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HomeMy WebLinkAboutV 339; Palomar Venture; Variance (V)PM Yl e_ __. LPrcjpsed Zone proposed General Plan -- Palomar Venture Mailing Address Yailing Mdress -- 31877 Del Obispo, Suite 211, San Scan Capistrano, CA. 92675 CitrJ and State Zip Telephone City arid State Zip Telephone I I of ar ar th e e .e Gross Acres (or square foatage, if less than acre) Zcne PM (Q) General Plaz Land Use Designatim 4.27 P.I. Eiy law a Variance may be approved mly if certain facts are found to exist. Please read tbse requirements carefully and explain hch? the promsed project meets each of these facts. Use additiglal sheets if necessary. a) Explak wYy there are exceptimal or extraordinary circumsi-rutces or ccnditims app1ic-e to tk properky or to tk intatded use that do not apply gmerally to th o-r prqerty or class'of use in tk Same vicinity - a.ld zme: The property line sets approximately 60' from the edge . to 27' below the street elevation. That tback creats an unusually larqe,landscape PalomarDor t Ro& and, 70 iblv visible from the street. Further, a together with the normal 30' se a for ad which is not read .- grade differential sreatlv hampers the accessibility to the site. b) E@& why such variance is necessary for the preservation and mjoymat of a substantial property rig7& possessed by ot'Er proprty in tl-e same viciiity and ZCFI~ but w-hich is dmWf to the proApL*y in *s&icn: Due to the limited access to the property as a result of sub- stantial qrade chanqes at the intersection , the effieiency of the Dropertv is advers elv affected. Approval of the variance restores tkefficiencv of the property as well as reduces the maintenance burden from the Palomar right-of-way. - - c) Explain why tk granting of such Variance will not be materially detrhtal to tk public wel*e or injuriaus to the pro,oerty cxr 5mprov-t~ in such vicinity and zmB in which t+- prqprty is Iclcated The granting of the variance will not effect the visual ap- pearance rrom Palomar Airport KOaa YJL~ ui~fererrtral- -I- r 7 - - - e approximately --- The remaininq parkway alonq the roadway will still b 60' which should still be sufficient to create a park like environment . -- d) cmprehisive general pkan : The qrantinq of the variance does not deminish the land use of the property and shall conform with the qeneral plan desiqnation. Eiplah w?~y t'b granting of such variancz will not adversely affect t'ne -_ - If after the intormatLon you nave SUnmltTlea as aeen revlewa, it 1s d&ermrn& , .