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HomeMy WebLinkAbout84-80 - Underground Utility District 10RESOLUTION NO. 84 -80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 10 AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCI- ATED OVERHEAD STRUCTURES AND THE UNDERGROUND 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 entitled "Underground Utilities" of the Newport Beach Municipal Code authorizes the City Council to call public hear- ings 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 installation of wires and facilities for supplying electric, communication or similar services; and WHEREAS, on the 9th day of July, 1984, the City Council took action to set a public hearing on the 23rd day of July, 1984, at 7:30 p.m. for the purpose of determining whether an underground utility district should be es- tablished within that certain territory referred to as Underground Utility District No. 10, which is hereinafter described; and WHEREAS, notices have been sent to all property owners within the territory proposed to be included within said underground 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. 10, 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, County of Orange, State of California: 1 of 3 That portion of land in the City of Newport Beach, County of Orange, State of California, described as a whole as follows: Beginning at the southwest corner of Lot 12, Block 25, East Side Addition to the Balboa Tract, as per map recorded in Book 4, Page 20, of Miscellaneous Maps, Records of said Orange County; thence northerly along the easterly line of H Street (30 feet wide, as shown on said map) to the southerly line of Bay Avenue (30 feet wide as shown on said map); thence easterly along said southerly line of Bay Avenue to the northeasterly corner of Lot 2, Block 26, of said East Side Addition to the Balboa Tract; thence southerly along the easterly line of said Lot 2 and the southerly prolongation of said easterly line of Lot 2 to the southerly line of Parcel 1 as per parcel map recorded in Book 48, Page 6, of Parcel Maps of said County; thence easterly along the southerly line of said Parcel 1 to the southeasterly corner of said Parcel 1; thence southerly at right angles to said southerly line of Parcel 1 to the northerly line of Lot 27, Block L, Tract 518, as per map recorded in Book 17, Page 35, of Miscellaneous Maps, Records of said Orange County; thence westerly, southwesterly, southerly, and southeasterly along the boundary line of said Block L, and following the same through all of its various curves and courses to the northeasterly corner of Lot 1, said Block L; thence west- erly along the westerly prolongation of the northerly line of said last- mentioned Lot 1 to the center line of I Street as said center line is shown on said map of Tract 518; thence northwesterly along said center line of I Street to the center line of Balboa Boulevard (70 feet wide, shown as Central Avenue on said map of Tract 518); thence westerly thereon to the southerly prolongation of the westerly line of said Lot 12, Block 25, East Side Addition to Balboa; thence northerly thereon to the point of beginning. For reference, the land included within the boundaries of Under- ground Utilities District No. 10 are shown on City of Newport Beach Drawing No. R /W- 5484 -L, revised July 13, 1984, a copy of which is on file in the office of the City Clerk. The City Council further finds that: (1) The streets on which the work is to be performed are exten- sively 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 Underground Utilities District No. 10, and the affected utility companies and property owners are ordered to cause the required removal and underground installation work to be done. 2of3 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, 1984. 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 accor- dance with Section 15.32.080 of the Newport Beach Municipal Code. ATTEST: City Clerk ADOPTED this 23rd day of July , 1984. 3 of 44"