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HomeMy WebLinkAbout1983-01-18; City Council; 7018-4; Abatement of nuisance at Buena Vista LagoonCITY T CARLSBAD — AGEND, LL AB# MTG. V18/83 DEPT. TITLE: ABATEMENT OF NUISANCE AT BUENA VISTA LAGOON DI=PT. HD. CITY CITY MG * 36- occa.a. oz:13 Oo RECOMMENDED ACTION: Set a public hearing for February 1, 1983, at 6 P.M. in the Council Chambers to consider assessing the costs of abatement against the property owner. ITEM EXPLANATION: . On June 29, 1982,theCity Council adopted Resolution No. 6918 declaring that the tules in the Buena Vista Lagoon near the weir were a public nuisance and ordering the property owner to remove them by July 23, 1982. It further declared that if the property owner did not comply, the City Manager was instructed to cause the abatement. The property owner removed only a small portion of what was required. Parks and Recreation crews were then directed to remove the remainder and spray chemicals to retard regrowth, as shown on Exhibit C of Resolution No. 6918. The work was completed on November 17, 1982. A cost accounting, as required by Section 6.16.070 of the Carlsbad Municipal Code, is attached as Exhibit 2 showing that the costs incurred were $3108. Section 6.16.090 requires that a public hearing be set to determine if the above costs are correct and to assess the costs against the owner and the property. If Council sets a hearing date, a copy of this report will be posted on the property and mailed to the owner in accordance with Chapter 6.16 of the City Code. FISCAL IMPACT: To date, the City has incurred direct costs of $3108 in removing the cattails and bulrushes. If the Council desires that the City take further action to prevent regrowth, additional costs will be incurred from $1900 to $3000. EXHIBITS: 1. Memo to Parks & Recreation Director dated October 14, 1982, giving a statement of costs for the nuisance abatement. 2. Memo to City Manager dated October 18, 1982, recommending a tule maintenance program. 3. Resolution No. 6918 dated June 29, 1982, declaring a nuisance and ordering its abatement. 4. Photographs of the cattails and bulrushes before removal. 5. Photographs of the area after removal of the nuisance. b NOTE: Exhibits 4 and 5 will be presented at the Council meeting.-' E M 0 R AN D U M TO : David Bradstreet, Parks & Recreation Director j FROM : Doug Duncanson, Parks Superintendent &?~p$* DATE : October 14, 1982 O SUBJECT: Buena Vista Lagoon Tule Removal Costs The Parks and Recreation Department has completed the removal of the tirtes (cattails and bullrushes) at Buena Vista Lagoon. The removal project con- sisted of hand cutting the tules off at the water level. The following costs were accrued in the completion of this task: 1. Labor - 219.5 hrs. @ $7.00/hr. $1,535,00 (see attached sheet for days and hours) 2. Labor overhead @ 30% 460.00 3. Materials (see attached) ___252^_00 Total $2,148.00 In addition to these costs, there will be another cost for spraying the tules with herbicides. The cost of spraying is estimated to be $1,000 per appli- cation. To effectively control the tules, it will require a minimum of three