HomeMy WebLinkAbout1983-02-01; City Council; 7018-5; Abatement of nuisance at Buena Vista LagoonCm F CARLSBAD - AGEND/ JILL
AR* 7o/iP- £
MTR 2/1/83
ni=PT ENG
TllLcI A. 12 ZV T'PMVMT1 H7? MTT T Q A MPT? A m
BUENA VISTA LAGOON
nPPT HO. M^
CITY ATTY V&
CITY MQHya^L>^ '
QLU
>
OccQ.n_
O
g
OO
RECOMMENDED ACTION:
Adopt Resolution No. 7133 assessing the costs of abatement
against the property, and find that the costs of removing
the nuisance in Buena Vista Lagoon by City forces were $3108
and make said cost of abatement a special assessment against
the nroperty.
ITEM EXPLANATION:
At its meeting of January 18, 1983, the City Council set a
public hearing for February 1, 1983 at 6 P.M. in the Council
Chambers. The purpose of the hearing is to determine the
cost of the abatement and assess these costs against the
property owner. The property owner has been mailed a notice
of the hearing and notices have been placed on the property.
This item is further explained in Agenda Bill No. 7018-#4
and its attachments.
FISCAL IMPACT:
The City has already incurred direct costs of $3103 in
abating this nuisance. If the Council assesses the owner
this amount, it will be a bill payable to the City and, if
not paid, a lien of $3108 will be nlaced against the
property.
EXHIBITS:
1. Agenda Bill 7018-#4 with attachments.
2. Resolution No. 7/33 assessing the costs of abatement
against the property.
1
2
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.7133
A RESOLUTION OF TOE CITY COUNCIL OF THE CITY OF
CARLSMD, CALIFORNIA, CONFIRMING Till; REPORT OF
THE PARKS AND RECREATION DIRECTOR SHOWING COST OF
NUISANCE ABATEMENT AGAINST EACH PARCEL OF LAND IN
SAID REPORT, CONFIRMING THE COST AND PROVIDING FOR
COLLECTION ON THE REGULAR TAX BILL.
WHEREAS, on June 29, 1982, this City Council adopted Resolution No. 6918
pursuant, to Chapter 6.16 of the Carlsbad Municipal Code declaring the cattails
and bulrushes on the real property described therein to be a public nuisance; and
WHEREAS, Section 6.16.070 of the Carlsbad Municipal Code requires that a.
report of the cost of such abatement be submitted to the City Council for
consideration and confirmation following a public hearing, and the Parks and
Recreation Director has kept the required accounts and has submitted his report
to the Council for confirmation; and
WHEREAS, said work has been duly performed in accordance with said
resolution, and Notices of the Time of Hearing has been posted on the subject
property and mailed to the property owner in the manner arid form required by
law; and
WHEREAS, at the appropriate time and place said report was received and
considered for confirmation by this City Council, at. which time all protests and
|objections vrore heard, and this City Council gave all persons present an oppor-
tunity to be heard in respect to any matter relating to said abatement work; and.
WHEREAS, all persons desiring to be heard have been heard by this City
Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
as follows:
1. That the above recitations arc true and correct.
2. That, the abatement work, the report submitted to this Council, and the
;*
posting of the Notice of the Time; of Hearing on said report were duly and regu-
jlarly performed in the wanner and time required by law.
3. That all protests and objections, other than those heretofore allowed
and deleted from said report, if any, were and are hereby overruled and denied.
4. That said report, a copy of which is on file in the office of the
City Clerk, and by this reference made a part hereof, is hereby confirmed, and
each of the amounts set forth therein are hereby assessed against the parcel of
real property shown with said sum and shall constitute a special assessment and
a lien against such parcel of land.
5. The City Clerk i.s hereby directed to forward a certified copy of this
resolution, together with a copy of said report to the office of the San Diego
County Auditor on or before February 22, 1983.
