HomeMy WebLinkAbout5593 - Vacation of 46th Street.% 5
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RECORDED AT REQUEST QF
0" OF NEWPORT eFAW
IN OFFICIAL RECORDS i.
ORANGE COUNTY, CALIF.
9:05 AN JUN 4 1962
RESOLUTION NO. RUBY McFARLAND, Couuiy Recorder
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FN
NEWPORT BEACH ORDERING THE VACATION, CLOSING UP
AND ABANDONMENT OF A PORTION.OF A CERTAIN STREET
KNOWN AS.46TH STREET .
WHEREAS, the City Council of the City of Newport Beach
did, on the 9th day of April, 1962, pass its certain Resolution of
Intention No. 5569, declaring its intention to order the vacation,
closing up and abandonment of a portion of a certain street known
as 46th Street in the City of Newport Beach, hereinafter more
particularly described, pursuant to and in accordance with the
t9Street Vacation Act of'194111, 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
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Beach has caused to be posted conspicuously along the line of the
portion of said street proposed to be vacated, not more than 300
feet apart, and not less than three in all, notices of the vacation
of said portion of said street, all of which will more fully appear
from the affidavit of Joseph T. Devlin, 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. 5569 aforesaid, and the time and place
of the hearing of all persons interested in or objecting to the
proposed vacation of said portion of said street; and
WHEREAS, the City Council of the City of Newport Beach
did set Monday, May 142 1962, 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
or objecting to the proposed vacation of said portion of said
street; and
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R
BooK6131 FAGE967
WHEREAS, said Resolution of Intention No. 5569 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 in the manner prescribed by law
for the publishing of ordinances of the City, all of which will mo.
fully appear by the affidavit of Ben Reddick, owner and publisher
said Newport Harbor News Press, on file in these proceedings; and
WHERSAS, said hearing was opened on May 14, 1962, and was
thereafter continued to May 28, 1962, at which time additional
evidence was taken; and
WHEREAS, the City Council of the City of Newport Beach
has heard the evidence, both written and verbal, of all persons
interested in the vacation of said portion of said street in this
resolution more particularly hereinafter described, and finds from
all the evidence submitted that said portion of said street de-
scribed in said Resolution of Intention, and hereinafter described,
is unnecessary for present or prospective public street purposes;
NOW, THEREFORE, the City Council of the City of Newport
Beach finds and determines and hereby orders that the following
described portion of that certain street known as 46th Street in
the City of Newport Beach, to wits
That portion of 46th Street, as shown upon a map of
River Section recorded in Book 4, page 25, of Miscel-
laneous Naps, records of Orange County, California,
which lies southwesterly of the northwesterly prolonga-
tion of the southwesterly line of Lot 16, Block 45, of
said River Section, and southeasterly of the northeaster
prolongation of the northwesterly line of said Block 45,
is unnecessary for present or prospective public street purposes,
and that it be vacated, closed up and abandoned.
The City Council further finds and determines, and it is
hereby ordered, that the public easement in the portion of said
street as heretofore described has, upon the passage of this
resolution, ceased.
The City Council further orders that the City Clerk of
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1 the City of Newport Beach shall cause a certified copy of this
2 Order, duly attested by her as the City Clerk, under the seal of
3 the City, to be recorded in the office of the County Recorder of
4 the County of Orange, State of California, immediately following
5 the passage of this resolution.
6 ADOPTED this Uth day of May, 1962.
7
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9 ATTEST:
10 ,
11 CtyCer
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3.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH)
aooic f i3 PmE 969
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 Noe 5593 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 28th day of May 19 62 , by the following
vote, to wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT, COUNCILMEN
Stoddard, Gruber, Cook, Hart, Lorenz,
Marshall. Elder
None
None
Dated this 29th day of May , 1962
City Cotincil, City of
State of California.
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