HomeMy WebLinkAbout85-4 - Amending Ordinance No. 1891 to Extend the Area of a Non-Exclusive Franchise with Community Cablevision Company to Construct, Maintain and Operate a Community Antenna Television System Within the CityORDINANCE NO. 85 -4
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING ORDINANCE NO. 1891 TO EXTEND THE
• AREA OF A NON - EXCLUSIVE FRANCHISE WITH
COMMUNITY CABLEVISION COMPANY TO CONSTRUCT,
MAINTAIN AND OPERATE A COMMUNITY ANTENNA
TELEVISION SYSTEM WITHIN THE CITY
The City Council of the City of Newport Beach does
ordain as follows:
SECTION 1. Amendments.
Ordinance No. 1891, an ordinance of the City of Newport
Beach renewing a non - exclusive franchise with Community Cablevision
Company to construct, maintain, and operate a community antenna
television system within said city, adopted by the City Council on
the 23rd day of November, 1981, is amended so as to replace the
description of the franchise area appearing in Section 2 "Grant of
Franchise" of Ordinance No. 1891 with the description that is attached
hereto as Exhibit "A ".
• SECTION 2. Acceptance of Franchise.
This franchise shall not become effective, for any
purpose, unless and until written acceptance thereof shall have
been filed with the City Clerk; and such written acceptance shall
be in form and substance as shall be prescribed by the City Attorney
and shall be and operate as an acceptance of each and every term,
condition and limitation contained herein, or otherwise specified
by ordinance or resolution of the City Council. Said written
acceptance shall be filed by the Grantee not later than 12:01 P.M.
of the fifteenth (15th) day next following the date of the adoption
by the City Council of the ordinance; and, if the filing of such
written acceptance by any such Grantee shall not be received by
the City Clerk, then such Grantee shall have no rights, remedies
or redress in the premises, unless and until the City Council shall,
• by resolution, determine that such acceptance be received or filed,
and, then, upon such terms and conditions as the City Council may
impose.
SECTION 3. Acceptance Fee.
The Grantee shall, upon the acceptance of this
franchise, pay to the City of Newport Beach, in consideration of
the granting of this franchise, the sum of $1,000.00 as and for
• an Acceptance Fee.
•
SECTION 4. Effective Date.
This ordinance shall become effective 30 days from
and after the date of its adoption; provided, however, that the
franchise hereby granted shall not become effective unless and
until the Grantee files written acceptance thereof in the manner
specified in Section 2 of this ordinance and delivers such
acceptance in accordance with the requirements of Chapter 5.44
of Title 5 of the Newport Beach Municipal Code.
SECTION 5. Publication.
This ordinance shall be published once in the
official newspaper of the City.
This ordinance was introduced at a regular meeting_
of the City Council of the City of Newport Beach held on the
11th day of
25th day of
to wit:
ATTEST:
March , 1985, and was adopted on the
March , 1985, by the following vote,
CITY CLERK 1611
AYES, COUNCILMEMBERS: Agee Cox, Hart,
Heather, Maurer, Plummer, Strauss
NOES, COUNCILMEMBERS:
ABSEN'
2
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LEGAL DESCRIPTION FOR
COMMUNITY ANTENNA TELEVISION SYSTEM
FRANCHISE BOUNDARY
"Block 93 and that portion of Blocks, 50, 51, 52, 53, 54, 55,
56, 57, 58, 91, 91, 94, 96, 97, 98, and 129 of Irvine's
Subdivision in the CIty of Newport Beach, County of Orange,
State of California, as per map recorded in Book 1, Page 88 of
Miscellaneous Record Maps in the office of the County Recorder
of said County, described as follows ":
Beginning at the West corner of said Block 96; thence
Southeasterly along the Southwesterly line of said
Block 96 to the Easterly corner of Tract No. 673 as
per map recorded in Book 20, Pages 17 and 18 of
Miscellaneous Maps, said corner being also an angle
