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HomeMy WebLinkAbout1982-06-29; City Council; Resolution 6918RESOLUTION 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; /// /// 1 2 3 4 5 6 7 a 9 10 11 12 0 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 5 6 7 9 1c 11 2c 21 2: 2( 2'; 2E 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. /// 1 2 3 4 5 6 7 8 9 10 11 2c 27 2E 7. The CLty Manager sha keep an account o the cos 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. 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. Said report shall state a time and place 8. The City Attorney is authorized and directed to take appropriate legal action to abate the aforesaid public nuisance. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 29th of June , 1982, by the following vote, to wit: day AYES : NOES: None Council Mers Casler , lewis, Kulchin and Chick ABSENT: None I MARY H. gASLER, Mayor ATTEST: (SEAL) 4. . . _- .. 1. 9. 0:- - -. .- --= .. . .. -. _- ~- ..- .. .. _. . .. A- - _- L. 0. '. . ... .. . -DESCRIPTION 1 .- . -_ - -1. A.F?N. 203 --010'r 14- ____ .. THE LAND REFERREO TO HEREIN IS SITUATED IN THE STA~E OF CALXFORNIAv COUNTY OF SAN DIEGO9 AND IS DESCRIBED AS FOLLONS: PARCEL 1: - ALL OF LOT "A" OF GRANVILLE PARK UNIT NO. 2- IN 'THE crn OF CARCSZAD, IN THE COUNTY OF SAN DlEGCi9 STATE OF CAtIaFORNIA~ STATE: OF CAtXFORXIAo ACCORDING TO HAP THEREOF NO- 2037r FILED IN THE OF5IC.E OF, COUNTY RECCZDER .. OF SkN RfECO COUNTY* JUNE 18, 1927- EXCEPTING THEREFROM THAT PORTION LYIKC KITHIN TWE FOLLOWING DESCRZSEO . . BCUNOP RY : - -. . BEGIRNING AT A POINT IN THE EASTERLY LINE OF HOUNTAIN VIEW DRIVE AS S.;gW?: ON GRANVILLE PARK kCCOROING Tb MAF THEREOF NO- I782 FILED IN THE OFFICE CF THE COUNrY RECORDER OF SAN DIEGO-COUNTY FfERUAkY 21, 1924, SAID POINT_.- BEING [?N A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEETI A- RADIAL LINE TI3ROUGH SAID PO.IP4T BEARS NORTH 58°14e45" EAST; THE5iC.E - NORTHERLY kLilNG SAID CURVE; THROUGH-'A CENTRAL ANGLE OF 1205Q827" At4 ARC, DISTANCE OF 60577 FEET; THENCE TA.NGENT TO THE LAST t4.ENTIUNED CURVET !,ZRTH 18045c48's WEST1 165000 FEET; THENCE SOUTH 86OL5'SO" WEST 560.04 FEET; THENCE SOUTH 32021'40" EAST9 31'5-00 FEET TO A POINT'ON THE F!URTHEP.LY LIME Qf LAGUI\1A DRIVE, SAID POINT BEING IN A CURVfr C'ONCAVE SOUTHXESTERLY SLV?t;S A RADIUS OF 190eOO FEET. A RADIkL