‘that further information-is required, you will be so advised, I APPLICANT : Palomar venture Name (individual, partnership, joint venture, corpration, syndication) 31877 Del’ Obispo, Suite 211, San Juan Capistrano, CA. 92675 Business Address (714) 493-2222 Telephone Number Newpor t National Corporation AGENT : Mame 31877 Del Obispo, Suite 211, San Juan Capistrano, CA. 92675 Bushess AdErsss (714’) 493-2222 Telephone Nunbar i . ~EHBEils: F.M. Brusseau, general partner ?Jane -(individual, partner, joint Koa@ 2.iUress venture, coqoration, syndication) 31877 Del Obispo, Suite 211, San Juan Capistrano, CA. 92675 Easiness Address (714) 493-2222 Telephone Nczzer Telephone Xumber 31877 Del Obispo, Suite 211 San Juan Capistrnao, CA. 92675 3is5nass Acidress - (714) 493-2222 %ie?hoE% Nmtber Telephone Sm.ber Donald P. Shiley - P. 0. Box 207, Pauma Valley, CA. 92061 (Attach more sheets if necessary) 1/1.le dPclzze rider pezalty of perjury that ti?^ informtion contained in this dis- closure is trxe 2nd Correct and that: it Will remain true and correct alld E1ay be’ relic2 upon a; biiny true and correct until zmended, L . .. RECORDING REQUESTED BY AND WWLN RLCORMD MAIL TO None strut Addm 1 - PALOMAR VENTURE c/o Newport National Corp. 31877 Del Obispo, Ste. 211 citv San Juan Capistrano, Ca. SmbLMr. F. M. Brusseau 92673 MAll 1AX SlAlWWlJ 10 r 1 Nom. shn( Add,.,, same as above Citv 1 Stah L K-1089695 mh TO 1923 CA (12-74) @ -- SPACE ABOVE THIS LINE FOR RECORDER'S USE EXECUTOR'S DEED AND 210-170-04 210-100-08 210-100-09 Individual Grant Deed qm'{ THIS FORM FURNISHED BY TICOR TITLE INSURERS . - _. A. r. N. The undersigned grantor (s) declare (8) : Documentary transfer tax is $ ( ( ( FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ) computed on full value of property conveyed; OF ) computed on full value less value of liens and encumbrances remaining at time of sale. ) Unincorporated area: ( X) City of Carlsbad , and PAUL ECKE, SR., a widower and PAUL ECKE, SR. as Executor of the Estate of MAGDALENA ECKE, deceased hereby GRANT(S) to PALOMAR VENTURE, a limited Partnership the following described real property in the City of Carlsbad County of San Diego , State of California: PARCEL 1: All that portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 823 filed in the Office of County Recorder of San Diego County, November 16, 1896, described as follows: SEE LEGAL DESCRIPTION FURTHER DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A,PART HEREOF BY THIS REFERENCE. As to the interest of the Grantor, as Executor, this deed is being executed pursuant to the Order Confirming Sale of Real Property issued in Superior Court of California, County of San Diego, Case Number PN 8703, in the matter of the Estate of Magdalena Ecke , being recorded concurrently herewith. April 19, 1982 PAUL ECKE, SR. Dated * EGO )ss. STATE OF CALIFORNIA COUNTY OF On signed, a Notar; Public in and for said State, personally appeared Paul Ecke, Sr. as ..