The URL can be used to link to this page

Home My WebLink AboutCC Ord 402 1951-05-07 --J I 71\ 81 'I 9/1 10 II I 111 12\ 13 1 2 3 4 5 6 ORDINANCE NO. -10.z AN ORDINAlWi: OFt THE CITY OF SEAL BEACH REGULATINGj~NCROACI\MENTS UPON A CERTAIN EASMENT, REGULATING, SET-:BACKS SOUTH OF OCEAN AVENUE, AND PROVIDIIllG FOR THE PUB- LICATION OF THIS ORDINANCE. The City Council of the City of Seal Beach does ordain as follows: Section 1. It shall be unlawful for any person. firm. organization or corporation to construct or erect. or cause or per- mit to be constructed or erected, any building or structure. or part thereof, which is w,~l#" I one foot ~ '- of the ~ bound- ary of the utility easement existing in favor of the City of Seal Beach. south of Ocean Avenue between First Street and Eighth Street which building or structure, or part thereof , is higher than an . 14 imaginary plane parallel to the ground level of Ocean Avenue and 15 Which plane is three feet above the south curb of Ocean Avenue. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RoaERT BUCK ATTGIUIEY AT LAW 807 ..IIRGIN. TRU.T .un.DING LoNG BKACII a. CAL.P. Ta.KPIIONIr 7CM'" 'I 32 Section 2. It shall be unlawful for any person, firm, organization or corporation to erect or construct or permit or caus to be erected or constructed, or to maintain and allow or cause or permit to be maintained or allowed, any structure or building, or part thereof,; to encroach in any manner whatever upon the utility easement in favor of the City of Seal Beach south of Ocean Avenue and running between First Street and Eighth Street, unless the own- er of the property upon which such building or structure, or part thereof, is constructed or erected, or maintained or allowed, agree in writing with the City of Seal Beach, t~t such owner and his hei s assigns and successors in interest will allow the City of Seal Beac to enter upon said easement at any time whatever for the purpose of exercising said City's rights under the easement and allowing the City to do any and everything necessary and proper in order to ex- ercise such easement rights without any expense to the City of Seal Beach and solely at the expense of said owner. his heirs, assigns or successors in interest and holding the City of Seal Beach free -1.. 6 7 8 911 10 I I 11 12 I 13,1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ROBaRT BUCK ATrORNSY AT LAW 807 0I0.IN. TRUeT aUILDIII. 'LoNG IbAcH a. CAUP. Ta.DMOIOl: 7CM-otl ~ I Ordinance Number ,...- , , ". 1 2 3 41 I 5' and harmless ror the exercise of its utility easement rights and without such encroachment being in any manner a waiver of such easement. Section 3. Any person, firm, organization or corpora- tion violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $300.00 or by imprisonment in Jail for a period not exceeding thirty (30) days, or by both such fine and imprisonment. Section 4. The City Clerk shall certify to the passage of this Ordinance by the City Councilor the City of Seal Beach an shall cause the same to be printed and published once in the SEAL BEACH POST & WAVE, a newspaper of general circulation printed, pub- lished and circulated in the City of Seal Beach, and it is hereby designated for that purpose. Seotion 5. This Ordinance shall take effect thirty days from and after its final passage and adoption. , PASSED, APPROVED AND ADOPTED by the City Council of the Ci ty or Seal Beach this 77.1- day of ~ 19~ MA~CI~~~~ I hereby oertify that the foregoing Ordinance was passed approved and adopted by the City Council of the City of Seal Beach at its regular meeting held on the~y of H~~~~l, 195', by the following vote: AYES, Councilmen: .B4J1/.e.1l1j Li"W'EA(' LcO.Ah:1JPL'$ ~s' SC'''.I;l!'