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HomeMy WebLinkAbout99-34 - 401 Avocado Avenue VacationRECORDING REQUESTED BY AND WHEN RECO I H41�t TO: • city Clem JUN 11 A9:42 City of Newport Beach P. O. Box 17G8rN CITY � Newport�CP,I 4- , N_4 -i,T - 8915 Recorded in the County of Orange, California Gary L. Granv.ill•a, Clerk /Recorder IIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIII11111111111111111111111 No Fee 19990417369 4; 07pm 06/04/99 005 17015385 17 77 IR28 5 5.00 12.00 0.00 0.00 0.00 0.00 S SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 6103 RESOLUTION NO. 99 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF AVOCADO AVENUE ADJACENT TO 401 AVOCADO AVENUE; AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of the Public Streets, Highways and Service Easements Vacation Law (Section • 8300 et seg. of the Streets & Highways Code) is authorized to vacate a portion of a public easement; and WHEREAS, the City Council of the City of Newport Beach has reviewed and considered the various elements of the General Plan of the City of Newport Beach prior to considering the vacation of this portion of public easement and has determined that the proposed vacation is of a minor nature and is consistent with the General Plan; and WHEREAS, the City Council finds and determines from all of the evidence submitted that the subject portion of Avocado Avenue described herein is unnecessary for present or prospective public use; and WHEREAS, the City Council of the City of Newport Beach desires to vacate the portion of Avocado Avenue, legally described in the attached Exhibit "A" and depicted on • a map as Exhibit "B ", the vacation to be processed pursuant to the provisions of the Streets Highways and Service Easements Vacation Law; and f: \u sers \pbw \dhoffsta dt\resoluti. ons \v- avocado -2.doc 13 I� WHEREAS, Notice to vacate and abandon the public easement was given in accordance with California Streets & Highways Code, Section 8322 and 8323. • NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of street right -of -way legally described in the attached Exhibit "A ", and depicted on the map as Exhibit "B" is hereby ordered vacated and abandoned, RESERVING THEREFROM, an easement in the Avoca do..Avenue right -of -way for sewer maintenance and construction purposes as shown on Exhibit "B ". BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder. Adopted this loth day of May 11999 � r 4AYOR ATTEST: •CITY CLERK • f:\usem\pbw\dhoffstadt\resoluti.ons\v-avocado-2.doc • EXHIBIT "A" That portion of Avocado Avenue in the-City of Newport- Beach; County of Orange, State of California described as follows: The northwesterly 23.00 feet of Avocado Avenue (formerly 27th Avenue), 50.00 feet wide, in Block 328 of Corona Del Mar Tract as shown on a map thereof filed in Book 3, Pages 41 and 42 of Miscellaneous Maps in the office of the County Recorder of said County and the northwesterly 23.00 feet of Avocado Avenue, 50.00 feet wide, as shown on map of Tract No. 682 filed in Book 20, Page 19 and as shown on map of Tract No. 2813 filed in Book 94, Pages 45, 46 and 47 both of said Miscellaneous Maps, lying southwesterly of the southeasterly prolongation of the northeasterly line of Lot 185 of said Tract No. 2813. RESERVING therefrom an easement for sewer line purposes over said northwesterly 23.00 feet bounded on the southwest by the northwesterly prolongation of the southwesterly line of the alley, 20.00 feet wide, in said Block 328. • • EXHIBIT "B" 0 N O R T H • TRAM 9 �. SIDE hLh �VACATIO _ ,��TE,� RIGHT OF WAY BEING VACATED /r VICINITY MAP Wq TgRpRONr \/ �P P � G / P m X" C � it loon rr • STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is se err foregoing resolution, being Resolution No. 99 -34, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of May, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: Glover Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 11th day of May, 1999. (Seal) E City Clerk of the City of Newport Beach, California