HomeMy WebLinkAbout9649 - Abandonment of Acacia StreetRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING COUNCIL'S INTENTION
' TO ORDER THE CLOSING UP AND ABANDONMENT OF A
PORTION OF ACACIA STREET, AND SETTING A PUBLIC
HEARING FOR NOVEMBER 12, 1979
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 a portion of Acacia
Street, northeasterly of the intersection of Orchard Drive and
Acacia Street, and it is the intention of the City Council of
the City of Newport Beach to order the following described
parcel:
That portion of the southeasterly 30.00 feet of
Acacia Street, 60.00 feet wide, as shown on a map
of Tract No. 706, recorded in Book 21, Page 25
of Miscellaneous Maps, in the office of the Recorder
of the County of Orange, California, described as
follows:
That portion of the southeasterly 30.00 feet of said
Acacia Street bounded on the northeast by a line
concentric with and 50.00 feet southeasterly, measured
radially, from the centerline of Irvine Avenue, as
said centerline is described in a deed to the County
of Orange, recorded September 13, 1962, in Book 6247,
Page 578 of Official Records in said office of the
County Recorder; and bounded on the southwest by the
northwesterly prolongation of the southwesterly line
of Lot 72 of said tract.
Reserving therefrom, a public utility easement to con-
struct, operate and maintain aerial and underground
public utilities over that portion thereof lying with-
in the southeasterly 10.00 feet of the southeasterly
30.00 feet of said Acacia Street.
All of said parcel 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
October 9th , 1979,.and designated Resolution No. 9648 ,
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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 particulars as to the proposed vacation, closing
up and abandonment of said parcel, 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 parcel 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 parcel proposed to be vacated not more than 300 feet
apart, but not less than three in all, notices of the vacation
of said parcel. 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 parcel. 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 parcel 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
for the operation of telegraphic and telephone lines, and for
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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 of November, 1979, at the hour of 7:30 p.m. of said
day, in the City Council Chambers of the City of Newport
Beach, located at 3300 Newport Boulevard, Newport Beach,
California, as the time and place for hearing all persons interested
in or objecting to the proposed vacation of said parcel, and the
City Council at said time and place will hear the evidence
offered by any person interested in the vacation of said parcel
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 9th day of
ATTEST:
City Clerk
CERTIPI-ED AAT E ORIGINAL ...'
61iY C6EdFK 64 Y49& CITY OP Pf B5ACh1
DAY&
OCT 1 1 1979
Mayor
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October
, 1979.
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10/2/79