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HomeMy WebLinkAbout1971 197 CC RESO1971 197 CC RESOéØRESOLUTION NO. 71- W RESOLUTION OF THE CITY COUNCIL CF THE CITY OF BALDWIN PARK FINDING AND DE- TERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 71-C-29) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine and declare as follows: a) That pursuant to Section 8104 et seq., of the Baldwin Park Municipal Code, proceedings have been initi- ated to determine whether failure to construct certain street improvements constitute a public nuisance; and b) That the property which is the subject of such proceeding is more particularly described? as follows: The southerly 66 feet of the easterly 80 feet of the westerly 280 feet of Lot 154, Tract 4624, County of Los Angeles, State of California as per map recorded in Book 68, Page 33 of maps in the office of the County Recorder of said County. c) That a duly noticed public hearing was con- ducted, pursuant to Section 8104 et seq., of the Baldwin Park Municipal Code, to determine whether a public nuisance exists; and d) That as a result of the evidence presented at said hearing, it was determined that the improvements were required by Section 8104 and pursuant to the Covenant and Agreement of Lot Split No. 443, signed on May 28, 1962 and received on June 13, 1962, in Book M-1037, Pages 495 and 496, and have not been constructed and completed in accordance with City Specifications and the same does con- stitute a public nuisance, and that the public interest requires that the same be abated; and e) That the staff report, relating to this matter is hereby approved and adopted by this reference. SECTION 2. That the owners of said property, or others having an interest therein, shall abate said nuisance in the manner set forth in the staff report, as approved by this City Council. If such abatement is not accomplished, as required hereby, within 50 days from the date hereof, the City Engineer shall abate the same, as provided in Section 8104 et seq., of the Baldwin Park Municipal Code. PASSED AND APPROVED this 21th day of July________, 1971 ATTEST: 2-^<^<^ THELMA L. BALKUS, City Clerk BIB] 37831-U01 1971-U02 197-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11507-U03 DO19640-U03 C6-U03 RESO-U03 7/28/2003-U04 ROBIN-U04 1971 197 CC RESOéØResolution No. 71-197 Page No. 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: Cin OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park do hereby Certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at Its regular Meeting of the City Council on the 2ith day of y t97i by the following vote: COUNCILMEN AYE NAY N.V. AB COUNCILMEN AYE NAY N.V. AB BLEWETT X McCARON X HAMILTON X2 MAYOR GREGORY x KING Xt X Indicates Vote AB Absent N.V. Not Voting g^^-^^^r- IHEUI 1. MI.KUS.PtW ClEtei—— BIB] 37831-U01 1971-U02 197-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11507-U03 DO19640-U03 C6-U03 RESO-U03 7/28/2003-U04 ROBIN-U04 1971 197 CC RESOéØJuly 6, 1971 TO: City Council and City Manager FROM: Director of Public Works SUBJECT: Staff Report Public Nuisance Case No. 71-C-29 LOCATION: 4173 Cutler Formerly 4654 Bresee Avenue) Improvements required as a part of Building Permit No. 370 and Lot Split No. 443. Curb, gutter, sidewalk, drive approach and pavement, 1- Lot Split Covenant and Agreement recorded Book M-1027, Pages 495 and 496, June 13, 1962. 2- Building permit completed January 7, 1963. 3- Owner signed statement to proceed with improvements, to be added to taxes on May 20, 1971. It is recommended that the street improvements be required as indicated above. APPROVED BX^CITY MANAGER BIB] 37831-U01 1971-U02 197-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11507-U03 DO19640-U03 C6-U03 RESO-U03 7/28/2003-U04 ROBIN-U04 1971 197 CC RESOéØ CITV OF BALDWIN PARK 14403 E PACIFIC AVE. BALDWIN PARK. CALIFORNIA ED|tv4 1-1111 May 17, 1971 FILE: 4654-58 Bresee, Cutler frontage L.S. 443 Charles E. and Dorothy A. Berthel 4615 N. Bresee Avenue Baldwin Park, California Dear Mr. and Mrs. Berthel: Street construction on Cutler Avenue between Benbow Street and Bellbrook Street has been slowly progressing with various stages of property development. We are now to the point where it has become feasible to install the remaining street improvements required by the conditions of various lot splits facing Cutler Avenue, Planning Commission Resolution No. 838 for Lot Split 443, 4654 Bresee Avenue, required that the street improve- ments be installed upon demand of the City Engineer at such time as the future street is developed". The re- quired and recorded Covenant and Agreement form further stipulated that it was to be binding upon any future owners, heirs, or assigns until such time as said curbs, gutters, sidewalk and pavement, etc., are installed...", Los Angeles County records indicate that you are presently the owner of the property facing Cutler Avenue included within the boundaries of Lot Split 443. It is therefore requested that you install the above mentioned street improvements and contact this office with respect to either scheduling the construction or deposit- ing a sum adequate to cover the cost of installation. Very truly yours, DWIGHT F. FRENCH Director of Public Works Office Engineer bn o^S^ Me, JKC:bn e xy. z&^T^^ w^^-^f^^' 9 /3^^cy /wy /f^/ BIB] 37831-U01 1971-U02 197-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11507-U03 DO19640-U03 C6-U03 RESO-U03 7/28/2003-U04 ROBIN-U04 1971 197 CC RESOéØ/;:'' 1 1['.;<»'.'