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HomeMy WebLinkAbout5037 - Balboa Boulevard Vacation0 1W i1i'Vic 6/1 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 (12) _. < C tlli? q RESOLUTION NO. So37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NE1'•1PORT BEACH ORDERING THE VACATION, CLOSING UP AND ABANDONMENT OF PORTIONS OF A CERTAIN STREET KNO101 AS BALBOA BOULEVARD [:WREAS, the City Council of the City of Newport Beach did, on the 25th day of May, 1959, pass its certain Resolution of Intention No. 5013, declaring its intention to order the vacation, closing up and abandonment of portions of a certain street known as Balboa Boulevard between "C" Street and "F" Street 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 83311 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 portions of said street proposed to be vacated, not more than 300 feet apart, and not less than three iri all, notices of the vacation of said portions of said street, all of which will more fully appea: from the affidavit of L. W. Covert, the said Street Superintendent of the City of Newport Beach, on file in these proceedings; and 1,1HEREAS, said notices so posted by the Street Superin- tendent of the City of Newport Beach stated the passage of said Resolution of Intention No. 5013 aforesaid, 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; and 14IiEREAS, the City Council of the City of Newport Beach set Monday, June 22, 1959, at 7:30 P. M. of said day as the time, and the Council Chambers of the City Council of the City of Newport Beach, located in the City Hall of the City of Newport Beach, as th place, for the hearing of all persons interested in or objecting to the proposed vacation of said portions of said street; and WHEREAS. said Resolution of Intention No. 5013 aforesaid i 1 2 3I4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 22. 23 24 25 26 27 28 29 sm 31 32 has been published at least once in the Newport Harbor Ensign, 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 Arvo E. Haapa, owner and publisher of said Newport Harbor Ensign, on file in these proceedings; and IMEREAS, the City Council of the City of Newport Beach has heard the evidence, both written and verbal, of all persons interested in the vacation or said portions of said street in this resolution more particularly hereinafter described, and finds from all the evidence submitted that said portions of said street described in said Resolution of Intention, and hereinafter de- scribed,a±e 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 portions of that certain street known as Balboa Boule between "C" Street and "F" Street in the City of Newport Beach, to wit: Parcel 1: A strip of land six feet wide extending between the southwesterly prolongation of the northwesterly line of Lot 1, Block 17, East Side Addition to the Balboa Tract recorded in Miscellaneous Map Book 4, Page 20, Records of orange County, California, and the south- westerly prolongation of the southeasterly line of Lot 18, said Block 17, and adjacent to and south- westerly of the southwesterly line of said Block 173 Parcel 2: A strip of land six feet wide extending between the southwesterly prolongation of the northwesterly line of Lot 1, Block 19, East Side Addition to the Balboa Tract recorded in Miscellaneous Map Book 4, Page 20, Records of Orange County, California, and the south- westerly prolongation.of the southeasterly line of Lot 12, said Block 19, and adjacent to and south- westerly of the southwesterly line of said Block 19; 2, Jga-a 4-7,V G 77 32 �I City of Nelrmort Beach at a regular meeting on the 22nd day of June, 3. 1 Parcel 3: • 2 A strip of land six feet wide extending between the southwesterly prolongation of the northwesterly line 3 of Lot 1, Block 21, East Side Addition to the Balboa '• Tract recorded in Miscellaneous Map Book 4, Page 20, 4 Records of Orange County, California, and the south- easterly prolongation of the northeasterly line of 5 Lot 14, said Block 21, and adjacent to and south- westerly of the southwesterly line of said Block 21, 6 7 are unnecessary for present or prospective public street purposes 8 and that they be vacated, closed up and abandoned, subject to the 9 reservations and exceptions hereinafter reserved, 10 The City Council further finds and determines, and it is 11 hereby ordered, that the public easement in the portions of said 12 street as heretofore described has, upon the passage of this resolu 13 tion, ceased, except there is hereby reserved and excepted from 14 the vacation of said portions of said street a permanent easement 15 and right at any time, or from time to time, to construct, maintain 16 operate, replace, remove, renew and enlarge poles, cross arms, 17 cables, wires and other equipment and fixtures for the operation of 18 telegraphic and telephone lines, and.for the transportation or dis- 19 tribution of electric energy and incidental purposes, including 20 access and the right to keep said poles, cross arms, cables and 21 wires free from inflammable materials, and wood growth, and other - 22 wise protect the same from all hazards upon and over the portions 23 of said street being vacated. 24 The Gity Council further orders that the City Clerk of 25 the City of Newport Beach shall cause a certified copy of this 26 order, duly attested by her as the City Clerk, under the seal of 27 the City, to be recorded in the office of the County Recorder of 28 the County of Orange, State of California, immediately following -� 29 the passage of this resolution, 30 31 This resolution was adopted by the 91ty Council of the 32 �I City of Nelrmort Beach at a regular meeting on the 22nd day of June, 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 1959, by the following vote, to wit: AYES, COUNCILMEN: ATTEST: T —Clty- er NiES, COUNCILMEN: V-r 2 ABSENT COUNCILMEN: h'6 -- 4. STATE OF CALIFORNIA ) . COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ) I, MARGERY 5CHROUDER2 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 waintained in my office, the foregoing Resolution No. 5037 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 22d day of June 9 19 59 by the following vote, to wit: AYES, COUNCILMEN: Kingsley, Atkinson, Higbie, Stoddard, Hart, Lorenz, Somers NOES, COUNCILMEN: None AB6BNT, COUNCILMEN °None Dated this 23d day of June , 1959. M City Clerk and Fit-Officio Clerk of t e City Council, City of Newport Beach, State of California.