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Resolution No. 1288 War) RESOLUTION NO. 1288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN THE CITY MAY BE MAINTAINED IN SUCH A WAY AS TO CONSTITUTE A NUISANCE, AND DECLARE ITS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY CODE. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. Report and Recommendation On September 11, 1972, the City Council of the City of Cypress received a report and recommendation of the Public Works Director that certain premises within the City may be maintained in such a way as to constitute a nuisance, as defined in Section 13-14 of the Cypress City Code. Section 2. Description of Premises Such premises involved are generally located on the northeast corner of Denni Street and Orange Avenue and described by reference to the Assessor's Parcel numbers and legal descriptions as follows: Parcel #1, AP #244-013-54, Portion of the N.E. Corner of Denni Street Orange Avenue, Lot 28, Tract #5237. Lot 28 of Tract 5237 in the City of Cypress, County of Orange, State of California, as shown on a map recorded in Book 199, pages 39 and 40 of Miscellaneous Maps in the office of the County Recorder of said County. EXCEPTING therefrom that portion described as follows: Beginning at a point in the southerly line of said Lot 28 being also a point in the northerly Right of Way line of Orange Avenue as shown on said Tract Map said point being distant South 89° 35' 50" West 354.55 feet from the southeast corner of said Lot 28; thence along said southerly line of Lot 28 South 89° 35' 50" west 123.00 feet to the beginning of a tangent curve concave northeasterly and having a radius of 27.00 feet; thence northwesterly and northerly along said curve through a central angle of 90° 01' 58" an arc distance of 42.43 feet to a point in the westerly line of said Lot 28 and the easterly Right of Way line of Denni Street as shown on said Tract Map; thence North 0° 22' 12" West 123.00 feet along said west- erly line to a line that is parallel with and distant northerly 150.00 feet measured from the southerly line of said Lot 28; thence North 89° 35' 50" East 150.00 feet along said parallel line to a line that is parallel with and distant easterly 150.00 feet measured from the westerly line of said Lot 28; thence South 0° 22' 12" East 150.00 feet along said parallel line to the point of beginning. Parcel #2, AP #244-013-53, Portion of the N.E. Corner of Denni Street and Orange Avenue, Lot 28, Tract #5237 (Service Station Site) . That portion of Lot 28 of Tract 5237 in the City of Cypress, County of Orange, State of California, as shown on a map recorded in Book 199, pages 39 and 40 of Miscellaneous Maps in the Office of the County Recorder of said County, described as follows: jn'�. 'be E, 0 Beginning at a point in the southerly line of said Lot 28 being also a point in the northerly Right of Way line of Orange Avenue as shown on said Tract Map said point being distant South 89° 35' 50" west 354.55 feet from the southeast corner of said Lot 28; thence along said southerly line of Lot 28 South 89° 35' 50" west 123.00 to the beginning of a tangent curve concave northeasterly and having a radius of 27.00 feet; thence northwesterly and northerly along said curve through a central angle of 90° 01' 58" an arc distance of 42.43 feet to a point in the westerly line of said Lot 28 and the easterly Right of Way line of Denni Street as shown on said Tract Map; thence North 0° 22' 12" west 123.00 feet along said westerly line to a line that is parallel with and distant northerly 150.00 feet measured from the southerly line of said Lot 28; thence North 89° 35' 50" east 150.00 feet along said parallel line to a line that is parallel with and distant easterly 150.00 feet measured from the westerly line of said Lot 28; thence South 0° 22' 12" East 150.00 feet along said parallel line to the point of beginning. Section 3. Description of Conditions The conditions which may constitute such a nuisance are described as follows: Unstable piles of broken concrete and broken asphalt pavement mixed with dirt and plant growth, piles of dirt; discarded furniture and other mixed trash and debris. The conditions constitute a harboring place for pests, a nuisance to the adjoining residents and a potential hazard for children at play. Section 4. Recommended Abatement The recommended methods of abatement are stated as follows: Remove all piles of broken concrete and broken asphalt pavement, discarded furniture and all miscellaneous trash and debris and level off the entire parcel. Section 5. Nuisance The City Council of the City of Cypress hereby finds, based upon such report and recommendation that such premises may be maintained in such a way as to constitute a nuisance, as defined in Section 13-14 of the Cypress City Code. Section 6. Hearing The City Council of the City of Cypress hereby declares its intent to conduct a public hearing on the 9th day of October, 1972, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, at 8:00 p.m., to ascertain whether the same constitutes such a nuisance, the abatement of which is appropriate under the provisions of Article III of Chapter 13 of the Cypress City Code. At such hearing, the City Council will hear and consider all relevant evidence, objections, or protests, and receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged nuisance and to the proposed rehabilitation, repair or demolition of such premises. Section 7. Notice Within thirty (30) days after the passage of this resolution by the City Council of the City of Cypress, the City Clerk is directed to cause to be served upon the owner of such premises, a certified copy of this resolution, and a notice of the time and place of hearing before the Council. Such service shall be made by registered or certified mail, addressed to such owner at the last known address of such owner. The City Clerk also is directed to cause to be conspicuously posted on such premises a certified copy of this resolution, and a notice of the time and place of hearing before the Council, at least ten (10) days before - 2 - the time fixed for such hearing. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 11th day of September, 1972. MAYOR OF CI Y 0 ATTEST: CITY 6 OF TEiECCITY'(4 CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the said City Council held on the 11th day of September, 1972, by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Roberts and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CIT CLERK F E C ' Y OF CYPRESS - 3 -