HomeMy WebLinkAbout7406 - Vacation of Water Line EasementRESOLUTION No. 7406
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ORDERING THE VACATION OF A
WATER LINE EASEMENT BETWEEN SAN JOAQUIN HILLS
ROAD AND PACIFIC VIEW DRIVE
WHEREAS, the City Council of the City of Newport Beach
did, on the 22nd day of March, 1971, pass its certain Resolution
of Intention No. 7392, declaring its intention to order the
vacation of a certain water line easement in the City of Newport
Beach, hereinafter more particularly described, pursuant to and
in accordance with the "Public Service Easements Vacation Law”
and all amendments thereto, being Sections 50430, et seq., of
the Government Code of the State of California; and
WHEREAS, the Public Works Director of the City of
Newport Beach has caused to be conspicuously posted along the
line of said easement proposed to be vacated, not more than 300
feet apart and not less than three in all, notices of the vacation
of said easement, and said notices were posted at least ten days
before the date of the hearing of all persons interested in or
objecting to the proposed vacation, all of which will more fully
appear from the affidavit of Joseph T. Devlin, Street Superintendent
of the City of Newport Beach, on file in these proceedings; and
WHEREAS, said notices .so posted by the Public Works
Director of the City of Newport Beach stated the passage of said
Resolution of Intention No: 7392 aforesaid, and the time and
place of the hearing before the City Council of all persons
interested in or objecting to the proposed vacation of said
easement; and
WHEREAS, the City Council of the City of Newport Beach
did set Monday, April 26, 1971, at 7:30 o'clock P.M. on said day
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as the time, and the Council Chamber located in the City Hall
of the City of Newport Beach at 3300 Newport Boulevard, Newport
Beach, California, as the place, for hearing all persons
interested in or objecting to the proposed vacation of said
easement; and
WHEREAS, a notice of said hearing, giving the date,
time and place thereof, was published in the official newspaper
of the City once each week for at least two successive weeks prior
to said hearing, all of which will more fully appear by the
affidavit of Arvo E. Haapa, publisher of the Newport Harbor
Ensign, said official newspaper, 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 easement in this resolution
more particularly hereinafter described, and finds from all the
evidence submitted that said easement described in said Resolution
of Intention, and hereinafter described, is unnecessary for present
or prospective public use;
NOW, THEREFORE, the City Council of the City of Newport
Beach finds and determines and hereby orders that a certain water
line easement in, over and under that certain real property in the
City of Newport Beach, County of Orange, State of California,
described as follows:
That portion of Block 93 of Irvine's Subdivision as per
map recorded in Book 1, page 88 of Miscellaneous Record
Maps in the office of the County Recorder of said County
described as follows:
That portion of that certain perpetual easement for water
line purposes, thirty (30) feet in width as described in
Parcel 1 in the deed to the City of Newport Beach recorded
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December 20, 1957, in Book 4143, page 395 of Official
Records, lying northeasterly of the generally southwesterly
line of that certain easement for public utility purposes,
80.00 feet wide as described in Parcel 2 in the deed to
the City of Newport Beach, recorded March 3, 1966, in
Book 7857, page 568 of Official Records and lying south-
westerly of the generally southerly line of Pacific View
Drive, 60,00 feet wide as described in Parcel 1 in the
deed to the City of Newport Beach recorded March 15, 1967
in Book 8199, page 419 of Official Records.
is unnecessary for present or prospective public use, and that it
be vacated.
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.
ADOPTED this 26th day of April, 1971.
ATTEST:
ICGCii-Cv�.-
Cilty Clerk
COW
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CFn CLERK OF THE CITY OF NEWPORT 61CH
Mayor
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4/26/71