HomeMy WebLinkAbout9891 - Vacate Alley - 107 33rd Streeti ; w
RESOLUTION NO. 9891
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING COUNCIL'S INTENTION
TO VACATE, CLOSE AND ABANDON THE ALLEY LYING
WESTERLY OF 107 -33RD STREE'P AND SETTING A PUB-
LIC HEARING FOR NOVEMBER 10, 1980
The City.Council of the City of Newport Beach, pursuant
to the provisions of 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, does
hereby resolve and declare as follows:
SECTION 1. The public interest and convenience require
the closing up and abandonment of the alley lying westerly of
107 -33rd Street, and it is the intention of the City Council of
the City of Newport Beach to order the following described parcel
to be closed up and abandoned:
"That certain alley 10.00 feet in width
together with the corner cutoffs, having a
radius of 10.00 feet lying between Lots 9 and
27 in Block 33 of Newport Beach Tract as per
map recorded in Book 3, Page 26, of Miscella-
neous Maps, Records of Orange County, State of
California."
All of said parcel to be vacated, closed up and abandoned is more
clearly shown on a certain map approved and adopted by the City
Council of the City of Newport Beach for vacation, closing up and
abandonment by Resolution dated October 14, 1980, and designated
Resolution No. 9892 , which said map is on file in the Office
40 of the City Clerk of the City of Newport Beach. Reference is
hereby made to said map for further particulars as to the pro-
posed vacation, closing up and abandonment of said alley, and
said map is made a part of this Resolution by this reference to
the same extent and purpose as if it: were incorporated herein in
full.
• SECTION 2. The proceedings for the closing up and
abandonment of the aforesaid parcel shall be had and taken, and
the City Council of the City of Newport Beach hereby elects to
proceed under the provisions of the Street Vacation Act of 1941,
and all amendments thereto, being sections 8300 to 8331, inclu-
sive, of the Streets and Highways Code of the State of Califor-
nia.
SECTION 3. The Street Superintendent of the City of
Newport Beach shall cause to be conspicuously posted along the
line of the parcel proposed to be vacated not more than 300 feet
apart, but not less than three in all, notices of the vacation of
said alley. Said notices shall stage the passage of this Resolu-
tion of Intention and the time and place of the hearing of all
persons interested in or objecting to the proposed vacation of
said alley. Said notices shall be so posted at least ten days
before the date of said hearing, all. as required by law.
SECTION 4. There is hereby reserved and excepted from the
vacation of said alley a permanent ten-foot public utility ease-
ment and right at any time, or from time to time, to construct,
maintain, operate, replace, remove and renew sanitary sewers and
appurtentant structures in, upon, over and across said alley pro-
posed 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 convenience structures, equipment
and fixtures for the operation of telegraphic and telephone
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lines, and for the transportation or distribution of electric
energy. There shall also be reserved, for the benefit of the
property owners of Lots 9 and 27 in Block 33 of Newport Beach
Tract mutual cross easements for ingress and egress.
These vacation proceedings are taken subject to the
reservations and exceptions herein contained.
SECTION 5. Notice is hereby given that the City Council
of the City of Newport Beach does hereby fix Monday, November 10,
1980, at the hour of 7:30 p.m. of said day, in the City Council
Chambers of the City of Newport Beach, located at 3300 Newport
Boulevard, Newport Beach, California, as the time and place for
hearing all persons interested in or objecting to the proposed
vacation of said alley, and the City Council at said time and
place will hear the evidence offered by any person interested in
the vacation of said alley hereinbefore described.
SECTION 6. This Resolution of Intention shall be pub-
lished at least once in the official newspaper of the City, and
said publication shall be made before the date set for the
hearing of all persons interested in or objecting to the proposed
vacation.
1980.
ADOPTED this 14th day of October
•
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ATTEST:
City Clerk
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CITY CLERK OP THE CI O} NEw40R'i
9AlEs
OCT 2 3 19880
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