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C. OF SAN BERNAR",O - REQ~T FOR COUNCIL A.ION
From:
Shauna Clark
Subject: Resolution - Public Nuisance
Abatement
Dept: City Clerk
Da~: May 5, 1986
Synopsis of Previous Council action:
Periodically, resolutions have been presented to the Common
Council for authorization to impose liens on certain parcels
of property on which costs have accrued by the City's abate-
ment of public nuisances that existed on said property.
Recommenr.led motion:
Adopt resolution
Contact person:
Doris Reese
Phone:
5102
Supporting lIata attached: Resolution
Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
75-0262
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Agenda Item No.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON
CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN
BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE.
(372 W. 7th Street, 376 W. 7th Street, 985 W. 11th Street, 957 W.
26th Street, 969 N. "F" Street and 966 N. Acacia, 701 N. "D"
Street, 715 N. "D" Street, 965 North "F" Street, 1807 W. Highland
Avenue, 2375 W. Highland ~venue, 137~ W. Ria1to Avenue, 781 E.
Santa Fe.)
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City of San Bernardino, pursuant to its
9 authority under San Bernardino Municipal Code Chapters 8.18,
10 8.27, 8.30, 8.33, 15.28, and other laws, did lawfully cause
11 public nuisance abatements on the real property described in
12 Exhibit "A", attached hereto and incorporated herein by reference
13 as though fully set forth. The last known owners of record as to
14 each such parcel are also specified in Exhibit "A".
15 Due notice was given to the person or persons having an
16 interest in said property and a hearing was held by the Board of
17 Building Commissioners to hear protests and to assess the costs of
18 said abatements on said property. The Board of Building
19 Commissioners has entered its order determining the costs to be
20 reasonable and proper and imposing a lien upon the land involved.
21 Notice of the right to appeal to the Mayor and Common Council has
22 been issued to all affected property holders. The Board of
23 Building Commissioners now requests that the Mayor and Common
24 Council confirm the imposition of the lien.
25 SECTION 2. The matter having now come before the Mayor and
26 Common Council for confirmation of the imposition of the lien
27 imposed, the following costs are found to have been duly incurred
28 by the City pursuant to proceedings under said provisions of the
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San Bernardino Municipal Code and the final statements of costs
on file with the City Clerk are hereby confirmed and adopted as
special assessments:
Assessment Assessor's Address Amount of
No. No. Assessmen
1 140 282 49 372 w. 7th Street $ 169.06
2 140 282 56 & 50 376 w. 7th Street 161.63
3 139 131 04 985 w. 11th Street 202.21
4 148 164 11 957 w. 26th Street 183.28
5 140 143 52 969 N. "F" Street &
966 N. Acacia 259.01
6 140 282 37 701 N. "0" Street 165.39
7 140 282 38 715 N. "0" Street 163.61
8 140 143 41 965 N. "F" Street 2,168.88
9 269 081 07 1807 W. Highland Ave 15,243.97
10 269 021 02/03/04 2375 W. Highland Ave 220.43
1 1 137 012 04 1375 W. Rialto Ave 2,134.52
12 280 073 08 781 E. Santa Fe 2,877.58
The legal description of each parcel is detailed on Exhibit "A".
SECTION 3. If said sum is not fully paid to the City Clerk,
City Hall, San Bernardino, within five (5) days after the adoptio
of this resolution as to any such individual parcel, then said
sum shall be and become a lien on said property pursuant to said
Municipal Code provisions and applicable law and shall be
collected as a special assessment thereon.
SECTION 4. In the event said sum is not paid as hereinabove
provided, the City Clerk is hereby directed to file a certified
copy of this resolution with the Auditor of the County of San
Bernardino, State of California, directing that said sum be
entered as lien charges against said property as it appears on
the current assessment rolls to be collected at the same time and
in the same manner, subject to the same penalties and interest
upon delinquencies, as the general taxes for the City of San
Bernardino are collected. The City Clerk shall also present for
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recording appropriate notices of imposition of these liens with
the County Recorder.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof,
he 1d on the day of , 1986, by the
following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1986.
