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HomeMy WebLinkAbout1982 - Fifth Street Abandonment• 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 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BUILOIN, SANTA ANA. CALIFORNI. wa__4 RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP AND ABANDONMENT OF A PORTION OF A CERTAIN STREET IN THE CITY OF NEWPORT BEACH, TO -WIT, THAT PORTION OF THE UN -NAMED STREET COMMONLY KNOWN AS FIFTH AVENUE, LYING NORTHERLY OF AND ADJACENT TO BLOCK "K" OF TRACT NO. 470, DECLARING IT TO BE FOR THE PUBLIC INTEREST AND CONVENIENCE, AND FIXING THE TIME AND PLACE FOR HEARING OBJECTIONS TO SAID PROPOSED IMPROVEMENT, AND SPECIFYING THE EXTERIOR BOUNDARIES OF THE DISTRICT OF LANDS TO BE AFFECTED OR BENEFITED BY SAID WORK OF IMPROVEMENT AND TO BE ASSESSED TO PAY THE DAMAGES, COST AND EXPENSES THEREOF. The City Council of the City of Newport Beach, pursuant to the provisions of an act of Legislature of the State of California, known as "Street Opening Act of 1889", approved March 6th, 1889, and amendments thereto, does resolve and declare as follows: Section 1 That the public interest and convenience requires the closing up and abandonment of a portion of a certain public un- named street commonly known as Fifth Avenue in the city of Newport Beach, and it is the intention of the City Council of the City of Newport Beach to order the following described portion of that certain street commonly known as Fifth Avenue in said city to be closed up and abandoned, to -wit: "That portion of the un -named street, commonly known as 5th Avenue, 25 feet wide; lying north- erly of and adjacent to Block UK" of Tract No. 470, as said street and said block are shown on map recorded in Book 17, page 28 of Miscellaneous Maps, records of Orange County, California, lying easterly of the northerly prolongation of a line parallel with and distant easterly 32 feet, measured at right 10 i • 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 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BUILOIN, SANTA ANA. CALIFORNI. wa__4 RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP AND ABANDONMENT OF A PORTION OF A CERTAIN STREET IN THE CITY OF NEWPORT BEACH, TO -WIT, THAT PORTION OF THE UN -NAMED STREET COMMONLY KNOWN AS FIFTH AVENUE, LYING NORTHERLY OF AND ADJACENT TO BLOCK "K" OF TRACT NO. 470, DECLARING IT TO BE FOR THE PUBLIC INTEREST AND CONVENIENCE, AND FIXING THE TIME AND PLACE FOR HEARING OBJECTIONS TO SAID PROPOSED IMPROVEMENT, AND SPECIFYING THE EXTERIOR BOUNDARIES OF THE DISTRICT OF LANDS TO BE AFFECTED OR BENEFITED BY SAID WORK OF IMPROVEMENT AND TO BE ASSESSED TO PAY THE DAMAGES, COST AND EXPENSES THEREOF. The City Council of the City of Newport Beach, pursuant to the provisions of an act of Legislature of the State of California, known as "Street Opening Act of 1889", approved March 6th, 1889, and amendments thereto, does resolve and declare as follows: Section 1 That the public interest and convenience requires the closing up and abandonment of a portion of a certain public un- named street commonly known as Fifth Avenue in the city of Newport Beach, and it is the intention of the City Council of the City of Newport Beach to order the following described portion of that certain street commonly known as Fifth Avenue in said city to be closed up and abandoned, to -wit: "That portion of the un -named street, commonly known as 5th Avenue, 25 feet wide; lying north- erly of and adjacent to Block UK" of Tract No. 470, as said street and said block are shown on map recorded in Book 17, page 28 of Miscellaneous Maps, records of Orange County, California, lying easterly of the northerly prolongation of a line parallel with and distant easterly 32 feet, measured at right 10 r1 L J 0 1 2 3 4 5 6 7 8 9 Fill 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON SUILOIN( SANTA ANA. OALIFORNL .4c z angles from that certain tangent course in the westerly line of Lot 4 in said Block "K ", shown on said map of Tract No. 470, as having a bearing of South 15® 24'r East-and a distance of 29.95 feet and lying northwesterly of the northeasterly pro- longation of that certain tangent course in the southeasterly line of said Lot 4, shown on said map as having a'length of 97.92 feet." All portions of said street to be closed up and abandoned are more clearly shown on a certain map approved and adopted by the City Council of the City of Newport Beach for sai`d / closing up and abandonment, by Resolution dated the ,4-/ *7. day of v t.P$ do , 19 O , and designated Resolution No. /w . Section 2 That the exterior boundaries of the district of lands to be affected or