PASSED, APPROVED AND ADOPTED at a regular meet:ing of the Carlsbad City
Council held on the 1st _day of J?ebruary f 1983, by the following vote,
to xvit:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
MARYTT. CfSLER, Mayor
18
ATTEST:
19"
20
21
(SEAL)
22
23
24
25
26
27
28
AYES: Council Members Casler, Lev/is, Kulchin, Chic}: and Prescott
NOES: None
ABSENT: None
'
'/1 U<, \•<..-/ I
AT,iniirT;;"M()TEl\K!^\NZ, "City ClerF T
•• \
1200 ELM AVENUE [ (V % \ TELEPHONE'
CARLSBAD, CALIFORNIA 92008 'i^ | {714)438-5535
Office of the Ciiy Clerk '
of Cartebafo
February 7, 1983
County of San Diego
Auditor & Controller
1600 Pacific Highway
San Diego, CA 92101
Re: Abatement of Nuisance at Buena Vista Lagoon
The Carlsbad City Council, at its meeting of February
1, 1983, adopted Resolution No. 7133, confirming the
report of the Parks and Recreation Director showing
cost of nuisance abatement against each parcel of land
in said report, confirming the cost arid providing for
collection on the regular tax bill.
Enclosed for your records and information is a certified
copy of Resolution No. 7133, as well as a copy of the
above referenced report.
If you have any questions regarding this matter,
please do not hesitate to contact this office.
KAIffiN RiT KUNDTZ •'-
Deputy City Clerk
Enc .
CITY 05 CARLSBAD — AGENDA CiD
DEPT._N
ABATEMENT OF NUISANCE AT BUENA VISTA LAGOON
DEPT. HD._blL
CITY
CITY !V
RECOMMENDED ACTION:
Set a public hearing for February 1, 1983, at 6 P.M. in the Council Chambers to
consider assessing the ccsts of abatement against the property owner.
ITEM EXPLANATION: ' . •. • • ••
On June 29, 1982, the City 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 ccsts 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.
NOTE: Exhibits 4 and 5 will be presented at the Council meeting
-
"-" Cr
•ME MO RAN D U M
TO
FROM
DATE
SUBJECT
David Bradstreet, Parks & Recreation Director
Doug Duncanson, Parks Superintendent
October 14, 1982
Buena Vista Lagoon Tule Removal Costs
I
The Parks and Recreation Department has completed the removal of the tules
(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. $1,536.00
•'•:.:.. (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 tirtes
with herbicides. The cost of spraying is estimated to-be $TS000 par appli-
cation. To effectively control the tules, it will require a minimum of three
applications a year.
DD:jm
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
9
3.5
4.5
8
5.5
8
9,'5
1
Total
27
10.5
13.5
32
16.5
80
2
Total hrs. 219.5
Material Cost
Blade & guard for string trimmer
Machetes @ $7 ea. x 10
Chest High Waders (? $35 x 3
Insect Repel 1 ant & $3.30 x 3
Gloves G> $8 x 3
Gas & oil mix
Total Materials
$23.00
70.00
105.00
10.00
- 24.00
•"20.00
$252.00
EXHIBIT i
p. 2 of 2"
JP
TO
FROM
DATE
SUBJECT
'M E M'O R A N D'U M
Frank Aleshire, City Manager
David Bradstreet, Parks' & Recreation Director
October 18, 1982
Buena Vista Lagoon Tule Removal
'Recommendation
'• 1 recommend that a crane be used for future tule 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 : $l;900 .
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 $1,350 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
DBrjm .: . . .
c: R. Beckman - wAKschment
R. Allen - is "
D. Duncanson - w/o attachment
EXHIBIT 2
7
o -v-
1
2
3
4
5'
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
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
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
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 Duena Vista
Lacjoon into the ocean in the vicinity of the weir; (el) The
cattails and bulrushes are an obstruction in the Lagoon channel
se of the failure of the owners of the property described Q
2 ' <A£• • T*
O-
1
2
3
4
51
6
7
8
9
10
11
12
13
14
•15
16
17
18
19
20
21
22
23
24
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, causingf 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, 1932. 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.
