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HomeMy WebLinkAbout5577 - Vacation of Alley in Balboa Tract1 2 3 4 5 6 7 0 n 10 11 12 13 14 15 16 17 18 19 20 21 22 231 24 25 26 271 0 28I' 29i 30'1 31' 321 I :mec /62 (12) RESOLUTION NO. -S " A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE..CITY.OF_NEWPORT BEACH DECLARING_ITS_ INTENTION. TO.ORDER „THE CLOSING UP, VACATION AND.. ABANDONMENT :OF AN ALLEY.IN BLOCK,lO.OF BALBOA TRACT 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 Ithe closing up and abandonment of a certain alley in Block 10 of Balboa Tract 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 alley in the City of Newport Beach, County of Orange, State of California, to be vacated, closed up and abandoned, to wit: All of that certain alley 10 feet in width, in Block 10 of Balboa Tract, in the County of Orange, State of California, as shown on a -map recorded in Book 4, page 11 of Miscellaneous Maps, in the office of the County Recorder of said County.. All of said alley to be vacated, closed up and abandoned lis more clearly shown on a certain map approved and adopted by the City Council of the City of Newport Beach for said vacation, closing up and abandonment, by resolution dated April °1 1962, and designated "Resolution No. SN_'1L81, which said map is on file in the office of the City Clerk of the City of Newport Beach. Refe is hereby made to said map for further particulars as to the pro - posed vacation, closing up and abandonment of said alley, and said map is made a part of this 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® Idonment of the aforesaid alley shall be had and taken, and the City • 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Council of the City of Newport Beach hereby elects to proceed under the provisions of the "Street Vacation Act of 1941 ", and all amend- ments 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 line of the alley proposed to be vacated not more than 300 feet apart, but not less than three in all, notices of the vacation of said alley. Said notices shall state the passage of this Resolu- tion of Intention and the time and place of the hearing of all persons interested in or objecting to the proposed vacation of said alley. Said notices shall be so posted at least ten days before the date of said hearing, all as required by law. SECTION 4. There is hereby reserved and excepted from the vacation of said alley a permanent easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove and renew sanitary sewers and storm drains and appurtenant structures in, upon, over and across said alley pro^ posed to be vacated and pursuant to any existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fix- tures for the operation of gas pipe lines, telegraphic and telephon lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water, and incidental purposes, including access and the right to keep the property free from inflammable materials, and wood growth, and otherwise protect the same from all hazards in, upon and over the said alley proposed to be vacated. These vacation proceedings are taken subject to the reservations and exceptions herein contained. SECTION 5. Notice is hereby given that the City Council 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 of the City of Newport Beach does hereby fix Monday, the %1 'day of May, 1962, at the hour of 7:30 o'clock P. M. of said day, in the Council Chambers of the City of Newport Beachs;ocated 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 alley, and the City Council at said time and place will hear the evidence offered by any person interested in:. the vacation of said alley hereinbefore described. SECTION 6. This Resolution of Intention shall be pub- lished at least once in the official newspaper of the City, and said publication shall be made before the date set for the hearing of all persons interested in or objecting to the proposed vacation. ADOPTED this d�1111 day of April, 1962. 3. U 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 Noe 5577 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 9th day of April 1962 by the following vote, to wit: AYES, COUNCILMEN: Kingsley. Atkinson. Hart, Lorenz, Somers NOES, COUNCILMEN: Cook, Stoddard ABSENT, COUNCILMEN: None Dated .this 13th day of April , 19 62 On Q 2nM City a an4 Ex-Otticio Clerk ot the City Council, City of Newport Beach, State of California.