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HomeMy WebLinkAboutCC RES 73-15RESOLUTION NO. 73-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING FIRST STREET UNDERGROUND UTILITY DISTRICT NO. 2 5 6 8 9 14 ~6 18 ~9 ~0 ~4 ~? ~8 ~0 ~OURKI: & HOLBROOK ATTORNEYa A'i" LAW CROC, KIR-ClTIZI;NiI BANK BUILDtN~ '~ NOR'tH DROAUWA¥ ~TA ANA, CALIF, RESOLUTION NO. 73-i5 1, , _ _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING FIRST STREET UNDERGROUND UTILITY DISTRICT NO. 2 The City Council of the City of Tustin, California, hereby resolves as follows: WHEREAS, by Resolution No. 73-11, a public hearing, was called for March 5, 1973, at the hour of 7:30 P.M., in the Council Chambers, Third and "C" Streets, Tustin, Californ'ia, to ascertain 0 whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wire.s, and associated overhead structures and the underground installation of' wires and facilitiesl for supplying electric, communication, or similar or associated service within that area of the City of Tustin located on First Street, between the Newport Fr'eeway and Prospect Avenue, which area is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and on that certain Map on file in the offices of the City Clerk and City Engineer of the · City of Tustin; and WHEREAS, notice of such hearing has been duly and · reg~ularly given to all affected property owners as shown on the last equalized assessment roll, and to all utilities affected by this proposal, in the manner and for the time required by law and ~y Resolution 73-11~ and : , · · WI-IE~S, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Tustin hereby finds and determines that the public necessity, heal.th, safety and welfare require the removal of poles, overhead wires and associated structures, 1) to eliminate unusually heavy concentrations of overhead distribution facilities, 2) to clear streets used extensively by the general public, which carry 4 8 18 20 ~8 ~9 ~0 a heavy volume of vehicular traffic, and 3) to clear streets which · pass through a civic° area, and the underground installation of wires and facilities for supplying electric, communication or . similar or associated service in 'the Underground District describe4 in Exhibit "A" attached hereto and made a part hereof by this reference, and, pursuant to .the provisions of Ordinance No. 411 · of the City of T~stin, such area is hereby established as First Street Underground Utility District No. 2. RESOLVED, FURTHER, thatthe Council does hereby fix . July 15 , 1973, as the date on which affected property · owners m~st be ready to receive .underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures ~nd the underground instailation of wires and facilities for supplying electric, communication oz'-- similar or associated service within First Street Underground Utility District No. 2 on or before _August,l. 5~ 1973 RESOLVED, FURTHER, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within First Street Underground Utility District No. 2 of the adoption of this resolution within ten (10) days afte~ the date of such adoption. Said City Clerk shall further notify .. said" property owners of the necessity that, if they or any persons occupying such property desire to 'continue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date fixed in this Resolution, provide. all necessary facility changes on their premises so as to receiv--" such service from the lines of the supplying utility or utilitie_. at a new location, subj.~ct to applicable :rules, 're~lations and tariffs of ~he respective utility or utilities on le with the ./ Public Utilities Commission of the S~ate of California. Such notification shall be made by mailing a copy of this Resolution together with a copy of said Ordinance No. 411, to all affected property owners as such are shown on the last equalized assessment roll and to all utilities affected by this Resolution. · PASSED AND .ADOPTED at a regular meeting of the, ~Ci_ty Council held on the 5th day of March, 1973. . 