applications a year. DDrjm Actual Chemical Spraying; Date performed 11/17/82 Materials Cost $ 900.00 Labor Cost 60.00 TOTAL: $ 960.00 GRAND TOTAL:..... $3,108.00 EXHIBIT 1 p. 1 of 2 Buena Vista Lagoon Tule Removal Cost Labor Costs Date 9/29 9/30 10/5 10/6 10/7 10/8 10/12 10/13 'No. of Men 3 3 3 4 3 10 4 2 Hours Worked 3.5 4,5 8 •5.5 8 9.5 1 Total 27 10.5 13.5 32 16.5 80 38 2 Total hrs. 219.5 Material Cost Blade & guard for string trimmer Machetes @ $7 ea. x 10 Chest High Waders 1? $35 x 3 Insect Repel 1 ant @ $3.30 x 3 Gloves @ $8 x 3 Gas & oil mix Total Materials $23.00 70.00 105.00 10.00 24.00 20.00 $252.00 EXHIBIT 1 p. 2 of 2 TO FROM DATE SUBJECT M E H 0 R'A N D'U Frank A'ieshire, City Manager David Bradstreet, Parks & Recreation Director October 18, 1982 Buena Vista Lagoon Tule Removal Recommendation I recommend that a crane be used for future tiile removal. The City would be responsible for debris removal from the shore edge. Fiscal Impact Tule removal by crane $1,400 City force removal of debris 500 Total :$1,100 For the past three weeks Parks and Recreation staff has worked a total of eight days (219 man hours) to remove the tules on the Carlsbad side of the Buena Vista Lagoon (refer to attachment). Cost for labor and materials $2^148 To complete the eradication by the use of chemicals, it would cost approxi- mately Si ,350 per application three times per year. Cost of chemical spraying $4,050 Grand Total $6^198 Alternative Staff has recommended that in the future a crane be used to physically remove the tules. This method of removal would be more permanent and cost-effective. It would also clear the channel, resulting in better drainage. Cost of crane & operator, approximately : $1,400 D8: jm c: R. Beckman - w/aKachment R. Allen - t/ !l D. Duncanson - w/o attachment EXHIBIT Z 1 2 3 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 6918 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING THAT A PUBLIC NUISANCE EXISTS ON PROPERTY ADJACENT TO THE BUENA VISTA LAGOON NEAR THE WEIR IN THE CITY OF CARLSBAD AND DIRECTING THAT THE PROPERTY OWNER ABATE THE NUISANCE, AND UPON THE PROPERTY OWNER'S FAILURE TO ABATE THE NUISANCE THAT THE CITY ABATE THE NUISANCE AND ASSESS THE COSTS THEREOF TO THE PROPERTY OWNER AND DIRECTING THE CITY ATTORNEY TO TAKE APPROPRIATE LEGAL ACTION TO ABATE SAID NUISANCE. _ WHEREAS, a private citizen has alleged that a public nuisance exists on property in the City of Carlsbad adjacent to the Buena Vista Lagoon in the vicinity of the weir as described on Exhibit A attached hereto and a made a part hereof and as shown on Exhibit B attached hereto and made a part hereof; and WHEREAS, the City Council of the City of Carlsbad, California adopted Resolution No. 6882 in conformance with the provisions of Section 6.16.020 of the Carlsbad Municipal Code setting a public hearing on the matter; and WHEREAS, said resolution was posted in accordance with the requirements of Section 6.16.030 of the Carlsbad Municipal Code and also mailed to the property owners in accordance with Section 6.16.030; and WHEREAS, on the 15th day of June, 1978 at the time and place set for the public hearing by