Loading...
HomeMy WebLinkAbout43-City Clerk . . 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 13 Agenda Item No. . . . . . . 1 2 3 4 5 6 7 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 ~ . 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 28 . . . 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 2 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . . . 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: 19 . '/ . ,~ ,. \....1 '.. .",~ -.;.; ,,:':;~"~.-..r:.,./' 20 City Attorney 21 22 23 24 25 26 27 28 3 . . . 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 EXHi>" , . . 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . 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 2 . . . . 1 Bernardino, County of San Bernardino, State of California, described as follows: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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) 28 IIIII 3 " . 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 28 . . . 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 / / / / / 4 . 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 28 . . . (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 5 I,.i'; ,", . . . . . 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 . EXHIBIT If. ATTACHMENT I - Page 1 of 3 . . . . . 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 . ATTACHMENT I - Page 2 of 3 . . . . . "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) . ATTACHMENT I - Page 3 of 3 Pa/te 3 .