Los Angeles herald., 1892-03-13
HUTCH SHOWS REASONS
FOR NOT CANCELLING THE GER
TIFICATE OF SALE.
An Important Report of the Street Su-
perintendent-Tha Fifth-Street Pipe.
A Question of Rules.

Street Superintendent Hutchinson
yesterday addressed this report to COM
mon council:
in the matter of the report OF the city
clerk relative to the cancellation of GER
tain certificates of sale recorded in this
Office, which certificates your honorable
body has instructed me to cancel, pro-
vided l have no good reason for not COM
plying Herewith, l have to say:
1t appears, as far as can ascertain
from the records, that it was the inten-
ton of the city at one time to widen
Washington street. That upon recon-
mendation of the board of public works,
the honorable council decided to aban-
don the proceedings in the manner set
forth in the report of the city clerk, as
soon as paid parties vacate lands pro-
jecting in said street lying south of the
north line of said street as defined by
the council by resolution (See Vol. 10,
page 112, city clerks office). Apparent
ly the council dropped the matter here
and the matter was left to the street
superintendent to return the money and
cancel the certificates of sale as the par
ties vacated the street.
Among the property assessed for the
improvement was the estate of E. de
Cells fronting 324 60 feet on Washington
street. At the time OF the assess ment
these parties occupied a part of the
tstreet, but in accordance with the reso-
luton of the council, that part of the
street then occupied by the estate was
vacated and the certificate was cancelled
on the record (see page 66, certificate No.
65), the following entry having been
made, to-wit:
"The party owning the land described
in the foregoing certificate having va
Gated that portion OF the land therein
described projecting on Washington
street, the foregoing certificate is hereby
cancelled in accordance with the order
OF the council, etc. etc., ;" under date of
January %, 1885.
9 point 1905 feet east of the east line of
Maple avenue, as it now appears on the
official maps. At this point begins the
property OF 1. W. Hellman, and at or
NEAR this point also begin the present
obetructions. A part of the street some
thing like twenty feet, more or less, ID
occupied from the west line of Hellman' g
property to San Pedro street.
In accordance with the instructions
of the council and the agreement by
resolution then and there entered into,
it is my opinion that these parties, still
occupying part of the street. are not
entitled to the cancellation of the sale
for the reason that they have not COM
piled with the provisions made by the
council in abandoning the proposed
work.
Taking for granted that the city has
no claim to this part of the street occu-
pied by these parties, and the city COM
mence proceedings for the condemna-
ton of the said land under the present
law for opening and widening streets, it
seems hardly fair proposition to make
these parties who have already vacated
their part of the street, pay an assess
ment for the purchase of the land occu-
pied and claimed by said Hellman and
others along. the north side of the street
east to Maple avenue. If the city ac-
knowledges the fact (Which 1 don't
think it does) that it has no claim on
the property occupied by said Hellman
ct al. and pay for the property, why
should the city not pay for the property
vacated by the De Cells estate in good
faith under the recommendation, of the
council?
am of the opinion that all certif-
Gates recorded in this effice for the pro-
poeed / improvement of Washington
street should be cancelled excepting
those of Hellman, Norton, Ardito and
Dalton, being recorded on pages II, 73, rs,
n and 49, and am also of the opinion
that the mayor, council nor street sup
erintendent have legal right to order
the same cancelled only by the grant
ing of quit-claim deed by the city to
these parties.
have not cancelled the certificates
and will not until receive further in
structions from your honorable body.
In the matter of the recommendation
of this department in reference to the
laying Of the pipe across Fifth street at
the intersection of Los Angeles street
and Wall street under date Of February
18th, which recommendation was re-
ferred to the sewer committee, would
ask that your honorable body call the
matter up and have the pipe laid before
the street is paved and save the expense
of tearing up the street after it is
paved.
In the matter of draft of rules gov
erning the moving of houses through
the streets of the city, which was refer
red to your honorable body for approval
and which was then referred by the
council to the board of public works
some two or three weeks ago, would
like to ask your honorable body to call
this matter up and either approve or
disapprove the same. You will remem-
ber the city attorney informed the
council that they could not pass an Or
dinance governing the matter, but had
better instruct the street superintendent
to establish such rules as he should
think best. which was done in conjunc-
tion with the city attorneys Office. All
your honorable body was asked to do
was to approve the rules so that l may
be able to carry the same into effect. II
the board of public works desire to
draft the rules will turn the matter
over to them with pleasure, 80 long as
can have a copy Of the same for the
printer in the near future. am COM
PEELED to write out in full each permit,
as l have run out of printed blanks and
am waiting for these rules before having
any more printed. 80 that can have
the same printed on the back of the
permit. / would ask that your honor.
able body take some action in this mat
a. ~. Mrv.Anu