point in the boundary of the Harbor View Annexation to
the City of Newport Beach as established by City
Ordinance No. 896; thence Northeasterly along said
Annexation boundary the fol- lowing four courses, North
76011100" East 151.58 feet, North 43048150" East
103.15 feet, South 73015145" East 147.57 feet and
North 1046130" East 166.20 feet to an angle point at
the boundary of Annexation No. 57 to the City of
Newport Beach as established by Resolution No. 6203,
dated August 9, 1965, of the City of Newport Beach
• Council and amended by Resolution No. 6247, dated
November 8, 1965, said point being the Southwesterly
terminus of that certain course described therein as
"North 44056'20" East 114.30 feet "; thence generally
Northeasterly and Northwesterly, along said Annexation
No. 57 the following ten courses, North 44056120" East
114.30 feet, South 70033'35" East 145.88 feet, North
59041130" East 156.36 feet, South 28021105" East
133.00 feet, North 87026105" East 72.35 feet, North
89000100" East 660.00 feet, North 40000'00" East
1320.00 feet, North 24000100" East 1680.00 feet, EAST
1050.00 feet and North 7000'00" East 640.00 feet more
or less to a point on the Southwesterly line of said
Block 97; thence along said Southwesterly line North
49023'25" West 662.08 feet to a point in the boundary
line of Annexation No. 70, Harbor View Hills - Phase 3
Exhibit , p, - Page 1
Exhibit A - Page 2
to the City of Newport Beach as established by
Resolution No. 7311, dated July 8, 1970; thence along
the boundary line of said Annexation No. 70 the
following fourteen courses, Easterly along a non -
tangent curve concave Northerly having a radius of
1940.00 feet through a central angle of 2058125" an
arc distance of 100.68 feet, North 78018112" East
91.45 feet, Easterly along a tangent curve concave
Southerly having a radius of 2060.00 feet through a
central angle of 28032109" an arc distance of 1025.97
•
feet, South 73009'39" East 1316.69 feet, Easterly
along a tangent curve concave Northerly having a
radius of 1940.00 feet through a central angle of
14024'32" an arc distance of 487.88 feet, South
87034111" East 626.85 feet, North 13030'09" West
2148.40 feet, South 76029151" West 289.80 feet, North
21042129" West 1261.95 feet, North 11055107" West
448.09 feet, North 22017'55" West 454.58 feet, North
50046105" West 77.21 feet, North 15018'07" West 276.97
feet, and North 40011136" West 283.12 feet to a point
on the boundary line of Tract No. 9858 as per map
filed in Book 436, pages 1 through 7, inclusive, of
Miscellaneous Maps, records of said County; thence
along the boundary line of said Tract No. 9858 the
following thirteen courses, North 24046'08" East 20
feet, South 65013'52" East 25.00 feet, North 32053'06"
East 69.81 feet, North 1009'18" East 27.54 feet, North
89059143" East 56.00 feet, NORTH 175.00 feet, North
57050147" East 45.91 feet, North 11030'17" East 115.32
feet, North 29020116" East 157.16 feet, North
64003128" East 41.15 feet, North 20033122" West 119.62
feet, NORTH 70.00 feet and North 58005'06" West 76.64
feet to a point on the boundary line of said
Annexation No. 70; thence along the boundary line of
said Annexation No. 70 the following six courses,
North 46054132" East 323.01 feet, North 10004'21" West
719.15 feet, North 39053152" West 397.56 feet, North
•
8032157" West 773.60 feet, North 34043144" West 535.70
feet and North 11058134" West 332.31 feet to a point
on the centerline of FORD ROAD, said point being in a
curve concave Northerly having a radius of 2000.00
feet, a radial line to said point bears South
48010'17" East; thence Westerly along said curve and
along said centerline the following four courses
through a central angle of 71012134" an arc distance
of 2485.68 feet, North 66057'43" West 134.74 feet,
Westerly along a tangent curve concave Southerly
having a radius of 4000.00 feet through a central
angle of 16028153" an arc distance of 1150.62 feet and
