HomeMy WebLinkAbout5037 - Balboa Boulevard Vacation0
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RESOLUTION NO. So37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NE1'•1PORT BEACH ORDERING THE VACATION, CLOSING UP
AND ABANDONMENT OF PORTIONS OF A CERTAIN STREET
KNO101 AS BALBOA BOULEVARD
[:WREAS, the City Council of the City of Newport Beach
did, on the 25th day of May, 1959, pass its certain Resolution of
Intention No. 5013, declaring its intention to order the vacation,
closing up and abandonment of portions of a certain street known
as Balboa Boulevard between "C" Street and "F" Street 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 Sections 8300 to 83311 inclusive, of
the Streets and Highways Code of the State of California; and
WHEREAS, the Street Superintendent of the City of Newport
Beach has caused to be posted conspicuously along the line;of the
portions of said street proposed to be vacated, not more than 300
feet apart, and not less than three iri all, notices of the vacation
of said portions of said street, all of which will more fully appea:
from the affidavit of L. W. Covert, the said Street Superintendent
of the City of Newport Beach, on file in these proceedings; and
1,1HEREAS, said notices so posted by the Street Superin-
tendent of the City of Newport Beach stated the passage of said
Resolution of Intention No. 5013 aforesaid, and the time and place
of the hearing of all persons interested in or objecting to the
proposed vacation of said portions of said street; and
14IiEREAS, the City Council of the City of Newport Beach
set Monday, June 22, 1959, at 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 th
place, for the hearing of all persons interested in or objecting to
the proposed vacation of said portions of said street; and
WHEREAS. said Resolution of Intention No. 5013 aforesaid
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has been published at least once in the Newport Harbor Ensign, a
newspaper of general circulation, printed, published and circu-
lated in the City of Newport Beach, and said publication was made
more than 15 days prior to 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 Arvo E. Haapa,
owner and publisher of said Newport Harbor Ensign, on file in
these proceedings; and
IMEREAS, the City Council of the City of Newport Beach
has heard the evidence, both written and verbal, of all persons
interested in the vacation or said portions of said street in this
resolution more particularly hereinafter described, and finds from
all the evidence submitted that said portions of said street
described in said Resolution of Intention, and hereinafter de-
scribed,a±e unnecessary for present or prospective public street
purposes;
NOW, THEREFORE, the City Council of the City of Newport
Beach finds and determines and hereby orders that the following
described portions of that certain street known as Balboa Boule
between "C" Street and "F" Street in the City of Newport Beach,
to wit:
Parcel 1:
A strip of land six feet wide extending between the
southwesterly prolongation of the northwesterly line
of Lot 1, Block 17, East Side Addition to the Balboa
Tract recorded in Miscellaneous Map Book 4, Page 20,
Records of orange County, California, and the south-
westerly prolongation of the southeasterly line of
Lot 18, said Block 17, and adjacent to and south-
westerly of the southwesterly line of said Block 173
Parcel 2:
A strip of land six feet wide extending between the
southwesterly prolongation of the northwesterly line
of Lot 1, Block 19, East Side Addition to the Balboa
Tract recorded in Miscellaneous Map Book 4, Page 20,
Records of Orange County, California, and the south-
westerly prolongation.of the southeasterly line of
Lot 12, said Block 19, and adjacent to and south-
westerly of the southwesterly line of said Block 19;
2,
Jga-a 4-7,V G 77
32 �I City of Nelrmort Beach at a regular meeting on the 22nd day of June,
3.
1
Parcel 3:
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2
A strip of land six feet wide extending between the
southwesterly prolongation of the northwesterly line
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of Lot 1, Block 21, East Side Addition to the Balboa
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Tract recorded in Miscellaneous Map Book 4, Page 20,
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Records of Orange County, California, and the south-
easterly prolongation of the northeasterly line of
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Lot 14, said Block 21, and adjacent to and south-
westerly of the southwesterly line of said Block 21,
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are unnecessary for present or prospective public street purposes
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and that they be vacated, closed up and abandoned, subject to the
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reservations and exceptions hereinafter reserved,
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The City Council further finds and determines, and it is
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hereby ordered, that the public easement in the portions of said
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street as heretofore described has, upon the passage of this resolu
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tion, ceased, except there is hereby reserved and excepted from
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the vacation of said portions of said street a permanent easement
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and right at any time, or from time to time, to construct, maintain
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operate, replace, remove, renew and enlarge poles, cross arms,
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cables, wires and other equipment and fixtures for the operation of
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telegraphic and telephone lines, and.for the transportation or dis-
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tribution of electric energy and incidental purposes, including
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access and the right to keep said poles, cross arms, cables and
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wires free from inflammable materials, and wood growth, and other -
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wise protect the same from all hazards upon and over the portions
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of said street being vacated.
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The Gity Council further orders that the City Clerk of
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the City of Newport Beach shall cause a certified copy of this
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order, duly attested by her as the City Clerk, under the seal of
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the City, to be recorded in the office of the County Recorder of
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the County of Orange, State of California, immediately following
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the passage of this resolution,
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This resolution was adopted by the 91ty Council of the
32 �I City of Nelrmort Beach at a regular meeting on the 22nd day of June,
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1959, by the following vote, to wit:
AYES, COUNCILMEN:
ATTEST:
T
—Clty- er
NiES, COUNCILMEN: V-r 2
ABSENT COUNCILMEN: h'6 --
4.
STATE OF CALIFORNIA )
. COUNTY OF ORANGE ) SS
CITY OF NEWPORT BEACH )
I, MARGERY 5CHROUDER2 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 waintained in my office,
the foregoing Resolution No. 5037 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 22d day of June 9 19 59 by the following
vote, to wit:
AYES, COUNCILMEN: Kingsley, Atkinson, Higbie, Stoddard,
Hart, Lorenz, Somers
NOES, COUNCILMEN: None
AB6BNT, COUNCILMEN °None
Dated this 23d day of June , 1959.
M
City Clerk and Fit-Officio Clerk of t e
City Council, City of Newport Beach,
State of California.