Resolution No. 6882 a public hearing was held according to the provisions of Section 6.16.040 of the Carlsbad Municipal Code; and WHEREAS, at said public hearing the City Council received evidence and testimony from all persons desiring to be heard; EXHIBIT 3 o 1 g ^ o 1 2 3 4 5' 6 7 8 9 10 11 12 13 o IUO v*. -. _ 9° i«o£>°zZ r- <r u.m ~- ^ —• 5 14 15 u:^5<v UJ CJ fe S 8 d 16£ <m H § 17 o 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the foregoing recitations are true and correct. 2. That a public nuisance is found to exist on a portion of the above described property, to wit: cattails and bulrushes located on the south shore of the lagoon, and'on the lagoon itself, from the weir easterly a distance of 525 feet, along said shoreline as shown on Exhibit C and attached hereto and made a part hereof. 3. The conditions which constitute the public nuisance are: (a) the accumulation of vegetation which is a combination of common cattail and bulrush in the vicinity of the weir on the Buena Vista Lagoon as shown on Exhibit C so that it almost completely blocks the channel with the exception of approximately 5 percent which is unobstructed. This accumulation is significant enough to cause the likelihood of flooding of adjacent properties when the water flow of the Lagoon is increased above normal levels, e.g. during the rainy season; (b) the growth of vegetation and bulrushes has become so great that there is sufficient biomass to constitute an obstruction to the water flow even though, under less concentrated conditions, the vegetation could be expected to yield to the force of the water thus eliminating the chance of flooding; (c) If the cattails and bulrushes are not abated they will continue to grow out into the channel and eventually block off the channel of the Buena Vista Lagoon into the ocean in the vicinity of the weir; (d) The cattails and bulrushes are an obstruction in the Lagoon channel because of the failure of the owners of the property described 2. ' 1 2 3 4 51 6 7 8 9 10 11 12 2 1 13 O)." <O u- KJ 5 5° itto> >§2 H 5 "-.5si»• • d5 05 " m \- tc > °H O 14 15 v UJ *•*• S 8 d 16 17 18 19 20 21 22 23 24 25 26 27 28 above to control their growth along the bank. But for the property owner's failure to control the growth of the cattails and bulrushes they would not have grown to the extent that they have at the time of the hearing; (e) That elimination of the cattails and bulrushes as shown on Exhibit C will remove the nuisance and prevent the likelihood of flood during the "rainy season. 4. The existence of the cattails and bulrushes causes » a hazard to public safety and is materially detrimental to property and improvements in the vicinity of the above described property. The hazard is declared a public nuisance. 