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HomeMy WebLinkAbout5845 - Alley Vacationr 9 1 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 31 321 rmec 24/63 (12) RESOLUTION NO. S A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP, VACATION AND ABANDONMENT.OF A PORTION OF AN ALLEY BETWEEN BALBOA BOULEVARD AND BAY AVENUE AND BETWEEN CYPRESS STREET AND CORONADO STREET. The City Council of the City of Newport Beach, pursuant to the provisions of 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, does hereby resolve and declare as follows: SECTION 1. The public interest and convenience require the closing up, vacation and abandonment of a portion of a certain alley between Balboa Boulevard and Bay Avenue and between Cypress Street and Coronado Street in the City of Newport Beach, and it is the intention of the City Council of the City of Newport Beach to order the following described portion of said alley in the City of Newport Beach, County of Orange, State of California, to be vacate, closed up and abandoned, to wit: That portion of the alley adjoining the easterly line of Lot 9, Block 3, as shown on the "Map of Newport Bay Tract" recorded in Book 4, page 16 of Miscellaneous Maps in the office of the county recorder of the county of Orange, state of California, together with that portion of the alley adjoining the westerly line of Lots 6 and 7, Block 1, as shown on the "Map of the Balboa Tract" recorded in Book 4, page 11 of said Mis- cellaneous Maps, said portions lying southerly of the easterly prolongation of the northerly line of said Lot 9 and northerly of the northerly line of Balboa Blvd. (formerly Central Avenue) as shown on.said maps. All of that portion of said alley to be vacated, closed up and abandoned is more clearly shown on a certain map approved and adopted by the City Council of the City of Newport Beach for said vacation, closing up and abandonment, by resolution dated August 26, 1963, and designated "Resolution No.jlq±", which said map is on file in the office of the City Clerk of the City of 1 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 Newport Beach. Reference is hereby made to said map for further particulars as to the proposed vacation, closing up and abandonment of said portion of said alley, and said map is made a part of this resolution by this reference to the same extent and purpose as if it were incorporated herein in full. SECTION 2. The proceedings for the closing up and aban- donment of the aforesaid portion of said alley shall be had and taken, and the City Council of the City of Newport Beach hereby elects to proceed under the provisions of the "Street Vacation Act of 194111, and all amendments thereto, being Sections 8300 to 8331, inclusive, of the Streets and Highways Code of the State of California. SECTION 3. The Street Superintendent of the City of Newport Beach shall cause to be conspicuously posted along the line of the portion of said alley proposed to be vacated not more than 300 feet apart, but not less than three in all, notices of the vacation of said portion of said alley. Said notices shall state the passage of this Resolution of Intention and the time and place of the hearing of all persons interested in or objecting to the proposed vacation of said portion of said alley. Said notices shall be so posted at least ten days before the date of said hearing, all as required by law. SECTION 4. There is hereby reserved and excepted from the vacation of said portion of said alley a permanent easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove and renew any sanitary sewers and water lines and appurtenances in, upon, over and across said portion of said alley proposed to be vacated. These vacation proceedings are taken subject to the reservations and exceptions herein contained. SECTION 5. Notice is hereby given that the City Council of the City of Newport Beach does hereby fix Monday, the 23rd day 2. I of September, 1963, at the hour of 7 :30 orclock P. M. of said day, 2 in the Council Chambers of the City of Newport Beach, located in 3 the City Hall of the City of Newport Beach, as the time and place 4 for hearing all persons interested in or objecting to the proposed 5 vacation of said portion of said alley, and the City Council at 6 said time and place will hear the evidence offered by any person 7 interested in the vacation of said portion of said alley herein - 8 before described. 9 SECTION 6. This Resolution of Intention shall be pub - 10 lished at least once in the official newspaper of the City, and 11 said publication shall be made before the date set for the hearing 12 of all persons interested in or objecting to the proposed vacation. 13 ADOPTED this 26th day of August, 1963. 14 15 Mayor 16 ATTEST: 17 18 amity Cleric 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 5845 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 mee.ting.place thereof,_ on the 26th day of August > 19 63 by the following, vote, to wit: AYES, COUNCILMEN: Gruber, Hart, Marshall, Elder NOES, COUNCILMEN: . Lorenz, Cook, Stoddard ABSENT, COUNCILMEN: None Dated. .this Tj day of September „ 19 63 City Clerk. and Ex- Officio Clerk ofahe City Council, City of Newport Beach, State of California.