HomeMy WebLinkAbout7433 - Ordering The Vacation, Closing Up And Abandonment Of A Portion Of A Certain Alley In The City Block Bounded By Pacific Coast Highway, Dahlia, Third And Fernleaf Avenues,-A
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RES OLUTION NO. 7 4 3 3
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0 e 746 L CUv d Pecoeg
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
ALLEY IN THE CITY BLOCK BOUNDED BY PACIFIC COAST
HIGHWAY, DAHLIA, THIRD AND FERNLEAF AVENUES
WHEREAS, the City Council of the City of Newport Beach
did, on the 12th day of April, 1971, pass its certain Resolution
of Intention No. 7400, declaring its intention to order the
vacation, closing up and abandonment of an alley in the City
block bounded by Pacific Coast Highway, Dahlia, Third and Fernleaf
Avenues,located in Block 532 of the Corona del Mar Tract, 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
lines of said portion of said alley 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 alley, 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
Superintendent of the City of Newport Beach stated the passage
of said Resolution of Intention No. 7400 aforesaid, and the time
and place of the hearing of all persons interested in or objecting
to the proposed vacation of said alley; and
WHEREAS, the City Council of the City of Newport Beach
did set Monday, May 17, 1971, at the hour of 7:30 p.m. of said
day as the time, and the Council Chamber of the City Council
located in the City Hall of the City of Newport Beach, as the
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place, for the hearing of all persons interested in or objecting
to the proposed vacation of said alley; and
WHEREAS, said Resolution of Intention No. 7400 aforesaid
• has been published at least once in the Newport Harbor Ensign, the
official newspaper of the City, and said publication was made more
to 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, owner
and publisher of said 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 alley in this resolution more
particularly hereinafter described, and finds from all the
evidence submitted that said alley described in said Resolution
of intention, and hereinafter described, is unnecessary for
present or prospective public street purposes;
NO1'itiT, THEREFORE, the City Council of the City of Newport
Beach FINDS AND DETERMINES AND HEREBY ORDERS that the following
described alley in the City block bounded by Pacific Coast
Highway, Dahlia, Third and Fernleaf Avenues, located in Block 632,
Corona del Mar Tract, in the City of Newport Beach, to wit:
That portion of Lots 12 and 14 in Block 632 of the Corona
del Mar Tract per map recorded in Book 3, pages 41 and 42
of Miscellaneous Maps in the office of the County Recorder
of Orange County, California, together with that portion
of the 14.00 -foot alley in said Block 632, described as a
whole as follows:
Beginning at the intersection of the southeasterly line of
Dahlia Avenue (formerly 31st Avenue) as shown on the map of
said Corona del Mar Tract with a line which is parallel with
and southwesterly 36.00 feet from the northeasterly line of
the 14 -foot alley shown in Block D on the map of
Tract No. 323 recorded in Book 14, page 40 and 41 of said
Miscellaneous Maps; thence S. 39°381 W 14.00 feet along said
southeasterly line of Dahlia Avenue, thence parallel with
said northeasterly line of the 14 -foot alley S. 50'221 E
98.00 feet to the beginning of a tangent curve concave
westerly and having a radius of 20.00 feet; thence southerly
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31.42 feet along said curve through a central angle of
90000100" to the point of tangency with the southeasterly
line of said Lot 12, said southeasterly line being the
northwesterly line of said alley in Block 632; thence
S. 39038300" W 154.00 feet along said northwesterly line of
said alley to the most southerly corner of Lot 2 Block 632;
thence S.•50022300" E 14.00 feet to the most westerly corner
of Lot 1 said Block 632; thence N. 39°38100" E 177.86 feet
along the southeasterly line of said alley in Block 632, to
the most southerly corner of Lot 3, Block D, Tract 323;
thence N. 17130256" W 18.69 feet to said line being parallel
with and southwesterly 36.00 feet from the northeasterly
line of said 14 --foot alley shown in Block D, Tract No. 323;
thence N. 50022' W. 116.30 feet along said parallel line to
the point of beginning,
is unnecessary for present or prospective public street purposes,
and that it be vacated, closed up and abandoned.
There is hereby reserved and excepted from the
vacation of said alley a permanent easement for public utility
purposes over and across said alley.
The City Council further orders that the City Clerk
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, immedi�tely following the passage of this
resolution.
ADOPTED this 24th day of May, 1971.
City- Clerk
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ThIE 0rNAL �
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CITY CLERK OF THE CITY Or N RT B&ACm
0 DAY& MAY 2 8 T1971
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MAYOR
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5/21/71