5. The City Council finds that in order to abate the public nuisance it will be necessary to remove the cattails and bulrushes and further to use a herbicide such as Diquat to kill the root structure and prevent regrowth of tules in the area. 6. That the persons shown on the latest equalized assessment role as owners of the property described herein are responsible for creating, causing, committing and maintaining the public nuisance described herein and shall be required to and are hereby ordered to abate such nuisance on or before July 23, 1982. If said public nuisance is not abated on or before such date the City Manager is instructed to cause the abatement thereof. The expense of the abatement thereof to the City shall constitute a lien against the property described herein and shall also constitute a personal obligation against the property owner of said property. 3. 7 o cc< 9° z| O >• > O- t < t u: . 5 <.. UJ O- Z O to > F e 1 2 3 4 6 7 8 9 10 11 12 co -i »r8 I3 14 16 17 19 20 21 22 23 24 25 26 27 28 7. The City Manager shall keep an account of the cost of such abatement pursuant to Section 6.16.070 of. the Carlsbad Municipal Code and shall submit said account along with a report to the City Council. Said report shall state a time and place for a public hearing on the account; which date shall not be more than 30 days after the nuisance has been abated. Based on said report and after the appropriate public hearings as required by Chapter 6.16 of the Carlsbad Municipal Code the City Council may make the cost of abatement a special assessment against the property pursuant to Section 6.16.090 of the Carlsbad Municipal Code. 8. The City Attorney is authorized and directed to take appropriate legal action to abate the aforesaid public nuisance. i PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 29th day of 3™~ t 1982, by the following vote, to wit: AYES: Council Kenbers Casler, Lewis, Kulchin and Chick NOES: None ABSENT: None / &JLU . ^—£L~2A&~ MARY H. O'ASLER, Mayor ATTEST: I- £ ^^ALlrrTlA "L 7"~RAWEN K RAN z, city cie^k (SEAL) 4. -A.P.N\. £03 — DIG' THE LAND REFERRED TO HEREIN IS. SITUATED IN THE STATE OF . - CALIFORNIA, COUNTY OF SAN DIEGO* AND IS DESCRIBED AS FOLLOWS: PARCEL-I: - ' - • - ' • . . • ALL OF LOT rtAf) OF GRANVILLE PARK UNIT NO. 2 •> IN THE CITY OF CARLSBAD, IK THE COUNTY OF SAN DIEGO* STATE OF CALIFORNIA* STATE: OF CALIFORNIA 7 ACCORDING TO- HA? THEREOF NO. 2037, FILED I'l THE OFFICE UF COUNTY RrCCIU){-.i-. OF SAN DIEGO COUNTY* JUNE IB, 1927* ' V • . '• EXCEPTING THEREFROM THAT PORTION LYING V.'ITHIN THE FOLLOWING DESCRIBED . •BOUNDARY:: '_..-.-. BEGINNING AT A POINT IH THE EASTERLY LINE OF MOUNTAlK' VIEW DRIVE AS SHOW;-: ON GRANVILLE PARK ACCORDING TO HAP THEREOF NTJ - 1782 FILED IN THE OFFIC.t o" THE' COUNTY RECORDER OF SAM 01 EGO -COUNTY FEBRUARY 21 -, 1924- SAID PG'fvT BEING ON A CURVE- CONCAVE' EASTERLY* HAVING A RADIUS OF 268.03 FEETV A ... RADIAL'LINE THROUGH SA.IO PQINT..BEARS NORTH 58°i4»4-5n EAST; THEN-CE NORTHERLY .ALONG SAID CURVE** THROUGH-'A CENTRAL ANGLE OF 12°5C?'27" A;-,' ARC DISTANCE OF 60=>77 FEET; THENCE TANGENT TO THE LAST MENTIONED CURVED KOR'; -:: JL8°^5M8" .WEST -, lr.5-00 FEET; THENCE SOUTH S6.°! 5 * 50" .V.'EST 560.04- FEET; THENCE SOUTH 3/°.?.i*40" EAST, ,^i5.,oo FEET TO-A POINT'ON THE NORTHERLY D.--M.:. OF LAGUNA DRIVE, SAiO POINT BEING IN A CURVE- CONCAVE SOUTHWESTERLY HAV---:; A 'RADIUS OF 3.90« CO FEET, A RADIAL LINE THROUGH SAID POINT SEARS SOUTH •J1D03V20" WEST; THEfsCc SOUTHEASTERLY ALONG THE LAST ^EMTIONED CURVE t THROUGH A'CENTRAL ANGLE OF o^°3is>?5" AH ARC'DISTANCE" OF i:>,,oo FEET TO };;•- BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY* HAVING A RADIUS OF 587,-V- FEET;' THENCE EASTERLY ALONG THE LAST MENTIONED CURVE,.