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HomeMy WebLinkAbout9649 - Abandonment of Acacia StreetRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING COUNCIL'S INTENTION ' TO ORDER THE CLOSING UP AND ABANDONMENT OF A PORTION OF ACACIA STREET, AND SETTING A PUBLIC HEARING FOR NOVEMBER 12, 1979 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: SECTION 1. The public interest and convenience require the closing up and abandonment of a portion of Acacia Street, northeasterly of the intersection of Orchard Drive and Acacia Street, and it is the intention of the City Council of the City of Newport Beach to order the following described parcel: That portion of the southeasterly 30.00 feet of Acacia Street, 60.00 feet wide, as shown on a map of Tract No. 706, recorded in Book 21, Page 25 of Miscellaneous Maps, in the office of the Recorder of the County of Orange, California, described as follows: That portion of the southeasterly 30.00 feet of said Acacia Street bounded on the northeast by a line concentric with and 50.00 feet southeasterly, measured radially, from the centerline of Irvine Avenue, as said centerline is described in a deed to the County of Orange, recorded September 13, 1962, in Book 6247, Page 578 of Official Records in said office of the County Recorder; and bounded on the southwest by the northwesterly prolongation of the southwesterly line of Lot 72 of said tract. Reserving therefrom, a public utility easement to con- struct, operate and maintain aerial and underground public utilities over that portion thereof lying with- in the southeasterly 10.00 feet of the southeasterly 30.00 feet of said Acacia Street. All of said parcel 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 said vacation, closing up and abandonment by resolution dated October 9th , 1979,.and designated Resolution No. 9648 , • which said map is on file in the Office of the City Clerk of the City of Newport Beach. Reference is hereby made to said map for further particulars as to the proposed vacation, closing up and abandonment of said parcel, 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. SECTION 2. The proceedings for the closing up and abandonment of the aforesaid parcel 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, inclusive,_ of the Streets and Highways Code of the State of California. SECTION 3. The Street Superintendent of the City of Newport Beach shall cause to be conspicuously posted along the line of the parcel proposed to be vacated not more than 300 feet apart, but not less than three in all, notices of the vacation of said parcel. 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 objecting to the proposed vacation of said parcel. Said notices shall be so posted at least ten days before the date of said hearing, all as required by law. SECTION 4. There is hereby reserved and excepted from the vacation of said parcel a permanent easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove and renew sanitary sewers and appurtenant structures in', upon, over and across said alley proposed to be 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 operation of telegraphic and telephone lines, and for -2- G • the transportation or distribution of electric energy. These vacation proceedings are taken subject to the reservations and exceptions herein contained. SECTION 5. Notice is hereby given that the City Council of the City of Newport Beach does hereby fix Monday, the 12th of November, 1979, 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 parcel, and the City Council at said time and place will hear the evidence offered by any person interested in the vacation of said parcel hereinbefore described. SECTION 6. This Resolution of Intention shall be published at least once in the official newspaper of the City, and said publication shall be made before the date set for the hearing of all persons interested in or objecting to the proposed vacation. ADOPTED this 9th day of ATTEST: City Clerk CERTIPI-ED AAT E ORIGINAL ...' 61iY C6EdFK 64 Y49& CITY OP Pf B5ACh1 DAY& OCT 1 1 1979 Mayor -3- October , 1979. kv 10/2/79