Mayor of the City of San Bernardino
18 Approved as to form:
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\....1 '.. .",~ -.;.; ,,:':;~"~.-..r:.,./'
20 City Attorney
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LEGAL DESCRIPTIONS
Assessment No.1:
All that real property situated in the City of San
Bernardino, County of San Bernardino, State of California,
described as follows:
City PTN LOT 3 BLK 51 Beginning at SW Corner LOT 3 TH E
4.39' to true POB TH N 90' TH W. 4.39' TH N 45' TH E.
98.39' MIL to a 20' ALLEY TH SO. 135' To So Li Sd LOT
TH W 94' to POB, Book 7, Page 1
Assessor's No: 140 282 49
Address of Affected Property: 372 W. 7th Street
Amount of Assessment: $169.06
(Owner: Pete Wurzburger
3767 Overland, Ste 103
Los Angeles, CA 90034)
Assessment No.2:
All that real property situated in the City of San
Bernardino, County of San Bernardino, State of California,
described as follows:
(56) City W 3' So. 90' Lot 3 and E 40', So 90' Lot 4
Blk 51, Book 7, Page 1
(50) City Ptn Lot 3 Blk 51 Com at SW or Sd Lot 3 Th E 3'
to POB Th E 1.39' Th N 90' Th W 1.39' to a Pt 3' E of
W Li Sd Lot 3 Th So 90' to POB, Book 7, Page 1
Assessor's No: 140 282 56 & 50
Address of Affected Property: 376 W. 7th Street
Amount of Assessment: $161.63
(Owner: Peter Wurzburger
3767 Overland, Ste 103
Los Angeles, CA 90034)
Assessment No.3:
All that real property situated in the City of San
Bernardino, County of San Bernardino, State of California,
described as follows:
Cheney tract LOT 11 BLK "A"
Book 21, Page 41
Assessor's No: 139 131 04
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Address of Affected Property: 985 W. 11th Street
Amount of Assessment: $202.21
(Owner: Eulalio Hernandez
3903 Portola Ave
Los Angeles, CA 90032)
Assessment No.4:
All that real property situated in the City of San
Bernardino, County of San Bernardino, State of California,
described as follows:
Tract No. 2219 Shepardson Mi Cook,
Sub Lot 72, Book 31, Page 89
Assessor's No: 148 164 11
Address of Affected Property: 957 W. 26th Street
Amount of Assessment: $183.28
(Owner: Administrator of Veterans Affairs
P. O. Box 24 DD7
Los Angeles, CA 90024)
Assessment No.5:
All that real property situated in the City of San
Bernardino, County of San Bernardino, State of California,
described as follows:
The North 1/2 of the South 1/2 of Lots 5 and 6,
Block 69, C.S.B. and the South l' of the West
100' of the N 1/2 of said Lot 6 and the South 25'
of the East 50' of the North 1/2 of said Lot 6 and
the North 37.5', the South 75' of said Lot 6, Except
the Street as Recorded in Book 7 of Maps, page 1
Records of said County
Assessor's No: 140 143 52
Address of Affected Property: 969 North F Street and
966 N. Acacia
Amount of Assessment: $259.01
(Owner: William J and Janet A. Navigato
9330 Baseline #202
Alta Lorna, CA 91701)
Assessment No.6:
All that real property situated in the City of San
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described as follows:
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CITY SO 53' W 110' LOT 4 BLK 51, Book 7, Page 1
Assessor's No: 140 282 37
Address of Affected Property: 701 N. "0" Street
Amount of Assessment: $165.39
(Owner: Peter Wurzburger
3767 Overland, Suite 103
Los Angeles, CA 90034)
Assessment No.7:
All that real property situated in the City of San
Bernardino, County of San Bernardino, State of California,
described as follows:
City Com 53' N of SW Cor Lot 4 Blk 51 E 110'
N 37' E 40' N 16' W 150' So. 53' to POB,
Book 7, Page 1
Assessor's No: 140 282 38
Address of Affected Property: 715 N. "0" Street
Amount of Assessment: $163.61
(Owner: Peter Wurzberger
3767 Overland, Suite 103
Los Angeles, CA 90034)
Assessment No.8:
All that real property situated in the City of San
Bernardino, County of San Bernardino, State of California,
described as follows:
City N. 37-1/2', So. 75' Lot 5, Blk 69,
Book 7, Page 1
