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HomeMy WebLinkAbout9339 - Abandonment of Alley in Block 5G .- • • RESOLUTION NO. 9339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING COUNCIL'S INTENTION TO ORDER THE CLOSING UP AND ABANDONMENT OF THE MOST WESTERLY ALLEY IN BLOCK 5 EAST NEWPORT TRACT, AND SETTING A PUBLIC HEARING FOR JUNE 12, 1978 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 and abandonment of two parcels of the most westerly alley in Block 5 of the East Newport Tract 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 alleys in Block 5 of the East Newport Tract in the City of Newport Beach, County of Orange, State of California, to be vacated, closed up and abandoned, to wit: Parcel "A" That certain alley 10.00 feet in width adjoining the westerly line of Lot 13, Block 5, as shown on the Map of East Newport Tract recorded in Book 3, Page 37, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. Parcel "B" That certain alley 10.00 feet in width adjoining the westerly line of Lot 19, Block 5, as shown on the Map of East Newport Tract recorded in Book 3, Page 37, of Miscellaneous Maps in the office of the County Recorder of Orange County, California. All of said two parcels of the most westerly alley in Block 5 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 abandomment, by resolution dated May 22, 1978 , and designated "Resolution No. 9338 ", which said map is on file in the office of the City Clerk of the City of Newport Beach. Reference is hereby made to said map for further particu- lars as to the proposed vacation, closing up and abandonment 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 abandonment of the aforesaid 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 1941 ", 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 alley proposed to be vacated not more than 300 feet apart, but not less than three in all, notices of the vacation 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 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 alleys a permanent easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and appurtenant structures in, upon, over and across said alley proposed to be • 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 -2- • C J for the operation of telegraphic and telephone lines, and for the transportation or distribution of electric energy. 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 12th day of June, 1978, at the hour of 7:30 P.M. of said day, in the Council Chambers of the City of Newport Beach, located in the City Hall of the City of Newport Beach, as the time and place for hearing all persons interested in or objecting to the proposed vacation of said alley, and the City Council at said time and place will hear the evidence offered by any person interested in the vacation of said alley hereinbefore described. SECTION 6. This Resolution of Intention shall be published at least once in the official newspaper of the City, and said publication shall be made before the date set for the hearing of all persons interested in or objecting to the proposed vacation. ADOPTED this 22nd ATTEST: 1 City Clerk CERTIFIED S THE CRIGI� X �.. ........ _...__.. CITY CLERK OF THE CITY OF N SiACCI MAY l 5 1978 *AT& ._...Y.... -., day of .May , 1978. MIA, > R -3- DDO /bc 5/19/78