HomeMy WebLinkAbout5814 - 28th St & Lafayette Ave VacationWWC >mec
7/22/63
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION, CLOSING
UP AND ABANDONMENT OF PORTIONS OF CERTAIN STREETS
KNOWN AS 28TH STREET AND LAFAYETTE AVENUE
WHEREAS, the City Council of the City of Newport Beach
did, on the 13th day of May, 1963, pass its certain Resolution of
Intention No. 5775, declaring its intention to order the vacation,
closing up and abandonment of portions of certain streets known as
28th Street and Lafayette Avenue in the City of Newport Beach, here-
inafter more particularly described, pursuant to and in accordance
with the "Street Vacation Act of 1941 ", and all amendments thereto,
being Sections 8300 to 8331, inclusive, of the Streets and Highways
Code of the State of California; and
WHEREAS, the Street Superintendent of the City of Newport
Beach has caused to be posted conspicuously along the lines of the
portions of said streets proposed to be vacated, not more than 300
feet apart, and not less than three in all, notices of the vacation
of said portions of said streets, all of which will more fully appear
from the affidavit of Donald C. Simpson, Street Superintendent of
the City of Newport Beach, on file in these proceedings; and
WHEREAS, said notices so posted by the Street Superin-
tendent of the City of Newport Beach stated the passage of said
Resolution of Intention No. 5775 aforesaid, and the time and place
of the hearing of all persons interested in or objecting to the
proposed vacation of said portions of said streets; and
WHEREAS, the City Council of the City of Newport Beach
did set Monday, July 8, 1963, at 7:30 P. M. of said day as the
time, and the Council Chamber of the City Council of the City of
Newport Beach, located in the City Hall of the City of Newport
Beach, as the place, for the hearing of all persons interested in
or objecting to the proposed vacation of said portions of said
streets; and
WHEREAS, said Resolution of Intention No. 5775 aforesaid
has been published at least once in the Newport Harbor Ensign, a
newspaper of general circulation, printed, published and circulated
in the City of Newport Beach, and said publication was made more
than 15 days prior to the date set for the hearing of all persons
interested in or objecting to the proposed vacation, all of which
will more fully appear by the affidavit of Arvo E. Hasps, publisher
of said Newport Harbor Ensign, on file in these proceedings; and
WHEREAS, said hearing was opened on July 8, 1963, and was
thereafter continued to July 22, 1963, at which time additional
evidence was taken; and
WHEREAS, the City Council of the City of Newport Beach
has heard the evidence, both written and verbal, of all persons
interested in the vacation of said portions of said streets in
this resolution more particularly hereinafter described,.and finds
from all the evidence submitted that said portions of said streets
described in said Resolution of Intention, and hereinafter described,
are unnecessary for present or prospective public street purposes;
and
WHEREAS, it appears from evidence presented at the hearing
that certain utilities are located within the portions of said 28th
Street and said Lafayette Avenue proposed to be vacated, closed up
and abandoned and easements must be reserved therefor;
NOW, THEREFORE, the City Council of the City of Newport
Beach finds and determines and hereby orders that the following
described portions of those certain streets known as 28th Street
and Lafayette Avenue in the City of Newport Beach, to wit:
A portion of 28th Street, formerly known as 26th Street, name
changed by Ordinance No. 351, September 17, 1928, in the City
of Newport Beach, Orange County, California, more particularly
described as follows:
Beginning at the Northwesterly corner of Lot 10, in Block 324,
:. Lancaster's Addition to Newport Beach, as shown on a map
thereof, recorded in Book 5, Page 14, of Miscellaneous"Maps,
Records of said Orange County, said point being the intersec-
tion of the Northwesterly line of said Lot 10 with the Westerly
line of said Lot 10; thence North 76° 14' 00" East along said
Northwesterly line of said Lot.10 and..along the Northwesterly
line of Lot 11 in said Block 324, a distance of 58.17 feet to
a point on a curve concave Northwesterly and having a radius
of 166.24 feet, said point being the true point of beginning
2.