- THROUGH A CENTRAL 'ANGLE OF 22°l£J!t55'"1 AN ARC DISTANCE .OF 229-16 FEET THENCE TANGENT TO TiuLAST MENTIONED CURVE* NORTH 730x9*:so" EAST, 25.33 FEET TO THE BEGINMING !.;;- A' TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 183,88 FESTl ."THENCE NORTHEASTERLY ALONG THE LAST HENTIQNEO CURVE THROUGH A CENTRAL ANGLE OF 37°06820". AN ARC DISTANCE OF 119.08 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING'A RADIUS OF 65.00' FEET; THEME EASTERLY AND SOUTHEASTERLY ALONG THE LAST MENTIONED CURVEv THROUGH A CENTRAL ANGLE OF !1?°OL*15.M AN ARC. Dl STANCE .'OF 127»03 FEET TO THE PC TNT OF "BEG INN ING. - .' .'';-• • ' ALSO EXCEPTING ""HERE'FROM -THAT PORTION LYING-'NORTHERLY OF ''"HO FOLLOWING DESCRIBED LINE: . . - BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT "A"; THENCE ALONG TH~ NORTHERLY LINE OF 'SAID LOT? NORTH 89° 53''"»5" WEST 861.33 FEET TO AN INTERSECTION WITH THE CENTER LINE OF A 'tC-,00 FOOT-' EA'SE"ENT DESCRIBED )."-' BOOK-1696 PAGE 102 OF DEEDS; THENCE RETRACING SOUTH 89°53*'r'5" EAST /•-! OMC. SAID NORTHERLY LINE OF LOT "A" 265,75 FEET TO THE TRUE POINT OF E EG V .VS'l Hs 7 BcIt,'G AN INTEPSECTIOr; VfiTH A 300^00 FOOT RADIUS CURVE, CONCAVE NORTHVJESTERLYt -, RADIAL TO WHICH BEARS SOUTH- • 53°26* 0^" EAST; THE.XCC- WESTERLY ALONG TH= ARC OF SAID CURVE 00.12 FEET THROUGH A CENTRAL A-.T.H: O- X't°59»l'.M TO A TANGENT POINT; THENCE TANGENT TO SAID CURVE SOUTH 51°3?'iO"- WEST TO THE MEAN HIGH TIDE LINE-. ' ----- FX.H1P1T " ''^ >f ALSO EXCEPTING THEREFROM THAT PORTION LYING VJITHJH THE FOLLOWING DESfiRl H.v.:: BOUNDARY: •-COMMENCING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VI Erf DRIVE iS SMQ«: ON SAID MAP MO. 1782? SAID POINT BEING ON A CURVE,.CONCAVE EASTERLY, HAVING A RADIUS OF 268,03 FEET, A RADIAL LINE THROUGH SAID POINT E'E'^S SOUTH 57°36'45" WEST (RECORD NORTH 58014e*-5" EAST f>ER SAID MAP .\D- I78>):: THENCE NORTHERLY ALONG THE ARC OF SAID "CURVE THROUGH A.CENTRAL ANGLE OF 12059';27M A DISTANCE OF 60.77 FEET THENCE TANGENT TO SAID CUTVE N'Z--.":-t 190?3*43" WEST (RECORD NORTH 18°45*48" WEST) 31.9C.- FEET TO THE TS 'JE. ?0:RTr O-F BEGINNING; THENCE "CONTINUING NORTH 19°23»48" WEST (RECQ-.D NORTH XO°A5'4B" WEST) 83.04- FEET; THENCE SOUTH 330Z7'47rt EAST 27.55 FEET; THENCE SOUTH ).0°25«27" EAST 57.71 FEET TO THE/ TRUE POINT OF BEGI,\.\:r.^» PARCEL 2'. .' '•-.-' - .' . ALL THAT PORTION OF LOT 47, AND THAT PORTION OF L-SUNA DRIVE* AD J ^i.::^> TC SAID LOT 47 (VACATED BY RESOLUTION NCU 918'OF THE C I TY-'COU-.CI L CE THE C T.Y OF CARLSBAD? CALIFORNIA-, RECORDED JULY 19, 1963? 'RECORDER'S FILE ',?.< 126793; RECORDS OF SAN DIEGO COUNTY, CALIFORNIA) IN THE CITY GF C A-.'.S •>/•.!.";•, COUNTY OF SAN DIEGO-. STATE GF CALIFORNIA* ACCORDING TO HAP THEREOF- \:;,. 17-82-v FILED IM THE OFFICE OF THE COUNTY RECORDER Or SAN DIESd CCJ-V.-Y FEBRUARY 21? i9?