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HomeMy WebLinkAbout8721 - Underground Utility District 4RESOLUTION NO. 8721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING UNDERGROUND UTILITY DISTRICT NO. 4 BY ANNEXING THERETO CERTAIN TERRITORY LOCATED ON THE NORTHERLY SIDE OF COAST HIGHWAY EASTERLY OF JAMBOREE ROAD TO EASTERLY OF MACARTHUR BOULEVARD AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES AND THE UNDER - GROUND INSTALLATION OF WIRES AND FACILITIES FOR SUPPLYING ELECTRIC, COMMUNICATION OR SIMILAR OR ASSOCIATED SERVICE WITHIN THAT AREA OF THE CITY LOCATED WITHIN SAID DISTRICT WHEREAS, Chapter 15.32 of the Newport Beach Municipal Code, entitled "Underground Utilities ", authorizes the City Council to hold public hearings to ascertain whether the public health, safety or welfare require the removal of poles, overhead wires and associated overhead structures within designated areas of the City, and underground installations of wires and facilities for supplying electric, communication, or similar services; and WHEREAS, on the 25th day of November, 1974, the City Council held a public hearing for the purpose of determining whether an underground utility district should be established within that certain territory referred to as Underground Utility District No. 4, which district was described by Resolution No. 8382 of the City Council adopted November 25, 1974; and WHEREAS, the City Council ordered the formation of Underground Utility District No. 4 on November 25, 1974 by the adoption of Resolution No. 8382; and WHEREAS, the City Council on February 17, 1976 set • a public hearing to be held on March 22, 1976, at 7:30 P.M. for the purpose of determining whether Underground Utility . District No. 4 should be amended by annexing thereto certain territory on the northerly side of Coast Highway, easterly of Jamboree Road to easterly of MacArthur Boulevard; and WHEREAS, notices have been sent to all property owners within the territory proposed to be annexed to said Underground Utility District No. 4 and notice has been posted and published in the manner set forth in Chapter 15.32 of • the Newport Beach Municipal Code; and • WHEREAS, after consideration of all protest to the annexation of said territory to Underground Utility District No. 4, the City Council has determined that public health, safety, and welfare require the amendment to said District by annexing thereto the territory described hereinafter; NOW, THEREFORE, the City Council hereby FINDS, DETERMINES AND ORDERS: SECTION 1. The public convenience, necessity, health, safety and welfare require the amendment to Underground Utility District No. 4 by annexing thereto certain territory located on the northerly side of Coast Highway, easterly of Jamboree Road to easterly of MacArthur Boulevard, the resulting amended Utility District No. 4, is described as follows: Those portions of Blocks 55, 93, and 94 of Irvine's Subdivision as per map recorded in Book 1, Page 88, of Miscellaneous Record Maps of Orange County, California, described as follows: Beginning at the intersection of the center line of Jamboree Road with the center line of East Coast Highway, as said intersection is shown on a map recorded in Book 12, Page 21 of Parcel Maps of said county; thence South 78 °33'07" East 365.23 feet along said center line of East Coast Highway to the True Point of Beginning; thence North 12 035139" East to a line that is parallel with and distant northeasterly 100.00 feet (measured at right angles) from said center line of East Coast Highway; thence southeasterly along said parallel line and following the same through all of its various curves and courses to the southeasterly line of Resubdivision No. 213, as recorded in Book 7815, Page 557 of Official • Records of said County; thence North 40 °32'33" East along said southeasterly line of Resubdivision No. 213 to a line that is parallel • with and distant northeasterly 150.00 feet -2, (measured at right angles) from the center line of said East Coast Highway; thence southeasterly parallel with the center line of said East Coast Highway to a line that is parallel with and distant northwesterly 430.00 feet (measured at right angles) from the center line of Newport Center Drive as per map of • Tract 6015 recorded in Book 239, Page 28 of Miscellaneous Maps, Records of said Orange County; thence North 40 032'33" East at right angles to said center line of East Coast Highway to a line that is parallel with and distant northeasterly 430.00 feet (measured at right angles) from the southwesterly line of said Block 93; thence southeasterly parallel with said southwesterly line of Block 93 a distance of 860.00 feet; thence South 40 032'33" West 330 feet; to a line that is parallel with and distant northeasterly 100.00 feet (measured at right angles) from said southwesterly line of Block 93; thence southeasterly along said last mentioned parallel line to the northwesterly line of MacArthur Boulevard (100 feet wide); thence southwesterly along said northwesterly line of MacArthur Boulevard to a line that is parallel with and distant northeasterly 50.00 feet (measured at right angles) from said south- westerly line of Block 93; thence southeasterly along said last mentioned parallel line to the southeasterly line of Block K, Tract 323, as per map recorded in Book 14, Page 40 of Miscellaneous Maps, Records of said Orange County; thence southwesterly along said southeasterly line of Block K and its southwesterly prolongation to the southwesterly line of said East Coast Highway; thence northwesterly along said southwesterly line of East Coast Highway and following the same through all of its various curves and courses to a line that bears North 12 035'39" East and that passes through the True Point of Beginning; thence North 12 035'39" East to the True Point of Beginning. SECTION 2. The public necessity, health, safety, and welfare require the removal of poles, overhead wires, and associated overhead structures used to supply electric, communication and other similar services in their installation underground within the area heretofore described. SECTION 3. The City Council further finds that: A. The streets on which the work is to be performed are extensively used by the general public and carry a heavy • volume of pedestrian and vehicular traffic; and • B. The streets adjoin or pass through a public recreation area and an area of unusual scenic interest to the general public. -3- • • • • SECTION 4. The above described area is hereby declared to be an underground utility district, to be known as Underground Utility District No. 4, and the affected utility companies and property owners are ordered to cause the required removal and underground installation work to be done. SECTION 5. 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 October 31, 1976. SECTION 6. 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 22nd day of March, 1976. ATTEST: ,&,- L,,, Acting City Clefh CERTIFIED S THE ORIGINAL HRC:yz � ..............._....... 3/12/76 ....................... . CITY CIERK OF THE CITY OF I NF T 6EACM DATEt -4-