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Home My WebLink AboutCC RES 88-06RESOLUTION NO. 88-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 10, NEWPORT/MCFADDEN AVENUE, AND ORDERING THE CONVERSION. WHEREAS, by Resolution No. 88~34 a public hearing was called for 'April· 18, 1988, 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 resolve- ~8 1. The Council hereby finds and determines that the pl]]~lic ~9 necessity, health, safety and welfare require the remo\,al of poles, overhead wires and associated structures, 1) to eli]:~inate ~0 concentrations of overhead distributlon facilities, 2) to c].ear streets used extensively by the general public, which carry a ~! heavy volume of ve]~icular 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 distr,, ct ~3 described in Exhibit "A" attached hereto and made a part hereof by this reference, and pursuant to the provisions of Article 7, ~4 Chapter 5 of the Tustin City Code, such area is hereby established as Underground Utility District No. 10g Newpo~.'t ~5 Avenue between Walnut Avenue and the Santa Ana Freeway~ McFadden Avenue between Newport and Walnut Avenues. 2. The City Council hereby declares said designated area ~7 to be an Underground Utility Dis'trict and orders all overhead wires, poles and associated overhead structures to be removed ~8 and facilities installed underground. l0 ]4 20 27 3. The Council does hereby fix May 1, 1989, 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. 10, Newport/McFadden Avenue, .on or before May 1, 1989. 4. The City Clerk is hereby instructed to notify all affected utilities and all persons owning real property, if any, within Underground Utility District No. 10, Newport/McFadden Avenues, of the adoption of this resolution 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 resolution together with a copy of said Article 7, Chapter 5 of the Tustin City Code, 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 Resolution. PASSED AND ADOPTED at an adjourned regular meeting of the City Council held on the 5th day of July , 1988. ATTEST · LEGAL DESCRTPTION OF NEWPORT AVENUE/~FADDEN AVENUE UNDERGROUND UTILITY DiSTRiCT NO. 10 iN THE CZTY OF TUST[N, CALIFORNZA All that land in the Ctty of Tustin, County of Orange, State of California, described as follows: Beginning at a point on the centerltne of Newport Avenue, said point being 60 feet southwesterly along the centerltne of Newport Avenue from the point of intersection of satd centerltne with the centerline of Nalnut Avenue; Thence, southeasterly, at right angles to sa~d centerl~ne of Newport _Avenue, a dtstance of 50 feet to the point of intersection with tile southeasterly right-of-way 11ne of Newport Avenue; Thence, northeasterly, along said southeasterly right-of-way line and its northeasterly prolongation, a distance of 2,035.8 feet, more or less, to the point of Intersection with the centerllne of Ntsson Road: Thence, northwesterly, at right angles to said southeasterly right-of-way line, a distance of .100 feet to the point of intersection with the prolongation of the northwest right-of-way 11ne of Newport Avenue; Thence, southwesterly along said northwest right-of-way line, a distance of 1314 feet~ more or less, to an angle point; Thence, along a line bearing S 64° 39' 24" N, a dtstance of 53.4§ feet to the point of intersection with altne parallel to, and 50 feet northerly of, as measured at right angles from° the centerline of ~tcFadden Avenue: Thence, westerly along said parallel 11ne, a d~stance of 520 feet; Thence, southerly, at rtght angles to said parallel line, a dtstance of §0 feet to the potnt of Intersection wi th the centerline of PlcFadden Avenue; Thence westerly along said centerltne of I~cFadden Avenue, a distance of 212 feet, more or less; Thence, southerly at rtght angles to said centerline, a dtstance of 40 fe~t to the potnt of Intersection ~tth the southerly right-of-way 11ne of I~cFadden Avenue° Thence, easterly along said southerly right-of-way line of PlcFadden Avenue, a distance of 627.4 feet, more or less, to the beginnin§ of a tangent curve concave southwesterly, having a radtus of 27 feet; Thence, along the arc of said curve through a central angle of Z30° 20' 27" an arc distance of 61,42 feet, to a tangent point on the northwesterly right-of-way line of Newport Avenue. Thence, southwesterly along said northwest right-of-way 1the, a distance of 39§.8G feet to an angle point; Thence, westerly'along right-of-way line corner cut-off, a distance of 28.28 feet to the potnt of intersection with the northeasterly right-of-way line of Nalnut Avenue; Thence, northwesterly along said northeasterly right-of-way line at Nalnut Avnue, a dtstance of 75 feet; Thence, southwesterly at right angles to said northeasterly right-of-way line of Nalnut Avenue, a distance of 80 feet to the point of intersection with the southwest right-of-way 11ne of ~/alnut Avenue; Thence, southeasterly along satd southwest r~ght-of-way ltneo a distance of 75 feet to an angle point; ... Thence, southerly along right-of-way l the corner cut-off, a distance of 28.28 feet to the potnt of Intersection with the northwest right-of-way line of Newport Avenue; Thence, southeasterly at right angles to the prolongation to said northeast right-of-way line of Newport Avenue, a dtstance of 50 feet to the point of begtnntngo SHT.20F 2 NEWPORT/McPADDEN AVENUE UNDERGROUND UTILITY -DISTRICT NO. IQ,. (RULE 20A) SCALE: I" s 100, •� n v — _ 1314 '± -- -- -. - - e M2 :-n Z� P — NEWPORT �` AVE, O � -- -- oo —' — 2035.8'f — rn e ZZ 1 o t i c 75� 28.28' 50' i . 50' 1 � r 50' �B ii ST. SHT.2 OF 2 (RULE 20A) - S64 39'24'W 53.45' SCALE: I"z 100' ---13141___ ••. \. ? n AVE. _ Z i `r oz lu O 2035.8 ± 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, 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. 88-6 was duly and regularly introduced, passed and adopted at an adjourned regular~ meeting of the City Council held on the 5th day of July, ~1988, by the fol lowing vote' AYES · COUNCILPERSONS' Edgar, Kelly, Kennedy, Prescott NOES · COUNCILPERSONS' None ABSTAINED- COUNCILPERSONS' None ABSENT' COUNC ILPERSONS' Hoesterey