/e
i
2
3
6
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
25
2G
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 ?0 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 inake 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 Juae^^ r 1982, by the following vote, to wit:
AYES: Council Kenbers Casler, Lewis, Kulchin and Chide
NOES: None
ABSENT: None • : . .
4,
ATTEST:
MARY H. (/ASLHR, Mayor
Al',h;T'iiV\ L. KAUTI'JNKRANZ, City CiO)
(SEAL)
• ;. - . "^.-'DESCRIPTION 1 ' -
-. :•' . """•.:.-A.RN. 203 -D 10 - !4-:„;._;;.„_..._.-_.
THE LAND REFERRED TO HEREIN IS. SITUATED IN THE STATE OF • .. - - -"
CALXFORNIAy COUNTY OF SAN DIEGO* AND IS DESCRIBED AS FOLLOWS:
PARCEL It • • . " • • . •-'.•-. '" . . •
ALL OF LOT "A" OF GRANVILLE PARK UNIT NO." 2* IN THE CITY OF CARLSBAD, 7.K
THE COUNTY OF SAN DIEGO, STATE OF C ALI.FCRNI A» STATE: OF CALIFORNIA,
ACCORDING TO- HAP THEREOF NO- 2037 •» FILED IN THE OFFICE OF COUNTY RHCCUOEn
OF SAN DIEGO CQUMTY", JL'.?4£ 18, 1927» ' ';' .• '•
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED.
•BOUNDARY- ' ^ .'.• .. • .\ . . "
* * • "
BEGINNING AT A POINT IM THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHUHtt
ON GRANVILLE PARK ACCORDING TO MAP THEREOF MO* 1782 FILED IN THE OFF!Cf;" G~
THE' COUNTY RECORDER OF SAr4 DIEGO-COUNTY FEBRUARY 21, 1924-* SAID PO!NT_
BEING ON A CURVE? CONCAVE' EASTERLY, HAVING A RADIUS OF 26B-03 FEET, A_
RADIAL'LINE THROUGH SA.IO PQINT ..BEARS NORTH 5s°i4a^5!> EAST; THENCE
NORTHERLY .ALONG SAIDCURVEV THROUGH-'A CENTRAL ANGLE OF 12°5<?'27" AN ARC
DISTANCE OF 60.77 FEET; THENCE TANGENT TO THE LAST KENTIONED CURVE* K0?r.r! 1
1B045*43" .WEST- 165 = 00 FEET; THENCE SOUTH 86.° 15 • 50" .WEST 560.O'h FEET',
THENCE SOUTH 32°H1'40" EAST-7 315.,00 FEET TO 'A POINT'ON THE NORTHEP-t.Y LI HZ
OF-LAGUNA DRIVE, SAID POINT BEING IN A. CURVE? CONCAVE SOUTHWESTERLY !!.*.V 1 ---^
A'RADIUS OF 3.90-CO FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH
01°03V20" WEST; THEfsCE SOUTHEASTERLY ALONG THE LAST MENTIONED CURV5T .. :
THROUGH A'CENTRAL ANGLE OF 0^D31''25" A?-; ARC" DISTANCE" OF 15.00 FEET TO 1'S;:::
BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY,, HAVING A RADIUS OF 587,.'/rr.
FEET;' THENCE EASTERLY ALONG THE LAST MENTIONED CURVED THROUGH & CENTUM.
