HomeMy WebLinkAbout5492 - Public Walkway Easement Vacation1)
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1 RESOLUTION NO. _Z Y12,
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION, CLOSING UP
3 AND ABANDONMENT OF A CERTAIN PUBLIC WALI0AY
EASE °NT IN TRACT NO. 3660
4
5 WHEREAS, the City Council of the City of Newport Beach
6 did, on the 25th day of September, 1961, pass its certain Resolutio
7 of Intention No. 5480, declaring its intention to order the vacatio
8 closing up and abandonment of a certain public walkway easement in
9 Tract No. 3660 in the City of Newport Beach, hereinafter more
10 particularly described, pursuant to and in accordance with the
11 "Street placation Act of 1941°x, and all amendments thereto, being
12 Sections 8300 to 8331, inclusive, of the Streets and Highways Code
131 of the State of California; and
14 WHEREAS, the Street Superintendent of the City of Newport
15 Beach lies caused to be posted conspicuously along the line of
16 said public walkway easement proposed to be vacated, not more than
17 300 feet apart, and not less than three in all, notices of the
18 vacation of said public walkway easement, all of which will more
19 fully appear from the affidavit of Joseph T. Devlin, Street Super -
20 intendent of the City of Newport Beach, on file in these proceed
21 ings; and
22 WHEREAS, said notices so posted by the Street Superin-
23 tendent of the City of Newport Beach stated the passage of said
24 Resolution of Intention No. 5480 aforesaid, and the time and place
25 of the hearing of all persons interested in or objecting to the
26 proposed vacation of said public walkway easement; and
27 WHEREAS, the City Council of the City of Newport Beach
28 did set Monday, October 30, 1961, at 7:30 P. M. of said day as the
29 time, and the Council Chamber of the City Council of the City of
30 Newport Beach, located in the City Hall of the City of Newport
31 Beach, as the place, for the hearing of all persons interested in
32 or objecting to the proposed vacation of said public walkway easemei
1 I and
2 YMRFAS, said Resolution of Intention No. 5480 aforesaid
3 has been published at least once in the Newport Harbor News Press, a
4 newspaper of general circulation, printed, published and circulated
5 in the City of Newport Beach, and said publication was made more
6 than 15 days prior to the date set for the hearing of all persons
7 interested in or objecting to the proposed vacation., all of which
8 will more fully appear by the affidavit of Ben Reddick, owner and
9 publisher of said Newport Harbor News Press, on file in these pro -
10 ceedings; and
11 �MREAS, the City Council of the City of Newport Beach
12 has heard the evidence, both written and verbal, of all persons
13 interested in the vacation of said public walkway easement in this
14 resolution more particularly hereinafter described, and finds from
15 all the evidence submitted that said public walkway easement de-
16 scribed in said Resolution of Intention, and hereinafter described,
17 is unnecessary for present or prospective public street purposes;
18 NOW{ TI RWP ®RE, the City Council of the City of Newport
19 (Beach finds and determines and hereby orders that the following
20 11 described public walkway easement in Tract No. 3660 in the City of
21 lNewport Beach, to wit:
22 A portion of Tract No. 3660 in the City of Newport
Beach, Orange County, California, as said Tract No,
23 3660 is shown on a map thereof recorded in Book 144,
pages 9 to 11 inclusive of Miscellaneous Maps, records
24 of said Orange County, more particularly described as
follows:
25
The Southeasterly 10 feet of the Northwesterly 20 feet
26 of Lots 44 and 45 of said Tract No. 3660, said South-
easterly 10 feet being shown on said Tract map as
27 9 010' Easement for Walkway9.
28 is unnecessary for present or prospective public street purposes,
29 and that it be vacated, closed up and abandoned.
30 The City Council further finds and determines, and it is
31 hereby ordered, that the public easement in said public walkway
32 easement as heretofore described has, upon the passage of this
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resolution, ceased.
The City Council further orders that the City Clerk of
the City of Newport Beach shall cause a certified copy of this
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.
AD0PTED this 3 0th day October 196
F�ayor
ATTEST:
L` ttyy —C I er��
3.
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, 5492 was duly and
regularly adopted, passed, and approved by the City Council of
of Newport adjourned
the City wport Beach, California, at a regular /meeting of
said City Council held at the regular meeting place thereof, on
the 30th day of October 19 61 by the following
vote, to wit:
AYES, COUNCILMEN: Atkinson, Cook, Stoddard, Hart, Lorenz, Somers
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Kingsley
Dated this 31st day of October 19 61
Z tty C er c a t* Ex-Utticio Clerk o tFe
City Connell, City of Newport Beach,
State of California.
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