- ~nril 19, 1987 before me, the under- PAUL ECFZ SR* as Executor Or' the Estate Of mGDALENA ECKE decease Exeutnr of the Rstntp of kp . known to me to be the perso-whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Notary Public . blit. SAN OlEGO COUNTY MY Commission Expires August 2, 1984 Title Order No. Escrow or Loan No.- MAIL TAX STATEMENTS AS DIRECTED ABOVE i.. _.. _..,,._,.. _.l ..c<.*: _... -,,, .." *._ . ,.".. . .. . h / c c c EXHIBIT "A" THE LAND REFERRED'TO HEREIh IS SITUATED IN THE STATE CF CALIFORNIA. COUNTY OF SAN DI€GO. AND IS DESCRIBED AS FOLLCKSZ PARCEL 1: ALL THAT PORTION OF LO1 "H" OF RAlvCHO AGUB HEDIOPJD&. IN TH€ CITY OF CARLS3AQv IN THE COUNTY Of SAN OIEGOt STATE OF CALIFOHKIAT ACCORDING TO qAP THEREOF NO- 823 FILED.IN THE UFFICE CF CCUKTY RECCRDER OF SAN DIEGO COUNTY9 NOVEMbEN 169 1896, DESCRIeED AS FOLLO*S: BEGINNI&G AT A PCIINT ON THE WESTERLY LINE OF PARCEL 2 OF CEED TO THE STATE Of CALIFORhIAt RkCORDED JUNE 161 1965r RECORDER'S FILE NO- 106756 OF OFFICIAL RECORDST SAID POIN1 HAVING COOROI&ATES Y EQUALS 352~0E2~18 FEET AND X EQUALS 1~670r550-47 FEE1 AND SAID POINT ALSO REING AT THE NORTHEHLY TEKHINUS OF A COURSE DESIGNATED AS NORTH 26'1'0'03" kEST. 1450000 FEET; THENCE SOUTH 26'1O'~O" EAST ALONG SAIC WESTERLY LINE Of SAID DEED 1~3420i)O FEET; THEME LEAVING SAIC UESlERLY LIkE SOUTHEASTERLY AN0 SOUTHWESTERLY ON THE ARC OF A TANGEhT 335000 FOOT RADIUS CURVE. CONCAVE NORTHWESTERLY THROUGH A CENTRAL AhbLE OF 48'30'00'' A\ ARC DISTARCE OF 283-57 FEET; THENCE SC)UTH 22'20'00" K'EST 143.22 FEET TtJ TI'€ SEGIIUMIkC OF A TANG€NT 265000 FSOT RADIUS CUQVEv CONCAVE SOUTHNESTEYLY; THEVCE SOUTHWESTERLY ALONG SAID CURVE THR3UCH A CENTRAL AYGLE CF 37 37'14" AN ARC DISTANCE OF 174000 FEET; THEhCE SOUTH 15'17'14" EAST 33-93 FEET; THENCE SOUTH 6?029'31'' WEST 70056 FEET; THENCE SOUTH 1S0l7''l4'' EAST 165.26 FEET; THENCE SOUTH 67'29'31" WEST 420-48 FEET TO THE EASTERLY CINE OF THE 100.00 FOOT RIGHT OF WAY OF THE ATCHISON9 1LlPEKA AhD SbNTA FE RAILWAY COMPAYY. AS DESCRIBED I& DEED TO THE CALIFOKNIA SOUTHERh; RAILROA3r FILED MARCH 10. 1881 IN THE OFFICE OF COUNTY RECORDER OF SAN OIEGC! COUNTY. IN BOOK 389 PAGE 171 Of OEEOS AND 1HE TkUE POINT OF BEGINNIRG; THEME RETRACING NORTH 67'29'31" €AS1 420-48 FEET TO A POIRT ON THE WESTERLY LINE OF THk LAND DESCRIBED Ih! THE DEED TO THE CITY OF CARLSUAD. RECORDED FEBRUARY 3. 1969 RECQROER'S FILE NO- 8939; THENCE ALONG THE WESTERLY ROUNOARY Of SAID CITY Of CARLSBAD LAND9 SOUTH 15'17'14" EAST 291.73 FEET TO THE EEGINNING Of- A TANGEhrT 51.41 FOOT RADIUS CURVE. CONCAVE WESTERLY. SOUTHERLY ALONG SAID CURVE 13025 FEET TAROUGH Ah ANGLE OF 14'45'48''r TANGEhT TC SAID CURVE SOUTH 0°31026'' EAST 92-65 FEET TO 1HE BEGINIVIIUG OF A TANGENT 403-00 FOOT RADIUS CURVE. CONCAVE ~ESTERLYT SOUTHERLY ALONG SAID CURVE 87-22 FEET THROUGH AN ANGLE OF 12'24'. TANGENT TO SAID CURVE SOUTH 11'SZg34" WEST 123-95 FEET l(3 THE BEClNNINt