6 C 1%~f CLE~ ...... ~ MAYOR 10 11 14 15, 16 18 ¸19 ~0 ~4 ~6 ~8 ~0 JGR :rg 2-27-73 STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUT}{ C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 73-15 was duly and regularly introduced, read, passed ~nd ad0~t~d at a regular, meeting of the City Council held 'on the 5th day of March 1973, by the following vote: · AYEs: COUNCILMEN MILLER, NOES: COUNCILMEN NONE SALTARELLI, LANGLEY, WELSH, . WOODRUFF ABSENT - COUNCILMEN NONE ei~i- Cle~ty o f" TUs ~in, '"caii~ni a 73141 '3-1-73 o. EXHIBIT A Formation of Underground Utilit~ District. in the City of Tustin · That real property in the City of Tustin, CoUnty of Orange, State of California being a portion of Tustin Ci%y per map recorded, in. Book 4, Page 218 and 219 of Miscellan,eous Records, records o~' Los Angeles County, California and' a portion of the land allotted to Teodocio Yorba in Decree of Partition of the Rancho Santiago de Santa Ana, recorded in Book B of judgements of the 17th Judicial District. Court of California and a porti6n o of Tract No. 338 per map recorded in Book 14, Page 51 of Miscellaneous Maps', records of said Orange County and a portiOn of the Tomas Yorba tract per map filed, in Book 1, Page 33 of Record. of Survoys,. records of said Orange County and. a .portion ; of Tract No. 334 per map recorded in Book 14, Page 46 of Miscellaneous Maps., records, of said Orange County: and a portion- of Resubdivision of Block C and D,. Bundy's Addition to Tustin per map recorded in Book 1, Page 92 of l~4iscellaneous Maps, records of Orange County.and a portion of Felipe Yorba Tract per map recorded in Book 4, Page 206 of Miscellaneous Records, records of Los Angeles County, California and a portion of Tract No. 396. per map recorded in BoOk 16, Page 10 of Miscellaneous Maps, records of Orange County, and a portion of 'Tract No. 347 per map recorded in Book 15, Page 7 of Miscellaneous Maps, records., of Orange County described as a whole as follows- Beginning at the intersection 'of the centerline of First Street with the Northerly Prolongation of the East line of Lot 1 . in Block 41 of said Tustin City; thence Southerly along said prolongation and said East line to a line parallel with and Southerly 50.00 feet from said centerline of First Street; thence Weste[ly along said parallel line to the Easterly line of Lot 10 in~'Block'A of said Tustin City; thence Southerly along said Easterly line and along the Easterly line of Lo.ts 9 and 8 in · . said Block A to the Southerly line of said Lot 8; thence Westerly along said Southerly line and along the Southerly line of Lot 13 in said Block A to the Easterly tine of the Westerly 75.00 feet of said Lot 13; thence Northerly along said Easterl~ line and alo~::g the Easterly line of the Westerly 75.00 feet of Lots 12 and 11 in. said Block A to a line parallel with and ~ Southerly 50.00 feet from said centerline of First Street; thence Westerly along said ~arallel line to a line parallel with and ~ Westerly 200.00 feet from the Easterly line of Block B of said Tustin City; thence Southerly along said parallel line to 'a line parallel with and Southerly 150.00 feet from the Northerly line . of. Block C of said Tustin City; thence Westerly along said parallel line to a line parallel with and Easterly 237.00 feet from. the · · -1- . . _ . IL , 1'I Legal Description - continued Formation of Underground Utility District in the City of Tustin Page 2~o 7314]. 3-1-73 Westerly line of said Block C; thence Northerly along said parallel line to a line parallel with and Southerly 148.50 feet from the,Northerly line of said Block C;. thence Westerly along ' s.aid parallel line to a line parallel wi~h and Easterly 169.00 feet from said Westerly line of Block C; thence Northerly along said parallel line to a line parallel with and Southerly 50.00 feet from said centerline of First Street; thence Westerly along said parallel line to' the Easterly line of Lot 6 in said Tract No. 334; thence Southerly along said Easterly line to the Southeast corner of said Lot 6; thence.. Westerly along the Southerly line of said Lot 6 and the Southerly line of Lots 5, 4, 3, 2, 'and 1 in said Tract No. 334' to .the Southwest corner of said Lot 1; 'thence Northerly al'ong the Westerly line of said Lot 1 to a line parallel with and Southerly 50.00 feet from said centerline · of First Street; thence Westerly along said parallel line to thel centerline of Pasadena Avenue as shown on said map of Resub- division of Block C and D, Bundy's Addition to