? I f'"G K^L^ Y y...v^,,;.,. w^ KMi;^71'^" *'•-'<•• t i /lir^ CORDFD W. i0: y ierk C't-y of Baldwin rk f i4405 oSt Pocit Baldwin Park, California COVENANT ANO AGREEMF.NT TO COMPLY WITH CONDITION OF LOT SPLIT This Covenant' and Ayreement made the..^ day of / * V /" fl11—^ n t'he City of Baldwin Park,Cal i fornla. 1, U MARY LO-.'j^r GALL&.NTINE________________________________ tW&, ami the owner(s) of and only person(s) having an Interest in the fotlowing described real property tn the City of Baldwin Park, County of Los Angeies, State of California: U-i^* south one-half of the west une-half o' Lot 154, Tract 4624, as per ao recorded in O-^K 6ft, pagf 5^. in the office of the recorder of said county. rtnich property is* located at 46^2 Bresee Avenue Street, Avenue, Drive Baldwin Park, California *n a proceeding brought pursuant to the tot split ordinance of the alowin Park rtunlclpal Code W, 1) Wt^, was) granted the right to subdivide said property into 5 parcels,, provided Wt, 1) dedicated the fol(owing portion of cj property for future street purposes, to-wit: J n QSterty *)'. r^ot of tho o'j;-!1'', hnlf uf hp west half of lot 154. /• lo, 4624. as shewn on /nap recorded in BOOK 68 pa^e 55. of Map-3. i t• ct r ice ot-rrip Kecorcier of the County o^ os Anqeles. if i iqreed 1>; writinq to improve the same with curbs, gutters, sidewalk and OFivf-ment hook-up i at such tifinc as the future street is developed. The future /i reef haviny I'ceri leeded to the City. We»^ i) do hereby promise, covenant and agree to and with the City of did^in Park nd the City Engineer of saio City that we, I' will Instal( said i t s> utt^^-, i dewal in'» p.ivement tL>ok—up 1 In accordance with City c 1 f 1 Cdi i ons whenever * fcfi-ornei, ffasihie to do so es clet^-mnined by thr* C:'y er. BIB] 37831-U01 1971-U02 197-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11507-U03 DO19640-U03 C6-U03 RESO-U03 7/28/2003-U04 ROBIN-U04 1971 197 CC RESOéØ103^4^ 11 is j.-r.-^r a^roed * *h0uta iw, 1) negii^t, fail or rc*fu&p to iftstati lidic curbs, gutters, sidewalks, pavement hook-up) when requested by ttw City Engineer, the City may do so on OOK, my) behalf and charge the cost thereof to me). Such charge shaft be a lien against said real property, and any de- posit befonging to UK, me) ind held by the City may be used to satisfy the same. In case suit Is brought to enforce this agreement, e will pay the Ctty a reasonable attoiney's fe^' as fixedly the Court. This Covenant and Aqreement shall be recorded by ya, me) at my) own expense and ft shall b? b'r.d'ng upon any future ow'ters, helrs» or assigns unfri, such time as said curbs, utiors, sidewalks, and pavemciir hook-upl are Installed or this agreement s cancelled by order of the City Council. DATED this b_ day of a y^._____, 19 / / / / t / t^--^ ///Y<- Wj f- f L' c. /^ y / 6:-^ /- Address_______^,_________^ Baldwin Park, California tAt?: OF CALIFORNIA 55. COUNTY OF LOS ANGELES On this day of 19_LL^L, before ir^, the c-rsigned, a Notary P-jblic to and for sfc^d County, cL.ly, c'-i nis-sloned, personally ipp"a;-od i^ v *- si— /^ C^^t^ i_______________ ow" to me to be the person('9> hose namets^. Is, sr^X subscribed \o the foregoing n..iruri®nt, and acknowledged to me that he, she, ttfy) executed same, WITNESS my hand and official seal. *• Notary Public In and for the Counfv of Los Angeles, State of Cat i fornTaW'^' L Lu'-1-0 l^ r^ n l^ o-.r ISFS Lot Split Regulations-Future Street Imp.) cord with County Recorder BIB] 37831-U01 1971-U02 197-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11507-U03 DO19640-U03 C6-U03 RESO-U03 7/28/2003-U04 ROBIN-U04 1971 197 CC RESOéØP.N. CASE NO. 71-C-29 4713 Cutler Formerly 4654 Bresee CITY OF BALDWIN PARK Improvements guaranteed, in progress or required. Existing improvements. CUTLER AVENUE STUDY From Bellbrook St. to Benbow St. ORWG. BY CKO. BY APPROVED BY DATE CITY ENGINEER ftE BIB] 37831-U01 1971-U02 197-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11507-U03 DO19640-U03 C6-U03 RESO-U03 7/28/2003-U04 ROBIN-U04 1971 197 CC RESOéØDATE 6"-^/- NUISANCE NO. /- 7 TO: Building Department FROM: Engineering Department SUBJECT; Failure to construct street improvements under Section 8104 et seq., Baldwin Park Municipal Code I. OWNER'S NAME /L^U^. C^^-O^'c^ L^- II. PERMIT ISSUED DATE) L__________________ III. VALUATION 3^ JL_________________________ IV. WAS AGREEMENT SIGNED? S<g6- 5/^/-/g /C'(-/bc^7-- /^-z3 /-^ /'/ V. IS JOB COMPLETE? t/^^ C / VI. WliAT oa-KLUT IMPROVl^lEHT IS NEEDED? /S^//>^ /-/^e^«-^-r curb, gutter, sidewalk, drive approach) /^/^_______ Building Department review by: BIB] 37831-U01 1971-U02 197-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11507-U03 DO19640-U03 C6-U03 RESO-U03 7/28/2003-U04 ROBIN-U04