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RESOLUTION NO. 86 -38 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF NEWPORT BEACH VACATING AND ABANDONING AN <br />EASEMENT FOR VEHICULAR INGRESS AND EGRESS <br />ALONG THE NORTHERLY SIDE OF BIRCH STREET <br />• BETWEEN MAC ARTHUR BOULEVARD AND VON KARMAN <br />AVENUE <br />WHEREAS, the City Council of the City of Newport Beach <br />has adopted a resolution declaring the City's intention to <br />abandon and vacate an easement for vehicular ingress and egress <br />along the northerly side of Birch Street between MacArthur <br />Boulevard and Von Karman Avenue; and <br />WHEREAS, this vacation proceeding is conducted pursuant <br />to the provisions of the Public Streets, Highways and Service <br />Easements Vacation Law (the "Act ") found in Section 8300, et. <br />seq. of the Streets & Highways Code of the State of California; <br />and <br />WHEREAS, the City has complied with all public notice <br />and publication requirements of the Act prior to holding the <br />public hearing on the proposed abandonment on May 27, 1986; and <br />WHEREAS, on May 27, 1986, the City Council held a public <br />hearing to hear all persons interested in, or objecting to, the <br />proposed vacation; and <br />WHEREAS, the City Council has considered all evidence <br />and /or testimony submitted in conjunction with the proposed <br />vacation and finds, from all the evidence submitted, the easement <br />for vehicular ingress and egress along the northerly side of <br />• Birch Street, between MacArthur Boulevard and Von Karman, and <br />adjacent to the MacArthur Court Development, is unnecessary for <br />present or prospective public use; and <br />-1- <br />