'ANGLE -OF 22°1C3;'55'1 AN ARC DISTANCE .OF 229.16 FEET THENCE TANGENT TO Til:";
LAST MENTIONED CURVE-, NORTH 73°i9f5o." EAST, 25^33 FEET TO THE BEGINNT.\T. or-
A' TANGENT CURVE-* COHCAVE NORTHWESTERLY HAVING A RADIUS OF 183,88 F-E=T;
/THENCE NORTHEASTERLY ALONG THE LAST MENTIONED CURVE THROUGH A CENTRAL
'•ANGLE OF 37°OS».20". AN ARC DISTANCE OF 119,OB FEET TO THE BEGINNING C?: A
REVERSE CURVE, CONCAVE SOUTHERLY, HAVING" A RADIUS OF 65.00" FEET; THb'NCV:
EASTERLY AND SOUTHEASTERLY ALONG THE LAST MENTIONED CURVEv THROUGH A
CENTRAL ANGLE OF 112°01*15.M AN ARC DISTANCE .'OF 127-03 FEET TO THE POINT
OF." BEG INNING". - ; ;.' .= • •
'I m ' • '
ALSO EXCEPTING THEREFROM -THAT PORTION LYING-'NORTHERLY OF THE FOLLOWING
DESCRIBED LING: - - - • '•_..'
* * , * . * •
"BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT "A"; THENCE ALONG TM«
NORTHERLY LINE OF 'SAID LOT, NORTH B9°53"'»5V WEST 861-33 FEET TO AN
INTERSECTION I.'ITH TMG CENTER LINE OF A 'tO-00 FOOT-' EA'S'JMENT DESCRIP-cD JW
BOOK.1696 PAGE 102 OF DEEDS; THF.NCE RETRACING SOUTH 09r<53*'r50 EAST Al ClMO
SAID NORTHERLY LIME OF LOT "A" 265-75 FEET TO THE TRUE POINT OF liPGYNVl NT-;
DRUG AN JNTEPS'-CTICN WITH A 300.00 FOOT RADIUS CURVGv COfCCAVE
NORTHWESTERLY, A RADIAL TO WHICH BEARS SOUTH • «J3°2 6' 0^" CAST: TML::-;Ci:
UI-STF.RLY Al.OfjG THF. ARC OF SAID CURVE HOil? Ff-ET THROUGH A CGNTRAI. A^.T.l'.i O7-
X't°59M'i<§ TO A TANf.r.Nf POINT; THENCE TANGENT TO 'SAIO CURVl: SOUTH :ii'\».v JV.
• •r. «••.- T/, Yiir. t.r. AM ut r.n r TOP ! IMF - • • ••• . »—N/I J l P1 \ 'T" " /'./*T
c c
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIK THE FOLLOWING DE
BOUNDARY: •.- • • '•" •
'•COMMENCING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIErf DRIVE ^S SHD«:
ON SAID MAP MO. 1782, SAID POINT BEING ON A CURVE* .CONCAVE EASTERLY,
HAVING A RADIUS OF 263.03 FEET, A RADIAL LINE THROUGH SAID POINT EEl'-.S
SOUTH 57°36"r5" WEST (RECORD NORTH Sa^A'AS" EAST />GR SAID MAP .\D. 17B2);
THENCE NORTHERLY ALONG THE ARC OF SAID tURVE THROUGH A.CENTRAL ANGLE Or
1Z°59«27M A DISTANCE. OF 60«77 FEET fHENCE TANGENT TO SA.ID CURVE N'2-TH
19°23*43" WEST (RECORD NORTH 18°45*48-" WEST) 31-90 FEET TO THE TR'JE. ?OJ?-iT
OF BEGINNING; THENCE'CONTINUING NORTH 19°2394-8" WEST [RECO-.D NORTH
lOOAS'AB" WEST) 83»0^ FEET; THENCE SOUTH 38°27'47rt EAST 27,55 FEET;
THENCE SOUTH 10°25'27" EAST 57.71 FEET TO THg' TRUE POINT OF BEGI.\:-.:ir;S*
•. ** . ' » • "
PAACF.L 2- .' --•'.'..'.. .. "" •'•':""• .
