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HomeMy WebLinkAbout4687 - Bay Avenue Vacation & Abandonment1 2 3 4 -1-_ 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 RESOLUTION NO. 468; BDON 4025 WHEREAS, the City of Newport Beach did, on the 22nd day of July, 1957, pass its certain Resolution of Intention No. 4681 declaring its intention to order the closing up, vacation and abandonment of a portion of a certain street known as Bay Avenue of East Side Additinn to the Balboa 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 Section 8300 through 8331 of the California Streets and Highways Code; and WHEREAS, the Street Superintendent of the City of Newport Beach has caused to be posted conspicuously along the line of the portion of said street proposed to be vacated, not more than 300 feet apart, and not less than 3 in all, notices of the vacation of said portion of said street, all of which will more fully appear from the affidavit of L. W. Covert, the said Street Superintendent of the City of Newport Beach, on file in these proceedings; and WHEREAS, said notices so posted by the Street Superin- tendent of the City of Newport Beach stated the passage of said Resolution of Intention No. 4681 aforesaid, and the date and place of the hearing of all persons interested in or objecting to the proposed vacation of said portion of said street; and WHEREAS, the City Council of the City of Newport Beach did set Monday, the 26th day of August, 1957, at the hour of 7:30 p.m. of said day as the time and 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 place, for the hearing of all persons interested in or objecting to the proposed vacation of said portion of said street; and WHEREAS, said Resolution of Intention No. 4681 has been published at least once in the Newport Harbor N`ew4- Faess,1a -1- BOON Per 1 !dR 1 newspaper of general circulation, printed, published and circulate 2 in the City of Newport Beach, and said publication was made more 3 than 15 days prior to the date set for the hearing of all persons 4 interested in or objecting to the proposed vacation, all of which 6 will more fully appear by the affidavit of Ben Reddick, owner and 6� publisher of said Newport Harbor News- Press, on file in these 7 proceedings; and 8 WHEREAS, the City Council of the City of Newport Beach 9 has heard the evidence, both written and verbal, of all persons 10 interested in the vacation of said portion of said street in this 11 resolution more particularly hereinafter described, and finds from 12 all the evidence submitted that said portion of said street des - 13 cribed in said Resolution of Intention, and hereinafter described, 14 is unnecessary for present or prospective public street purposes; 15 NOW, THEREFORE, the City Council of the City of Newport 16 Beach finds and determines and hereby orders that the following 17 described portion of that certain street known as Bay Avenue 18 in a portion of East Side Addition to the Balboa Tract, in the 19 City of Newport Beach, described as follows: 20 PARCEL NO. 1: All that portion of Bay Avenue, 30 feet in 21 wig, as said Bay Avenue is laid out and shown upon a mapof the East Side Addition to the Balboa Tract recorded 22 in Miscellaneous Map Book 4, page 20, Official Records of Orange County, California, lying adjacent to and northerly 23 of Block 17 of said map of the East Side Addition to the Balboa Tract. 24 PARCEL NO. 2: All that portion of Bay Avenue, 30 feet in 25 width, as sa d Bay Avenue is laid out and shown upon a map of the East Side Addition to the Balboa Tract recorded in 26 Miscellaneous Map Book 4, page 20, Official Records of Orange County, California, lying adjacent to and northerly of 27 Block 19 of said map of the East Side Addition to the Balboa Tract. 28 PARCEL NO. 3: All that portion of Bay Avenue, 30 feet in 29 width, as said Bay Avenue is laid out and shown upon a map of the East Side Addition to the Balboa Tract, recorded 30 in Miscellaneous Map Book 4, page 20, Official Records of Orange County, California, lying adjacent to and northerly 31 of Block 21 of said map of the East Side Addition to the Balboa Tract. 3211 -2- 1 2 3 4 5 0 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 PARCEL NO. 4: All that portion of Bay Avenue, 30 feet in width, as said Bay Avenue is laid out and shown upon a map of the East Side Addition to the Balboa Tract recorded in Miscellaneous Map Book 4, page 20, Official Records of Orange County, California, lying adjacent to and northerly of Block 23 of said map of the East Side Addition to the Balboa Tract. is unnecessary for present or prospective public street purposes, and now makes it order vacating said portion of said street above described. The said City Council further finds and determbes, and it is hereby ordered, that the public easement in the portion of said street as heretofore described has, upon the passage of this resolution, ceased. 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 follow- ing the passage of this resolution. The above and foregoing Resolution No. 4687 was passed at a regular meeting of the City Council of the City of Newport Beach, held on the 26th day of August, 1957, by the following vote, to wit: AYES, COUNCILMEN: Hart, Filder, ?? %oddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN:iaAne ATTEST: I -;� . mayor BOOK4I)25 PAfiE188- , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ) 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. 4687 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 26th day of vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this August , 1957 , by the following Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill None None 30th day of August 19 57 City eG`l ana d Ex- OTt�lerk of the City Council, City of Newport Beach, State of California. J RECORDED AT REQUEST OF Bomf 25 PAU185 ,, S E P 3 - 1957 AT ..... -1 - -.. -MIN. PAST. -.- --- �-••••�'� OFFICIAL RECORD OF ORANGE COUNTY CAI IF^RNIA CT . enU ,L c COUNTY EGO" R -7/1,0 _1 __.__ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ) 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. 4687 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 26th day of August , 1957 f by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: Hart, Milder, MacKay, Stoddard, Higbie, Ridderhof, Hill None ABSENT, COUNCILMEN: None Dated this 27th day of August , 19 57 City le an �- icio Clerk of the City Council, City of Newport Beach, State of California. £',