Not etorTte Development Plan, Special Use Permit
and Minor Condominium Permit). A map to scale not less
than i' = 200 showing each lot within 300 feet of the
exterior boundaries of the subject property. Each of these
lots shall be cQnsecutively numbered and correspond with
the Pzoerty owner's list. The scale of the map may be
reduced to a scale acceptable to the Planning Director if
the required scale is impractical,
0, For residential projects within Vistaj San Marcos,'
Encinitas'or SanDiequito School Districts, the applicant
1141dcate sether he prefers to dedicate land for
school facilities, to pay a fee in lieu thereof, or do a combination of these. If the appliCant prefers to dedicate
I and s he shall suggest the specific land.
or re5ientia1 projects within the Carlsbad Unified School
DistrIct, the applicant shall submit writt confirmation
that school facilities will be available and serve the
project at time of need.
P. Preliminary Title Report
Q, Proof of sewer availability if located in the Leucadia County Water District,
NC't; ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED 1/2"x11,
I. SPECIFIC iRMETS FiLING REQIJIR
D General plan ndment/Zone- V Minor n&nini.i Permit (4 -or less units) o 1.. XWtonoru1:
V Tlicaior?ou
2. General Requirement Items flQ V 2, General Requirement Items:
3. Reproducible 1:500 scale map subject property o f - three. (3) copies of items -D V
• showing requested zoning and surrounding zoning and
0 V V
V V V itIfl$ Kr L1 O r P,Q V
3.- Onverston to Condominiums - list of names and addresses oi •: land uses.
4, Fee: General Plan Amendment $200.00 + $5.00 per lot or - - V
V all tenants of the units to be coxiverted to condominium.
acre. Zone Change: $500.00 V V V • V - : 4. e:.- 50.00 + $1.00 per unit
• D Master Plan/Specific Plan I V
V Site Develo!Ttent - Plan V
AppllCaU66 [ Application Form 0
2. General Requirement Items: • V -
V V
2. General Requirement Items V
- eighteen (18) copies of V - V
V thirteen (13) copires of items AD V V
• - items E-Q V - V V V items -L, Of P Q - - V
3. Fee: Master Plan $1,000 + $2.00 per/acre V 3,, Fee:. $350.00 V V• V
• Specific Plan $1,000.00
Master Plan Amendment: Minor $50.00 + 2.00 acre V V V nditionalUsepermit V V
Major $500.00 + 2,00 acre V V V V V V
V • V V V V 2, General Requirement Items:
Tract Map V V. V V ' thirteen (13) copies of items !i-D V V
V V D 'Tentative
1• ApplicationForm
- . items E-Q
2. Eighteen (18) copies of the Tentative Tract Map . • Fee: $400.00 V V
• 3, General Requirement Items
- - eighteen (18) copies of items A-C t—Variance
- items E, G-K, M-Q V V . 'App Form
. Fee: $500.00 (1-25 lots or units) 2. General Requirement Items: - V
750,00 (26-100 lots or units V thirteen (13) copies of item A - V
$1,000 (100 + lots or tmts) V ' T4 I it applicable V
Extension; 1/2 of original fee 19, nvirorment),
evision: 1/4 of tentative map and e? . 39 Wnri-:4-ice. - V u .ementa. $heet -
additional lots
V ; Sing -4lr 1Q0,0Q - V Pthe; 25Q0Q
Planned Unit loert V
Aplicato'i orm
V V
0c ot eteinton
.
1.
, Gencrl ''iri I: V \ IM, tQ
- eighteen ç $tnt pci1y nti th tr,ati
r items E-Q
3, Fcc: 4 or less units $50.00 V qOflea1 Recpirement Items
I • 5 or more units 20Q,00 LtcCr (13 cop.es f items and p .
rMajorCondoini Peit(3 ereuthts - • : '
L._fl. p1tcn Form ' V - V • • V
2, General Rcquirccnt Itc V V V • • V
oihtccr i) itc 7- V •• - 1 V • V V -, V ' - itc- V
V
V ¶ V , Convorsion to C omit - ,%-%3 • -' 0 V • V • V -,
V V V
drosses of:ill tenants f tho 3octt ptxx ,,• OC
• • V V -
otiicat.on -the tets 60 plr • V V V • V • ten t:e . 'V V - - . V V V •• V - ••.