ALL THAT PORTION OF LOT A7* AND THAT PORTION OF LAGUNA DRIVE-, ADJACENT TO
•SAJD LOT ^7 (VACATED BY RESOLUTION N0» 918'OF THE CITY-'COU?.CIL C? T:--E CIT
OF CARLSBADy CALIFORNIA* RECORDED JULY 19, 1963v 'RECORDER'S FILE '.-<
126793; RECORDS OF SAN 01 EGO- COUNTY t CALIFORNIA) IN THE CITY GF C Ar.LS-SAD ••>
COUNTY OF SAN DIEGO- STATE OF CALIFORNIA, ACCORDING TO HA? THEREOF- '.;;,,
1782-v FILED J.M THE OFFICE OF THE COUNTY RECORDER CF SAN DIEGO CCLK.7Y
FEBRUARY 21* 192-tv MORE PARTICULARLY DESCRIBED AS FOLLOWS: ON THE
ATTACHED PLAT ' .. ' -.
• . *
BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DP.IVE" Aa S'-SO'X:.
ON SAID MAP NO.. 1702, SAID POINT BEING ON A CURVE* CONCAVE EASTERLY
; HAVING A -RADIUS OF 268,0). FEET* A RADIAL LINE THROUGH SAID PuINT Br^lS
SOUTH •57636>V5" WEST (RECORD - NORTH 58°1'**A5" EAST PER SAID MAP -VC*
1782); THENCs-^ORTHERLY ALONG THE ARC OF SAID CURVE-; THP.3UC-M -A- C E-'^^.-.L
ANGLE OF '!.Z°53°21" A DISTANCE OF 60,77 FEET; THENCE TANGENT TO LAS"
.MENTIONED CURVE* NORTH I9°23»48" WEST (RECORD - NORTH 18°V3V53" r-.'Ei")*
08*96 FEET TQ A POIMT IN THE . SOUTHEASTERLY LINE 0= LOT "A" GF GP.ANV:LL£
PARK NO- 2t ACCORDING TO MAP THEREOF NO. 2037' FILED IN THE 0?FIC5-C:: T5IE
COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA (.SAID POINT ALSO BEING CO
THE NQRTHWESVcRLY LINE OF SAID PORTION OF LACUNA DRIVE AS VACATED), SAIO
POINT BEING ON THE ARC OF A CURVEV CONCAVE SOUTHEASTERLY, HAVING A.s-'.DiU:
OF.207,16 FEET, A RADIAL LINE THROUGH SAID POINT SEARS NORTH 62° M '-''311
UEST; THFNCE NORTHEASTERLY ALONG THE ARC OF SAID-CURVE A\D AI.DXG T-:"
.'SOUTHEASTERLY LINE OF SAID LOT -A" CJEING ALSO ALONG THE KI^THWE STF-ULY •
LINE OF SAID PORTION OF LACUNA DRIVE AS VACATED), THROUGH.', CENT -'-: A:. .ViC.L:
OF ' 17°19»!:9Mt A DISTANCE GF 62-67 FE ET ' THENCE LEAVING SAID LINE* SI'-'TH •
15'°I7*29" EAST-i !?9,75 FEET; THENCE SOUTH 03°'t3".9M EAST* 135-9V FE:V" ^0
POINT ON THE EASTERLY LINR OF MOUNTAIN VlEyf DRIVE AS SHO.dv' O.N SAIO l'-.:> ^^
1.7C2 (SAIO EASTERLY LINE BEING M,SO THE VIL-'.STQRLY LINE OF j.GT '»7 C/r f.M»
MAP NO. ).7B2) SAID POINT UETNG'ON THE'ARC OF A ClP.VE, CO'.'C.AVE i-.A S T' -1 .Y
HAVING A RADIUS OF 260.03 I:EGTV A RADIAL LINE THROUGH SAID ^Glt.'T ?.':.•'•'**•
SOUTH 'yj'>?.<•.',:';*' V;EST; THENCE NORTHERLY'ALONG THE ARC or- SAIO cu•*'.'•:•<
THROUGH A CENTRAL AliCLE OF 02°08'16" A DISTANCE OF 10,00 FEET TO T--{. TfJU
. - ...•->, -, • i>/r.c o .' • • P xf h.' b •' i '"' j**
'Li-- •
POINT OF' BEGINNING. . ' '. ' • . . '. • ^ '•'. _ .- '
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE*FOLLOWING DESCRIBED
BOUNDARY: . • . . * • • . - • ' .