North 83026131" West 277.31 feet to a point on the
boundary line of Annexation No. 72 to the City of
Newport Beach as established by Resolution No. 7245
dated May 11, 1970; thence along the boundary line of
said Annexation No. 72 the following seventeen
courses, North 6033'29" East 2.00 feet, Easterly along
Exhibit A - Page 2
a non - tangent curve concave Northerly having a radius
of 190.00 feet through a central angle of 35044'36" an
arc distance of 118.53 feet, North 47041155" West
65.37 feet, Northwesterly along a non - tangent curve
concave Southwesterly havingo a radius of 210.00 feet
through a central angle of 6%20'46" an arc distance of
23.26 feet, Westerly along a non - tangent compound
curve concave Southerly having a radius of 1246.00
feet through a central angle of 0050'03" an arc
• distance of 18.14 feet, North 13005115" East 6.97
feet, Northwesterly along a non - tangent curve concave
Northeasterly having a radius of 450.00 feet through a
central angle of 19052'44" an arc distance of 156.13
feet, North 37033'55" West 149.13 feet, Northwesterly
along a tangent curve concave Southwesterly having a
radius of 210.00 feet through a central angle of
20020'00" an arc distance of 74.53 feet, North
57053155" West 49.14 feet, Northwesterly along a
tangent curve concave Northeasterly having a radius of
190.00 feet through a central angle of 20020100" an
arc distance of 67.43 feet, North 37033155" West
133.03 feet, Northwesterly along a tangent curve
concave Southwesterly having a radius of 130.00 feet
through a central angle of 64014'00" an arc distance
of 145.74 feet, South 78012105" West 9.81 feet and
Northeasterly along a tangent curve concave
Northeasterly having a radius of 25.00 feet through a
central angle of 90000'00" an arc distance of 39.27
feet to a point on the Easterly line of MacArthur
Boulevard; thence along said Easterly line and along
said Annexation No. 72 South 12036130" east 96.15 feet
to a point on the Northwesterly line of said Block 92;
thence along said Northwesterly line South 40036154"
West 126.18 feet to a point on the Westerly line of
said MacArthur Boulevard; thence along the Westerly
line of said MacArthur Boulevard the following
thirteen courses North 12036130" West 665.20 feet,
• Northerly along a tangent curve concave Easterly
having a radius of 2050.00 feet through a central
angle of 20002'45" an arc distance of 717.23 feet,
North 7026'15" East 817.64 feet, Northerly along a
tangent curve concave Easterly having a radius of
2050.00 feet through a central angle of 350.49 feet,
North 17014100" East 276.77 feet, Northerly along,a
tangent curve concave Westerly having a radius of
1950.0 feet through a central angle of 11030100" an
arc distance of 391.39 feet, North 5044'00" East
855.16 feet, Northerly along a tangent curve concave
Westerly having a radius of 3950.00 feet through a
central angle of 4048155" an arc distance of 331.97
feet, North 0055105" East 3206.98 feet, Northerly
along a tangent curve concave Westerly having a radius
of 2950.00 feet through a central angle of 8043115" an
arc distance of 449.01 feet, North 7048110" West
1403.77 feet, South 82011150" West 5.00 feet and North
Exhibit A - Page 3
Exhibit A - Page 4
7048'10" West 950.00 feet more or less to a point on
the centerline of Jamboree Road, being also a point on
the boundary line of Annexation No. 73, THE COLLINS
ANNEXATION, to the City of Newport Beach as
established by Ordinance No. 1363, dated May 20, 1970;
thence along said centerline and along said Annexation
No. 73, North 40038'26" East 4116.13 feet to a point
on the centerline of Campus Drive; thence along the
centerline of said Campus Drive and along the boundary
line of said Annexation No. 73 and along the boundary
•
line of Annexation No. 39, Acacia Street Annexation to
the City of Newport Beach as established by Ordinance
No. 837, and along the boundary line of Annexation No.
