HomeMy WebLinkAboutORD 1065 (1991)1
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ORDINANCE NO. 1065
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.
13, YORBA STREET, AND DECLARING ITS INTENTION TO ORDER
THE CONVERSION
WHEREAS, by Resolution No. 91-46 a public hearing was
called for April 15, 1991 at the hour of 7:00 p.m. in the
Council Chambers of the City of Tustin, California, to
ascertain whether the public necessity, health, safety, or
welfare requires the removal of poles, overhead wires and
associated structures, and the underground installation of
wires and facilities for supplying electrical, communication,
or similar or associated service, within that certain area of
the City of Tustin more particularly described in the legal
description and shown on a map marked Exhibit "A" attached
hereto.
WHEREAS, notice of such hearing has been given to all
affected property owners, if any, as such are shown on the
last equalized assessment roll and to all utilities concerned
in the manner and time required by law; and
WHEREAS, such hearing has been duly and regularly held
and all persons interested have been given an opportunity to
be heard.
NOW, THEREFORE, the Council of the City of Tustin does
hereby ordain:
I. The Council hereby finds and determines that the
public necessity, health, safety and welfare require the
removal of poles, overhead wires and associated structures, 1}
to eliminate concentrations of overhead distribution
facilities, 2) to clear streets used extensively by the
general public, which carry a heavy volume of vehicular
traffic, and to clear streets which pass through a civic area,
and 3) to facilitate the underground installation of wires and
facilities for supplying electric, communication or similar or
associated service in the underground district described 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 Tustin, such area is hereby established as
Underground Utility District No. 13, Yorba Street.
II. The City Council hereby declares its intention to
order the conversion and does hereby order the conversion.
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III. The Council does hereby fix October 1, 1991 as the
date on which affected property owners, if any, must be ready
to receive underground service, and does hereby order the
removal of all poles, overhead wires and associated overhead
structures, and the underground installation of wires and
facilities for supplying electric, communication or similar or
associated service within Underground Utility District No.
13„ Yorba Street on or before November 1, 1991.
IV. The City Clerk is hereby instructed to notify all
affected utilities and all persons owning real property, if
any, within the Underground Utility District No. 13 Yorba
Street of the adoption of this ordinance within ten (10) days
after the date of such adoption. Said City Clerk shall
further notify said property owners, if any, of the necessity
that, if they or any person 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 ordinance provide all necessary facility
changes on their premises so as to receive such service for
the lines of the supplying utility or utilities at a new
location, subject to applicable rules, regulations and tariffs
of the respective utility or utilities on file with the Public
Utilities Commission of the State of California. Such
notification shall be made by mailing a copy of this ordinance
together with a copy of said Ordinance No. 411, together with
a statement that the City Engineer's Report containing details
of the district is available for inspection by the public in
the office of the City Clerk, to all affected property owners
as such are shown on the last equalized assessment roll and to
all utilities affected by this ordinance.
PASSED AND ADOPTED at a regular meeting of the City
Council held on the 6th day of May, 1991. ~~
~' , .
MAYOR
ATTEST:
C1T'TY CLERK
EXHIBIT "A"
LEGAL DESCRIPTION
OF
YORBA STREET UNDERGROUND UTILITY DISTRICT NO. 13
IN THE
CITY OF TUSTIN
All that land situated in the City of Tustin, County of Orange,
State of California, described as follows:
Beginning at the point of intersection of the centerlines of First
Street and Yorba Street, as shown on a parcel map filed in book 18,
page 20 of parcel maps, records of said Orange County;
Thence, northerly along said centerline of Yorba Street, a distance
of 50 feet more or less to the point of intersection with a line
parallel to, and distant 50.00 feet northerly of, as measured at
right angles to, said centerline of First Street, said point being
the true point of beginning;
Thence, westerly along said parallel line a distance of 40 feet
more or less to the point of intersection with the southerly
prolongation of the westerly right-of-way line of Yorba Street, as
shown on said parcel map filed in book 18, page 20, said westerly
right-of-way line being distant 40.00 feet westerly of, as measured
at right angles to, said centerline of Yorba Street;
Thence, northerly along said southerly prolongation and westerly
right-of-way line of Yorba Street a distance of 411.4 feet more or
less to the point of intersection with a line having a bearing and
distance of N.89 19' 43" W. 133.32 feet as shown on parcel map No.