of this description, a radial line from said point bears North
47° 12' 22" West; thence Northeasterly along said curve
through an angle of 11° 30' 23 ", a distance of 33.38 feet to
an intersection with the Northwesterly prolongation of the
Northeasterly line of Lot 12 in said Block 324, a radial line
from said intersection bears North 580 42' 45" West; thence
South 69° 05' 30" East along said Northwesterly prolongation,
a distance of 37.02 feet to the most Northerly corner of said
Lot 12; thence South 76° 14' 00" West along the Northwest-
erly line of said Lot 12 and along the Northwesterly line of
said Lot 11, a distance of 56.27 feet to the true point of
beginning of this description;
and
A portion of Lafayette Avenue, in the City of Newport Beach,
Orange County, California, more particularly described as
follows:
Beginning at the Southwesterly corner of Lot 1 in Block 324,
Lancaster's Addition to Newport Beach, as shown on a map
thereof, recorded in Book 5, Page 14 of Miscellaneous Maps,
records of said Orange County; thence South 850 03' 01"
West 40.17 feet to the Northeasterly corner of the land-con-
veyed to the City of Newport Beach by.Deed recorded November
1, 1922 in Book 438, Page 174, of Official Records of said
Orange County; thence North 0° 23' 30" East,along the East-
erly line of Block 224, Section A, Newport Beach, as shown
on a map thereof, recorded in Book 4, Page 21, of Miscellane-
ous Maps, Records of said Orange County, a distance of 333.48
feet to a point, said point being South 00 23' 30" West 28.38
feet from the Northeasterly corner of said Block 224; thence
North 76° 14' 00" East along a line parallel with and 27.52
feet Southerly of the Northerly line of said Block 224, a
distance of 14.75 feet to the beginning of a tangent curve
concave Northwesterly and having a radius of 166.24 feet;
thence Northeasterly along said curve through an angle of
9° 21' 58 ", a distance of 27.18 feet to a point in the West-
erly line of said Block 324, said point being South 0° 23' 30"
West 26.09 feet from the Northwesterly corner of said Block
324; thence South 00 23' 30" West along the Westerly line of
said Block 324, a distance of 342.12 feet to the point of
beginning;
are unnecessary for present or prospective public street purposes,
and that they be vacated, closed up and abandoned, subject to the
reservations and exceptions hereinafter reserved.
The City Council further finds and determines, and it is
hereby ordered, that the public easement in the portions of said
streets as heretofore described has, upon the passage of this
resolution, ceased, except there is hereby reserved and excepted
from the vacation and abandonment of said portion of 28th Street
and from the vacation and abandonment of said portion of Lafayette
Avenue a permanent easement and right at any time or from time to
time to construct, maintain, operate, repair, replace, remove and
3.
renew any gas lines, sanitary sewers and water lines and their
appurtenances in, upon, over and across said portion of 28th Street
and said portion of Lafayette Avenue.
The City Council further orders that the City Clerk of
the City of Newport Beach shall cause a certified copy of this
Order, duly attested by her as the City Clerk, under the seal of
the City, to be recorded in the office of the County Recorder of
the County of Orange, State of California, immediately following
the passage of this resolution.
ADOPTED this A2-d day of 1963. 3.
Mayor
ATTEST.'
City Clerk
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4.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH)
I, MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, do hereby certify that according,to the records of the
City of Newport Beach filed and maintained in my office, the foregoing
Resolution No. 5814 was duly and regularly
adopted, passed, and approved by the City Council of the City of Newport
Beach, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on .the 22 day of July ,
19 63 by the following, vote, to wit:
AYES, COUNCILMEN: Stoddard, Gruber, Cook, Bart
Lorenz, Marshall, Elder
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Dated.this 23rd day of July „ 19 63
AA—
City Clerk -a d E - Officio Clerk of.the
City Council, City of Newport Beach,
State of California.
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