. Fee: $0.00 +41 ?or • V V • - V V
unit for not c.ti V - -, - : • V
'V
ftir recording return to: 7• g- it), of. Crlsbad
200 Elm Ave.
arisbad, CA 92008
AGREEMENT BETWEEN DEVELOPER—OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE-
CD
THIS AGREEMENT is entered into this2nd day of
1981 , by and between PETER KIRIANOFF, VAN APELIAN GREG XTRTANOFF
AND ROBERT BARNES
(name of developer-owner)
a Prrnrhip ,hereinafter referred to as
(Corporation, partnership, etc.)
"Developer", whose address is 300 Beeeh 'R1vr1__ Ta J4a'h_ra _,
(street)
California 90631 , and THE CITY or
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm
Avenue, Carlsbad, California, 92008.
W I T N E S S E T H:
WHEREAS, Developer is the, owner of the real property described
on Exhibit "A", attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City
and
WHEREAS, Developer proposes a development project as follows:
Architectural improvements on existinL four unit apartment plus proposed cn
struction of three unit apartment.
A- MA 80
•*:'". To
on said Property, which development carries the, proposed name
of \\ pL-E.
and is hereafter referred to as "Developm' and
EPEAS, Developer filed on the day of_____________
19 D with the City a request for parking _variance on Lots 69 and 70
I
(hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General
Plan requires that the City Council find that all public
facilities necessary to serve a development will be available
concurrent with need or such development shall not be approved
(said element is on file with the City Clerk and is incorporated
by this reference; and
WHEREAS, Developer and City recognize the correctness of
Council Policy No. 17, dated August 29 197,9, on file with the City Clerk and
incorporated by this reference,'and that the City's public facilities and services
are at capacity and. will not be available to accommodate the
additional need for public facilities and services resulting
from the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future
needs of the Development as it is presently proposed; but the
Developer is aware that the City cannot and will not be able to
make any such finding without financial assistance to pay for
such services and facilities; and, therefore, Developer proposes
2.
I
to help satisfy the General Plan as implemented by Council Policy
No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities
fee in an amount not to exceed 2% of the building, permit valuation
of the. buildings or structures to be constructed in the Development
pursuant to the Request. The fee shall be paid prior to the
issuance of building or other construction permits for the develop-
ment and shall be based on the valuation at that time. This fee
shall be in addition to any fees, dedications or improvements
required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20'.44 of the Carlsbad Municipal Code.
Developer shall pay a' fee for conversion of existing buildings or
structures into condominiums in an amount not to exbeed 2% of the
building permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for
the construction of underground or street improvements unless no
other permit is necessary prior to the use or occupancy for which
3,
S
the development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Request. The fee shall be paid prior
to the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code. A credit toward such fee shall be given
for land which has been dedicated- for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad
Municipal Code.
2. The Developer may offer to donate a site or sites for
public facilities in lieu-of all or part of the financial obligation
agreed upon in Paragraph 1 above. If Developer offersto
donate a site or sites for public facilities, the City shall
consider, but is not obligated to accept the offer. The time for
donation and amount of credit against the fee shall be determined
by City prior to the issuance of any building or other permits.
Such determination, when made, shall become a part of this agree-
ment. Sites donated under this paragraph shall not include improvemeits
required pursuant to Titles 18 or 20 of the Carlsbad Municipal
Code.
3. This agreement and the fee paid pursuant hereto are
required to ensure the consistency of the Development with the
City's General Plan. If the fee is not paid as provided herein,
the City will not have the funds to provide public facilities and
services, and the Development will not be consistent with the
General Plan and any approval or permit for the Development shall
4.
I a
be void. No building or other construction permit or entitlement
for use shall be issued until the public facilities fee required by
this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities Lund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of
this and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances
to enable Developer to comply with any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
6. All obligations hereunder shall terminate in the event.
the Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in
writing, and shall be dated and signed by the party giving such
notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever
unless served in one of the following manners:
7.1 If notice is given to the City by personal delivery
thereof to the City or by depositing same in the United States
Nail, addressed to the City at the address set forth herein,
enclosed in a sealed envelope, addressed to the City for attention
of the City Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
5.
a
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to
the benefit of, and shall apply to, the respective successors and
assigns of Developer and the City, and references.to Developer
or City herein shall be deemed to be reference to and include their
respective successors and assigns without specific mention of such
successors and assigns. If Developer should cease to have any
interest in the Property, all obligations of Developer hereunder
shall terminate; provided, however, that any successor of Developer's
interest in the Property shall have first assumed in writing the
Developer's obligations hereunder.
