HomeMy WebLinkAbout5132 - 44th Street Vacation11/27/16 (12)
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RESOLUTION NO. J-/ix,,
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION, CLOSING UP
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AND ABANDONMENT OF A PORTION OF A CERTAIN STREET
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KNOWN AS-44TH STREET
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WHEREAS, the City Council of the City of Newport Beach
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did, on the 9th day of November, 1959, pass its certain Resolution
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of Intention No. 5124, declaring its intention to order the
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vacation, closing up and abandonment of a portion of a certain
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street known as 44th Street in the City of Newport Beach, herein -
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after more particularly described, pursuant to and in accordance
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with the "Street Vacation Act of 1941 ", and all amendments thereto,
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being Sections 8300 to 8331, inclusive, of the Streets and Highways
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Code of the State of California; and
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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
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portion of said street proposed to be vacated, not more than 300
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feet apart, and not less than three in all, notices of the vacation
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of said portion of said street, all of which will more fully appear
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from the affidavit of L. W. Covert, Street Superintendent of the
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City of Newport Beach, on file in these proceedings; and
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WHEREAS, said notices so posted by the Street Superin-
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tendent of the City of Newport Beach stated the passage of said
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Resolution of Intention No. 5124 aforesaid, and the time and place
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of the hearing of all persons interested in or objecting to the
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proposed vacation of said portion of said street; and
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WHEREAS, the City Council of the City of Newport Beach
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did set Monday, December 14, 1959, at 7:30 P. M. of said day as
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the time, and the Council Chamber of the City Council of the City
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of Newport Beach, located in the City Hall of the City of Newport
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Beach, as the place, for the hearing of all persons interested in
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or objecting to the proposed vacation of said.portion of said
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street; and
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WHEREAS, said Resolution of Intention No. 5124 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 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 44th Street in
the City of Newport Beach, to wit:
All of that portion of 444th Street, 30 feet in
width, as shown uppon a map of Canal Section
recorded in Mi.sceilaneous Map Book 4, page �8,
records of Orange County, California, lying
northerly of the northerly line of Channel Place,
as shown upon said map of Canal Section,
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 reso-
lution, ceased.
The City Council further orders that the City Clerk of
the City of Newport Beach shall cause a certified copy of this
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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.
This resolution was adopted by the City Council of the
City of Newport Beach at a regular meeting on the 14th day of
December, 1959, by the following vote, to wit:
AYES, COUNCILMEN: s{, O,T.P..,.�.r j .
ATTEST:
NOES, COUNCILMEN:
ABSENT COUNCILMEN: 6c"
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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. 5132 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 14th day of December , 19 59 by the following
vote, to wit:
AYES, COUNCILMEN: Kingsley, Atkinson, Higbie, Stoddard,
Hart, Lorenz, Somers
NOES,
None
ABSENT, COUNCILMEN: None
Dated this 15th day of December , 19 59 .
City Cler and Ex-O icio lerk fo t ie
City Council, City of Newport Beach,
State of California.
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