~'(M--;-'i7""N'''IVt.s: V\l.:1.:8Srel.(, S,#//FEL..7' PASS, Councilmen: /Va "If/' e;. ABSENT, Counoilmen: oN, ...2.. o - ORDI1JAlJCE NO. 402: AN ORDnJAl~CE OF THE CITY OF SEAL BEACH REIJULATIHG EI1CROACm.mNTS UPON A CERTAIIT EASg.muT, REQULATL"1G S'ST-BACKS SOUTH OF ocEln Av.slUur; AND PROVIDIUG FOR THE PUB. LICI\.TIOU OF THIS ORDIi!.IUl'CB. ,The City Council of ~~e City of. Seal Beech does ordain COPY' I as follo~. ". Sec,tion 1. It Dhen be unlo.utu1 for any !>oreon, firm, or~anization or corporation to constr~ct or erect, or caus& or per- mit to be oonstrllOted or ereoted, any building or strl1C~uro, or part the~ot, whiCh io uithin one foot of the North boundary of the utility easenent oxistin~ in favor ot tho City of Seal Boach, south of Ocean Avenue botl:JEle"- Pirst and Eighth Str~et, whioh / . b!,lild1n:z or s tZ"UOture, or paI.'t tl\ereof, is hisber than an L~a5inary ~lane parallel to the ~round level of Ocean Avonue and u1'1ioh "lane is three feet above the south ourb of Ocea.n Avenue. Section 2. It shall be unlawful for any person, firm, or~nniz~tion or corporation to erect or constrllOt or permit or cauoe to be ereotod or constructed, ~r to maintain and al1~1 or ~~use or pe1"l1it to be maintahied or alloued, ~y structure or buildin~, ~r part thereof, to encroach in nl'lJ 'llanner uhatever u!.>on tho utility easement in favor of tho City of Seal Beach south of Ocean Avenue and runnln~ between First and El~hth Street, unless tho ouner or the propsrty upon uhich such ouildin~ or structure, or part thereof, is constructed or erectod, or"naintained or allowed, a~ree& in writing with the City of Seal Baaoh, that such owner a~d his heirs, Qsa1~s and successors in intorest lilll 0.110\"1. the City of Seal Boaoh to entol' upon said Gasement .a.t any timG whatever for the !lUl'1)ose of , -f e~cGrsin~ eaid City's rights andor the easement and Ql10uin~ the City to do any and every thin, necessary and propel' in ordo~ to ex- erciae s'lch eaae:nent rights n1tlotout any expense tOo the City of Seal Beaoh and solely at the expense of said owner, his heirs, Qosi~a or suocessor9 in interest and holding tho City of Soa1 Beaoh freo I ,\ \ Ordinance Number and harmless tor the oxeroiso 01' itq utility eassmOnt right~ and l:fitho~si1ch oncroachmont being in tuly l11!lM3r a. ttalvor of' ouch easEl"~ont. Section 3... Any po:(>(\o.rl.p i'iriil. or<;nniaation or oorpore;' tion viola.ting any of the pro72.a^!.oce of this Ordinance- ,ohell- bo deo'l1ed guilty 01' a misdemotull)l' E\l1d uvail conviction, thereof' sha.ll bo punished ~ a fino mnt enep.e(l.i.~13 0300.00 or by ir.1prisonl!1ont in 3"U f<;>1" a. period ,not exooen'l.n3 thirty (0) days, or by both such tine ~nd tmprisonmont. Section 4. The GUy Olerk sl'1all. certify to the passage of this Ordinance by the City C:o'tncil of the City of' Seal. Beaoh and e~al.:" cause the SQMe to be printed and pllbliBhod on"e in :the SEAL Bl'.:!\CH POST & UAVE p a nOl:fspape::' of' 3eneral oiroulat1on printed, publlshed and circulatod 10 tho City of' Seal. Boacb. and it is hereby desi~atf)d for thnt purpose. Section ~!I. Tblo Ornina.nqe shall take effect thirty daye f'X'0IlI and after its 1'ina.l. 9aosa1e and adoption. PAr-SED, Al'iROVED JllJT) AOOP'rLlD by the City C~ltnCll 01' the City of Seal Beach this 7th ~ay of' Uny, 1951;. I.