LINE THROUGH SAID POINT SEA2S SOUTH 01"08"20" NEST; THENCE SOUTHEASTERLY ALOr4G THE CAST MENTIOF\;ED CU2VE 9 - BEGINNING OF A REVERSE CURVE CONCAVE RORTHERLYs.HAYING A FZLDIIJS OF 5S7-95 FEET: THENCE EASTERLY ALONG THE LAST MENTIONED CURVE+ THRGUGH A CE~T'CLL ANGLE OF 22O19'55" AN ARC DISTANCE OF 229.16 FEET THENCE TANGEi';T TO THf LAST r*ENTIOh\IED CURVE, r4ORTH 73*19'40" fAST9 25033 FEET TO THE 9EGINY;NG Cr THROUGH A CENTRAL ANGLE OF O4O3P825" AN ARC DISTANCE OF lSeOO FEET TO THE A' TANGENT CURVE- CONCAVE NORTHWESTERLY HAVIYG A RADJUS OF 183-68 FEET; . THENCE NORTHEASTERLY ALONG THE LAST MENTIOIUED CURE THQCIUCH A CEKTRAL ANGLE OF 37°06a20*f AN ARC DISTANCE OF 119-08 FEET TO THE BEGI.h'NIFdG 13; A REVERSk CURVE9 CCIRCAVE SOUSHERLYv HAVING A RADIUS OF 65-00 FEET; THEhCE EASTERLY AND SDUTHEASTERLY ALONG THE LAST MENTIONED CURVE9 THROUGH ,I CENTRAL ANGLE of ii20ai'is-~ AN ARC. DISTANCE OF iz7,oa FEET TO THE POIST OF' BEGINNINGD ALSO EXCEPTING THEREFROM -THAT PORTION LYIKG-.N@RTHERLY OF THE FOLLONISG DESCRIBED LINE: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT **A1*; THENCE ALDW THf INTERSECTION WITH THE CENTER LINE OF A 4Oe0O FOOT, EASEMENT L)ESCRiE?ED IN BOOK-1696 PAGE 102 OF DEEDS; THENCE RETRACING SOUTH 89053'45'' EAST AL~NG SA15 NORTHERLY LINE OF 1OT "A" 265.75 FEET TO THE ?RUE POINT OF EEGIK'-'ING; BEING A9 INTERSECTIOII WITH A 300-00 FOOT RADIUS CURVET COtiCbVE NORTHNESTERLYI A RADIAL TO WHICH BEARS SOUTH .53°26'D4" EAST; THEXCE NORTHERLY LINE Of 'SAID L3T, NC!RTH 89053'45" WEST 861e33 FEET TO AN WESTERLY ALONG THE ARC OF SAID CURVE B0.I.Z FEET -THROUGH A CEMTXAL A':t,LE 14°S9*14*1 TO A TANGENT YOZNT; THENCE TANGENT TO 'SAID CURVE SOUTH 51"33'10''* 4EXHl€9T "Aly HEST TO THE MEAN HIGH TIDE LINE- c. i _I .- *a -- . .. . ALSO EXCEPTING THEREFROM THAT PORT~ON BOUNDARY: .COHHENCING AT A POINT IN THE EASTERLY LYfRG WITHIR THE ON SAID HAP NO= l.782~ Sb.10 POINT BEING ON A CURYEP CCNCkVF fLSTf?L't HAVING A RADIUS OF 268.03 FEEL A RADIAL LINE THRII~JGH SAID pxrdi ::r:ss SOUTH 57°36'45n MEST (RECOZO NORTH 58014v4511 EAST $!ER SAID ?A? :.2. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE. WROUGq A C:NT?AL 2x.S:f OF 12*59*27" A DISTANCE OF 60.77 FEET THENCE TANGENT TO SA.13 C3?VS X-- 3 - 19*23'4El" WEST {RECOZD RORTH 18045'48*' HEST) 31.96 FEET TCI Ti;: T?'jf ?0It;T OF BEGINNING; THENCE CONTINUING NORTH 19O23'48" MEST (RECG't3 XG?TX THENCE SOUTH 28°25*27c' EAST 57-71 FEET YO THE' TRUE 9C)INT GF 25GZ?,:i::;Z. c- - 18O45'46'' MfSTI 83e04 FEET; THENCE SOUTH 38*27s47n EAST 27.55 FffT; PARCEL 2:. c -I.