<^ MORE PARTICULARLY DESCRIBED AS FOLLOWS- DM THE ATTACHED PLAT . ' BEGINNING AT A POINT IN THE £ASTF.RLV' LINE OF MOUNTAIN VIEW DRIVE "^ SHf.T,^, ON SAID MAP NO. 1702, SAID POINT BEING ON A CURVE* CONCAVE EASTE^L^v HAVING A 'RADIUS OF 268.01 FEET, A RADIAL LINE THROUGH SAID POINT EEi?:S SOUTH -57b36'43"' WEST (RECORD - NORTH 58°14*'V5" EAST PER SAID MAP .\'.7«> 1782); THENC=""-"^aRTHERLY ALONG THE ARC OF SAID CURVE, THR3UC-M -V C E-\~:.-'.L ANGLE OF 1.2°59«27W A DISTANCE OF 60.77 FEET; THENCE TANGENT TO LAS"' .MENTIONED CURVE* NORTH 19°23!>48" WEST (RECORD - NGRTH 18°45'53" .-.'Eiv}v. 88.96 FEET TQ A POINT IN THE . SOUTHE ASTERLY LINE 0E LOT "A" OF GP-AV.TLLE PARK NO- 2, ACCORDING TO MAP THEREOF NO. 2037'FILED IN THE OFFIC5-C- THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA (.SAID POINT ALSO r-ElNG ON THE NORTHWESTERLY LINE OF SAID PORTION OF LACUNA DRIVE AS ViCATEDV* S-MO POI.NT BEING ON THE ARC OF A CURVE* CONCAVE SOUTHEASTERLY, HAVING A-x.'DIUS OF -207.16 FEET-, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 62°4 ! *--.V UEST; THFNT.E NORTHEASTERLY ALONG THE ARC OF SAID-CURVE AND ALONG 7-E .'SOUTHEASTERLY LINE OF SAID LOT «A" (BEING ALSO ALONG THE NZ^THWE 3Tf-;r v LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED)* THROUGH.A CENT: OF 170i9B59"S A DISTANCE GF 62^67 FEE T ' THENCE LEAVING SMD LINE* 15'°r7»29" EAST-, 5»0.75 FEET; THENCE SOUTH 03°<*31'49M EAST, 139.99 FEE" 't 0 <- POINT ON THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHO'^N ON SAID l"-'.;:- •"• 1782 (SAIO EASTERLY LINE BEING ALSO THE WESTERLY LINE OF ,'LGT 47 OF S'.TC HAP NO. 1782) SAID POINT BEING ON THE'ARC OF A CURVE* CONCAVE E-~ S T:' -» Y HAVING A RADIUS OF 260,03 FEET, A RADIAL LINE THROUGH SAID pOir:T HIT-^S SOUTH 55°2a'^9** WEST; THENCE NORTHERLY "ALONG THE ARC OF SAIO CU'< VE , THROUGH A CENTRAL ANGLE OF 02°08'16" A DISTANCE OF 1C.00 FEET TO T-E TRU:'- 1063347 - ' PAGE 2 -' ' F^n^'i1 ^ ' /T. ' EXCEPTING BOUNDARY: THEREFROM THAT PORTION LYING WITHIN THE 'FOLLOWING DESCRIBED COMMENCING AT A PDF'T IN THE EASTERLY LINE OF. MOUNTAIN VIEW DRIVE AS SHOWN! GM 'SAID HAP MO. 1732, SAID POINT BEING ON A CURVE* 'CONCAVE EASTERLY, HAVING A RADIUS OF 26S..03 FEET, A RADI AL-LINE THROUGH SAID POINT REARS ' U.EST (RECORD NORTH 5R°14*45"SOUTH 57036"4% THENCE- NORTHERLY ALONG THE ARC OF SAT,D CURVi 12°51"27" A DISTANCE OF 60«77 FEET; THENCE " 19 ° 2 3 " 4 3 " »J E S T { R E C 0 R 0 I-10 R T H 1 8 ° 4 5 ' 4 8 " V: E S T OF "BEGINNING; THENCE .CONTINUING NORTH 19°23. 43" WEST). 83*04 FEET EAST PER SAID HAP NO. 173? THROUGH A CENTRAL'ANGLE or NGENT TO SAID CURVE NORTH 3i,-96 FEET TO THE TRUE POT* 85' WEST- (RECORD NORTH HENCE SOUT5 27" EAS THENCE SOUTH 38°27£47" EAST 27*55 FEET; 57.,7i FEET TO THE TRUE POINT OF BEGINNING PARCEL 3= J^LL THAT PORTION OF LAGUNA. DRIVE (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL -OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED ,*ULY-19> 1963-* -RECORDER''S FILE NO, 126793, RECORDS '0^ SAN DIEGO COUNTY CALIFORNIA) ' IN THE CITY OF CARLSBAD? .COUNTY ;OF SAN DIEGO, 'STATE OF CALIFORNIA ACCORDING TO KAP THEREOF NO.' 1782, FILED IN THE OFFICE OP 'COUNTY RECORDER OF' SAN DI EGO. COUNTY -t FEBRUARY 21 •> 1924, MORE PARTICU1.A DESCRIBED AS FOLLOWS AND AS SHOWN ON THE ATTACHED EXHIBIT "A";- BEGINNING AT A PQIN DN SAID HAP NO,, 178 • A RADIUS OF 268.,03 THENCE NQRTHBU.V AL 12°59J27", A D1STAN 'FEET TO A POINT IN R'A DI A. L T 0 S A I O !