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HomeMy WebLinkAboutResolution No. 3306229 RESOLUTION NO. 3306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 6 ON LINCOLN AVENUE FROM 435 FEET EAST OF MOODY STREET TO THE WEST CITY LIMITS WHEREAS, on September 14, 1987, a Public Hearing was called for Monday, October 13, 1987, at the hour of 7:30 p.m. in the Council Chamber in the City Hall, Cypress, California, to ascertain whether the public necessity, healthy, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, of similar or associated service, within that certain area of the City generally described as Lincoln Avenue from 435 feet east of Moody Street to the west City Limits, as shown on that certain map titled Underground Utility District No. 6 and specifically described as follows: Those portions of the South half of Sections 8 and 9 and portion of the North half of Sections 16 and 17, Township 4 South, Range 11 west, Rancho Los Coyotes, City of Cypress, County of Orange, State of California, as shown on a map recorded in Book 51, page 11 of Miscellaneous Maps, in the office of the County Recorder of said County described as follows: The west 50.00 feet of the south 170.00 feet of the southwest quarter of the southwest quarter of said Section 8. The south 76.00 feet of the south half of said Section 8, excepting therefrom the westerly 204.82 feet of the easterly 679.97 feet of the southeast quarter of the southeast quarter of said Section 8. The east 50.00 feet of the south 216.00 feet of the southeast quarter of the southeast quarter of said Section 8. The west 50.00 feet of the south 216.00 feet of the southwest quarter of the southwest quarter of said Section 9. The south 66.00 feet of the west 435.00 feet of the southwest quarter of the southwest quarter of said Section 9. The north 40.00 feet of the west 435.00 feet of the northwest quarter of the northwest quarter of said Section 16. The west 50.00 feet of the north 175.00 feet of the northwest quarter of the northwest quarter of said Section 16. The east 50.00 feet of the north 175.00 feet of the northeast quarter of the northeast quarter of said Section 17. The north 40.00 feet of the northeast quarter of said Section 17, excepting therefrom the westerly 248.11 feet of the easterly 724.02 feet of the northeast quarter of the northeast quarter of said Section 17. The west 42.00 feet of the north 180.00 feet of the quarter of the northeast quarter of said Section 17. The east 42.00 feet of the north 180.00 feet of the quarter of the northwest quarter of said Section 17. The North 40.00 feet of the northwest quarter of Section 17. The east 92.00 feet of the north 140.00 feet of the west 672.00 feet of the northwest quarter of the northwest quarter of said Section 17; and northwest northeast WHEREAS, notice of such hearing has been given to all affected property owners as such are shown on the last equalized assessment roll and to all utilities concerned in the manner and within the time required by law; and 2j0 WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cypress, that, pursuant to Ordinance No. 370 of the City of Cypress, the above described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 6 of the City of Cypress. Attached hereto, marked "Exhibit A ", and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said District. RESOLVED, FURTHER, that the Council does hereby fix December 1, 1988 as the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within Underground Utility District No. 6 on or before May 1, 1989. RESOLVED, FURTHER, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 6 of the adoption of this resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date fixed in this resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this resolution together with a copy of said Ordinance No. 370, to all affected property owners as such are shown on the last equalized assessment roll and to the affected utilities; RESOLVED, FURTHER, that the Council hereby finds and determines as follows: The Underground Utility District herein created is in the general public interest for the following reasons: (1) The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; (2) The streets, roads or rights -of -way in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. (3) The public necessity, health, safety and welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication and similar associated service within the above - described area. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 13th day of October, 1987. ATTEST: CI '1CLLF R or TH CITY OF CYPRESS MAYOR OF THE CITY OF CYPRESS 231 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the said City Council held on the 13th day of October 1987, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold Coronado, Davis, Mullen & Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None , 9,yv CITY CLERK OF T ITS OF CYPRESS 3 1111171 111111 -- 1111111 iac i w►aw,