23 Assessor's No: 140 143 41
24 Address of Affected Property: 965 North "F" Street
25 Amount of Assessment: $2,168.88
26 (Owner: William J and Janet A. Navigato
9300 Baseline Road #202
27 Alta Lorna, CA 91701)
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Assessment No.9:
All that real property situated in the City of San
Bernardino, County of San Bernardino, State of California,
described as follows:
R.S.B. E 175', N 851.70', LOT 8, BLK 58,
Book 7, Page 2
Assessor's No: 269 081 07
Address of Affected Property: 1807 W. Highland
Amount of Assessment: $15,243.97
(Owner: Mary F. Shephard
c/o Ken Tucker
21808 Dolers Street
Carson, CA 90745)
Assessment No. 10:
All that real property situated in the City of San
Bernardino, County of San Bernardino, State of California,
described as follows:
Legal Description provided in Attachment I
Assessor's No: 269 021 02/03/04
Address of Affected Property: 2375 W. Highland Avenue
Amount of Assessment: $220.43
(Owner: Ernest L. & Minnie E. Darby
1075 Vista Grande
Rialto CA 92376)
Assessment No. 11:
All that real property situated in the City of San
Bernardino, County of San Bernardino, State of California,
described as follows:
Murray and Payne Sub Lot 4, Blk F,
Book 4, Page 27
Assessor's No: 137 012 04
Address of Affected Property: 1375 W. Rialto Avenue
Amount of Assessment: $2,134.52
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(Owner: Ronald D. Martin
1354 W. Rialto Ave
San Bernardino, CA 92410)
All that real property situated in the City of SG.n
Bernardino, County of San Bernardino, State of California,
described as follows:
Tr No. 2505, Gifford Comstock, Lot 62,
Ex Mnl Rts Reservation of Records, Book
36, Page 1
Assessor's No: 280 073 08
Address of Affected Property: 781 E. Santa Fe
Amount of Assessment: $2,877.58
(Owner: Sunwest Bank
12112 Brookhurst Street, Suite 5
Garden Grove, CA 92640
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Parcel llo. 1:
^ portion of the east .,2 of Lot 23, 'l'nct No. 2353, as per f'lat recorded in book 33
of 'faf'!I, pAres 66 and 67, records of soLd County, snd more particul.uly described as
follows:
r~r.inninp. at the point of intersection of the e~st line of said Lot 23, with the south
line of the land de!lcrihed as Tract No. 149-1. in the Decree of T~kinz in favor of the
United States of America, entered in the United States District Cou~t. Southern Distri~~
of California. Central Division, Case No. 4758-M, Civil. a certified copy of which
decree was recorded ~~rch 3, 1947, as Recorder's Daily Instrument No. 225. said point
bp.in~ distant alon~ !laid east line 73.24 feet south of the northeast corner of said
lot; thence continuinp. south alonR said east line 256.76 feet to the southeast corner
of said lot; thence alan!! thp. southerly line of said Lot, 89" 19' 30" west 75 feet;
thence north 0" 03' 30" ,.,est, parallel with the east line of SAid lot. 251.Z5 feet to
the point of intp.rsection with the southerly line of the United Stat~s land described in
the above mentioned decree; thence along said southerly line north 89" 19' 30" east
(recorded north 89" 57' 18" east) 36.41 feet to an ande point in said 11ne; thence
continuinG along said line north 61" 10' 36" east (recorded north 81" 48' 24" east)
38.90 feet to the point of beginning.
Except that portion theteof described in the deed to the State of California recorded
October 19, 1962 in book 5787, rage 233, Official Records.,
Parcel No.2:
A portion of the west 1/2 of Lot 23, Tract Mo. 2353, as rer plat recorded in book 33
of Maps, pases 66 and 67, records of said County, and more particulsrly described as
follows:
lleginn1nfl at the point of intersection of the west line of said Lot 23. ..ith the south
line of the land described as Tract No. 149-1, in the Decree of Taking in favor of the
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EXHIBIT If.
