HomeMy WebLinkAbout5114 - 46th Street Vacation0
10/21/59 (12)
RESOLUTION NO. 5 / /y[
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NP7LdPORT BEACH ORDERING THE VACATION, CLOSING UP
3 AND ABANDONMENT OF A PORTION OF A CERTAIN.STREET
KNOWN.AS -46TH STREET
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5 WHEREAS, the City Council of the City of Newport Beach
6 did, on the 13th day of October, 1959, pass its certain Resolution
7 of Intention No. 5101, declaring its intention to order the
8 vacation, closing up and abandonment of a portion of a certain
9 street known as 46th Street in the City of Newport Beach, herein -
10 after more particularly described, pursuant to and in accordance
11 with the "Street Vacation Act of 1941", and all amendments thereto,
12 being Sections 8300 to 8331, inclusive, of the Streets and High -
13 ways Code of the State of California; and
14 WHEREAS, the Street Superintendent of the City of Newport
15 Beach has caused to be posted conspicuously along the line of the
16 portion of said street proposed to be vacated, not more than 300
17 feet apart, and not less than three in all, notices of the vacation
18 of said portion of said street, all of which will more fully appear
19 from the affidavit of L. W. Covert, Street Superintendent of the
20 City of Newport Beach, on file in these proceedings; and
21 WHEREAS, said notices�so posted by the Street Superin-
22 tendent of the City of Newport Beach stated the passage of said
23 Resolution of Intention No. 5101 aforesaid, and the time and place
24 of the hearing of all persons interested in or objecting to the
25 proposed vacation of said portion of said street; and
26 WHEREAS, the City Council of the City of Newport Beach
27 did set Monday, November 9, 1959, at.7:30 P. M, of said day as the
28 time, and the Council Chamber of the City Council of the City of
29 Newport Beach, located in the City Hall of the City of Newport
30 Beach, as the place, for the hearing of all persons interested in
31 or objecting to the proposed vacation of said portion of said
32 street; and
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WHEREAS, said Resolution of Intention No. 5101 aforesaid
has been published at least once in the Newport Harbor News Press,
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 Ben Reddick,
owner and publisher of said Newport Harbor News Press, 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 portion of said street in this
resolution more particularly hereinafter described, and finds from
all the evidence submitted that said portion of said street de-
scribed in said Resolution of Intention, and hereinafter described,
is unnecessary for present or prospective public street purposes;
M12 THEREFORE, the City Council of the City of Newport
Beach finds and determines and hereby orders that the following
described portion of that certain street known as 46th Street in
the City of Newport Beach, to wit:
That portion of 46th Street in the City of Newport Beach
as shown upon a map of River Section, Miscellaneous Maps
Book 4, page 25, records of Orange County, California,
and more particularly described as follows-
Beginning at the intersection of the northwesterly
prolongation of the northeasterly line of Lot 16,
Block 45, of said River Section, and the north-
easterly prolongation of the northwesterly line of
said Lot 16; thence southwesterly along said north-
easterly prolongation a-distance of 6.12 feet, more
or less, to its intersection with the northerly
line of said Lot 16; thence easterly along said
northerly line of Lot 16 to an intersection with
the aforementioned northeasterly line of said Lot.
16; thence northwesterly along the northwesterly
prolongation of said northeasterly line a distance
of 7.65 feet, more or less, to the point of begin-
ning,
is unnecessary for present or prospective public street purposes,
that it be vacated, closed up and abandoned.
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The City Council further finds and determines, and it is
hereby ordered, that the public easement in the portion of said
street as heretofore described has, upon the passage of this reso-
lution, 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 o,f California, immediately following
the passage of this resolution.
This resolution was adopted by the City Council of the
City of Newport Beach at a regular meeting on the 9th day of
November, 1959, by the following vote, to wit:
AYES, COUNCIU E14:
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NOES, COUNCILMEN:
ABSENT COUNCILMEN: lt
ATTEST: -
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3.
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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 Noe 5114 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 9th day of November , 19 59, by the following
vote, to wit:
AYES, COUNCILMEN: Kingsley, Atkinson, Higbie, Stoddard,
Hart, Lorenz, Somers
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Dated this 10th day of November , 19 59
S
` - CtyCer an ExO coCer o to
- City Council, City of Newport Beach,
State of California.
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