HomeMy WebLinkAbout5206 - Vacation of Alley in CdM•
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RESOLUTION NO. .5-acb
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION,. CLOSING UP
AND ABANDONMENT OF THE FIRST ALLEY NORTH OF
EAST ,COAST HIGHWAY, CORONA DEL MAR, BETWEEN
HAZEL DRIVE AND POPPY AVENUE
WHEREAS, the City Council of the City of Newport Beach
did, on the 14th day of March, 1960, pass its certain Resolution
of Intention No. 5181, declaring its intention to order the
vacation, closing up and abandonment of the first alley north of
East Coast Highway, Corona' del Mar, between Hazel Drive and Poppy
Avenue 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
8331, 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 alley proposed to be vacated, not more than 300 feet
apart, and not less than three in all, notices of the vacation of
said alley, all of which will more fully appear from the affidavit
of L. W. Covert, 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. 5181 aforesaid, and the time and place
of the hearing of all persons interested in or objecting to the
proposed vacation of said alley; and
WHEREAS, the City Council of the City of Newport Beach
did set Monday, April 11, 1960, at 7:30 P. M. of said day as the
time, and the Council Chamber 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
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or objecting to the proposed vacation of said alley; and
WHEREAS, said Resolution of Intention No. 5181 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 oral, of all persons
interested in the vacation of said alley in this resolution more
particularly hereinafter described, and finds from all the eviden
submitted that said alley described in said Resolution of Intenti
and hereinafter described, is unnecessary for present or prospecm
tive public street purposes;
NOW, THEREFORE, the City Council of the City of Newport
Beach finds and determines and hereby orders that the following
described alley north of East Coast Highway, Corona del Mar,
between Hazel Drive and Poppy Avenue in the City of Newport Beach,
to wit:
First alley northerly of East Coast Highway from.
Hazel Drive to Poppy Avenue; as shown on a map of
Block B, Tract No. 673, recorded in Book 20, pages
17 and 18, of Miscellaneous Flaps, Records of
Orange County, California,
is unnecessary for present or prospective public street purposes,
and that it be vacated, closed up and abandoned, subject to the
reservations and exceptions hereinafter reserved.
The City Council further finds and determines, and it is
hereby ordered, that the public easement in the said alley as
heretofore described has, upon the passage of this resolution,
ceased, except there is hereby reserved and excepted from the
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vacation of said alley a permanent easement and right at any time,
or from time to time, to construct, maintain, operate, replace,
remove and renew sanitary sewers and storm drains and appurtenant
structures in, upon, over and across said alley being vacated
and pursuant to any existing franchises or renewals thereof, or
otherwise, to construct, maintain, operate, replace, remove, renew
and enlarge lines of pipe, conduits, cables, wires, poles, and
other convenient structures, equipment and fixtures for the opera-
tion of gas pipe lines, telegraphic and telephone lines, railroad
lines, and for the transportation or distribution of electric
energy, petroleum and its products, ammonia, water, and incidental
purposes, including access and the right to keep the property free
from inflammable materials, and wood growth, and otherwise protect
the same from all hazards in, upon and over the said alley being
vacated.
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 following
the passage of this resolution.
ADOPTED this 11th day Qf April, 19".
ATTEST: � v
—�� City Clerk
3.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
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. 5206 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 11th day of April , 19 60 , by the following
vote, to wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT, COUNCILMEN:
Dated this
13th
Kingsley, Atkinson, Higbie, Stoddard,
Hart, Lorenz, Somers
None
None
day of April , 19 60 ,
City Clerk and\Ex1tticio Clerk ot the
City Council, City of Newport Beach,
State of California.