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1 RESOLUTION No. K
2 A RESOLUTIONI OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH CONDITIONALLY ABANDONING STREET
3 VACATION PROCEEDINGS.AS TO PARCELS 2 AND 3
INITIATED BY RESOLUTION NO. 5455..
4
5 WHEREAS, the City Council initiated proceedings to vacated
6 and abandon portions of Neptune Avenue by the adoption of Resolu-
7 tion No. 5455; and
8 WHEREAS, it has come to the attention of the City Council
9 that the State of California has adopted a freeway route which
10 includes those portions of Neptune Avenue described in said resolu-
11 tion as Parcels Nos. 2 and 3 in the freeway right- of-way and has
12 filed an action in eminent domain to acquire the land adjoining
13 said Parcels 2 and 3 and has obtained an order for possession and
14 has taken possession of said adjoining land; and
15 WHEREAS, the State has also filed an action in Superior
16 I Court under Orange County No. 97915 to enjoin the vacation or
17 abandonment of the street right- of�way as to said Parcels 2 and 3
18I and has obtained a temporary restraining order to prevent holding a
19 hearing thereon; aid
20 WHEREAS, it would appear to be improper to vacate and
21 abandon the street right -of -sway lying within the freeway route;
22 NOW, THEREFORE, BE IT RESOLVED that the proceedings to
23 vacate the street right -of-way described as Parcels 2 and 3 in said
24 Resolution No. 5455 be abandoned on condition that the plaintiffs
25 in said action dismiss the action against all defendants named
26 therein without prejudice to any party and without cost to the City
27 ..or.any,City officer or employee.
28 ADOPTED this day of Q,r.�a...a.�' , 1961.
29 / y L /IiLGw(r�
30 ATTEST: Mayor
31 city clerk
32
•
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, 5468 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 28th
vote, to wit:
day of August , 1961 , by the following
AYES, COUNCILMEN: Kingsley, Atkinson, Cook, Hart, Lorenz
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Stoddard, Somers
Dated this 5th day of September 19 61
i
City er an x -officl Clerk ot the
City Council, City of Newport Beach,
State of California.
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