HomeMy WebLinkAbout85-41 - Underground Utilities District 11RESOLUTION NO. 35 -41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ESTABLISHING UNDERGROUND UTILITIES DISTRICT NO. 11 (ALONG
COAST HIGHWAY FROM NEWPORT BOULEVARD WESTERLY TO THE SANTA ANA
RIVER) AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES, AND
ASSOCIATED SERVICE WITHIN THAT AREA OF THE CITY LOCATED WITHIN
SAID DISTRICT
WHEREAS, Chapter 15.32, entitled "Underground Utilities ", of the
Newport Beach Municipal Code, authorizes the City Council to call public
hearings to ascertain whether the public health, safety or welfare requires the
removal of poles, overhead wires and associated overhead structures within
designated areas of the City, and underground installation of wires and facili-
ties for supplying electric, communication, or similar services; and
WHEREAS, on the 10th day of June, 1985, the City Council took action to
set a public hearing for the 24th day of June, 1985, at 7:30 P.M., for the pur-
pose of determining whether an underground utilities district should be
established within that certain territory referred to as Underground Utilities
District No. 11 (along Coast Highway from Newport Boulevard westerly to the Santa
Ana River) which is hereinafter described; and
WHEREAS, notices have been sent to all owners of property within the
territory proposed to be included within said underground utilities district, in
the manner prescribed by said Chapter 15.32 of the Newport Beach Municiapl Code;
and
WHEREAS, after consideration of all protests to the formation of said
Underground Utilities District No. 11, the City Council has determined that the
public health, safety and welfare require the formation of said District;
NOW, THEREFORE, the City Council hereby FINDS, DETERMINES AND ORDERS:
Section 1: The public necessity, health, safety and welfare require
the removal of poles, overhead wires and associated overhead structures used to
supply electric and telephone service and their installation underground within
the following described area of the City of Newport Beach:
•That parcel of land located in the City of Newport Beach, County of
Orange, State of California, described as a whole as follows:
Beginning at the most northerly corner of Block 14, Seashore Colony
Tract, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, Records
of said Orange County; said point of beginning is located in a line that is
parallel with and distant northeasterly 15 feet measured at right angles
from the northeasterly line of Coast Highway (shown as State Highway 101 -A
on a map recorded in Book 65, Pages 31 -36 inclusive, of Records of Survey in
the office of the Recorder of said County; thence southeasterly parallel to
said northeasterly line of Coast Highway and following the same through all
of its various curves and courses to a point in a line that bears North
19 049'41" West from the western terminus of the ordinary high tide line of
the Pacific Ocean in Newport Bay which ordinary high tide line is designated
as "North Line" (of the Santa Ana River) by a decree in Case No. 23686, of
the Superior Court of California, County of Orange, which is recorded in
Book 201, Page 253 of Official Records of said County; thence South
19 049'41" East to the northeasterly line of said Coast Highway; thence -
southeasterly thereon, and following the same through all of its various
curves and courses to the southwesterly prolongation of a line that is
parallel with and distant southwesterly 52.00 feet measured at right angles
from the southeasterly line of Tract 7817, as per map recorded in Book 308,
Page 34 of said Miscellaneous Maps; thence southwesterly along said last -
mentioned parallel line to a line that is parallel with and distant
northeasterly 20.00 feet measured at right angles from said northeasterly
line of Coast Highway; thence southeasterly along said last - mentioned
parallel line and following the same through all of its various curves and
courses to a point in the boundary line of that certain portion of land
annexed to the City of Newport Beach by Annexation No. 65 on July 23, 1969;
thence North 86 013'59" West along last - mentioned boundary line to an angle
point that is located North 86 °13'59" West 201.28 feet from the most
westerly corner of said Annexation No. 65; thence North 70 °47157" East
108.90 feet along the boundary line of said Annexation No. 65 to the
beginning of a non - tangent curve that is concave southeasterly and has a
radius of 450.00 feet; thence northeasterly along said non - tangent curve
along the boundary line of said Annexation No. 65 through a central angle of
18 °04'25 "; thence North 47 041129" East 110.55 feet; thence North 54 042'28"
East 123.87 feet; thence leaving the boundary line of said Annexation No.
