HomeMy WebLinkAboutORD 1064 (1991) 2 ORDINANCE NO. 1064
3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
4 CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.
12, PROSPECT AVENUE, AND DECLARING ITS INTENTION TO ORDER
5 THE CONVERSION
WHEREAS, by Resolution No. 91-45 a public hearing was
7 called for April 15, 1991 at the hour of 7:00 p.m. in the
Council Chambers of the City of Tustin, California, to
8 ascertain whether the public necessity, health, safety, or
welfare requires the removal of poles, overhead wires and
9 associated structures, and the underground installation of
wires and facilities for supplying electrical, communication,
~O 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
~3 affected property owners, if any, as such are shown on the
last equalized assessment roll and to all utilities concerned
~4 in the manner and time required by law; and
~5 WHEREAS, such hearing has been duly and regularly held
and all persons interested have been given an opportunity to
~6 be heard.
~7 NOW, THEREFORE, the Council of the City of Tustin does
~8 hereby ordain:
I. The Council hereby finds and determines that the
~9 public necessity, health, safety and welfare require the
removal of poles, overhead wires and associated structures, 1)
20 to eliminate concentrations of overhead distribution
facilities, 2) to clear streets used extensively by the
2~ general public, which carry a heavy volume of vehicular
traffic, and to clear streets which pass through a civic area,
22 and 3) to facilitate the underground installation of wires and
facilities for supplying electric, communication or similar or
23 associated service in the underground district described in
Exhibit "A" attached hereto and made a part hereof by this
24 reference and pursuant to the provisions of Ordinance No. 411
of the City of Tustin, such area is hereby established as
25 Underground Utility District No. 12, Prospect Avenue.
26 II. The City Council hereby declares its intention to
order the conversion and does hereby order the conversion.
27
28
III. The Council does hereb9 fix May 1, 1992 as the date
on which affected property owners, if any, must be ready to
receive undergroundservice, 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. 12,
Prospect Avenue, on or before May 1, 1992.
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. 12, Prospect
Avenue, of the adoption of this ordinance within ten (10) days
after the date of such adoption. Said City Cle.rk 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 meetingof the
City Council held on the 6th day of May, 1991.
MAYOR
ATTEST:
C~ CLE~
LEGAL DESCRIPTION
PROSPECT AVENUE UNDERGROUND UTILITY DISTRICT 1J0~ 12
~ ~~
CITY ~ TIN
Thence, continuing northerly along said northerly prolongation and
westerly right-of-way line of Prospect Avenue, a distance of 161.9
feet more or less to the northeasterly corner of the Orange County
Flood Control District Easement as shown on said Tract No. 4170.
Thence, continuing northerly along said westerly right-of-way line
of Prospect Avenue, a distance of 18.16 feet to a point;
Thence, leaving said westerly right-of-way line of Prospect Avenue,
easterly at right angles, a distance of 80.00 feet to the point of
intersection with the easterly right-of-way line of Prospect Avenue
as shown on a map of Tract No. 7420;
Thence, southerly along said easterly right-of-way line of Prospect
Avenue, a distance of 30 feet more or less to the northwesterly
corner of the Orange County Flood Control District easement as
shown on said Tract No. 7420;
Thence, continuing southerly along said easterly right-of-way line
of Prospect Avenue and its southerly prolongation, a distance of
258.9 feet more or less to the point of intersection with the
centerline of Beneta Way as shown on said Tract No. 7420;
Thence, continuing southerly along said southerly prolongation,
said easterly right-of-way line of Prospect Avenue and its
southerly prolongation a distance of 1005.3 feet more or less to
the point of intersection with the centerline of Irvine Boulevard
as shown on said Tract No. 7420;
Thence, easterly along said centerline of Irvine Boulevard a
Distance of 33.70 feet to a point;
Thence, leaving said centerline of Irvine Boulevard, southerly at
right angles, a distance of 50.00 feet to the point of intersection
with the southerly right-of-way line of Irvine Boulevard as shown
on a parcel map filed in book 31 page 14 of parcel maps;
Thence, westerly along said southerly right-of-way line of Irvine
Boulevard a distance of 15 feet more or less to an angle point;
Thence, southwesterly along said southerly right-of-way line, a
distance of 28.65 feet to the point of intersection with the
easterly right-of-way line of Prospect Avenue as shown on said
parcel map filed in book 31, page 14;
Thence, southerly along said easterly right-of-way line of Prospect
Avenue and its southerly prolongation, a distance of 885.4 feet to
the point of intersection with the centerline of First Street, as
shown on said parcel map filed in book 31, page 14;
Thence, westerly along said centerline of First Street, a distance
of 40 feet more or less to the point of beginning.
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
ORDINANCE NO. 1064
SS
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 Ordinance No. 1064 was duly and
regularly read and introduced at a regular meeting of the City Council
held on the 15th day of April, 1991, and was given its second reading
and duly passed and adopted at a regular meeting held on the 6th day of
May, 1991, by the following vote:
COUNCILMEMBER AYES: Puckett, Pontious, Edgar, Potts, Prescott
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Mary E. Wy , City erk