» •• .".• ••'..•
COMMENCING AT A POI"«T IN THE EASTERLY LINE OF! MOUNTAIN VIEW DRIVE AS SSWV!\'
ON "SAID MAP NO. I7S2-. oAID POINT BEING ON A CURVE » '"CONCAVE EASTERLY,
HAVING A RADIUS OF 263o03 FEET, A RADIAL-LINE THROUGH SAID POINT BEARS
SOUTH 57036'45M ll.EST . (RECORD NORTH 5a°14»45l% EAST PER SAID HAP NO. 172?);"
THENCE* NORTHERLY ALONG THE ARC OF SA-I,0 CURVE THROUGH A CENTRAL' ANCLE Of -
12°59°27" A DISTANCE OF 60-77 FEET; THENCE TANGENT TO SAID CURVE NORTH
19°23"43" WEST (RECORD NORTH 18°45»48M WEST) 31-96 FEET TO THE TRUE POT'lT
OF 'BEGINNING; THENCE CONTINUING NORTH 19°23."48'1 WEST- (RECORD NORTH
i8°'t5'48" WEST). 83,04 FEET;- THENCE SOUTH 3S°27*47" EAST 27»55 FEET;
THENCE SOUTH 10°Z5*'27'* EAST 57.71 FEET TO THE TRUE POINT OF BEGINNING*
• ••'.' •* '•":'.'• '•'••• .,' ' .'."'. • - '.'•"'•••• * * -*•-•.••.• * • ••-.• - -, • * * »•• "• «, '.- *.*. • • . • . . . •• . . v
PARCEL 3: . . ' '. - ; -.:"/• . -•••'.."•"•'"-.' ." *.'•', '.-;'•. ••'..'
ALL THAT PORTION CF LAGUN'A. DRIVE (VACATED. BY RESOLUTION NO* 913 OF THE -CITY COUNCIL -OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED
JULY'19* 1963» -J'.ECORDcR'-1 S FILE NO. 126793, RECORDS 'OF SAN DIEGO COUNTY-.CALIFORNIA) 'JM THE CITY OF CARLSBAD v .COUNTY 'OF SAN DIEGO, 'STATE OF'
CALIFORNIA ACCORDING TO KAP THEREOF NO," 1782, FILED IN THE OFFICE OF •
'COUNTY RECORDER OF SAN DIEGO- COUNTYv FEBRUARY 21* 1924, MORE PARTICULARLY
DESCRIBED AS FOLLOWS AND AS SHOWN ON THE ATTACHED EXHIBIT "AM;-
"BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE-AS SICVH-.?
ON SAID MAP NO- 1782, SAID POINT BEING -ON A'.CURVEt CONCAVE EASTERLY MAYIfsG
• A RADIUS OF 260-.03 FEET 7 A" RADIAL LINE THROUGH SAID POINT BEARS SOUTH
57°3ft"»5" WEST JRECORD NORTH 58°14.C45M EAST PER SAID HAP NO. 1762);
THENCE NORTHERLY ALONG THE ARC OF SAID -CURVE, THROUGH A CENTRAL ANGLE OF
12959'27'S A DISTANCE OF 60.77 FE.ET;' THEfcCE SOUTH I2-°03* 1.1 s» EAST, 35-99
'FEET TO A POINT.IN A 65-00.FOOT RADIUS CURVEv CONCAVE SOUTHWESTERLY* A
R'ADIAL TO SAID POINT BEARS NORTH 33°33« 0 5" ..E AST v SAID POINT. ALSO BEING IN
THE NORTHEASTERLY LINE OF MOUNTAIN VIEW'DRIVE (40.OC FEET WIDE) AS SAMI:
EXISTED ON JUNE 247 1975; .THENCE -SOUTHEASTERLY ALONG THE ARC OF SAID
CURVEv THROU'CH A CENTRAL ANGLE OF 24°03'40" A DISTANCE OF 27-30 FEET TO
-THE POINT OF BEGINNING. ' • •'
.! • ' '•• ' . . .-• . .-- •-.:•
o -V.