71 to the City of Newport Beach as established by
Ordinance No. 1366, dated May 27, 1970 the following
three courses, North 49019'34" West 2789.85 feet,
Westerly along a tangent curve concave Southerly
having a radius of 1200.00 feet through a central
angle of 90001110" an arc distance of 1885.36 feet and
South 40039116" West 5401.55 feet to the most Westerly
corner of said Annexation No. 71; thence continuing
along said Annexation No. 71 the following two
courses, South 49020144" East 330.00 feet and North
40039'16" East 1320.00 feet to a point on the
Southwesterly line of said Block 50; thence along said
Southwesterly line South 49020'44" East 3600.26 feet
to a point on the Westerly line of said Jamboree Road;
thence along said Westerly line the following twelve
courses, South 39043150" West 112.69 feet, Southerly
along a tangent curve concave Easterly having a radius
of 1666.00 feet through a central angle of 46056149"
an arc distance of 1365.09 feet, South 7012'59" East
465.86 feet, Southerly along a tangent curve concave
Westerly having a radius of 2334.00 feet through a
central angle of 14038'17" an arc distance of 596.30
feet, South 82034142" East 16.00 feet, South 7025'18"
•
West 1240.00 feet, Southerly along a tangent curve
concave Westerly having a radius of 1150.00 feet
through a central angle of 16014153" an arc distance
of 326.12 feet, South 23040'11" West 4511.14 feet,
Southwesterly along a tangent curve concave
Northwesterly having a radius of 1150.00 feet through
a central angle of 26034154" an arc distance of 579.92
feet, South 50015'08" West 266.23 feet, Southwesterly
along a tangent curve concave Southeasterly having a
radius of 1250.00 feet through a central angle of
23050133" an arc distance of 520.16 feet and South
26024'35" West 580.00 feet; thence Westerly in a
direct line to a point on the court decree line, as
said decree line is described in Superior Court Case
No. 20436 recorded in Book 19, page 309, of
Judgements, Records of said Orange County, said point
being North 5013115" West 550.00 feet along said
decree line from station 44 of said decree line;
thence along said decree line the following thirty -six
Exhibit A - Page 4
courses, South 5013'15" West 550.00 feet, South
49020145" West 138.90 feet, South 25039100" East 58.71
feet, South 51031115" East 237.52 feet, South
60047100" East 235.88 feet, South 42040'45" East
207.71 feet, South 22024'00" East 367.36 feet, South
0036'00" West 290.60 feet, South 18046130" West 315.70
feet, South 37055130" West 246.25 feet, South
36030100" West 263.35 feet, South 34048'00" West
640.10 feet, South 70046100" West 322.80 feet, North
• 75015100" West 174.90 feet, North 89021'00" West
154.00 feet, South 57053100" West 86.10 feet, South
19030100" 284.00 feet, South 45001100" West 467.80
feet, South 12045'00" West 244.00 feet, South 0021100"
East 70.70 feet, South 25009'00" East 428.05 feet,
South 6010'30" East 308.85 feet, South 26022'30" West
589.78 feet, South 6034'00" West 838.70 feet, South
49019'30" West 535.75 feet, South 71017'30" West
357.80 feet, North 86026'00" West 528.65 feet, North
62030'00" West 603.30 feet, North 23026130" West
1040.00 feet, North 21013'30" East 1020.00 feet, North
79045130" West 861.71 feet, North 86047'00' West
482.62 feet, South 45033'00" West 231.40 feet, South
34027130" West 468.00 feet, South 25022'30" West
710.80 feet and South 24056'00" West 394.15 feet to a
point on the centerline of Pacific Coast Highway;
thence along said centerline the following two
courses, North 88012'35" East 639.13 feet and Easterly
along a tangent curve concave Southerly having a
radius of 2000.00 feet through a central angle of
10036'20" an arc distance of 370.20 feet to a point on
the Northwesterly prolongation of the Southwesterly
line of Bayside Drive; thence along said prolongation
and along the Southwesterly and Southerly line said
Bayside Drive the following eleven courses, South
24 19156" East 777.47 feet, Southeasterly along a
tangent curve concave Northeasterly having a radius of
834.00 feet through a central angle of 16056'45" an
• arc distance of 246.66 feet, South 48043119" West 7.00
feet, South 41016141" East 321.67 feet, Southeasterly
along a tangent curve concave Northeasterly having a
radius of 843.00 feet through a central angle of
15022'31" an arc distance of 226.22 feet, South