65, North 54 042128" East 247.32 feet; thence North 21 054138" East 197.43
feet; thence North 12 °59'53" East 172.64 feet; thence North 23 047'57" East
45.00 feet to a point in a curve that is concave westerly and has a radius
of 1799.91 feet; said last - mentioned curve is also described as the westerly
line of State Highway Route 55 (formerly State Highway ORA- 43 -A); thence
northerly along said westerly line of Route 55 to the end of said last -
mentioned curve; thence North 9 013130" East along said westerly line of
Route 55 to the westerly prolongation of the northerly line of Lot 6, Tract
1136 as per map recorded in Book 37, Pages 18 and 19, of said Miscellaneous
Maps; thence easterly along said westerly prolongation to the northwesterly
corner of said Lot 6; thence southerly along the easterly line of Newport
Boulevard (shown as State Highway, 80 feet in width, on a map of said Tract
1136) to the intersection of the northwesterly line of Catalina Avenue, 50
feet in width (shown as Old County Road on map of said Tract 1136); thence
southwesterly in a direct line to the most westerly corner of Lot 20, Tract
444 as per map recorded in Book 19, Page 29 of said Miscellaneous Maps;
thence southerly along the easterly line of Newport Boulevard (shown as
County Highway, 60 feet in width, on said map of Tract 444), and following
the same through all of its various curves and courses to the northerly line
of said Coast Highway; thence southerly in a direct line to the intersection
of the southerly line of said Coast Highway with the easterly line of
Central Avenue (60 feet in width); thence continuing southerly along the
easterly line of said Central Avenue to said "North Line" of the Santa Ana
River, as per decree in said Superior Court Case 23686; thence westerly
thereon to the easterly line of said Route 55 (130 feet in width); thence
westerly thereon to the common corner of Sections 27, 28, 33, and 34,
Township 6 South, Range 1OW, San Bernardino Base and Meridian; thence
westerly in a direct line to the most easterly corner of Lot C, Tract 1011,
as per map recorded in Book 36, Page 40 of said Miscellaneous Maps, thence
North 38 030'30" a distance of 74.77 feet; thence North 68 °05'50" West 127.98
feet; thence North 79 038'15" West 172.64 feet to the beginning of a tangent
curve that is concave northeasterly and has a radius of 30.00 feet; thence
northerly along said curve through a central angle of 90 000'00 "; thence
North 10 °21'45" East a distance of 15.00 feet to the beginning of a non-
: tangent curve that is concave westerly and has a radius of 200.00 feet; a
line radial to said last - mentioned beginning of curve bears North 59 020'33"
East; thence westerly along said non - tangent curve through a central angle
of 44 °12136" to a tangent line; thence North 74 °52'03" a distance of 65.65
feet to the southerly line of said Coast Highway (100 feet in width); thence
westerly thereon to the northeasterly corner of Tract 7530 as per map
recorded in Book 297, Page 36 of said Miscellaneous Maps; thence southerly
along the easterly line of said Tract 7530 to a point in a line that is
parallel with and distant southerly 20 feet measured at right angles from
the southerly line of said Coast Highway (100 feet in width); thence west -
serly parallel with the southerly line of said Coast Highway, and following
the same through all of its various curves to a point in the northerly line
of Tract 3162 as per map recorded in Book 95, Page 18 of said Miscellaneous
Maps, said last- mentioned point is located in the southerly line of said
Coast Highway (100 feet in width); thence westerly along said southerly line
of Coast Highway, and following the same through all of its various curves
and courses to the northerly prolongation of the easterly line of Summit
Street (20 feet in width) as per map of Seashore Colony Tract recorded in
• Book 7, Page 25 of said Miscellaneous Maps; thence northerly in a direct
line to the point of beginning.
For reference, the boundary line of the land described above is shown
on City of Newport Beach Drawing No. M- 5248 -S, on file in the office of the
Public Works Director.
The City Council further finds that:
(1) The streets on which the work is to be performed are extensively
used by the general public and carry a heavy volume of pedestrian or vehicular
traffic; and
(2) The streets adjoin or pass through a public recreation area and an
area of unusual scenic interest to the general public.
Section 2: The above - described area is hereby declared to be an
underground utilities district, to be known as Underground Utilities District
No. 11, and the affected utility companies and property owners are ordered to
cause the required removal and underground installation work to be done.
Section 3: The date by which the required removal and underground
installation work is to be accomplished and by which the affected property
owners must be ready to receive underground service is December 31, 1987.
Section 4: The City Clerk is directed to notify all affected utility
companies and all persons owning property within said District of the adoption
of this resolution within ten (10) days after its effective date, in accordance
with Section 15.332.080 of the Newport Beach Municipal Code.
ADOPTED this 24th day of June 1985.
ayor
ATTEST:
City Clerk