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HomeMy WebLinkAbout9659 - Underground Utility District 7RESOLUTION NO. 9659 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 7 AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVER- HEAD STRUCTURES AND THE UNDERGROUND INSTALLA- TION OF WIRES AND FACILITIES FOR SUPPLYING ELECTRIC, COMMUNICATION OR SIMILAR OR ASSOCI- ATED 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 heath, safety or welfare require the removal of poles; overhead wires and associated overhead structures within designated areas of the City, and underground installation of wires and facilities for supplying electric, communication or similar services; and WHEREAS, on the day of 1979, the City Council took action to set a public hearing on the 23rd day of October, 1979, at 7:30 p.m. for the purpose of determining whether an underground utility district should be established within that certain territory referred to as Underground Utility District No. 7, which is hereinafter described; and WHEREAS, notices have been sent to all property owners within the territory proposed to be included within said under- ground utility district, in the manner prescribed by said Chapter 15.32 of the Newport Beach Municipal Code; and WHEREAS, after consideration of all protests to the formation of said Underground Utility District No. 7, 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 -1- Y telephone service and their installation underground within the following described area of the City of Newport Beach, County of Orange, State of California: That certain parcel of land in the City of Newport Beach, County of Orange, State of California described as follows: Beginning at the most southerly corner or Lot 9, Block A32 of the Corona del Mar Tract as shown on the map recorded in Book 3 pages 41 and 42 of Miscellaneous Maps, records of said County; thence northwesterly along the southwesterly line of Lots 9, 10, 11, 12.and 13 of said Blk. A32 to the most westerly corner of said lot 13; thence northeasterly along the northwesterly line of said lot 13 to the southwesterly right -of -way line of Way Lane; thence northwesterly along said southwesterly right -of -way line of Way Lane to the southeasterly right -of -way line of Dahlia Ave.; then northeasterly along said southeasterly right - of -way line of Dahlia Ave. to the northeasterly right -of -way line of Way Lane; thence southeast- erly along said northeasterly right -of -way line to a line parallel with and 90.00ft, northwesterly measured at right angles, from the northwesterly right -of -way line of Fernleaf Ave.; thence north- easterly along said parallel line to the southerly right -of -way line of Ocean Blvd.; thence south- easterly and southerly along said right -of -way line to a point being 160.00 £t. measured along said x right -of -way line from the most northerly corner of Block 033 of said Corona del Mar Tract; thence westerly in a direct line to the centerline of the right -of -way of Way Lane; thence southerly along said centerline to the southeasterly prolongation of the southwesterly line of Lot 4, Blk A33 of said Corona del Mar Tract; thence westerly along said southwesterly line of lot 4 to the most westerly corner of said lot; thence northwesterly in a direct line to the point of beginning._ 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; (2) The undergrounding will avoid or eliminate an unusually heavy concentration of overhead facilities and (3) 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 utility district, to be known as -2- v Underground Utility District No. 7, 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 April 23, 1980 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 15.32.080 of the Newport Beach Municipal Code. ADOPTED this 23rd day of October , 1979. ATTEST: T City Clerk M - ayor -3- HRC /ja 10/17/79