HomeMy WebLinkAboutORD 0972 (1986)1
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ORDINANCE N0. 972
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND
UTILITY DISTRICT NO. 7, NEWPORT AVENUE, AND
DECLARING ITS INTENTION TO ORDER THE CONVERSION
WHEREAS, by Resolution No. 86-59 a public hearing was called for June 2,
1986, 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 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. 7, Newport Avenue.
II. The City Council hereby declares its intention to order the
conversion.
III. The Council does hereby fix June 16, 1987, 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. 7, Newport Avenue, on or before June 16, 1987.
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IV. The City Clerk is hereby instructed to notify all affected utilities
and all persons owning real property, if any, within Underground Utility
District No. 7, Newport Avenue, 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 from 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
16th day of June _,~ 1986.
7
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CITY CL K
Publish in Tustin News: June 12, 1986
June 26, 1986
LEGAL DESCRIPTION EXHIBIT "A"
NEWPORT AVENUE UNDERGROUND UTILITY DISTRICT N0. 7
CITY OF TUSTIN, CALIFORNIA
All that land in the City of Tustin, County of Orange, State of California,
described as follows:
Beginning at the point of intersection of the centerlines of Newport Avenue
and Bryan Avenue;
Thence, northeasterly along said centerline of Newport Avenue a distance of
325.00 feet to a point; said point being the true point of beginning;
Thence, leaving said centerline of Newport Avenue, northwesterly at right
angles a distance of 62.00 feet to the point of intersection with a line parallel
to and 62.00 feet northwesterly of, as measured at right angles from, said
centerline of Newport Avenue, said point also being a point on the existing
northwesterly right-of-way line of Newport Avenue;
Thence, northeasterly along said parallel line and northwesterly right-of-way
line, a distance of 1,502 feet more or less to an angle point in said
northwesterly right-of-way line;
Thence, leaving said parallel line, continuing northeasterly along said
northwesterly right-of-way line a distance of 195 feet more or less to the point
of intersection with the southerly right-of-way line of Irvine Boulevard, said
southerly right-of-way line being 50.00 feet southerly of, as measured at right
angles from, the centerline of Irvine Boulevard;
Thence, leaving~~said right-of-way lines, continuing northeasterly a distance
of 115 feet more or less to the southeasterly corner of Tract No. 8475;
Thence, northeasterly along the easterly boundary of said Tract No. 8475, a
distance of 579.8 feet more or less to the point of intersection with the
southerly line of Lot 10 of the Vanderlip and Rowen tract;
Thence, easterly along said southerly line of Lot 10 and the southerly line
of Lot 11 of said Vanderlip and Rowen tract, a distance of 532 feet more or less
to the point of intersection with the northwesterly right-of-way line of Newport
Avenue, said right-of-way line being 50.00 feet northwesterly of, as measured at
right angles from, the centerline of Newport Avenue;
Thence, northeasterly along said northwesterly right-of-way line a distance
of 345 feet more or less to' a point;
Thence, leaving said northwesterly right-of-way line, southeasterly at right
angles, a distance of 100.00 feet to the point of intersection with the
southeasterly right-of-way line of said Newport Avenue; said southeasterly
right-of-way line being parallel to and 50.00 feet, as measured at right angles
from, the centerline of Newport Avenue;
Thence, southwesterly along said southeasterly right-of-way line, a distance
of 549.3 feet more or less to an angle point;
Thence, continuing along said southeasterly right-of-way line, southeasterly
a distance of 28.3 feet more or less to the point of intersection with the
northeasterly right-of-way line of Old Irvine Boulevard; said northeasterly
right-of-way line being parallel to and 40.00 feet northeasterly of, as measured
at right angles from, the centerline of Old Irvine Boulevard;
Thence, leaving said southeasterly right-of-way line of Newport Avenue,
southwesterly at right angles to said northeasterly right-of-way line of Old
Irvine Boulevard a distance of 100.0 feet more or less to an angle point in the
existing southeasterly right-of-way line of Newport Avenue;
Thence, northwesterly along said southeasterly right-of-way line of Newport
Avenue a distance of 22.4 feet more or less to an angle point in said
southeasterly right-of-way line of Newport Avenue, said angle point being a point
on a line parallel to and 50.00 feet, as measured at right angles from, the
centerline of Newport Avenue;
Thence, southwesterly along said southeasterly right-of-way line of Newport
Avenue and said parallel line, a distance of 322.8 feet more or less to the
beginning of a tangent curve concave southeasterly and having a radius of 1,150.00
feet;
Thence, southwesterly along the arc of said curve, through a central angle of
09°22'00" an arc distance of 188.00 feet to the beginning of a tangent reverse
curve concave northwesterly and having a radius of 1,250.00 feet;
Thence, southwesterly along the arc of said curve, through a central angle of
09°22'00" an arc distance of 204.35 feet to a tangent line which is parallel to
and 50.00 feet southeasterly of, as measured at right angles from, the centerline
of Newport Avenue;
Thence, continuing along said parallel line and said southeasterly
right-of-way line of Newport Avenue, southwesterly a distance of 843.7 feet more
or less to the northerly corner of Parcel 1 as shown on a map filed in Book 30,
Page 13 of Parcel Maps, records of said Orange County;
Thence, leaving said parallel line and said southeasterly right-of-way line,
southeasterly along the northeasterly line of said Parcel 1, a distance of 180.00
feet to a point, said point being distant northwesterly 100.00 feet from the
easterly corner of said Pacel 1;
Thence, southwesterly along a line parallel to and distant 100.00 feet
northwesterly of, as measured at right angles from the southeasterly line of said
Parcel 1, a distance of 148.16 feet to a point on a non-tangent curve concave
northeasterly and having a radius of 1,152.68 feet, said point also being a point
on the existing northeasterly right-of-way line of First Street (80 feet wide);
Thence, northwesterly along the arc of said curve and said northeasterly
right-of-way line through a central angle of 04°30'14" an arc distance of 90.61
feet to the beginning of a tangent line;
Thence, northwesterly along said tangent line and said northeasterly
right-of-way line and its northwesterly prolongation a distance of 39.5 feet more
or less to the point of intersection with a line parallel to and distant 50.00
feet southeasterly of, as measured at right angles from, the centerline of Newport
Avenue, said parallel line being the northeasterly prolongation of the
southeasterly right-of-way line of said Newport Avenue;
Thence, southwesterly along said parallel line and southeasterly right-of-way
line a distance of 543.7 feet more or less to a point;
Thence, northwesterly at right angles to said parallel line and southeasterly
right-of-way line of Newport Avenue a distance of 50.00 feet to the true point of
beginning.
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EXHIBIT A
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NEWPORT AVENUE UNDERGROUND
UTILITY DISTRICT N0.7
EXHIBIT A
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, Cal i forni a, does hereby certify that the whol a number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 972 was duly and regularly introduced and read at a regular meeting
of the City Council held on the 2nd day of June, 1986, and was given its second
reading and duly passed and adopted at a regular meeting held on the 16th day of
June, 1986, by the following vote:
AYES COUNCILPERSONS: Edgar, Hoesterey, Kelly, Kennedy, Saltarelli
NOES COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
1r~ ~, ~
MARY E. WYNN ity Clerk
City of Tusti California
Published Summary: June 12, 1986
June 26, 1986