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HomeMy WebLinkAboutORD 1031 (1989) ORDINANCE NO. 1031 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 WHEREAS, by Resolution No. 89-136 a public hearing was 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 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 concentra- tions 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. 11, Red Hill Avenue. II. The City Council hereby declares its intention to order the conversion. 1 III. The Council does hereby fix June 1, 1991 as the date on which affected property owners, if any, must be ready to 3 receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures, 4 and the under- ground installation of wires and facilities for supplying electric, communication or similar or associated 5 service within Underground Utility District No. 11, Red Hill 6 Avenue, on or before December 1, 1991. IV. The City Clerk is hereby instructed to notify all 7 affected utilitise and all persons owning real property, if any, 8 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 9 said property owners, if any, of the necessity that, if they or any person occupying such property desire to continue to receive 10 electric, communication, or other similar or associated service, they or such occupant shall, by the date fixed in this 1] ordinance, provide all necessary facility changes on their premises so as to receive such service from the lines of the 12 supplying utility or utilities at a new location, subject to applicable subject to applicable rules, regulations and tariffs 13 of the respective utility or utilities on file with the Public Utilities Commission of the State of California. Such 14 notification shall be made by mailing a copy of this ordinance 15 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 16 office of the City Clerk, to all affected property owners.. as such are shown on the last equalized assessment roll and to all ]7 utilities affected by this ordinance. PASSED AND ADOPTED at a regular'meeting of the City Council ]9 held on the 16th day of 0ctober , 1989. 20 ~ ~/~,,~ 21 ~4_~.ff~. c'd' MAYOR 22 ATTEST: 23 CITY CI~_,~K 25 26 PUBLISH TUSTIN NEWS: 27 OCTOBER 26, 1989 28 LEGAL DESCRIPTION OF EXHIBIT "A" RED HILL AVENUE UNDERGROUND UTILITY DISTRICT NO. 11 IN THE 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 Red Hill Avenue and Sycamore Avenue; Thence, northwesterly along said centerline of Sycamore Avenue, a distance of 150 feAt; 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 89°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, as 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 the 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 distance 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--- to- 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. :.~ . :;~ !; _. 5o CoPPE.PF/ELD OR. ~ /5 ~a ,, 0 h so ~o ~ 5' ;N S. ~ ~ ^ /~~-ZOO~ i lLNUT ~ ~$ AYE. -• ~ _ •~ - 5' / 't 1 1 I 1 ~ N N '-- ~ ~ i ~ I1 ~ vV :~~Y • ~ ~ i i ,P=15' I L =99.25' ~ ~` 75'* ,r,e/w S~ YI.oMO.PE AYE. 30' _ /SD' So'~. ~~B ~E'o .~r« ,Q vEivuE' !/iyoE-,p~,Q~avo aTr1irr,oisT~PicT 1 fGEil/O i D // - •' ~- EX/ST/NG R/6//T- oF- DY.9y L/.YE ------- UNoE.PG.POVNO UTiL/ry p/sT.Pi['TBOarvaq.Py _EX.S~/B/T 'iA" STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 Ordinance No. 1031 was duly and regularly introduced and read at a regular meeting of the City Council held on the 2nd day of October, 1989, and was given its second reading and duly passed and adopted at a regular meeting held on the 16th day of October, 1989, by the following vote: AYES COUNCILPERSONS: Kennedy, Edgar, Kelly, Hoesterey, Prescott NOES COUNCILPERSONS: None ABSTAINED: COUNCILPERSONS: None ABSENT: COUNCILPERSONS: None ~~t c ,,~~,µ,~--- MARY E. NN, CIT CLERK