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RESOLUTION NO. 7958
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ORDERING THE VACATION
AND ABANDONMENT OF A PORTION OF A PUBLIC
UTILITY EASEMENT RESERVED OVER VACATED BAY -
SIDE DRIVE
• WHEREAS, the City Council of the City of Newport Beach
did, on the 12th day of March, 1973, pass its certain Resolution
of Intention No. 7944, declaring its intention to order the
vacation and abandonment of a portion of a public utility ease-
ment reserved over vacated Bayside Drive, 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 and abandoned not
more than 300 feet apart and not less than three in all, notices
of the vacation and abandonment of said easement, and said no-
tices were posted at least ten days before the date of the
hearing of all persons interested in or objecting to the pro-
posed vacation and abandonment all of which will more fully ap-
pear 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. 7944 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 9, 1973, at 7 :30 o'clock P.M. on said day
as the time, and the Council Chamber located in the City Hall
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•
of the City of Newport Beach at 3300 Newport Boulevard, Newport
Beach, California, as the place, for hearing all persons in-
terested in or objecting to the proposed vacation and abandonment
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 and abandonment 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 un-
necessary 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 portion of
a public utility 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 Lot "B ", Tract No. 3867, in the
City of Newport Beach, County of Orange, State of Cali-
fornia, as per map filed in Book 301, pages 40 to 46
inclusive, of Miscellaneous Maps in the Office of the
County Recorder of said County, described as follows:
Beginning at a point on the Westerly line of said
Lot "B" distant North 0 054102" East 36.10 feet from
the Southwest corner thereof; thence South 84 045'33"
East 83.00 feet; thence North 50 011104" East 38.18 feet;
thence South 84 °48156" East 106.72 feet to a point on
the Northeasterly line of said lot, said Northeasterly
line being a non - tangent curve concave Northeasterly
having a radius of 855.00 feet, a radial to said point
bears South 38 °11125" West; thence Northwesterly 34.22
feet along said curve and said Northeasterly line
through an angle of 2 017135 "; thence non - tangent North
84 048156" West 188.56 feet to said Westerly line; thence
South 0 °54102" West 41.05 feet along said Westerly line
to the point of beginning.
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SUBJECT TO: All Covenants, Rights, Rights -of -way,
and easements of Record,
is unnecessary for present or prospective public use, and that
it be vacated and abandoned.
Said easement to be vacated and abandoned is shown on
a certain map entitled "Abandonment of 'Easement by Reservation'
• by City of Newport Beach - Bayside Drive," dated September 14,
1972, a copy of which is marked Exhibit "B" and attached hereto
and by this reference made a part hereof, and which shall be
kept on file in the office of the City Clerk as a part of this
resolution.
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, immedi-
ately following the passage of this resolution.
ADOPTED this 9th day of April , 1973.
ATTEST:
City Clerk
FIED AS YHE ORIG NAL
- - -.. v1A
CITY CLERK OF THE CITY OF NE ORT BEACH
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