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HomeMy WebLinkAbout7188 - Vacation & Abandonment of Bayside Drive`Als-re vmctv-r /V, kI3 / ` aeK gs68':p46t 71; Re-cc le 7Jao 1/V�©Z,4 4>k Goofv-v 3 °0-71 3:61 PM. • ®1_ 5/20/70 RESOLUTION N0, 7188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION, CLOSING UP AND ABANDONMENT OF A PORTION OF A CERTAIN STREET KNOWN AS BAYSIDE DRIVE WHEREAS, the City Council of the City of Newport Beach did, on the 23rd day of March, 1970, pass its certain Resolution of Intention Noe 7163, declaring its intention to order the vacation, closing up and abandonment of a portion of a certain street known as Bayside Drive, in the City of Newport Beach, hereinafter 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 line of the portion of said street proposed to be vacated, not more than 300 feet apart, and not less than three in all, notices of the vacation of said portion of said street, all of which will more fully appear from the affidavit of Joseph T, Devlin, 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, 7163 aforesaid, and the time and place of the hearing of all persons interested in or objecting to the proposed vacation of said portion of said street-, and WHEREAS, the City Council of the City of Newport Beach ' did set Monday, May 25, 1970, at 7.30 p.m. of said day as the • ®1_ 5/20/70 time, and the Council Chamber of the City Council of the City -2- of Newport Beach, as the place for the hearing of all persons interested in or objecting to the proposed vacation of said • portion of said street; and WHEREAS, said Resolution of Intention No. 7163 aforesaid has been published at least once in the Newport Harbor Ensign, the official newspaper of the City, 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. Haapa, Printer and Publisher of the Newport Harbor Ensign, on file in these proceedings; 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 portion of said street in this resolution more particularly hereinafter des- cribed, and finds from all the evidence submitted that said portion of said street described in said Resolution of Intention, and hereinafter described, is unnecessary for present or prospective public street purposes; NOW, THEREFORE, the City Council of the City of Newport Beach finds and determines and hereby orders that the following described portion of that certain street known as Bayside Drive in the City of Newport Beach, to wit: Those portions of Block 94 of Irvine's Subdivision as shown on a map thereof, recorded in Book 1, page 88 of Miscellaneous Record Maps, records of Orange County, California, described as follows: Parcel 1 BEGINNING at an angle point in the Southerly right- of-way line of Bayside Drive as conveyed to the County of Orange by deed recorded in Book 830, page 217 of Official Records, records of said Orange County, Calif- ornia, said point being a 1 1/2" iron pipe and nail as -2- BEGINNING at an angle point in the Southerly right - of -way line of Bayside Drive as conveyed to the County of Orange by deed recorded in Book 830, page 217 of Official Records, records of said Orange County, California, said point being a 1 1/2" iron pipe and nail as shown on a map of Tract No. 4003, recorded in Book 188, pages 13 through 19, inclusive, of Miscellaneous Maps, records of said Orange County, California; thence along said Southerly right -of -way line of Bayside Drive, South 84° 46' 33" East, 1170.60 feet• thence leaving said Southerly right -of -way line North 5� 13' 27" East, 69.30 feet to the True Point of Beginning of this description, said point being in a nontangent curve, concave Northwesterly, having a radius of 100.00 feet, a radial line at said point bears North 190 41' 10" West, thence Northeasterly along said curve, through a central angle of 8° 59' 28 ", an arc distance of 15.69 feet; thence nontangent to said curve North 840 46' 33" West, 13.66 feet; thence South 50 13' 27" West, 7.70 feet to the True Point of Beginning. is unnwassary for present or prospective public street purposes, and that it be vacated, closed up and abandoned. The City Council further finds and determines, and it is 1mreby ordered, that the public easement in the portion of said street as heretofore described has, upon the passage of this • resolution, ceased except that the City reserves and excepts from said vacation the permanent easement and right, at any time, or from time to time, to construct, maintain, operate, -3- shown on a map of Tract No. 4003, recorded in Book 188, pages 13 through 19, inclusive, of Miscellaneous Maps, records of said Orange County, California; thence along said Southerly right -of -way line of Bayside Drive, South 840 46' 33" East, 1242.50 feet to the True Point • of Beginning of this description: thence continuing South 840 46' 33" East along said Southerly right-of- way line of Bayside Drive a distance of 716.41 feet to the beginning of a nontangent curve, concave Northeaster- ly, having a radius of 892.00 feet, a radial line from said beginning bears North 5° 13' 27" East; thence Northwesterly along said curve, through a central angle of 230 58' 52" an are distance of 373.35 feet to a point in a line parallel with and 77.00 feet Northerly of said Southerly right -of -way line of Bayside Drive, a radial line from said point bears North 290 12' 19" East; thence North 84° 46' 33" West along said parallel line a dis- tance of 303.46 feet to the beginning of a nontangent curve, concave Westerly, having a radius of 55.00 feet, a radial line from said beginning bears South 710 36' 48" West; thence Southerly and Westerly along said curve, througgh a central angle of 1130 34° 41' an arc:distance of 109.03 feet to the True Point of Beginning of this descrip- tion. Parcel 2 BEGINNING at an angle point in the Southerly right - of -way line of Bayside Drive as conveyed to the County of Orange by deed recorded in Book 830, page 217 of Official Records, records of said Orange County, California, said point being a 1 1/2" iron pipe and nail as shown on a map of Tract No. 4003, recorded in Book 188, pages 13 through 19, inclusive, of Miscellaneous Maps, records of said Orange County, California; thence along said Southerly right -of -way line of Bayside Drive, South 84° 46' 33" East, 1170.60 feet• thence leaving said Southerly right -of -way line North 5� 13' 27" East, 69.30 feet to the True Point of Beginning of this description, said point being in a nontangent curve, concave Northwesterly, having a radius of 100.00 feet, a radial line at said point bears North 190 41' 10" West, thence Northeasterly along said curve, through a central angle of 8° 59' 28 ", an arc distance of 15.69 feet; thence nontangent to said curve North 840 46' 33" West, 13.66 feet; thence South 50 13' 27" West, 7.70 feet to the True Point of Beginning. is unnwassary for present or prospective public street purposes, and that it be vacated, closed up and abandoned. The City Council further finds and determines, and it is 1mreby ordered, that the public easement in the portion of said street as heretofore described has, upon the passage of this • resolution, ceased except that the City reserves and excepts from said vacation the permanent easement and right, at any time, or from time to time, to construct, maintain, operate, -3- replace, remove and renew sanitary sewers and storm drains and appurtenant structures in, upon, over and across said portion of said street so vacated and pursuant to any existing • franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures for the operation of gas pipe lines, cable television, telegraph and telephone lines and the distribution of electric energy, water, and incidental purposes. 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, imme- diately following the passage of this resolution. ADOPTED this 1 5'th day of May, 1970. ATTEST: C 4FIEB AS THE ORi AL CRY CLERK OF THE CITY OF NEW T 6RACF1 -4- THS :mh 5/20/70