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RESOLUTION NO. 9397
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
NEWPORT HARBOR YACHT CLUB GUARANTEEING THE
COMPLETION OF PUBLIC IMPROVEMENTS IN BLOCK 5,
EAST NEWPORT TRACT ACCEPTING THE DEDICATION
OF AN ALLEY ACROSS LOT 16 IN SAID BLOCK 5;-
AND ORDERING THE VACATION, CLOSING UP AND
ABANDONMENT OF TWO PARCELS OF THE MOST
WESTERLY ALLEY IN SAID BLOCK 5, RESERVING
PUBLIC UTILITY EASEMENTS THEREIN (C -,.10L11)
WHEREAS, the Public Works Director of the City of
Newport Beach has presented to the City Council of the City of
Newport Beach a certain map entitled "Proposed Alley Vacation
in Block 5, East Newport Tract," drawing no. R /W- 5382 -L, of
the Public Works Department of the City of Newport Beach, dated
April 18, 1978, showing two parcels of the most westerly alley
in Block 5 of the East Newport Tract in the City of Newport
Beach which the City is considering vacating, closing up and
abandoning, and which are more particularly described as
follows:
Parcel "A"
That certain alley 10.00 feet in width
adjoining the westerly line of Lot 13,
Block 5, as shown on the Map of East
Newport Tract recorded in Book 3,
Page 37, of Miscellaneous Maps, in the
office of the County Recorder of
Orange County, California.
Parcel "B"
That certain alley 10.00 feet in width
adjoining the westerly line of Lot 19,
Block 5, as shown on the Map of East
Newport Tract recorded in Book 3,
Page 37, of Miscellaneous Maps in the
Office of the County Recorder of
Orange County, California; and
WHEREAS, the City Council of the City of Newport Beach,
did on May 22, 1978, adopt its Resolution of Intention No. 9339,
declaring its intention to order the closing up and abandonment
of two parcels of the most westerly alley in Block 5, East
Newport Tract, pursuant to the provisions of the "Street Vaca-
• tion 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 Public Works Director of the City of
Newport Beach has caused to be posted conspicuously along the
lines of said parcels of alley proposed to be vacated, not
more than 300 feet apart, and not less than three in all,
notices of the vacation of said parcels, all of which will more
fully appear from the affidavit of Joseph T. Devlin, Public
Works Director of the City of Newport Beach, on file in these
proceedings; and
WHEREAS, said notices so posted by said Public Works
Director stated the.passage of said Resolution of Intention
No. 9339 aforesaid, and the time and place of the hearing of
all persons interested in or objecting to the proposed vacation
of said parcels; and
WHEREAS, the City Council of the City of Newport Beach
did set Monday, June 12, 1978, at 7:30 P.M. of said day as the
time, in 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 parcels; and
WHEREAS, said Resolution of Intention No. 9339 afore-
said has been published at least once in the Newporter Harbor
Ensign, the official newspaper of the City, and said publica-
tion was made more than 15 days prior to the date set for the
hearing of all persons interested in or objecting to the pro-
posed vacation, all of which will more fully appear in the
affidavit of Terrie Crespin, employee of said Newport Harbor
Ensign, on file in these proceedings; and
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WHEREAS, the Newport Harbor Yacht Club has offered to
dedicate and improve a 10 foot wide alley over a portion of
• Lot 16, Block 5, East Newport Tract in consideration for the
vacation of the said two parcels of the most westerly alley in
said Block 5; and
WHEREAS, the Newport Harbor Yacht Club has executed
an agreement guaranteeing to complete public improvements in
said Block 51 and said agreement has been submitted to City
Council for its approval; and
WHEREAS, the City Council has heard the evidence,
both written and verbal, of all persons interested in the vaca-
tion of said parcels of alley in this Resolution more particular-
ly hereinafter described, and finds from all the evidence sub-
mitted that said parcels of alley described in said Resolution
of Intention, and hereinafter described, are unnecessary for
present or prospective public street purposes, and that they
be vacated, closed up and abandoned; and
WHEREAS, the City Council finds that there is need
for permanent easements and rights at any time, or from time to
time, to construct, maintain, operate, replace, remove, and
renew sanitary sewers and appurtenant structures in, upon, over
and across said parcels of alley proposed to be 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 telegraphic and telephone lines, and for the
• transportation or distribution of electric energy; and
THEREFORE, the City Council orders that there is
hereby reserved and excepted from the vacation of said parcels
of alley, easements for public utility purposes, and that said
parcels of alley are hereby vacated.
The City Council further orders that the City Clerk
of the City of Newport Beach shall cause a certified copy of
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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 11th
ATTEST:
City Clerk
COTFIED AS THE ORIOINAL
JUL 1 3 1978
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CM CLERK „Of THE �C, ITY OP NEWPORT BLUM
OATS .ZA
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day of July , 1978.
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RwofmEL A4a TO Be jACATi'®
CITY OF NEWPORT BEACH DRAWN aLK' DATE
PUBLIC WORKS DEPARTMENT APPROVED
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RwofmEL A4a TO Be jACATi'®
CITY OF NEWPORT BEACH DRAWN aLK' DATE
PUBLIC WORKS DEPARTMENT APPROVED
ALLEY' V4Ci4T101V A-'W'r PUBLIC WORKS DIRECTOR
R.E. NO. /28QS gI
E.49T /lNew000Rr %RAo% DRAWING NO- j f1 /_ggd?e -L 1