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Resolution No. 1228RESOLUTION NO. 1228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 3 ON ORANGE AVENUE FROM WALKER STREET TO MOODY STREET BE IT RESOLVED by the City Council of the City of Cypress as follows : WHEREAS, an December 13, 1971, a Public Hearing was called for Monday, January 10, 1972, at the hour of 8:00 p.m. in the Council Chambers in the City Hall, Cypress, California, to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, over- head wires and associated overhead structures, and the underground installa- tion of wires and facilities for supplying electric, communication, or similar or associated service, within that certain area of the City generally described as Orange Avenue from Walker Street to Moody Street as shown on that certain map entitled Underground Utility District No. 3 dated December 20, 1971, ex- cluding Underground Utility District No. 1, which is on file in the Office of the City Clerk of the City of Cypress and specifically described as follows: Those portions of Section 16 and Section 17 Township 4 South, Range 11 West, in the Rancho Los Coyotes, City of Cypress, County of Orange, State of California as per Book 51 Page 11 of Miscellaneous Maps records of Orange County described as follows: The South 42.00 feet of the Northwest quarter of said Section 16 EXCEPTING therefrom the East 88 feet, The North 42.00 feet of the Northeast quarter of the Southwest quarter of said Section 16 EXCEPTING therefrom the East 88 feet. The North 47.00 feet of the Northwest quarter of the Southwest quarter of said Section 16. The South 75.00 feet of the West 50 feet of the Northwest quarter of said Section 16. The North 290 feet of the West 50 feet of the Southwest quarter of said Section 16. The South 42.00 feet of the East 140.00 feet of the Northeast quarter of said Section 17. The South 290.00 feet of the East 140.00 feet of the Southeast quarter of said Section 17 EXCEPTING therefrom the West 90.00 feet of the South 248.00 feet. And EXCEPTING therefrom Underground Utility District No. 1 specifically described as follows: The East 42 feet of the North 110 feet of the northeast quarter of the Northwest quarter of said Section 21. The West 42 feet of the North 110 feet of the Northwest quarter of the Northeast quarter of said Section 21. The East 42 feet of the South 917 feet of the Southeast quarter of the Southwestquarter of said Section 16. The West 42 feet of the South 917 feet of the Southwest quarter of the Southeast quarter of said Section 16.; and 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 er etc' 1.l 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 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. 3 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 January 1, 1973 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. 3 on or before January 1, 1973. 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. 3 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 supply- ing 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 toll 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". PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 10th day of January, 1972. MAYOR OF THE CITY OF ATTEST: CITY CLERK OF THE ITY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ESS 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 10th day of January, 1972, by the following vote: AYES: 4 COUNCILMEN: Kanode, Lacayo, Roberts and Harvey NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel fri �'y// its CITY CLERK F THE CITY OF CYPRESS i a ,3o cic oz -06/-P172 db T ul , ZV <a) 0. Q AP -244-301-16 AP -244-_301-i5 `A 1QN1?17 41 _ 1� °ez.0 (.4\ 1/4712 l ' 2