HomeMy WebLinkAbout99-62 - Little Balboa Island Area Vacation10 WHEN REQUESTED BYAND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658 -1768
I'
RecGary L
tlinGranville, Clerk/Recorder lifornia
No Fee
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EN94PT RECORDING REQUM RE
GOVER�1�� EW CODE SIN RESOLUTION NO. 99 -62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF ALLEY
RIGHT -OF -WAY BOUNDED BY THE GRAND CANAL, BALBOA AVENUE
ABALONE AVENUE AND PARK AVENUE (LITTLE BALBOA ISLAND AREA);
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 Street Vacation Act (Section 8300 et sec. of the Streets & Highways Code) is authorized to
• vacate portions of public rights -of -way; 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 declaring its intent
to vacate a portion of this public right -of -way and has determined that the proposed vacation is
consistent with the General Plan; and
WHEREAS, the City Council of the City of Newport Beach desires to vacate the portion of
Alley, legally described in Exhibit "A" and depicted on the map attached as on Exhibit "B, the
vacation to be processed pursuant to the provisions of the Street Vacation Act; and
WHEREAS, the right -of -way is unnecessary for present or prospective public street
purposes; and a public utilities easement is reserved for the area below 7.5 feet above alley grade
and for above ground utility facilities until such time as these facilities are removed; and
WHEREAS, a notice of intention was published for at least two (2) successive weeks prior
• to the hearing in the official newspaper of the City of Newport Beach; and
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•
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WHEREAS, at least 2 weeks before the day set for hearing, notices of the proposed
vacation were conspicuously posted along Alley, with the notices posted not more than three
hundred feet 300 apart and a minimum of 3 notices posted on each street. The notices stated the
day, hour, and place of the hearing.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that
the portion of street rights -of -way legally described in Exhibit "A", and depicted on the map
attached as Exhibit "B" is hereby ordered vacated and abandoned reserving a public utility
easement and access easement as shown on exhibit "B" and described in exhibit "A".
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution
recorded by the Orange County Recorder.
Adopted this 13th day of September 1999.
CITY CLERK
F:\ Users\PBW\Shared \Resolutions \V -Lil Island alley.doc
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Dennis O'Neil, Mayor r
•
EXHIBIT "A"
A portion of alley, 25.00 feet wide, in the City of Newport Beach, County of Orange,
State of California, portions of which are described in deed to the City of Newport
Beach recorded December 10, 1943 in Book 1225, Page 170 of Official Records in the
office of the County Recorder of said County. Said portions of alley being vacated
are described as follows:
The westerly 2.50 feet of that certain strip of land, 7.50 feet wide, as described in
said deed, said strip of land lying west of and adjacent to the east line of Lots 3, 4, 5,
6, 7, 8 ,9, 10, 11, 12, 13 and 14 in Block 7 of Section Five, Balboa Island per map
thereof filed in Book 8, Page 9 of Miscellaneous Maps in the office of the County
Recorder of said County.
• TOGETHER WITH the easterly 2.50 feet of that certain strip of land, 7.50 feet
wide, as described in said deed, said strip of land lying east of and adjacent to the
west line of Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 in said Block 7.
RESERVING THEREFROM an easement for public utilities purposes over the
vacated area that is below 7.50 feet above alley grade and also reserving a public
utility easement for existing above ground utility facilities until such time as those
facilities are removed.
•
NORTH
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20
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7.5'
22
2.5'
7.5'
7
2.5'
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PARK
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2.5'
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VICINITY MAP
AVE.
Portion of alley to be vacated
and reserving an easement for
public utilities purposes over
the vacated area that is below
7.50 feet above alley grade and
also reserving a public utility
easement for existing above
ground utility facilities until such
time as those facilities are re-
moved.
AVE.
EXHIBIT "B"
19 MIT
Newpw.. Obi, sret�
Pudic Wwks Department
September 1999
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 seven; that the foregoing
resolution, being Resolution No. 99 -62, 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 13 1h day
of September, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of September, 1999.
(Seal)
City Clerk
Newport Beach, California