OF A TANGEhiT 2OoCO FOOT RADIUS CURVE. CONCAVE NORTHWESTERLY AND SOUTHUESTERLY ALOhG SAID CURVE 32.98 FEET THROUGH AN ANGLE OF 94.28'22" TO A POIIJT ON THE NORTHERLY LINE OF PARCEL 2 OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFCdNIA. RECORDED JUNE 169 19659 RECORDER'S FILE NO- 108756 OF OFFICIAL RECORDS: THENCE ALONG SAID NORTHERLY LINE9 NORTH 73'39'04" #EST 83e.71 FEET TO FOUND STATE DIVISION OF HIGHWAYS 1 INCH IRON PIPE; THENCE CONTIWING ALONG SA10 NORTHERLY LINE NORTH 65'49'21'' WEST 206-46 FEET TO THE POINT OF ATCHISON. TOP€KA AND SANTA FE RAXLROAD COMPANY. AS DESCRIBE0 IN DEEO TO THE CALIFORNIA SOUTHERN RAILROAD. FILED MARCH 10. 1881. IN BOOK 38. PAGE IfSTERSEClION OF THE EASTERLY LINE OF THE LOOIOO FCGT RIGHT OF WAY OF THE 171 OF DEEDS; THEk!tE N3RTHERLY ALONG SAX0 EASTERLY LINE TO THE TRUE POINT page 1 of 2 c. ? 97 OF BEGINNING. PARCEL 2: THAT PirRTION OF LOT "H" OF RAWCHO AGUP. HEOIGNDAI IN THE CITY OF CARLSCAD* LN THE COUNTY OF SAlu DIEGCr STATE OF CALIFORhIAv IN THE OFFICE OF COUNTY RECOKUER OF SAN OIEGO COU~TYI NCVEMBER 169 tE.961 ACCOSDING TO YAP NO. 8239 FILED DESCRIBED AS FOLLOKS: aEGINNING AT A POINT ON THE "PA" LINE AT STATION 39 PLUS 65 AS SHOuN ON STATE HIGHHAY RIGYr OF MAY MAP LO-3773; THENCE LEAVIPJC; SAID "PA" LINE, SOUTH 11-52'34" WEST 68-00 FEET ALONG THE WAE~ LINE AS SHOWN or4 SAID STATE HIGHWAY RIGHT OF MAY HAP LO-3773; THENCE LEAVING SAID "AE" LINL sami 78-07'26'0 EAST 73-03 FEET TO AN ANGLE POINT IN THE SOUTHERLY AND EASTERLY BOUNOAKY OF PARCEL 2 OF THE LAND CESCPIPEO IN DEED TO THE OF OFFICIAL RECORDS. SAID ANGLE PCINT FOR~ED BY THE COURSES "hORTH 84'28'34" WEST 304.41 FEET" Ai40 "SOUTH 11' 19'09" WEST 228-86 FEET; TtiENC€ ALONG THE SOUTHERLY BOUKDARY CF SAIC LAW STATE OF CALIFLIRNIA. RECORDED JUNE 161 1965 AS OOCUWRT NO. 103756 SOUTH a4-26'34.1 EAST 195.011 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY BOUNDARY SOUTH 0~3i'zt~ NEST zoa.oo FEET; THENCE NORTH 84'28'34" HEST. 145-00 FEET; THENCE SOUTH @8-46'04" N€ST 71-65 FEET TG SAIU COUKSk BEARIhS "SOUTH 11'19'09'' WEST 228-86 FEET" IN SAII) CEED TC THE STATE OF CALIFORNIA; THENCE ALONG SAID COUKSfr SOUTH 11'19'09" WEST TO THE SOUTHERLY TEHVINUS THEREOF; THENCE COqT IYUIFiG ALORG SAID EOUhlDARY TO TH€ NORTH LINE Of THAT PARCEL CF LAND DESCRIeEC IN DEED TO OF OFFICIAL RECORDS; THENCE ALONG SAID NORTH LINE STATE OF CALlFfJRFvlA LAND; THENCE ALONG SA10 BOUNDARY AS FGLLOk'S: SOUTH 5'36'23" EAST 114-01 FEET; AND SOUTH 19'06'15" EAST 186.45 FEfT PIA- HORTONt ET UXr RECORDED NARCH 101 1944 AS DOCUMENT &GI 17399 SOUTH avz~*+i** EAST TO AN ANGLE POINT Iri THE BOURDA~Y CF Sam NORTH 34- 17.4~~ WEST 189.43 FEET; NORTH 46'ld'lO" WEST 319-53 FEET; NORTH 6r06.32" UEST 247.03 FEET; AND NORTH 84'28'34" HEST. 109-41 FEET TO THE TRUE POINT OF BEGINhINGm \ Page 2 of 2