- ALL THAT PORTION OF LOT 47q AND THAT PORTION of L~GUXA mnEq ACJL=..~ TC SAID LOT 47 (VACATED BY RESOLUTTON NO0 918 Of THE tITY-.C3U!.CIL CF 7~2 CITY OF CARLSBABt CALIFO2MIAo RECORDED JULY 199 19639 *RECORDER'S FILE 126593; RECOXCIS OF SAN DIEGO COUNTY9 CALIFORNIA) TN THE CITY CF CLYL53AE3 CGUNTY OF SAN OfECOo STATE OF CALIFORNIAt ACCORDIfiG TO VAQ THfREI;; '-2. 1782-9 FILED IN THE OFFICE OF THE COUNTY RECORDER fsC SAX DIES3 tCli'!.t*f FEBRUARY 21s 19249 HOaE PARTICULARLY DESCRIBED AS FGLLrZilS: ZX TrlE ATTACHED PLAT BEGINNING ."iT A POINT IN THE EASTERLY LINE OF MOUWAI.C: VIEW 34'IVf A5 SHOW:, ON SAID MAP NO- 17820 SAID POINT BEING ON A CURVET CONCAVE EASTE?','. HAVING A.RA9IUS OF 268001 FEET9 A RADIAL LXNf Tt'XGUGH SLID ?CI?;T EEiS SOUTH 57036'45" WEST {RECORD - NORTH 58014*45" EAST PER SA13 HAP f:Ce 1782); THEN~~NQRTHERLY ALONG THE ARC of SAID CURVE, TH*.XJ;'I -A CE::-;AL ANGLE OF IZ059'2?n A DISTANCE OF 60.77 FEET; THENCE TINGShT TO LAST MENTIONED CURVE9 NORTH i9023"48" WEST (RECORD - N'iFcTH 18O45'55" n'E5')o 88-96 FEET TO A POINT IN THE SOUTHEASTERLY LINE 0s CgT *'A'* 3; GD.A*-:';ILLE PARK NOW 29 ACCORDING TO MAP THEREOF NUS 2337 FILED IN 745 SFFfCE C' TkfE COUNTY RECORDER OC SAY DIEGO COUNTY9 CALIFORhlA (Sa10 POINT ALSC! 3f:.':C. (2'- THE NORTXifESTERLY LINE Of SAID PORTION OF LAGUNA GRIvE AS V:LAT52>, SA10 POINT BEING ON THE ARC OF A CURVE; CONCAVE SOUTHEASTERLY, ktl'iIPiC A ?::3fUS OF.207016 FEET, A RkOlAL LINE THROUGH SAID POIf\IT SEARS F.!3RTq 62"4P'~~" UEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID.CUR\'E A'rC LLDNG T-Z SOUTHEASTERLY LINE OF SAID LOT "A" (BEING ALSO ALC" TqS tiC;TUWESTE;tY LINE OF SAID PORTION OF LAGUNA DRIVE. AS VACATE^)^ THXIUGY A CEr.tT?x ;%LE OF i7019*59-, A DISTANCE OF 62~67 FEET THENCE LEAVIF~G SCXD LINE^ ic-TW . 1S017629*s EAST. 59-75 FEET; THENCE SOUTH 03O43'49'+ EAST, 132.9'1 FzE- TO L POINT ON THE EASTERLY LINE OF MOUNTAIN VIEH DRIVE AS SHqAN 2;; SLI3 '':3 biz- 1.782 (SAID EASTERLY LItIE BEING ALSO THE WESTERLY LINE OF LCT 47 CJ? HAVING A RADIUS OF 268.03 FEETo A RADiAI, LINE THRC!!?IGH SAID 031r.'r 2.f-aS THROUGH A CENTRAL ANGLE OF 02°08*16M A DISTANCE Of lC.00 FEET TO r-5 TRUE HAP NO, l.782) SAID POINT BEING ON THE-ARC OF A CUqVEt CO':CL'<f E.zSTf'L.Y SOUTH S50ZQ'29N LIEST; THENCE NORTHERLY ALONG THE XRC OF SA!? CUs'-'f* 1C63347 PAGE 2 : 'POINT OF BEGINNING- - EXCEPTING THEREFROM THAT PonrIaN LYING WITHJN THE FOLLDWNC DESCRIBED BOUNDARY: COHNENCING AT A POI'IT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SFf;X.