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HomeMy WebLinkAbout5206 - Vacation of Alley in CdM• 0 WWC:me 4/5/60 (12) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2�v< saoa S�a�c Soo H-19 -Jv0 RESOLUTION NO. .5-acb A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION,. CLOSING UP AND ABANDONMENT OF THE FIRST ALLEY NORTH OF EAST ,COAST HIGHWAY, CORONA DEL MAR, BETWEEN HAZEL DRIVE AND POPPY AVENUE WHEREAS, the City Council of the City of Newport Beach did, on the 14th day of March, 1960, pass its certain Resolution of Intention No. 5181, declaring its intention to order the vacation, closing up and abandonment of the first alley north of East Coast Highway, Corona' del Mar, between Hazel Drive and Poppy Avenue in the City of Newport Beach, hereinafter more particularly described, pursuant to and in accordance with 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; and WHEREAS, the Street Superintendent of the City of Newport Beach has caused to be posted conspicuously along the line of the alley proposed to be vacated, not more than 300 feet apart, and not less than three in all, notices of the vacation of said alley, all of which will more fully appear from the affidavit of L. W. Covert, Street Superintendent of the City of Newport Beach, on file in these proceedings; and WHEREAS, said notices so posted by the Street Superin- tendent of the City of Newport Beach stated the passage of said Resolution of Intention No. 5181 aforesaid, and the time and place of the hearing of all persons interested in or objecting to the proposed vacation of said alley; and WHEREAS, the City Council of the City of Newport Beach did set Monday, April 11, 1960, at 7:30 P. M. of said day as the time, and the Council Chamber of the City Council of the City of Newport Beach, located in the City Hall of the City of Newport Beach, as the place, for the hearing of all persons interested in n LJ 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 o .. or objecting to the proposed vacation of said alley; and WHEREAS, said Resolution of Intention No. 5181 aforesaid has been published at least once in the Newport Harbor News Press, a newspaper of general circulation, printed, published and circu- lated in the City of Newport Beach, and said publication was made more than 15 days prior to the date set for the hearing of all persons interested in or objecting to the proposed vacation, all of which will more fully appear by the affidavit of Ben Reddick, owner and publisher of said Newport Harbor News Press, on file in these proceedings; and WHEREAS, the City Council of the City of Newport Beach has heard the evidence, both written and oral, of all persons interested in the vacation of said alley in this resolution more particularly hereinafter described, and finds from all the eviden submitted that said alley described in said Resolution of Intenti and hereinafter described, is unnecessary for present or prospecm tive public street purposes; NOW, THEREFORE, the City Council of the City of Newport Beach finds and determines and hereby orders that the following described alley north of East Coast Highway, Corona del Mar, between Hazel Drive and Poppy Avenue in the City of Newport Beach, to wit: First alley northerly of East Coast Highway from. Hazel Drive to Poppy Avenue; as shown on a map of Block B, Tract No. 673, recorded in Book 20, pages 17 and 18, of Miscellaneous Flaps, Records of Orange County, California, is unnecessary for present or prospective public street purposes, and that it be vacated, closed up and abandoned, subject to the reservations and exceptions hereinafter reserved. The City Council further finds and determines, and it is hereby ordered, that the public easement in the said alley as heretofore described has, upon the passage of this resolution, ceased, except there is hereby reserved and excepted from the 2. CI 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 vacation of said alley a permanent easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove and renew sanitary sewers and storm drains and appurtenant structures in, upon, over and across said alley being 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 opera- tion of gas pipe lines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water, and incidental purposes, including access and the right to keep the property free from inflammable materials, and wood growth, and otherwise protect the same from all hazards in, upon and over the said alley being vacated. The City Council further orders that the City Clerk of the City of Newport Beach shall cause a certified copy of this Order, duly attested by her as the City Clerk, under the seal of the City, to be recorded in the office of the County Recorder of the County of Orange, State of California, immediately following the passage of this resolution. ADOPTED this 11th day Qf April, 19". ATTEST: � v —�� City Clerk 3. yor 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 5206 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 11th day of April , 19 60 , by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this 13th Kingsley, Atkinson, Higbie, Stoddard, Hart, Lorenz, Somers None None day of April , 19 60 , City Clerk and\Ex1tticio Clerk ot the City Council, City of Newport Beach, State of California.