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HomeMy WebLinkAbout3128 - 31st Street Abandonmentr.� 1 2, 1 31 4 5 7 8 9 10 11 121 13 14 15 16. 171 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION N0. 3128. A RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, DECLARING ITS INTENTION TO ORDER THE CLOSING UP AND ABANDONMENT OF A PORTION OF A CERTAIN STREET IN THE CITY OF NEWPORT BEACH, AS FOLLOWS: A PORTION OF 31ST STREET, DECLARING IT TO BE FOR THE PUBLIC INTEREST AND CONVENIENCE, AND FIXING THE TIME AND PLACE OF HEARING OBJECT- IONS TO SAID PROPOSED IMPROVEMENT, AND SPECIFYING THE EXTERIOR BOUNDARIES OF THE DISTRICT OF LANDS TO BE AFFECTED OR BENEFITED BY SAID WORK OF IMPROVEMENT AND TO BE ASSESSED TO PAY THE DAMAGES, COSTS AND EXPENSES THEREOF. The City Council of the City of Newport Beach, pursuant to the provisions of the Street Opening Act of 1889, approved April 40 1941, Statutes of 1941, Chapter 79, Division 5, Part 1, Streets and Highways Code, does resolve and declare as follows: SECTION 1. That the public interest and convenience requires the closing up and abandonment of a portion of a certain street in the City of Newport Beach, and it is the intention of the City Council of the City of Newport Beach to order the following described portions of a certain street in said City to be closed up and abandoned, to -wit: THIRTY -FIRST STREET All that portion of 31st Street as laid out and shown upon a map of Lancaster's Addition to Newport Beach, recorded in Book 5, Page 14 of Miscellaneous Maps, Records of Orange County, California, and a portion of 31st Street described in'Deed from the First National Bank of Newport Beach to the City of Newport Beach, recorded in Deed Book 321, Page 65, Records of said County, described as follows, to -wit: Beginning at the northwesterly corner of Lot 7, Block 429 of said Lancaster's Addition; running thence North 20 °54130" East along the northerly prolongation of the easterly line of Lafayette Avenue, 6.45 feet; Thence North 89 °15130" East along a line parallel with the northerly line of said Lot 7, 62.66 feet; Thence South 69 °05130" East, 41.76 feet to a point in the easterly line of said Lot 7, which point is 10.13 feet.from the northeasterly corner of said Lot 7; Thence South 20 °54130" West 1940 feet to a point 1' 2 3 4 5 6 7 8 9 10, 111 12! 13 14 15 16 17 18 19 20 21 22i 23 24 25 26 27 28 29 30 31 32 in the southerly line of 31st Street, as described in said Deed, recorded in Deed Book 321, Page 65; Thence westerly along the southerly line of 31st Street, around a curve concave to the south and having a radius of 165 feet to the end of said curve, which point is in the northerly line of said Lot 7 and 42.76 feet easterly of the northwesterly corner of said Lot 7• Thence South 69515'30" lUest 42.76 feet to the point of beginning. All portions of the street to be closed up and abandoned are more clearly shown on a certain ;nap approved and adopted by the City Council of the City of Newport ;leach for said closing up and abandonment by Resolution dated the 2nd day of April, 19451, and designated Resolution No. 3 a . SECTION 2. That the exterior boundaries of the district of lands to be affected or benefited by said work of improvement and to be assessed to pay the damaj;;es, costs and expenses thereof,) are particularly described as followag to -wits All that certain real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows, to -wits Beginning at the southwest corner of Lot 1.' Block 328, as shown upon a map of Lancaster's Addition to Newport Beach, recorded in Book 5, Pare 14 of Miscellaneous Raps, Records of Orange County, California; running thence northerly along the easterly line of Lafayette Avenue to the north- west corner of Block 520 of said Lancaster's Addition; Thence easterly in a straight line to the north- east corner of Lot 1, as shown on a :sap of Tract Wo.815, recorded in Book 26, Pages 43 and 44 of Miscel- laneous baps, records of said County; Thence southeasterly in a straight line to the southeasterly corner of Lot 10 of said Tract No. 815; Thence westerly along the southerly line of said Tract No. 815 to the southwesterly corner of Lot 17 of said Tract No. 615; Thence westerly in a straight line to the point of beginning. SECTION &— ,•,ThAt said work of improvement is for the clos- ing up and vacating of a portion of a certain street hereinabove more particularly described, and it appears to the City Council of the City of Newport Beach that no assessment is necessary. -2- 1 SECTION 4. That the proceedings for the olosing up of the 2 aforesaid portion of a certain street in the City of Newport Beae 3 shall be had and taken under and in accordance with the "Street 4 Opening Act of 1889 approved April 4, 1941, Statutes 19411 5 Chapter 79, Division 5, Part 1, Streets and Ilighways Code% 6 SECTION 5• The Street Superintendent of the City of 7 Newport Beach shall cause to be conspicuously posted along the 8 line of said contemplated work and improvement and at not more 9 than three hundred (300) feet in distance apart, but not less 10 than three (3) in all, notices of the passage of this resolution, 11 in the form and manner as required by law; and he shall also 12 cause a notice similar in substance to be published by inserting 13 said notice for four successive tiries in the IMPORT BALBOA NEWS 14 TIES, a semi - weekly newspaper published and circulated and of 15 general circulation in the City of Newport Beach, California, 16 which said newspaper is hereby designated for that purpose by 17 the said City Council of the City of Newport Beach, which said 18 notice shall contain a statement of the fact of the passage of 19 this resolution of intention, the date hereof, and briefly 20 describing the work of improvement proposed and referring to 21 this Resolution for further particulars, 22 SECTION 6. That any person interested, objecting to 23• said work of improvement or to the extent of the district or 24 lands to be affected or benefited by'said work of improvement, 25 and to be assessed to pay the cost and expenses thereof, may make 26 written objections to the same, within ten (10) days after the 27 expiration of the time of the publication of said notice mentioned 28 in Section 5 hereof, which objections shall be delivered to the 29 Clerk of the City Council who shall endorse thereon the date of 30 its reception by him, and at the next meeting of the City Council, 31 after the expiration of said ten (10) days, lay said objections 32 before said City Council who shall fix a time for hearing said -3- 1 2 s 4 5 6 7 8 9 10 11 12 18 14 15 16 17 18 19 20 21 22 28 24 25 26 29 s0 sl 32 objections, not less than one (1) week thereafter, The City shall thereupon notify the persons making such objections of the time and place of the hearing of said objections by the City Council and notice of said hearings shall be given by depositing a notice thereof in the post office of said City of Newport Beae postage prepaid thereon, addressed to said objector. I hereby certify that the foregoing Resolution was duly and regularly introduced, passed and adopted by the City Council of the City of Newport Beach at a regular meeting thereof# held on the 2nd day of April, 1945, by the following vote, to'"wit% AYES$ COUNCILTIENs e , I t1 NOES, COUNCILPENt .9'P13 I ABSENT, CO+''NCILMENt 1IQIIQ- Mayor of y o Newpor Beach -4-