(N HAVING A RADIUS OF 266.03 FEETI A RADIAL LINE THROLkH SAID POINT RfksS SOUTH 57*36*4590 WEST (RECORD FJORTH 58°L4*45" EAST PER SCID HAP NO. 1792); 12059@27" A DISTANCE Of 60-77 FEET; THENCE TANGEN7 TO SAID CU2VE hiOR1'H 19023°48w i!EST (RECORD f:ORTH 18°45e48n WEST) 31.96 FEET TO THE TilUf POIUT OF -BEGINNING; THENCE CONTINUING NORTH 14°23.p48" WEST. (RECORD NORTH - ON SAID M4P NO- 17821 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY9 THEN'CE~NORTHERLY CILONG THE ARC OF SAI,O CURVE THROUGH a CENTRAL ANGLE OF . -* 18"45*48" WEST) 83-04 FEET; TMENCE SOUTH 38027'47'' EAST 27m55 FEET; THENCE SOUTH 10°25'27'r EAST 57-71 FEET TO THE TRUE POINT OF BECINYING* - PARCEL 3: ALL THAT PORTiCN OF LAGUNA.ORIGE (VACATED BY RESOLUTION NOI 918 CF THE CITY COUNCIL Of THE CITY OF CARLSSAbr CALIFORNIA9 RECORDED JULV'19, 19639 -RECORDER'S FILE 80. 126793, RECORDS 'OF SAN DIEGO CCILI:dTYv CALIFORNIA) IN THE CITY OF CARLSBADo COUNTY OF SAN DIEGO9 STATE OF fALZFURNIA ACCORDING TO XAP THEREOF NO. 17829 FILED IN THE OFFICE OF 'COUNTY RECORDER OF SAY DIEGO. COUf4TYv FESRUARY 21% 3.9240 MORE PARTICULAXLV DESCRIBED AS FOLLOWS AND AS SHOWN ON THE ATTACHED EXHIBIT UAH; BEGINNING AT A POINT IN THE EASTERLY LIRE OF MOUNTkIN VIEW DRIVE-AS ZYCIX?.! ON SAID HAP NO- 17827 SAID. POINT BEING ON A-CURVE, CONCAVE EASTEZLY HkVINS A RADIUS OF 268-03 FEET, A RAOIAL LINE THROUGH SAID POINT 8EAR.S SC?UTH 57036*45" WEST (RECOR9 NORTH 58O14'45" EAST PEF: SAEO MAP N3- 1762); THENCE NORTHERLY ALONG THE ARC OF SKI0 CtjqVE, THRO9GH A CENTRLL ANGLE Z' 12059'27''~ A DISTANCE GF 60-77 FEET; THErdCE SOUTH Z2"03'l.l" EAST. 35-99 FEET TO A FOINT IN A 65-OO-FOOT RADIUS CURVE9 CONCAVE SOUTHWESTERLYv R'ADIAL TO SAID POINT BEARS NORTH 33*33F05" EAST-, SAID POINT ALSO EEI"iG It+ THE NORTHEASTERLY LINE OF MOUNTAIN VIEW DRIVE (40.00 FEET HIDE) AS SAYE EXISTfD OF4 JUNE 249 1975; ,THENCE.SOUTHEASTERLY ALONG THE ARC OF SAIG CURVE9 TH2DUZH A CENTRAL JNGLE OF~Z4°0~*40" A DISTANCE OF 27-30 FEET TC TH'E POINT OF BEGINNING, !I L 0. .. e. ._ r; I< 1 -~~ 2- ., -. .. . - .