HomeMy WebLinkAbout9923 - Vacate Public Utility Easement at El Capitana - e
RESOLUTION NO. 9923
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING COUNCIL'S INTENTION
TO VACATE, CLOSE AND ABANDON THE PUBLIC
UTILITY EASEMENT NORTHERLY OF EL CAPITAN DRIVE
ALONG THE SOUTHERLY BOUNDARY OF TRACT 9860 AND
SETTING A PUBLIC HEARING FOR DECEMBER 22, 1980
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:
1. The public interest and convenience require the
closing up and abandonment of
vacated portion of 'E1 Capitan
Drive along the southerly bou
intention of the City Council
order the following described
doned:
the public utility easement in the
Drive, northerly of E1 Capitan
ndary of Tract 9860; and it is the
of the City of Newport Beach to
easement to be closed up and aban-
"That certain public utility easement, 16.00
feet wide, as shown on a map of Tract No. 9860
recorded in Book 435, pages 43, 44 and 45 of
Miscellaneous Maps in the Office of the County
Recorder of Orange County, California, lying
within the southerly 16.00 :feet of Lots 8, 23,
24, 37 and 38 of said tract.
Excepting therefrom those portions of said Lot
24 lying within the westerly 15.00 feet of
said lot and the southerly 3.00 feet of the
westerly 35.00 feet of said lot."
• All of said easement 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 vacation, closing
up and abandonment by Resolution dated November 24 , 1980, and
0
1.
designated Resolution No. 9924 , which said map is on file in the
Office of the City Clerk of the Cit!i of Newport Beach. Reference
• is hereby made to said map for further particulars as to the pro-
posed vacation, closing up and abandonment of said public utility
easement, 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.
2. The proceedings for the closing up and abandonment of
the aforesaid public utility easement 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, inclu-
sive, of the Streets and Highways Code of the State of Califor-
nia.
3. The Street Superintendent of the City of Newport Beach
shall cause to be conspicuously posted along the line of the
public utility easement proposed to be vacated not more than 300
feet apart, but not less than three in all, notices of the
vacation of said public utility easement. 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 object-
ing 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.
These vacation proceedings are taken subject to the
• reservations and exceptions herein contained.
4. Notice is hereby given that the City Council
of the City of Newport Beach does hereby fix Monday, December 22
2
•
1980, 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 public utility easement, 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.
5. This Resolution of Intention shall be published at
least once in the official newspaper of the City, and said publi-
cation shall be made before the date set for the hearing of all
persons interested in or objecting to the proposed vacation.
ADOPTED this 24th day of November, 1980.
ATTEST:
City Clerk
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