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RESOLUTION NO. 8055
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ORDERING THE VACATION
AND ABANDONMENT OF PORTIONS OF A PUBLIC
UTILITY EASEMENT WITHIN LOT 2, TRACT NO.1117,
BOUNDED BY VIA LIDO, VIA OPORTO AND CENTRAL
• AVENUE
WHEREAS, the City Council of the City of Newport
Beach did, on the 25th day of June, 1973, pass its certain
Resolution of Intention No. 8012, declaring its intention to
order the vacation and abandonment of portions of a public
utility easement within Lot 2, Tract No. 1117, bounded by Via
Lido, Via Oporto and Central Avenue, in the City of Newport
Beach, hereinafter more particularly described, pursuant to
and in accordance with the "Public Service Easements Vacation
Law" and all amendments thereto, being Sections 50430, et seq.
of the Government Code of the State of California; and
WHEREAS, the Public Works Director of the City of
Newport Beach has caused to be conspicuously posted along the
line of said easement proposed to be vacated and abandoned
not more than 300 feet apart and not less than three in all,
notices of the vacation and abandonment of said easement, and
said notices were posted at least ten days before the date of
the hearing of all persons interested in or objecting to the
proposed vacation and abandonment all of which will more fully
appear from the affidavit of Joseph T. Devlin, Street Superin-
tendent of the City of Newport Beach, on file in these proceedings;
and
WHEREAS, said notices so posted by the Public Works
Director of the City of Newport Beach stated the passage of
• said Resolution of Intention No. 8012 aforesaid, and the time
and place of the hearing before the City Council of all persons
-1-
interested in or objecting to the proposed vacation of said
easement; and
WHEREAS, the City Council of the City of Newport
Beach did set Monday, July 23, 1973, at 7 :30 o'clock P.M.
• on said day as the time, and the Council Chamber located in
the City Hall of the City of Newport Beach at 3300 Newport
Boulevard, Newport Beach, California, as the place, for hearing
all persons interested in or objecting to the proposed vaca-
tion and abandonment of said easement; and
WHEREAS, a notice of said hearing, giving the date,
time, and place :thereof, was published in the official news-
paper of the City once each week for at least two successive
weeks prior to said hearing, all of which will more fully ap-
pear by the affidavit of Arvo E. Haapa, publisher of the
Newport Harbor Ensign, said official newspaper, 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 and abandonment of said easement in
this resolution more particularly hereinafter described, and
finds from all the evidence submitted that said easement described
in said Resolution of Intention, and hereinafter described, is
unnecessary for present or prospective public use;
NOW, THEREFORE, the City Council of the City of Newport
Beach finds and determines and hereby orders that portions of
a public utility easement in, over and under that certain real
property in the City of Newport Beach, County of Orange, State
of California, described as follows:
PARCEL 1
A portion of that 22.00 foot wide easement granted
• to the City of Newport Beach, recorded in Book 2191,
page 208 of Official Records of Orange County, over
-2-
Lot 2 of Tract 1117 as per a map recorded in Book 35,
page 48 of Miscellaneous Maps, records of Orange County,
California, the centerline of said easement being more
particularly described as follows:
BEGINNING at a point in the northerly line of said
Lot 2, which point is 7.00 feet southeasterly of the
beginning of a curve having a radius of 162.55 feet,
is said beginning of a curve being at the easterly end of
a course with a bearing of South 67 °01'00" East and a
length of 90.00 feet; thence South 22 °59100" West along
a line parallel with the northwesterly line of said
Lot 2, 279.85 feet to an intersection with the southerly
line of said Lot 2.
EXCEPTING THEREFROM the easterly 18.00 feet of the
southerly 104.00 feet of said easement.
ALSO EXCEPTING THEREFROM the northerly 175.85 feet
of said easement.
nnnrWr. I
A portion of that 18.00 feet wide easement granted
to the City of Newport Beach, recorded in Book 2191,
page 208 of Official Records of Orange County, over
Lot 2 of Tract 1117 as per a map recorded in Book 35,
page 48 of Miscellaneous Maps, records of Orange County,
California, the centerline of said easement being more
particularly described as follows:
BEGINNING at a point in the northeasterly line of
said Lot 2, said point being the beginning of a curve
having a radius of 460.00 feet, said beginning of curve
being at the southerly end of a course with a bearing
South 27 030100" East and a length of 177.65 feet; thence
South 62 030100" West, 40.88 feet.
SUBJECT TO: All Covenants, Rights, Rights -of -Way
and Easements of Record.
is unnecessary for present or prospective public use, and that
it be vacated and abandoned.
Said easement to be vacated and abandoned is shown on
• certain map entitled "Vacation and Abandonment of Portions of
• Public Utility Easement within Lot 2, Tract 1117, in the City
of Newport Beach, California ", being Raub, Bein, Frost and As-
sociates' drawing dated May 31, 1973, a copy of which is marked
Exhibit "B" and attached hereto and by this reference made a
part hereof, and which shall be kept on file in the office of
• the City Clerk as a part of this resolution.
-3-
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 o:fcOrdnge, State of California, immedi-
• ately following the passage of this resolution.
ADOPTED this 23rd day of July , 1973.
ATTEST:
RTIFIED AS TH RIGINAL
CITY CLERK OF THE CITY OF EWPOR.T BEACH
DAM ' JUL 3 0 -W3
•
Mayor
DON dm
7/17/73
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PREPARED FOR:
DON ,LOLL INC.
1901 DOVE STREET,
NEWPORT BEACH, CALIFORNIA
Vacation and Abandonment of Portions
of a Public Utilitv Easement Within
Lot- 2, Tract No. 1117, in the City of
Ne;-0ort Beach, Califo -nia.
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MAY 31.1113
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