9. This agreement shall be recorded but shall not create
a lien or security interest on the Property. When the obligations
of this agreement have been satisfied, City shall record a release.
I/I
I/I
6
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the State of California
Iola.\
(Name)
By4Z
By
City Manager
By
ATTEST:
ALETHA L. RAUTENKRZNZ, City Clerk
APPROVED AS TO FORM:
TO 1944 CA (8-74)
(Individual)
STATE OF CA IF MA
COUNTY OF }
W I
WI
a.
4
1!
Signat e 4/
I.
rIr 11T(.E INSURANCE =0 AND TRUST
A11COR COMPANY
me, the undersigned, a Notary Public in and for said
OFFICIAL Afl
FRANCES TOJ
26,
My co 934 1 j
147 Cccshaw Blvd., Cad,-M, PA 0249
FA
area for official notarial sea])
State, personally appeared -
._, known to me
to be the person whose name sucribed
to the within instrument and acknowledged thaL --
executed the same.
WITNESS my hand and official seal.
nd for said StatE
t and
H
o .
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 69 and 70 of Shelter Cove in the City of Carlsbad, County of San Diego,
State of California. According to the map thereof No. 5162 in office of
County Recorder, San Diego County, California April 23/1963
Oroer No. 73 364
Escrow No FILE/PAGE NO. _______ 'CO%. 179 Loan No. RECORDED RECUESTOF
990 AMMSSU
WHEN RECORDED MAIL TO: IFR19 3 52 P4 P7
PETER N. KIRIANOVF
P.O. Box 2248 0FFlCi;....fOR0S
La Habra, CA 90631 RECUiDER
SAN DIEGO COUNTY CALIF.
44.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $-. JU011E
PETER N. KIRIANOFF ..... Computed on the consideration or value of property conveyed; OR P.O • Box 2248 -Computed on the consideration or value loss lions or encumbrances
La Habra, CA 90631 TAX ROLL PARCEL NO. remaining at time of sal. S 4f .-
7 150 53._2P slgnetu)c of O.cIaranL. d.e.rmkth19 tax - Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Rohrt S.. rre; Leona
K Barnes, husband and wife, as joint tenants
hereby GRANT'S) to Van J. Apelian and Suzanne ..polian, h/w, as j/t an undivided om fourth (
interest; Peter N. Kirianoff and Anneliese Yiria6off, h/w, as j/t an undivided one x'ourtn ()
interest; T. Gregory Kirianoff, unmarried mart an undivided one fourth (i -) interest; Robert
S. Barnes and Leona K. Barnes, nJw, as j/t anundivided one fourth (J-),interest.
We real poperty in the City of Carlsbad
County at Sari Diego , State of California, described as
All of L ot 69 of Shelter Cove, in the City of Carlsbad, County of San Diego, State of
California, of that tract described in Nap No.. 5162,, recorded in the Office of the County
Receraer, iar. Diego county, on April 23, 1963?
&dditional legal description as per exhibit .attached hereto and made a part thereof,
Dated
STATE OF CJtLIIORNIA cournvo-,
On
L.cfore me, the undersigned, a Notary Public in and for said
St.it, personally appean,d
Robert S. Barne.
___
Tia K, Barnes
known to me to be the person 'A_whose name
subscrjbd to the within instrument and acknowledged that
ax !LIAL SEAL WITNS my hind and official seal. Fr .L. :, PFCIFFCR IF
••(
2 .?Y9 N0lr TY IT
C-5 CC (Tht irroe
/MY 1.1
for Ojcl.l not..rl,l s..l)
1002 (10115q1 -
t L/PACE 78 31s1
1918 trr'-i' P.EOUESTOF
Order No: ...
'.
Escrow No.
Loan No..
WHEN RECORDED MAIL TO:
PETER N. KIRIANOFF
P.O. Box 2248
La Habra, Caifornia 90631
ADDRESSEE
JUL 28 9 55 AM '78
EORDS
S!U DtEU C0 W411. CALIF.
HARLE F. ELOOM
RECORDER
$4.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ ........................... -..................
