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HomeMy WebLinkAbout9923 - Vacate Public Utility Easement at El Capitana - e RESOLUTION NO. 9923 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING COUNCIL'S INTENTION TO VACATE, CLOSE AND ABANDON THE PUBLIC UTILITY EASEMENT NORTHERLY OF EL CAPITAN DRIVE ALONG THE SOUTHERLY BOUNDARY OF TRACT 9860 AND SETTING A PUBLIC HEARING FOR DECEMBER 22, 1980 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: 1. The public interest and convenience require the closing up and abandonment of vacated portion of 'E1 Capitan Drive along the southerly bou intention of the City Council order the following described doned: the public utility easement in the Drive, northerly of E1 Capitan ndary of Tract 9860; and it is the of the City of Newport Beach to easement to be closed up and aban- "That certain public utility easement, 16.00 feet wide, as shown on a map of Tract No. 9860 recorded in Book 435, pages 43, 44 and 45 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California, lying within the southerly 16.00 :feet of Lots 8, 23, 24, 37 and 38 of said tract. Excepting therefrom those portions of said Lot 24 lying within the westerly 15.00 feet of said lot and the southerly 3.00 feet of the westerly 35.00 feet of said lot." • All of said easement to be vacated, closed up and abandoned is more clearly shown on a certain map approved and adopted by the City Council of the City of Newport Beach for vacation, closing up and abandonment by Resolution dated November 24 , 1980, and 0 1. designated Resolution No. 9924 , which said map is on file in the Office of the City Clerk of the Cit!i of Newport Beach. Reference • is hereby made to said map for further particulars as to the pro- posed vacation, closing up and abandonment of said public utility easement, 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. 2. The proceedings for the closing up and abandonment of the aforesaid public utility easement shall be had and taken, and the City Council of the City of Newport Beach hereby elects to proceed under the provisions of the Street Vacation Act of 1941, and all amendments thereto, being sections 8300 to 8331, inclu- sive, of the Streets and Highways Code of the State of Califor- nia. 3. The Street Superintendent of the City of Newport Beach shall cause to be conspicuously posted along the line of the public utility easement proposed to be vacated not more than 300 feet apart, but not less than three in all, notices of the vacation of said public utility easement. Said notices shall state the passage of this Resolution of intention and the time and place of the hearing of all persons interested in or object- ing 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. These vacation proceedings are taken subject to the • reservations and exceptions herein contained. 4. Notice is hereby given that the City Council of the City of Newport Beach does hereby fix Monday, December 22 2 • 1980, at the hour of 7:30 p.m. of said day, in the City Council Chambers of the City of Newport Beach, located at 3300 Newport Boulevard, Newport Beach, California, as the time and place for hearing all persons interested in or objecting to the proposed vacation of said public utility easement, 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. 5. This Resolution of Intention shall be published at least once in the official newspaper of the City, and said publi- cation shall be made before the date set for the hearing of all persons interested in or objecting to the proposed vacation. ADOPTED this 24th day of November, 1980. ATTEST: City Clerk CBRTIM D AS T CMt! NA! ACM CW.W OF THE OTTP OF NrMJ M O&UM i .�r. kv 111780