~ DESCRIPTION
A.RN..
THE LAND REFEPxRED TO HEREIN IS SITUATED IN THE 'STATE O'F
ZALIFORNIA, COUNTY OF SAN DIEGO* AND IS DESCRIBED AS FOLLOHS:
PARCEL 1:
ALL 'THAT PORTION OF LOT
SAN BERNARDINO MERIDIAN
2 IN SECTION
IN THE CITY
1»
OF
TOWNSHIP
CARLSBAD,
12 SOUTH RANGE 5.KEST,
IN THE COUNTf OF SAN
DIEGO? STATE OF CALIFORNIA? ACCORDING ...TO OFF ICI AL PLAT THEREOF, LYING
SOUTHWESTERLY OF THE RIGHT OF WAY OF THE ATCHISONt TOPEKA AND SANTA FE
RAJLHAYv MORE PARTICULARLY DESCRIBED AS-FOLLOWSt "' .
BEGI-NNING AT THE SOUTHWEST CORNER OF SAID LOT 2v SAID POINT OF BEGINM'iS
BEING ALSO THE NORTHEASTERLY CORNER OF LOT 4 OF SAID SECTION 1 AS SHQuN ON
THE HAP OF GRAf-a'ILLE PARK NO. L782f RECORDS OF SAN DIEGO COUNTY; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 2» NORTH Cf 106 EAST TO ITS
.INTERSECTION WITH THE-V-lESTERLY RIGHT OF WAY LINE OF THE ATCHI SDN, TCPE.^A
AND SANTA FE RAILWAY; THENCE ALONG SAID-RAILWAY RIGHT OF HAY, SOUTH
4V40°'tO" EAST (RECORD SOUTH 41-16' EAST) A DISTANCE OF 353.20 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO'THE NORTHEAST AND 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 35«45 FEET {RECORD 3I«73 FEET) TO ITS
INTERSECTION VUTH THE SOUTHERLY LINE OF SAID-LOT 2; THENCE ALC\5 SAID
SOUTHERLY LINE Or LOT 2* NORTH ' 09" 50" WEST .A DISTANCE' OF 257.C-t FEET
(RECORD 256.21 FEET) TO THE POINT OF BEGINNING.
PARCEL- 2: ' .. •' " ' • .
THAT PORTION Or LOT 3P SECTION 17 TOWNSHIP 12 .SOUTH, RANGE 5 VEST? SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD IN THE COUNTY OF SAN CIEGOt .
STATE OF CALiFORMlAv ACCORDING TO OFFICIAL PLAT THEREOF* DESCRIBED AS
FOLLOWS: .
'BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3» SECTION I; THENCE ALCNG
THE EAST LINE OF SAID LOT 3» NORTH 0° OV30" WEST 417.05 FEET T3 THE
SOUTHWESTERLY RIGHT OF V/AY LINE OF THE ATCH1SO.N. TOPC'KA AND S^NTA FE
RAILWAY; TliENCi; ALONG SAID LINE NORTH 41* 16'. WEST TO THE SOUThr ASTEr-LY
BOUNDARY OF PARCEL HAP NO. 1033 FILED IN THE OFFICE UF COUNTY NtCORDE^ QF
'SAN'DI CGO'COIJNJ Y; THENCE IN A SOUTHWESTERLY DIRECTION ALONG SAID
SOUTHEASTERLY HOUWOARY TO THE SOUTHERLY LINE OF SAID LOT 3; THENCE SOUTH
OVS'.^30M CAST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
o
LOCATION MAP
PUBLIC HEARING ON ALLEGED NUISANCE
OWNER: NATIVE SUN INVESTMENTS '
• r- \/ t I I r>f*>
" LOCAT AOf-j°*»~i\ f~v+r
PUBLIC HEARING ON ALLEGED 'NUISANCE
.OWNER; NATIVE
FXrilBIT
/7