56039'12" East 411.37 feet, Southeasterly along a
tangent curve concave Northeasterly having a radius of
843.00 feet through a central angle of 28012114" an
arc distance of 414.97 feet, South 84051126" East
100.00 feet, Easterly along a tangent curve concave
Southerly having a radius of 757.00 feet through a
central angle of 34057145" an arc distance of 461.93
feet, South 49053'41" East 117.34 feet, Southeasterly
along a tangent curve concave Northeasterly having a
radius of 855.00 feet through a central angle of
26034154" an arc distance of 396.67 feet to a point on
the Northerly prolongation of the Westerly line of Lot
2 of Tract No. 8073 as per map filed in Book 327,
Exhibit A - Page 5
pages 8 and 9 of Miscellaneous Maps, Records of said
Orange County; thence along said prolongation and said
Westerly line and its Southerly prolongation SOUTH
391.52 feet to a point on a line parallel with and
60.00 feet Southerly measured at right angles from the
U.S. Bulkhead line between station 101 and station
200, as said Bulkhead line is shown on a map titled
"Harbor Lines, Newport Bay Harbor California" on file
in the office of the U.S. Engineer; thence along said
• parallel line to said Bulkhead Line the following
seven courses, EAST 1290.83 feet, South 55000'00" East
561.78 feet, South 30000100" East 978.13 feet, South
17030'00" East 744.55 feet, South 10006'33" East
233.20 feet, South 17030'00" East 414.29 feet and
South 47045100" East 50.00 feet more or less to a
point on Southwesterly prolongation of the
Northwesterly line of Lot 1 of Tract No. 2094 as per
map filed in Book 57, page 50 of Miscellaneous Maps;
thence along said prolongation, and along said
Northwesterly line and its Northeasterly prolongation
North 43009100" East 503.00 feet more or less to a
point on the Northeasterly line of said Bayside Drive;
thence along said Northeasterly line the following
thirteen courses, North 46051100" West 321.49 feet,
Northwesterly along a tangent curve concave
Northeasterly having a radius of 255.00 feet through a
central angle of 54054'28" an arc distance of 244.37
feet, North 8001140" East 272.86 feet, Northwesterly
along a tangent curve concave Southwesterly having a
radius of 445.00 feet through a central angle of
36044100" an arc distance of 285.30 feet, North
28042'20" West 195.14 feet, Northwesterly along a
tangent curve concave Southwesterly having a radius of
1045.00 feet through a central angle of 11023'10" an
arc distance of 207.67 feet, North 40005130" West
648.96 feet, Northwesterly along a tangent curve
concave Southwesterly having a radius of 5045.00 feet
• through a central angle of 3005'00" an arc distance of
271.49 feet, North 43010'30" West 130.60 feet,
Northwesterly along a tangent curve concave
Southwesterly having a radius of 1045.00 feet through
a central angle of 19059'30" an arc distance of 364.62
feet, North 63010100" West 320.97 feet, Northwesterly
along a tangent curve concave Southwesterly having a
radius of 745.00 feet through a central angle of
15014116" an arc distrance of 198.13 and Northwesterly
along a tangent reverse curve concave Northeasterly
having a radius of 330.00 feet through a central angle
of 7028118" an arc distance of 43.03 feet to a point
on the Northeasterly line of said Jamboree Road,
thence along said Northeasterly line the following
four courses, Northwesterly along a tangent compound
curve concave Northeasterly having a radius of 211.46
feet through a central angle of 18031'33" an arc
distance of 68.37 feet, North 52007'05" West 225.11
Exhibit A - Page 6
feet, Northwesterly along a tangent curve concave
Northeasterly having a radius of 360.00 feet through a
central angle of 63039130" an arc distance of 399.95
feet and North 1102725" East 211.08 feet to a point
on the centerline of said Pacific Coast Highway;
thence along said centerline South 7803235" East
1375.97 feet to the beginning of a tangent curve
concave Southwesterly having a radius of 2,000 feet;
thence Southeasterly along said curve through a
• central angle of 28010'00" an arc distance of 983.20
feet to a point on the Southwesterly line of said
Block 55; thence Southeasterly along the Southwesterly
line of said Blocks 55 and 93 to the point of
beginning.
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Exhibit A - Page 7