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HomeMy WebLinkAbout4980 - Balboa Boulevard Vacation31 %27/5? (12) I 1 RESOLUTION NO. NY,fc • 2 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE_CITY OF NEWPORT.BEACH DECLARING ITS 3 INTENTION.TO ORDER THE CLOSING UP, VACATION AND ABANDONMENT -OF PORTIONS OF A CERTAIN STREET 4 KNOWN AS BALBOA BOULEVARD 5 6 The City Council of the City of Newport Beach, pursuant 7 to the provisions of the "Street Vacation Act of 1941 ", and all 8 amendments thereto, being Sections 8300 to 8331, inclusive, of 9 the Streets and Highways Code of the State of California, does 10 hereby resolve and declare as follows: 11 SECTION 1: The public interest and convenience require 12 the closing up and abandonment of portions of a certain street 13 known as Balboa Boulevard between "C" Street and "F" Street in the 14 City of Newport Beach, and it is the intention of the City Council 15 of the City of Newport Beach to order the following described 16 portions of said street in the City of Newport Beach, County of 17 Orange, State of California, to be vacated, closed up and aband 18 to wit: 19 Parcel 1: 20 A strip of land six feet wide extending between the southwesterly prolongation of the northwesterly line 21 of Lot 1, Block 17, East Side Addition to the Balboa Tract recorded in Miscellaneous Map Book 4, Page 20, 22 Records of Orange County, California, and the south- westerly prolongation of the southeasterly line of 23 Lot 18, said Block 17, and adjacent to and south- westerly of the southwesterly line of said Block 17. 24 Parcel 2: 25 A strip of land six feet wide extending between the 26 southwesterly prolongation of the northwesterly line of Lot 1, Block 19, East Side Addition to the Balboa 27 Tract recorded in Miscellaneous Map Book 4, Page 20, Records of Orange County, California., and the south - 28 westerly prolongation of the southeasterly line of Lot 12, said Block 19, and adjacent to and south - • 29 westerly of the southwesterly line of said Block 19, 30 Parcel 3: 31 A strip of land six feet wide extending between the southwesterly prolongation of the northwesterly line 32 of Lot 1, Block 21, East Side Addition to the Balboa • 1 2 3 4 5 6 7 7 9 10 11 12 13 14 15 16 17 18 19 20 211 22. 23' 24 25 26 27 28 29 30 31 32 Tract recorded in Miscellaneous Map Book 4, Page 20, Records of Orange County, California., and the south- easterly prolongation of the northeasterly line of Lot 14, said Block 21, and adjacent to and south- westerly of the southwesterly line of said Block 21. All of those portions of said street to be vacated, closed up and abandoned are 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 April 27, 1959.., and designated "Resolution No. `L ", 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 abandonmen of said portions of said street, 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 portions of said street shall be had and taken, and the City Council of the City of Newport Beach here 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 lines of the portions of said street proposed to be vacated not more than 300 feet apart, but not less than three in all, notices of the vacation of said portions of said street. 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 portions of said street 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 2. 1 the vacation of said portions of said street a permanent easement • 2 and right at any time, or from time to time, to construct,maintain, 3 operate, replace, remove and renew sanitary sewers and storm drains 4 and appurtenant structures in, upon, over and across said portions 5 of said street proposed to be vacated and pursuant to any existing 6 franchises or renewals thereof, or otherwise, to construct, main- 7 tain, operate, replace, remove, renew and enlarge lines of pipe, 8 conduits, cables, wires, poles, and other convenient structures, 9 equipment and fixtures for the operation of gas pipe lines, tele- 10 graphic and telephone lines, and for the transportation or dis- 11 tribution of electric energy, water, and incidental purposes, 12 including access and the right to keep.the property free from 13 inflammable materials, and wood growth, and otherwise protect the 14 same from all hazards in, upon and over the portions of said street 15 proposed to be vacated. 16 These vacation proceedings are taken subject to the 17 reservations and exceptions herein contained. 18 SECTION 5: Notice is hereby given that the City Council 19 of the City of Newport Beach does hereby fix Monday, the 25th day 20 of May, 1959, at the hour of 7:30 o'clock P. M, of said day, in 21 the Council Chambers of the City of Newport Beach, located in the 22 City Hall of the City of Newport Beach, as the time and place for 23 hearing all persons interested in or objecting to the proposed 24 vacation of said portions of said street, and the City Council at 25 said time and place will hear the evidence offered by any person 26 interested in the vacation of said portions of said street herein - 27 before described„ 28 SECTION 6. This Resolution of Intention shall be pub- 29 lished at least once in the Newport Harbor Ensign, a newspaper of 30 general circulation, printed, published and circulated in the City 31 of Newport Beach, and said publication shall be made before the 32 date set for the hearing of all persons interested in or objecting II 3. • • 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 to the proposed vacation. This resolution was adopted by the City Council of the City of Newport Beach at a regular meeting on the 27th day of April, 1959, by the following vote, to wit: AYES, COUNCILMEN- ABSENT COUNCILMEN: L"V�- ATTEST:" K ~ I SBityy `cleric` 4. • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF MWPORT 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. 4980 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 27th day of April a 19592 by the following vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN. None ABbaT, COUNCILMEN: None Dated this 28th day of April , 1959. City Clerk land A%-Officio Clerk o e City Council, City of Newport Beach, State of California.