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HomeMy WebLinkAboutORD FOR ADOPTION 10-16-89 (2)TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MARY E. WYNN, CITY CLERK SUBJECT: ORDINANCE NO. 1031 - ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 11v RED HILL AVENUE Recommendation: M. 0.: That Ordinance N©. 1031 have second reading by title only. M. 0.: That Ordinance No. 1031 be passed and adopted as follows: -- ORDINANCE NO. 1031 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 11, RED HILL AVE~3E, AND DECLARING ITS INTENTION TO ORDER THE CONVERSION (Roll Call Vote) Background: Ordinance No. 1031 had first reading and introduction at the City Council meeting of October 2, 1989. ORDINANCE NO. 1031 4 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 11, RED HILL AVENUE, AND DECLARING ITS INTENTION TO ORDER THE CONVERSION 7 WHEREAS, by Resolution No. 89-136 a public hearing was 8 called for October 2, 1989 at the hour of 7:00 p.m. in the Council Chambers of the City of Tustin, California, to ascertain 9 whether the public necessity, health, safety, .or wel fare requires the removal' of poles, overhead wires and associated 20 structures, and the underground installation of wires and facilities for supplying electrical, communication, or similar 2~ or associated service, within that certain area of the City of Tustin more particularly described in the legal description and 22 shown on a map marked Exhibit "A" attached hereto. WHEREAS, notice ~f such hearing has been given to all affected property owners, if any, as such are shown on the last .24 equalized assessment roll and to all utilities concerned in the manner and' time required by la%r~ and WHEREAS, such hearing has been duly and regularly held and 16 all persons interested have been given an opportunity to be heard. 17 NOW, THEREFORE, the Council of the City of Tustin does 18 hereby ordain: 19 I. The Council hereby finds and determines that the 20 public necessity, health, safety and welfare require the removal of poles, overhead wires and associated structures, 1) to 2~ eliminate concentra- tions of overhead distribution facilities, 2) to clear streets used extensively by the general public, 22 which carry a heavy volume of vehicular traffic, and to clear streets which pass through a civic area, and 3) to facilitate 23 the underground installation of wires and facilities for supplying electric, communication or similar or associated 24 service in the underground district described in Exhibit "A" attached hereto and made a part hereof by this reference, and 25 pursuant to the provisions of Ordinance No. 411 of the City of Tustin, such· area is hereby established as Underground Utility 26 District No. 11, Red Hill Avenue. 27 II. The City Council hereby declares its intention to order the conversion. 28 1 5 6 ? 9 10 11 12 14 15 16 17 -lg 19 20 21 22 23 2~ 25 26 2~ III. The Council does hereby fix June 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 under- ground installation of wires and facilities for supplying electric, communication or similar or associated service within Underground Utility District No. 11, Red Hill Avenue, on or before December 1, 1991. IV. The City Clerk is hereby instructed to notify all affected utilitise and all persons owning real property, if any, within Underground Utility District No. 11, Red Hill 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 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 ~ailing 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 day of , 1989. MAYOR ATTEST: CITY CLERK RED HI1 ~.' EXHIBIT "A" LEGAL DESCRIPTIO OF ~VENUE UNDERGROUND UTILITY DISTRICT NO. 11 IN THE CITY OF TUSTIN, CALIFORNIA Ail 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 Red Hill Avenue and Sycamore-Avenue; Thence, northwesterly along said centerline of Sycamore Avenue a distance of 150 feet; ' Thence', leaving said centerline' of Sycamore Avenue, northeasterly at right angles, a distance of 30 feet to the point of intersection with the northeasterly right-of-way line of Sycamore Avenue, as shown on a map of Tract No. 4887; Thence, southeasterly along said right-of-way line, a distance of 75 feet more or less to the beginning of a tangent curve concave northerly and having a radius of 25.00 feet; Thence, southerly and easterly along the arc of said curve through a central angle of 8~.57,41...an arc distance of 39.25 feet to the point of tangency with the existing northwesterly right-of-way line of Red Hill Avenue, being distant 50.00 feet northwesterly of, as measured at right angles from, the centerline of Red Hill Avenue; Thence, northeasterly along said right-of-way line and its northeasterly prolongation a distance of 1265 feet more or less to the point of intersection with the centerline of Walnut Avenue; ~ -- Thence, northwesterly, along said centerline of Walnut Avenue, a distance of 5 feet to the point of intersection with a line parallel to and 55.00 feet northwesterly of, asA°measured at right angles, from the centerline of Red Hill Avenue; Thence, northeasterly, along said parallel line, a distance of 580 feet; Thence, leaving said parallel line, southeasterly at right angles a distance of 105 feet more or less to the point of intersection with ~he southeasterly right-of-way line of Red Hill Avenue as shown on a map of Tract No. 6484, said right-of-way line .being distant 50.00 feet southeasterly., of, as measured at right angles from the centerline of Red Hill Avenue; ' Thence, southwesterly along said southeasterly right-of-way line, a distance of 205.8 feet more or less to the westerly corner of said Tract No. 6484; ~_ ?~ Thence, leaving said southeasterly right-of-way line, along the .,.? southwesterly boundary of said Tract No. 6484, a distance of 15 feet to · the point of intersection with a line parallel to and distant 65.00 feet southeasterly of, as measured at right angles from the centerline of Red Hill Avenue; , Thence, southwesterly along said parallel line, a'dis~ance of'374.7 feet more or less to the point of intersection with the centerline of Walnut Avenue; Thence, northwesterly along said centerline of Walnut Avenue, a distance of.15 ~feet more., or . less__Rto, the- point of intersection with the northeasterly prolongation of the southeasterly right-of-way line of Red Hill Avenue, being distant 50.00 southeasterly of, as measured at right angles from, the centerline of Red Hill Avenue; Thence, southwesterly along said northeasterly prolongation, the south- easterly right-of-way line of Red Hill Avenue and its southwesterly prolongation, a distance· of 1320.2 feet more or less to the point of ~intersection with the~centerline of "Sycamore Avenue;· , Thence, northwesterly along said centerline of Sycamore Avenue a distance of 50 feet more or less to the point of beginning. s I '%800 ' SO '~ L/AIO~t~GROLIAID LITILITYDISTRICT ~,~,'z~-R~,eo b,,4'z~ dT'/Z/TX D/.~T,P/CP' 4SOb'/Vz~vmp' _ ,b'A'/L'/~P/7' '~q"