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HomeMy WebLinkAbout3463 - Vacating a Portion of Alley in Tract 234w 1 i 2 3 • 4 51 6'i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 208 STURGEON BLDG. SANTA ANA. CALIF. iya RESOLUTION NO : r� 3 RESOLUTION ORDERING VACATION WHEREAS, the City of Newport Beach on the 24th day of March, 1947, passed a certain Resolution of Intention No. 3458 declaring its intention to order the closing up, vacation and abandonment of a portion of a certain alley in Block 14, Tract 234, in the City of Newport Beach, pursuant to and in accordance with the "Street Vacation Act of 194111, approved May 13, 1941, Statutes 1941, Chapter 250 and amendments thereto, being Division 9, Page 3, Chapters 2 and 3, Sections 8320 to 8331, inclusive, Streets and Highways Code; and I WHEREAS, the Street Superintendent of the City of Newport Beach has caused to be conspicuously posted along the line of said alley, 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 L. Wm. Covert , the Street Superintendent of said City of Newport Beach, on file in these proceedings; and WHEREAS, said notices so posted,by the Street Super- intendent of the City of Newport Beach, stated the passage of said Resolution of Intention No. 3458 , aforesaid, and the date and place of the hearing of all persons interested in or object- ing to the proposed vacation of said portion of said alley; and WHEREAS, the City Council of the City of Newport. Beach, by said Resolution of Intention aforesaid, did fix Monday., the 14th day of April , 1947, at the hour of four o' clock P -1J. , of said day, in the Council Chambers of the City Council of the City of Newport Beach, located in the City Hall of the City of Newport Beach, as the time and place for the hearing of all persons interested in or objecting to the proposed vacation of said portion of said alley; and -1- 1 i 2 3 • 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 208 SPURGEON BLDG, SANTA ANA. CALIF. WHEREAS, said Resolution of Intention No. 3458 , afore- said, has been published at least once in the Newport Balboa News -Times, a weekly newspaper of general circulation printed, published, and circulated in the City of Newport Beach, and said publication was made more than fifteen days before 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 Ben Reddick 2_9 -printer and publisher of Press said Newport Balboa s, on file in these proceedings; and WHEREAS, the City Council has heard the evidence, both written and verbal, by all persons interested in the vacation of said portion of said alley in this Resolution more particularly hereinafter described, and finds from all the evidence submitted that said portion of said alley described in the Resolution of Intention, and hereinafter described, 1:s- unnecessary for present or prospective alley o-- street purposes; +- NOW, THEREFORE, the City Council of the City of Newport Beach finds and determines and hereby orders: That the following described portion of a certain alley in the City of Newport Beach, described as follows: All that portion of that certain alley 20 feet in width in Block 14, as shown upon a map of Tract 234, recorded in Miscellaneous Map Book 13, page 36, Records of Orange County, California, and more particularly described as follows: Beginning at the most southerly corner of Lot 15 of said Block 14, thence northeasterly along the southeasterly lines of Lots 150 16, 17 and 18 of said Block to the most easterly corner of said Lot 18, thence southeasterly in a direct line to the most northerly corner of Lot 19 of said Block 14, thence southwesterly along the northwesterly line of said Lot 19 to the most westerly corner thereof, thence, northwesterly on a direct line to the point of beginning, :i a unnecessary for present or prospective public alley or street purposes and now makes its order vacating said portionL of said alley described, subject to the reservations hereinafter reserved EP0 11 • 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 30 31 32 by the City of Newport Beach. The :City Council further finds and determines and it is hereby ordered that the public easement in the portion of said alley heretofore described has, upon the passage of this resolu- tion, ceased, except -that the City reserves and excepts from said vacation the permanent easement and right at any time or from time to time to construct, maintain, operate, replace, remove and renew the sanitary sewers and storm drains and appurtenant structures in,upon over and across said alley so proposed to be vacated and pursuant to any existing franchises or renewals thereof, and to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles and other convenient structures for the operation of gas pipe lines, telegraph and telephone lines and the distribution of electric energy, water and incidental purposes, 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 him as the City Clerk, under the seal of the City, to be recorded in the office of the County Recorder of Orange County, State of California, immediately following the passage of this Resolution. The above and foregoing Resolution No. 3 63 was passed at a regular meeting of the City Council of the City of Newport Beach, held on the 14th day of April , 19470 by the following vote, towit: AYES, COUN CILKEN: Allen; Siler, Isbell Rob-ertson, Reed, NOES, COUNCILMEN: None ABSENT, COUNCILI1,IEN: None Mayor iTEEf City Clerk. LAW OFFICES OF _.7 t ROLAND THOMPSON 208 SPURGEON BLDG, SANTA ANA, CALi F. E • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) SS I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 3463 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 14th da.y of vote, to wit: AYES, COUIICILMEN: April 9 19 477 by the following Allen, Siler, Isbell, Robertson, Reed. NOES, COUNCILMEN: None ABbENT , COUNCILMEN: None Dated this 16th day of December a 1958. �A 0-0� City ClerA and \Ex -Officio Clerk -of—the City Council, City of Newport Beach, State of California.