•» n I ,\> THE NORTHEASTERLY L EXISTED ON JUNE 24? CURVE? THROUGH A C£ TH't POINT OF BEGINN A THRO EAST •CURV T IN THE EASTERLY LINE 0 2, SAID POINT BEING -ON FEET 7 A' RADIAL LINE 0«D NORTH 50°14*45" ONG THE ARC OF SA'ID CE OF 60,77 FE.ET; ' THEftCE A 65..00.FOOT RADIUS CURV T BEARS NORTH 33°33*05" . INF. OF MOUNTAIN VIEW'DRI 1975; THENCE 'SOUTHEAST NTRAL ANGLE OF. 24'°03.S40" ING.. F MOUNTAIN VIE '.CURVE* CQNCAV UGH SAID POINT PER SAID HAP E-, THROUGH A C SOUTH L2°03S1 Ev CONCAVE SOU EAST-* SAID POI VE (40.OG FEET ERLY ALONG THE A DISTANCE OF W DRIVE -AS E EASTERLY BEARS SOU NO. 1762); EMTRAL ANG 5H.T, HAV TH 1"; A s T . THV/ESTERLY NT ALSO BE V.'IDE) AS ARC OF SA FEE ING ' SAME ID T TO 1063347 PA;v<V/- Pi DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA* COUNTY OF SAN DIEGO* AND IS DESCRIBED AS FOLLOWS: A' PARCEL 1: . * ALL 'THAT PORTION OF LOT 2 IN SECTION 1, TOWNSHIP 12 SOUTH RANGE 5.KEST, SAN BERNARDINO MERIDIAN* IN THE CITY OF CARLSBAD, IN THE COUNT? OF SAN DIEGO? STATE OF CALIFORNIA, ACCORDING,.TO OFF ICIAL PLAT THEREOF, LYING SOUTHWESTERLY OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAJLHAY» MORE PARTICULARLY DESCRIBED AS-FOLLOWS: BEGI-NNING AT THE SOUTHWEST CORNER OF SAID LOT 2v SAID POINT OF 5EGINM\3 BEING ALSO THE NORTHEASTERLY CORNER OF LOT 4 OF SAID SECTION 1 AS SHQh'i ON THE HAP OF GRANVILLE PARK NO. L782, RECORDS OF SAN DIEGO COU\'TY; THENCE ALONG THE WESTERLY LINE OF SAID LOT 2, NORTH (T10e EAST TO ITS .INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE ATCHISDN1, TCPE.s^ AND SANTA FE RAILWAY; THENCE ALONG SAID-RAILWAY RIGHT OF hAY, SOUTH ^•"'tOO'tO" EAST (RECORD SOUTH <t!.*1.6' EAST) A QISTANCE OF 353-20 FEET TG THE BEGINNING OF A CURVE CONCAVE TO'THE NORTHEAST AMD HAVING-A RADIUS OF 1532*69 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1-19"30" A DISTANCE OF 35o^5 FEET {RECORD 31-73 FEET) TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF SAID'LOT 2; THENCE ALC'.G SAID SOUTHERLY LINE Or LOT 2? NORTH '09° 50" WEST .A DISTANCE' OF 257-C^, FEET (RECORD 256.21 FEET) TO THE POINT OF BEGINNING. • PARCEL- 2: THAT PORTION OF LOT 3» SECTION 1, TOWNSHIP 12 .SOUTH, RANGE 5 VEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD IN THE COUNTY OF SAN CIEGO, . STATE OF CALIFORNIA* ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3, SECTION I; THENCE ALCNG THE EAST LIME OF SAID LOT 3, NORTH (T04030" WEST 417.05 FEET T3 THE SOUTHWESTERLY RIGHT OF V/AY LINE OF THE ATCHISON, TOPL-KA AND SANTA FE RAILWAY; THENCE ALONG SAID LINE NORTH 41* 16'. WEST TO THE SOUTHEAST EF-LY BOUNDARY OF PARCEL MAP NO. 1033 FIL'ED IN THE OFFICE OF COUNTY RECORDER OF SAN'DIEGO'COUNTY; THENCE IN A SOUTHWESTERLY DIRECTION ALONG SAID SOUTHEASTERLY ISGUNOARY TO THE SOUTHERLY LINE OF SAID LOT 3; THENCE SOUTH 89*5V30M EAST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. • - -,c.. /, i 6 if BUEMA VISTA LOCATION MAP PUBLIC HEARiKiG ON ALLEGED NUISANCE OWNER: NATIVE SUN INVESTMENTS ' FYWIFM BUENA VI5TA LOG ATI O ON ALLEGED NUISANCE .OWNER: NATIVE SUN iNVESTMeWT-S ' EXHIBIT C