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
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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.
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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
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