......Computed on the consideration or value of property conveyed; OR
i Computed on the consideration or value I s liens or encumbrances
R l. ?\II11I\,Ir TX ROLL PARCEL NO remaining at time of sale.
P.O. Box 2248
La CaiIf.3rnja 90631 signature of Declarant or Agent nina tax - FIrm Name
O7/oiOo
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RObolt S. BQ'Z1Oø and
Iaoxi Ke Barnes, bwband and wife, as joint tenants
hereby GRANT(S) to Van J. Apolian and S11cnnA Apelian, b/w, as j/t an undivided we fourth (
intcro3t; Peter !e, Nirianciff and Anz2oliese ririanoff, b/w, as j/t an undivided Ow fom'th
intoroat; T. Gregory Eirianoff, uxzrried rn an undivided om fc*zrth U) interest; Robert
rnos and Leona }. I3s, b/w, as /t an undivided one fcirth (*) interest,
the real property in the City of Carlsbad
County of San Diego , State of California, described as
All of Lot 70 of Shelter Cove, in the City of Carlsbad, County of San Diego, State of Cali
forna, according to the Jap thereof No. 5162, recorded in the Office of the Cmt Eacord
San Diego County, California, on Ajil 23, 1963.
Additional legal description as per exhibit "A's attached hereto and zde a part thereof.
Dated_
STATE OF CALIFORNIA
COUNTY OF, 1 2
/- ss.
''
1ao , Frs
On / before me, the undersigned, a Notary Public in and for said
State, personally appeared 2
known to me to be the person _ whose name OFFICIAL SEAL subscribed to the within instrument and acknowledged that F1ANCES A. PFEIFFER S
_-J executed the same. TA 4 NORY PUBLIC . CALIFORNIA
WITNESS my hand and official seal
/
L/1OSANGELES
- -. / ___________ area ciaI notarial seal) Signature -- -___________________
- 2- 1002 (10/69)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
-
I
EXHIBIT "A" 1552
V
LEGAL DESCRIPTION
ORDER NO. 10292
WESTERN MUTUAL ESCROW CORPORATION
Huntington Beach Office; #37-9425 j
PARCEL 1:
All of Lot 70 of Shelter Cove, in the City of Carlsbad, County of Sari Diego,
State of California, according to the Map thercof No. 5162, recorded in the
Office of the County Recorder, San Diego County, California, on April 23,
1963.
RESERVING AND EXCEPTING therefrom, together with the right to convey to
othars, an casinent for both storm drain and trea maintenance purposes over
a strip of land 15 feet wide adjacent to the boundary common to said Lot 70
and Lot 74, .which casement shall not eliminate access to or dvelopmenc of
Wharfage Area 70 conveyed herewith as Parcel 4 below. Tree maintenance
includes the planting, cultivation and removal of tre:2s together with the
right to construct, operate and maintain equipment for tree watering and
tree lighting. There is also reserved and cxceptcd, to with the
right to convey to others, such improvements lying within this easement
parcel which relate to the easement purposes.
FURTHER RESERVING AND EXCEPTING all the oil nas mineral and other
hydrocarbon substances lying below a depth of 500 feet from the surface of
said land, without, however, the right of surface entry.
PARCEL 2:
A non-exclusive cn5c1nflt and right of way for pedestrian and vehicular
ingrc:;s and egress, including the right to transport small watcrcrnfc, over
Lot 15 of that tract described in Map No. 5162, recorded In the Office of
the County Recorder, San Diego County, California, on April 23, 1963, which
casement is for the benefit of and appurtenant to the hereinabove described
Parcel 1 and, being appurtenant, shall run with the land.
PARCEL 3
A non-exclusive cascmcnt and right of way for vehicular and small watercraft
ingress and egress over Lot 74 of that tract described in Nap No. 5162,
recorded in the Office of the County Recorder, Sn )icgo County, California,
on April 23, 1963, which easement is for the br.efIt of and appurtenant to
the h.rcinabova described Parcel 1 and, being appurtenant, shall run with
the land, and which easement is subcct to such rules and regulations for
usc as may be promulgated from tin to time pursuant to thz,. 1)EC1iATION 01
RESTRICTIONS AND PROTECTIVE CONVENANTS more particularly dscrihcd below.