- .. . Y -I - -- Y , .- <, *. -- - -i .** .. .' ., 10633'47 -. THE LAND REFERRED TO HEREIN IS SITUATED IF: THE STATE OF CALIFORNIA9 COUNTY OF SAN DIEGOI AND IS DESCRIBED AS FOLLOHS: PARCEL 1: ALL'THAT PORTION OF LOT z IN SECTION xP TOHNSHIP IZ SOUTH RAXGE 5 NEST, SAN BERNARDINO FLIERIDIANI IN THE CITY OF CARLSEA09 1N THE COU'iTI OF Sk!\ DIEGO* STBTE OF CkLIFO3NfAs ACCURDXNG..TO OFFICIAL PLAT THEREgFr LYING SOUTtlWkSTERLY OF TtiE RIGHT OF WAY Of THE ATCHISGNT TClf'EKk Af\'3 SANTA FE -. . ' RAXLWAY~ MORE PARTICULARLY DESCRIBED AS FOLL~~JS: BEGIM'JiNG AT THE SOUTHHEST CORNER OF SAID LOT 29 SAID POINT OF ZEGI?JPtI'.S BEING ALSO THE NORTHEASTERLY CORNER OF LOT 4 OF SAID SECTION f AS SHOb'a ON THE MAP OF GRANVILLE PARK NO. 17820 RECORDS OF SAN CIEGO COUUTY; THE'iCf ALONG THE HESTERLY LINE OF SAID LOT 20 NORTH (7'10' EAST TO ITS INTERSECTION WITH THE WESTERLY RIGHT OF WAY CINE OF THE ATCHIS3Nv TOPEKA AND SANTA FE RAILWAY; THENCE ALOEG SAID RAILWAY RIGHT 6F kAYv SCIUTH 41.'/t0°40n EAST (RECORD SOUTH 4L-16' EAST1 A DISTANCE OF 353020 FfET T2 THE DEGlbIaNING OF A CURVE CONCAVE TO'THE NORTHEAST AND HAIIXNG.-k KACIUS GF L532=169 FEET; THENCE kLOi.(G THE ARC OF SAID CURVE Tt-IRCIUGH A CEKRAL ASGtf INTEkSECTION WITH THE SOUYttERLY LIME OF S4ID.LOT 2; THENCE ALC't'r SAX3 SOUTHERLY LIME OF LUT 29 NORTH'R9"50e NEST A DLSTPNCE QF 257-C; FEET [RECORD 256-21 FEfTl TO THE POINT OF BEGINNING- OF iox9*3o= A OXSTANCE aF 35-45 FEET (RECORD 31-73 FEETI TO F IT^ . .. THAT PORTION Of LOT 39 SECTION IT TOHNSHIP 12 SOUTHt RANGE 5 &EST9 Sa'< BERNEIROINO MERID~ANI IN THE CITY OF GARLSBAD IN TH€ COUNTY OF SAN CIfC-3t STATE OF CALIFORNIAo ACCORDING TQ OFFICIAL PLAT TKEREOF? DESCRZSED AS FOLLOWS: - . BEGIIaNENG AT THE SOUTHEAST CORNER OF SAID LOT 39 SECTION 1; THENCE ALC\S THE EAST LINE OF SAX0 101 3, NORTH 0°04030" NEST 417.05 FEET T3 THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON. TOPEKA AND SA'iTA FE RAILWAY; THENCE ALONG SAID LINE NOirTH 41'i6e WEST TO THE SOUTt-fASTEE.LL . SOUNDAktY OF PARCEL HAP NO. LO33 FIL'ED IN Ti4E CFFICE OF COUNTY 3ECOkDfS 3f SOUTHEASTERLY BOUNDARY TO THE SOJTHEKLY LINE OF SAID LOT 3; THfNCE SOZTH . SAN'DTEGO COUNTY; THENCE IN A SOUTHWESTERLY OCKECTION ALilNG SAiU 89*55'3Ow EAST ALONG SAID SOUTH FINE TO THE POINT OF BEGINNING* .. b I \ ! CAT1 0 P PUBLIC HEARING ON ALLEGED NUjSANCE OWN!%? NATIVE SUN INVESTMENTS c r ”