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HomeMy WebLinkAbout7058 - Vacation of Bayside DriveRESOLUTION NO. 7 0 5 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION, CLOSING UP AND ABANDONMENT OF A PORTION OF A CERTAIN STREET KNOWN AS BAYSIDE DRIVE WHEREAS, the City Council of the City of Newport Beach did, on the 28th day of July, 1969, pass its certain Resolution of Intention No. 7044, declaring its intention to order the vacation, closing up and abandonment of a portion of a certain street known as Bayside Drive, in the City of Newport Beach, here- inafter 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 portion of said street proposed to be vacated, not more than 300 feet apart, and not less than three in all, notices of the vacation of said portion of said street, all of which will more fully appear from the affidavit of Joseph T. Devlin, 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. 7044 aforesaid, and the time and place of the hearing of all persons interested in or objecting to the proposed vacation of said portion of said street; and WHEREAS, the City Council of the City of Newport Beach did set Monday, August 25, 1969, at 7030 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 -1- F or objecting to the proposed vacation of said portion of said street; and WHEREAS, said Resolution of Intention No. 7044 aforesaid has been published at least once in the Newport Harbor Ensign, the official newspaper of the City, 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. Hasps, Printer and Publisher of the Newport Harbor Ensign, 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 described in said Resolution of Intention, and hereinafter described, is 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 portion of that certain street known as Bayside Drive in the City of Newport Beach, to wit; That portion of Block 51 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 1, page SS of Miscellaneous Record Maps in the office of the County Recorder of said County, described as follows; That portion of Bayside Drive, formerly Palisades Road, 40.00 feet wide, as described in a deed to the County of Orange, recorded in Book 1037, page 269 of Official Records of said County, bounded on the Northwest and Southwest by the Easterly right of way line of Jamboree Road, 132.00 feet wide, as described in a deed to the City of Newport Beach, recorded June 6, 1962, in Book 6135, page 155 of said Official Records. is unnecessary for present or prospective public street purposes, • and that it be vacated, closed up and abandoned. -2- 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 resolution, 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 Cleric, 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 25th day of August, 1969. rAT Me ATTEST: Gilty Clerk C IED AS THE OR NAt _._ 1��1...0 ................ ... C CLERK OF 7HE CI OF NEWP T MACM • THS :mh -3- 8/25/69