87-412 filed in book 246, page 49 of parcel maps, records of said
Orange County;
Thence, westerly along the last mentioned line, a distance of 5
feet more or less to the point of intersection with a line parallel
to and 45 feet westerly of, as measured at right angles to, said
centerline of Yorba Street;
Thence, northerly along said parallel line, a distance of 125 feet
more or less to the point of intersection with the southerly line
of parcel 1 of previously mentioned Parcel Map No. 87-412;
Thence, easterly along said southerly line and its easterly
prolongation, a distance of 45 feet more or less to the point of
intersection with the centerline of Yorba Street;
Thence, northerly along said centerline of Yorba Street, a distance
of 96.6 feet more or less to the point of intersection with the
westerly prolongation of the northerly line of Lot 23 of Tract No.
396;
Thence, easterly along said westerly prolongation, a distance of 25
feet more or less to the point of intersection with the easterly
right-of-way line of Yorba Street, said right-of-way line being
distant 25.00 feet easterly of, as measured at right angles to,
said centerline of Yorba Street;
Thence, southerly along said easterly right-of-way line, a distance
of 100 feet more or less to the southwesterly corner of Lot 21 of
said Tract No. 396;
Thence, easterly along the southerly line of said Lot 21, a
distance of 20 feet more or less to the point of intersection with
a line parallel to, and distant 45.00 feet easterly of, as measured
at right angles to, said centerline of Yorba Street;
Thence, southerly along said parallel line a distance of 200 feet
more or less to the point of intersection with the southerly line
of lot 13 of said Tract No. 396;
-1-
LEGAL DESCRIPTION
OF
YORBA STREET UNDERGROUND UTILITY DISTRICT NO. 13
IN THE
CITY OF TUSTIN
Thence, westerly along said southerly line of lot 13, a distance of
5 feet more or less to the point of intersection with the easterly
right-of-way line of Yorba Street, said right-of-way line being
distant 40.00 feet easterly of, as measured at right angles to,
said centerline of Yorba Street;
Thence, southerly along said easterly right-of-way line of Yorba
Street, a distance of 100 feet, more or less to the point of
intersection with the northerly line of Lot 7 of said Tract No.
396;
Thence, westerly along said northerly line of Lot 7, a distance of
15 feet more or less to the point of intersection with the easterly
right-of-way line of Yorba Street, said easterly right-of-way line
being distant 25.00 feet easterly of, as measured at right angles
to, said centerline of Yorba Street;
Thence, southerly along said easterly right-of-way line of Yorba
Street, a distance of 50 feet more or less to the southwesterly
corner of said Lot 7;
Thence, easterly along the southerly line of said Lot 7, a distance
of 20 feet more or less to the point of intersection with a line
parallel to and distant 45.00 feet easterly of, as measured at
right angles to said centerline of Yorba Street;
Thence, southerly along said parallel line a distance of 183 feet
more or less to the point of intersection with a line parallel to
and distant 50.00 feet northerly, of as measured at right angles
to, the centerline of First Street;
Thence, westerly along said parallel line a distance of 45 feet
more or less to the true point of beginning.
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LEGEND EXH/Bl T "A '~
EXISTING RIGHT OF WAY LINE
UNDERGROUND UTILITY DISTRICT BOUNDARY
w SHEET NO~ I OF I
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
ORDINANCE NO. 1065
SS
Mary E. Wynn, City Clerk and ex-officio
the City of Tustin, California, does
number of the members of the City Coun
five; that the above and foregoing Ord
regularly read and introduced at a regul
held on the 15th day of April, 1991, an
and duly passed and adopted at a regular
May, 1991, by the following vote:
Clerk of the City Council of
hereby certify that the whole
cil of the City of Tustin is
finance No. 1065 was duly and
ar meeting of the City Council
d was given its second reading
meeting held on the 6th day of
COUNCILMEMBER AYES: Puckett, Pontious, Edgar, Potts, Prescott
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
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Mary E. Wynn, City,j,Clerk