ATTACHMENT I - Page 1 of 3
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United $tates of America, entered in the United Stat~s District Coure, Sout~crn Districc
of California, Central Division, Case No. 4758-11, Civil, a certified conv of which
decree was recorded l~rch 3, 1947, as Recorder's Daily Instrum~nt No. 225, said point
bein~ distant along said Wgst line 78.75 fePot south of thl! northwest corner of said lot;
thence south lllonp, said Wl'!st line 251.25 feet tn the southHest corner of said lot; thencp.
alonr, the sonth line of said lot; north 89. 19' 30" eRst, 75 feet; thl!nce north O. 03'
30" west paralld to th.. west line of said lot, 251.25 feet to the point of intersection
.dth the south line of the United States land described in the .'lbove-,enttoned decre~;
thence alonl'l said south line south 89. 19' 30" west (rl!corded south 89. 57' 18" west)
75 feet. to the point of beginning.
EXcept that portion thereof descr~led in the deed to the State of California, recorded
October 19. 1962 in book 5787, pa~e 233, Official Records.
Parcel No.3:
Lot 24, Tract 2353, as per plat recorded in book 33 of Maps, par,es 66 and 67, records
of said County.
Excepting therefrom the northerly 78.75 feet of said Lot 24 described as Parcel No.1
of Tract ~:o. 149-H in the Decree of TaIti1\[: in favor of the United States of Amedca,
entered in the United States District Court, Southern District of California, CentrAl
Division, Case No. 475fl-H, a cl!rt1fied copy of .~hich decree was recorded Harch 3, 1947,
as Recorder's Daily Instrument Mo. 225.
Also excepting therefrom that portion of Lot 24, lyin~ west of a line de..cribed as
commencing in the west line of said Lot 24. distant thereon 237.25 feet southerly from
the north.1est corner thereof; thence sCluth 23. 36' 12" east 232.79 fel'!t to the point
of a curve tan~ent to last above mentioned course having a radius of 3,940 feet; thence
southeasterly alon~ said curve through a central angle of 9. 28' 48" an arc distance of
127.97 feet, more or less, to the eaat line of said Lot 27, thl'! excepted portion being
the portion described as Parcels 149-F in the certified copy of De~ree of TakinR, racordec
March 3. 1947, as Recorder's Daily In..trument No. 224 and as Parcel 149-0 in the
Certified Copy of Decree of Takinr" recorded r~rch 3, 1947, as Recorder's Daily
Instrument No. 222.
Also except that portion thereof dl!scribed in the deed to the Stats of California,
recorded Octoher 19, 1962 in book 5787, page 233. Official Records.
Parcel No.4:
A portinn of th~ 11f!at 1/2 of Lot 22, Trltct No. 2353, :1a per plitt record..d in honk 33
of Haps, pnr:e.. 66 and (,7, records of said County, Itnd mOT" I'ltrticulltrlv deserihed as
f OllOI~R :
lIer.inninr, at a point on the we..t line of said tot 22 when'! the Slll'\l! int~rsl!cts the
southerly line of the land deserihed in the Decree of TnJdnr. in favor of the 1Jnitp.d
States of Amedca entered in the United StnteR Di..trict COU1"t, Southern District of
C.'llifornia, Central Division. Case No. 4758-M, Civil, a certifil!d copy of which decree
was recorded 1.larch 3. 1947, as Recorder's naily Instrument 110. 225, "aid point beinr.
Page 2
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ATTACHMENT I - Page 2 of 3
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"1st~nt lllong the !Iaicl west line 73.24 feet from the north"!!!!t corn'll' of "",id loc;
tlumce alonr, the westerly line of said lot. south O' 03' 30" eMt ~:(,. 76 feet to the
southwest corner of 93id lot; thence alonr. the southerly line of said lot north 89'
19' 30" Aut 75 feet to a point distant thereon south 89' 19' 30" WAst 75 feet from
the southeast corner of said lot; thence north O' 03' 30" "'est 267.50 ;eet to its
intersection with the southerly line of United States land described in the ahove
mentioned decree; thence alon~ said southerly line south 810 la' 36" "est (recorded
south 810 48' 24") ",est 75.76 feet to the [loint of beginning.
Except that portion thereof described in the deed to the Stat. of California recorded
October 19. 1962 in book 5787, pa~e 233. Official Records.
Code Area 710
Parcel Nos. 269-021-02
269-021-03
269-021-04
(1975-76 Rolls)
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ATTACHMENT I - Page 3 of 3
Pa/te 3
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