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HomeMy WebLinkAbout5455 - Neptune Avenue Vacation7 is 2 • 3 4 5 6 7 S Q 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 29 30 31 321 :raec 0/61 (12) RESOLUTION NO. -S V5-5- A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS ITT£ENTION TO ORDER THE CLOSING UP, VACATION AND ABANDONMENT OF PORTIONS OF A CERTAIN STREET KNOWN AS NEPTUNE AVENUE 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 portions of a certain street known as Neptune Avenue in the City of Newport Beach, and it is the intention of the City Council of the City of Newport Beach to order the following described portions of said street in the City of Newport Beach, County of Orange, State of California, to be vacated, closed up and abandoned, to wit: Parcel #1 All that portion of an easement for street purposes, thirty (30) feet in width, deeded to the City of Newport Beach, November 15, 1927, and recorded in Book 96, page 223 of Official Records of Orange County, California, lying north- westerly of a line parallel with and 122.00 feet north- westerly of the northwesterly line of 54th Street, as 54th Street is shown on a map of River Section recorded in Book 4, page 25 of Miscellaneous Maps, records of said Orange County and southeasterly of the following described line: Beginning at a point in the northeasterly line of Seashore Drive, as described in Final Decree of Condemnation entered in Superior Court Case No. 28144, in and for said County of Orange, a certified copy thereof being recorded in Book 603, page 333 of Official Records, Orange County; said point being distant southeasterly along said northeasterly line of Seashore Drive 450.00 feet from the intersection of said northeasterly line with the westerly line of the east half of Section 29, T6S, R10W S.B.B. & M; thence northerly, in a direct.line, to the most west- erly corner of Lot "A" of Tract No. 3162, as shown on map recorded in Book 95, pages 16, 17 and 18 of Fags; records of Orange County. Parcel #2 All that portion of an easement for street purposes, thirty 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 feet in width, deeded to the City of Newport Beach, November 15, 1927, and recorded in Book 96, page 228 of Official Records of Orange County, California, lying southeasterly of the southerly line of the California State Highway as described in deed to the State of California of record in Book 434, page 213 of Deeds, records of Orange County, California, and northwesterly of the following described line. Beginning at a point in the northeasterly line of Seashore Drive, as described in Final Decree of Condemnation entered in Superior Court.Case No. 28144, in and for said County of Orange, a certified copy thereof being recorded in Book 6 ®3, page 333 of Official Records, Orange County; said point being distant southeasterly along said northeasterly line of Seashore Drive 450.00 feet from the intersection of said northeasterly line with the westerly line of the east half of Section 29, T6S, RIOW S.B.B. & M; thence northerly, in a direct line, to the most west- erly corner of Lot "A" of Tract No. 3162, as shown on map recorded in Book 95, pages 16, 17 and 18 of Maps, records of Orange County. Parcel #3 All that portion of an easement for street purposes, thirty (30) feet in width, deeded to the City of Newport Beach, November 15, 1927, and recorded in Book 96, page 228 of Official Records of Orange County, California, described as follows: Beginning at the southeasterly corner of Lot Two (2) in Block One Hundred Fifty -Bight (158) of "River Section ", as shown on a Flap recorded in Book 4, page 25 of Miscellaneous Maps, records of Orange County, California; running thence along a line parallel to the northeasterly line of the .60 foot Southern Pacific Railroad right of way, South 56° 28' 30" east 71.08 feet to a point; thence northerly on a•curve concave to the east and having a radius of 15 feet, a distance of 40.38 feet to a point in the southerly line of the California State Highway as described in the deed recorded January -18th, 1324, in Book 508, page 65 of Deeds, records of Orange County, California. Thence along said southerly line of said California State Highway and tangent to said curve North 800 18' 27" west 71.08 feet to the point of beginning. All of those portions of said street to be vacated, closed up and abandoned are more.clearly shown on a certain map ap- proved and adopted by the City Council of the City of Newport Beach for said vacation, closing up and abandonment, by resolution dated July 10, 1961, and designated "Resolution No. Y115V , 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 2. 0 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 particulars as to the proposed vacation, closing up and abandonment of said portions of said street, and said map is made a part of thi 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 aban- donment of the aforesaid portions of said street shall be had and taken, and the City Council of the City of Newport Beach hereby elects to proceed under the provisions of the S °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. Such notices shall be so posted at least ten days before the date of said hearing, all as required by law. SECTION 4. Notice is hereby given that the City Council of the City of Newport Beach does hereby fix Monday, the 14th day of August, 1961, at the hour of 7 :30 o'clock P. H. of said day, in the Council Chambers of the City of Newport Beach, located in the City Hall of the City of Newport Beach, as the time and place for hearing all persons interested in or objecting to the proposed vacation of said portions of said street, and the City Council at said time and place will hear the evidence offered by any person interested in the vacation of said portions of said street herein - before described. 3. 1 SECTION 5. This Resolution of Intention shall be pub - 2 lished at least once in the official newspaper of the City, and • 3 said publication shall be made before the date set for the hearing 4 of all persons interested in or objecting to the proposed vacation. 5 ADOPTED this 10th day of u1y, 196 6 7 Mayor 8 ATTEST: 9 city Clerk 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 • 29 30 31 32 4. STATE OF CALIFORNIA .) COUNTY OF ORANGE ) 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. 5455 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 10th day of July 19. 61 , by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: Kingsley, Atkinson, Cook, Stoddard, Hart, Somers Lorenz ABSENT, COUNCILMEN: None Dated this 12th it day of July 19 61 . I� ity er an x- Ufficlo Clerk or t e City Council, City of Newport Beach, State of California.