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HomeMy WebLinkAbout7445 - Tract 323 Vacation - CdM TractB ©o Pt,o ,20,f o I.-O&-AIM 7i 14'5%GNI`74WT 4, 19SV6 RESOLUTION NO. 7445 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION OF A PUBLIC UTILITY EASEMENT IN BLOCK D, TRACT 323 • AND A PORTION OF LOT 14, BLOCK 632, CORONA DEL MAR TRACT 40 WHEREAS, the City Council of the City of Newport Beach did, on the 24th day of May, 1971, pass its certain Resolution of Intention No. 7438, declaring its intention to order the vacation of a certain public utility easement 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, not more than 300 feet apart and not less than three in all, notices of the vacation 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, all of which will more fully appear from the affidavit of Joseph T. Devlin, Street Superintendent of the City of Newport Beach, on file :h 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. 7438 aforesaid, and the time and place of the hearing before the City Council of all persons 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, June 14, 1971, at 7:30 o °clock p.m. on said day as the time, and the Council Chambers located in the City Hall of the City of Newport Beach at 3300 Newport Boulevard, Newport -1- a Beach, California, as the place, for hearing all persons interested in or objecting to the proposed vacation of said easement; and WHEREAS, a notice of said hearing, giving the date, time • and place thereof, was published in the official newspaper of the City once each week for at least two successive weeks prior to . said hearing, all of which will more fully appear 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 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 a certain 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: That portion of the 14 -foot alley adjoining Block D of Tract 323 per map recorded in Book 14, pages 40 and 41 of Miscellaneous Maps in the office of the County Recorder of Orange County, California, together with that portion of Lot 14 in Block 632 of the Corona del Mar Tract per map recorded in Book 3, page 41 and 42 of said Miscellaneous Maps, described as a whole as follows: Beginning at the intersection of southeasterly line of Dahlia Avenue (formerly 31st Avenue) as shown on the map of said Corona del Mar Tract with the northeasterly line of said 14 -foot alley; thence S. 39 0388 W. 14.00 feet along said southeasterly line to the southwesterly line of said alley; thence along said southwesterly line S. 50 0228 E. 56.41 feet to the westerly line of the land described in Parcel 1 in the deed to the City of Newport Beach recorded in Book 1360 page 23 of official records in the office of said County • Recorder; thence S. 17 13015611 E. 40.55 feet along said westerly line to a line parallel with and southwesterly 36.00 feet from the northeasterly line of said 14 -foot alley; thence • S. 50 0228 E. 25.80 feet along said parallel line to a line parallel with and easterly 14.00 feet from said westerly line -2- r 0 • • d . of said Parcell; last said parallel line being the easterly line of the land described in said Parcel 1; thence N. 17 030156" W. 66.37 feet along last said parallel line to a point on said northeasterly line of said 14 -foot alley; said point being the most westerly corner of Lot 3, Block D, Tract 323; thence along said northeasterly line N. 50 °22' W. 60.54 feet to the point of beginning; is unnecessary for present or prospective public use, and that it be vacated. 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 of Orange, State of California, immediately following the passage of this Resolution. ADOPTED this 14th day of June, 1971. ATTEST: City Clerk IE® AS Tk EZI ZA . �FiY CLERK OF THE CITY OF NEWP 85dCF1 JUW 17 1971 f9A'BF3o R -3- l . Mayor mh 6/15/71