This casement shall terminate as to any wharage area within Lot 74 as soon
as construction of any wharfage facility is initiated therein. Such
wharfage area, to which reference is made in the previous sentence, is any
one of thoc delineated in Exhibit "3" attached to and incorporated in the
DECLARATION OF RESTRICTIONS AND PROTECTIVE CONVENANTS more specifically
described below. 0
PARCEL 4.:
An casement over that portion of the above referenced Lot 74 of said tract
described in Map No. 5162, recorded in the Office of the County Recorder,
San Diego County, State of California, on April 23, 1963, which portion is
Wharfage Area 70 as in Exhibit "B" attached to and Incorporated
In the above rcfcrcnccd DECLARATION OF RESTRICTIONS AND PROTECTIVE
COVENANTS, said casement to be for the exclusive right to construct, maintain
and use a wharfage facility pursuant to said DECLARATION OF RESTRICTIONS AND
PROTECTIVE COVENANTS, and appurtenant to Parcel 1 above.
Oraer No. 0 *FILE/PAGENO.
7916i364
Escrow No !300 179
Loan No.
I
RECORDED RECUEST OF
990 i
WHEN RECORDED MAIL TO: I 19 3 52 ?
PETER N. KLANOFF OFFIC.iQRDS P.O. Box 2248 I . RECORDER
La Habra, CA 90631 J AN DIEGO COUNTY, CALIF.
SPACE ABOV THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ ................
PETER N • KThIANOFF Computed on the consideration or value of property conveyed; OR
P. 0. Box 2248 Computed on the consideration or value less liens or encumbrances
La Habra, CA 90631 TAX ROLL PARCEL NO. remaining at time of sale. j
I J' 7 150 53 00 Slgnatu's of OscIarar 9r.. jd.termlnlnu.tax - Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Robert S I 2F1es aT$ Leona
K. Barnes husband and wife, as joint tenants
hereby GRANTS) to Van 3'. Apelian and Suzanne. .lian, h/w, as j/t an undivided om foirth (
interest; Peter N. Kirianoff and Anneliese Firarioff, h/w, as j/t an undivided one fourth ()
interest; T, Gregory Kirianoff, uniarried n. an undivided one fourth () interest; Robert
Barnes and Leona Y. Barnes n/w, as j/t an undivided one fourth (J) interest.
foe 'di 1 ,,topurty in the City of Carlsbad
an Diego , State of California, described as
All of L ot 69 of Shelter Cove, in the City of Carlsbad, County of San Diego, State of
California, of that tract described in Mp u, 5162, recorded in the Office of the County
Roccraer,Sar. Diego 3ounty, on april 23, 196L
dd tional legal description as per exhibit "'A".attacked hereto and made a part thereof.
Dated
STATIZ OF 'tLiFORNIA COQN V 01 ) I
on_A4/t
before nie. the undersigned, a Notary Public in and for said
Sta, personally appeared
— Bobert S. Baane
ia. z;t
Leona K. Barnes
known to me to be the person L_. whose name
subscrjbed to the within instrument and acknowiedgoc that
six illy —A 'i/' ______ f1AL SEAL WITNESS my hand and official seal J 4 'j " PFEIFI ER
ature 'i' COUNTY hi area
' My Ls JI I, l'
for official notarial seal)
1002 (101(9)
4. Resolution .....................Date: _Tk
5. Ordinance No.........' Date:
ACTION
AT V
is
CASE NO.: V.- 3 DATE RECEIVED: j
APPLICANT:A v110 -
REQUEST: a r S h Ct Q A-1 5 o r - I o,_
S-Ufi-)Ir Apr,
ENVIROMENTAL
EXEMPT OR EXCEPTED: /'M.P(of\J
Posted: f- liI- Prior Compliance:
Filed:
NEGATIVE, DECLARATION: DECLARATION:
Published:
Filed:
Posted: Published: Notice of Determination:
ENVIRONMENTAL IMPACT REPORT:_________________
Notice of Notice of Notice of
Preparation: Completion: Determination:
PLANNING COMMISSION
1. Date of Hearing:
2. Publication: .- .
3. Notice to Property Owners:
4. Resolution No. ', jJ$ ____Date /_ 7 ,- 3-. ACTION
(Continued to:
5.Appeal:
6La Cc P
CITY COUNCIL
1. Date of Hearing:
2. Notices to City Clerk:_______________
3 Agenda Bill:
CORRESPONDENCE
Staff Report to Applicant:
Resolution to Applicant:____
U I,
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