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HomeMy WebLinkAbout5979 - Beacon Street Vacationme6 /64 (12) 1 RESOLUTION NO. rR `7 q Bt-&c 7ia3 rliaS'T `? -7 -6 V 211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION OF A PORTION 3�I OF A UTILITY EASEMENT IN THE VACATED PORTION. OF 4 DRIVEN_STREET BETWEEN LA JOLLA DRIVE AND CATALINA 611 WHEREAS, the City Council of the City of Newport Beach 7; did, on the 25th day of May, 1964, pass its certain Resolution of i 81, Intention No. 5968, declaring its intention to order the vacation 9I of a portion of a certain easement for utility purposes in the 10 vacated portion of Beacon Street between LaJolla Drive and Catalina 11 Drive in the City of Newport Beach, hereinafter more particularly 12 described, pursuant to and in accordance with the "Public Service 13 Easements Vacation Law" and all amendments thereto, being Sections 14 50430 to 50445, inclusive, of the Government Code of the State of 15 California; and 16 WHEREAS, the Public Works Director of the City of Newport 17 Beach has caused to be conspicuously posted along the line of the 18 portion of said easement proposed to be vacated, not more than 300 19 feet apart and not less than three in all, notices of the vacation 20 of said portion of said easement, and said notices were posted at 21 least ten days before the date of the hearing of all persons inter - 22 ested in or objecting to the proposed vacation, all of which will 24 25 26 27 W1 29 3'0 31 32 more fully appear from the affidavit of Joseph T. Devlin, Public Works Director of the City of Newport Beach, on file in these pro- ceedings; and WHEREAS, said notices so posted by the Public Works Director of the City of Newport Beach stated the passage of said Resolution of Intention No. 5968 aforesaid, and the time and place of the hearing before the City Council of all persons interested in or objecting to the proposed vacation of said portion of said easement; and WHEREAS, the City Council of the City of Newport Beach 1, 1 did set Monday, June 22, 1964, at 7:30 o'clock P. M. on said day 2 I as the time, and the Council Chamber located in the City Hall of 3' the City of Newport Beach at 3300 Newport Boulevard, Newport Beach, 41 California, as the place, for hearing all persons interested in or 5I objecting to the proposed vacation of said portion of said ease- 6 ment; and 7 WHEREAS, a notice of said hearing, giving the date, time 8� and place thereof, was published in the official newspaper of the 9 City once each week for at least two successive weeks prior to said 10 hearing, all of which will more fully appear by the affidavit of 11 William M. Schmidt, Advertising Manager of the Newport Harbor News 12 Press -Daily Pilot, said official newspaper, on file in these prow 13 ceedings; and 14 WHEREAS, the City Council of the City of Newport Beach 15 has heard the evidence, both written and verbal, of all persons 16 interested in the vacation of said portion of said easement in 17 this resolution more particularly hereinafter described, and finds 18 from all the evidence submitted that said portion of said easement 19 described in said Resolution of Intention, and hereinafter describe 20 is unnecessary for present or prospective public use; 21 NOW, THEREFORE, the City Council of the City of Newport 22 Beach finds and determines and hereby orders that all that certain 23 easement for utility purposes in the vacated portion of Beacon 24 Street between LaJolla Drive and Catalina Drive in the City of 25 Newport Beach except the following: 26 Parcel No. 1: 27 An easement for public utility purposes, 9.00 feet in width, the northeasterly line of said easement being 5 feet north- 28 easterly of and parallel with the center line of Beacon - Street (formerly Twelfth Street) lying between the north - 29 easterly prolongation of the southeasterly line of Catalina Drive (formerly Old County Road) and the northeasterly pro- 30 longation of the northwesterly line of La Jolla Drive (formerly Smeltzer Avenue), as shown on -a Map of.Tract No. 31 444, recorded in Book 19,_page 29 of Miscellaneous Maps, Records of Orange County, California; said Beacon Street 32 vacated by Resolution No. 4564 of the City of Newport Beach, 2. 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 a certified copy of which Resolution was recorded November 19, 1956 in Book 3715, page 488 of Official Records of said Orange County. The side lines of said easement to be lengthened or shortened to terminate on the said southeast- erly line of Catalina Drive and the said northwesterly line of La Jolla Drive. Parcel No, 2: An easement for public utility purposes 10.00 feet in width, the northwesterly line of said easement being 58 feet north- westerly of and parallel to the northeasterly prolongation of the northwesterly line of said La Jolla Drive. The side lines of said easement to be lengthened or shortened to terminate on the northeasterly line of said vacated Beacon Street, and on a line parallel with and 8.00 feet south- westerly of the centerline of said vacated Beacon Street, is unnecessary for present or prospective public use, and that it be 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. ATTEST: ADOPTED this 22nd day of June, 1964. 3. mayor T _w STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) a9 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. 5979 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, or -the . ZZnd day of . June 19 64 , by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this 6th Stoddard, Forgit, Cook, Gruber, Elder Marshall, Parsons day of None None July 19 64 S City Clerk and x- fficio Clerk.of.the City Council, City of Newport Beach, State of California.