Tustin; thence Northerly along said centerline and the Nor~_herly prolongation thereof to a line parallel with and Northerly 40.00 feet from said centerline olf First Street; thence Easterly along said parallel line to-t_he-Easterly line of the land described in the deed to the State of California recorded in Book 5557, Page ~ 22 of Official Records, records of Or,ge County; thence ~.lorth- easterly along said Easterly line to the West line of the South- east 19 acres of said Felipe Yorba Tract; thence Southerly along said West line to a line. parallel with .and Nort~herly 92.00 feet from said centerline of .First Street; thence Easterly along said parallel line to the Easterly line of the land described in the deed recorded in Book 4147, Page 359 of-Official Records, recorldS of Orange Co~u~ty; thence Southerly along said Easterly line to a line parallel witch and Northerly 50.00 feet from said centerline ofl First Street; thence Easterly along, said 'parallel line to an angle point in the Northerly boun'dary of the la~d described in the deed recorded in Book 8734, Page 158 of Official Re.cords, records of Orange County; thence, Northeasterly and · Northerly along said boundary to the Westerly prolongation of the Sou,,~herly line of the Northerly 48.00 'feet of Lots 1 and 2 in Bloc)~ A of said Tract No. 396; thence Easterly along said prolongation, said Southerly line and the Easterly prolongation thereof to the Westerly line of Mountain View Avenue (formerly Pacific Street) as shown on said map of Tract No. 396; thence · Southerly along said Westerly line to the Westerly prolongation of the .SoUtherly line of the X)ortherly 5.9.00 feet of Lot 1 in Block B of said Tract No. 396; thence Easterly along said pro- longation said Southerly line and the Easterly prolongation ~thereof to a line parallel ~ wi th and Easterly 13.53 feet. from .the Easterly line of said Lot 1; t/:ence Southerly along said .i Parallel line to a line parallel with and Nor'~herly 50.00 feet from said centerline of First Street; thence Easterly along said parallel line to the Westerly line of Lot 23 in said Tract No. 347; thence Northerly along said Westerly. line to the Sou~J~erly , .--2-- EXHIBIT A Formation of Underground Utility District in the City of Tustin P age Three ~ 3-1-73 line of the Northerly 50.00 feet of said Lot 23; thence Easterly along said Southerly line to the Westerly line of "A" Street as shown on said map of Tract..No. 347; thence Southerly along said Wes'terly line to. the Westerly prolongation o.f the SoutJ~erly line of the Northerly 53.00 feet of Lots 1 and 2 of said Tract No. 3~.7; thence Easterly along said prolongation and said Southerly line to the Easterly line bf said Lot 1; thence Southerly along .said Easterly line to a line parallel with and Northerl~ 106.00 feet from said centerline of First Street; thence Easterly along said parallel line to the East line of the West 145.78 feet of Lot 12 of said Tomas Yorba Tract; thence Southerly along said East line to a line parallel with and Northerly 50.00 feet from said centerline of First Street; thence Easterly along said parallel line to the ]~esterly line of Block A of . said Tract No. 338; thence' Northerly along said Westerly line to the Northwest corner of Lot 4 in said Block A; ~hence Easterly along the Northerly line of said Lot 4 and the Easterly pro- longation ~hereof to the Easterly line of "B" Street as shown on said map of Tract No. 338; thence Southerly along said Easterly line to the Northwest corner Of Lot 1 in Block B of said Tract No. 338; 'thence Easterly along the Northerly line of Lots 1 · to 6 inclusive in said Block B, the Easterly prolongation thereof, the Nor~lqerly line of Lots 1, 2, and 3 in Block C of said Tract No. 33'8 and th.e Easterly prolongation thereof to the Northerly prolongation of the Westerly line of "D" Street as shown on said map of Tus%in City; thence Southerly along said prolongation to a line parallel with and Nor'therly 50.00 feet- from said centerline of First Street; t~hence Easterly along said parallel line to the Northerly prolongation of the Easterly · line of Lot 1 in Block 4i of said Tustin City; thence Southerly along said prolongation to said centerline of First Street and the point of beginning. · . -3-