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HomeMy WebLinkAboutORD 1065 (1991)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22'~ 23 24 25 26 27 28 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. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -2- ..~ IRVINE ~ --~-- - - t ~~ W N 40 , j , i 4S+ :; J L' i~ ~4~ ~--- BLVD. i i i 3 ~ ~ ~ ~ i~. ~ ~ t 2 5 ~~` i. t: ~' +i Y3 Z/ ~ 20 f ~~ -~ :;.; ,ti +i 0 0 ~ N :ti /3 S~ .~ ~c+ h ' B9'/9 43"W. '333 5 `± ?± +~ a ~~ 3 ~~. 40~ +~ ------- O /S t Q ~' 5o~t ~ ~ ?5 2O. t x --T. -,-- ' ~ ~ ~~ ~ 40-" ~'~ ~ ' '' M I '~r. ,~~' 'G ~ ~ ~ F~RSr ~ 4o~s. So f ~ x-45 ~ t o r, Too•s • `" STREET P, O. B. N r T n~ O O YO_.RBA STREET UNDERGRQ~INO tJT/L/TY ~D/STQ10T NO. :r 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 ~'~ . -, ~~?~1 «_. ~., ~- ~ ~ -~, ~,...~--- Mary E. Wynn, City,j,Clerk