benefited by said work of improvement and to be assessed to pay the damages, cost and expenses thereof, are particularly described as follows, to —wit: All that certain real property situatedin the City of Newport Beach, County of Orange, State of California, and more particularly described as follows: "Beginning at the most westerly corner of Block "K ", as shown upon a map of Tract No. 470 recorded in Book 17, page 28 of Miscellaneous Maps, Records of Orange County, California; running thence southerly along the westerly line of said Block "KI' to the southwesterly corner of said Block "K"; thence easterly along the southerly line of said Block "KI' 43.51 feet to an angle point in the southerly line of said Block "K "; thence northeasterly along the southeasterly line.of said Block "K" and its northeasterly prolongation to an intersection with the northeasterly line of that certain street commonly known as 5th Avenue, 25 feet wide, lying north- easterly of and adjacent to said Block "K"; thence north- westerly along the northeasterly line of said 5th Avenue, 280 feet; thence southwesterly in a direct line, 25 feet to the point of beginning." Section 3 That said proposed work of improvement is for the closing up and vacating of a portion of that certain street herein. 2. • 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 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA above more particularly described, and it appears to the said City Council of the City of Newport Beach that no assessment is necessary. Section 4 That the proceedings for the closing up of the aforesaid portion of that certain un -named street commonly known as Fifth Avenue, shall be had and taken under and in accordance with an act of the Legislature of the State ofCalifornia, designated and known as: "AN ACT TO PROVIDE FOR LAYING OUT, OPENING, EXTENDING, WIDENING, STRAIGHTENING OR CLOSING UP IN WHOLE OR IN PART ANY STREET, SQUARE, LANE, ALLEY, COURT OR PLACE WITHIN MUNICIPALITIES, AND TO CONDEMN AND ACQUIRE ANY AND ALL LAND AND PROPERTY NECESSARY OR CONVENIENT FOR THAT PURPOSE," approved March 6, 1889, and amendments thereto. Section 5 The Street Superintendent of the City of Newport Beach shall cause to be conspicuously posted along tke line of said contemplated work and improvement and at not more than three hundred (300) feet in distance apart, but not less than three (3) in all, notices of the passage of this resolution, in the form and manner as required by law; and he shall also cause a notice similar in substance to be published by inserting said notice for four successive times in the NEWPORT BALBOA NEWS TIMES, a semi - weekly newspaper published and circulated and of general circulation in the city of Newport Beach, California, which said newspaper is hereby designated for that purpose by said City Council of the city of NewportBeach, which said notice shall con- tain a statement of the fact of the passage of this resolution of intention, the date hereof, and briefly describing the work of improvement proposed and referring to this Resolution for further particulars. 3. r1 LJ 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 _ 29 -30• 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA .r.` Section 6 That any person interested, objecting to said work of improvement or to the extent of the district or lands to be affected or benefited by said work of improvement, and to be assessed to pay the cost and expenses thereof, may make written objections to the same, within ten (10) days after the expiration of the time of the publication of said notice mentioned in Section 5 hereof, which objections shall be delivered to the Clerk of the City Council, who shall endorse thereon the date of its reception by him, and at the next meeting of the City Council, after the expiration of said ten (10) days, lay said objections before said City Council who shall fix a time for hearing said objections,not less than one (1) week thereafter. The City Clerk shall thereupon notify the persons making such objections of the time and place of the hearing of said objections by the City Council and notice of said hearings shall be given by depositing a notice thereof in the post office of said City of Newport Beach, postage prepaid thereon, addressed to said objector. I hereby certify that the foregoing Resolution was duly and regularly introduced, passed and adopted by the City Council of the City of Newport Beach at a regular meeting thereof, held on the ek day of (�� k,� , 1940, by the following vote, to —wit: AYES, COUNCILMEN: ��e 1� �`at re., NOES, COUNCILMEN: � 'A -T%I?- ABSENT, COUNCILMEN: TT Cty�er ay r 4.