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HomeMy WebLinkAboutOrdinance - 2314 - Underground Utility ServiceORDINANCE NO. 2314 AN ORDINANCE OF THE CITY OF REDDING (1) DECLARING A CERTAIN AREA OF THE CITY AS AN UNDERGROUND UTILITY DISTRICT TO BE KNOWN AS THE PARKVIE WA VENUE UNDERGROUND UTILITY DISTRICT, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 14.04 OF THE REDDING MUNICIPAL CODE; (2) REQUIRING THE REMOVAL OF UTILITY POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES WITHIN THE BOUNDARIES OF SAID DISTRICT; AND (3) FIXING THE TIME FOR SAID REMOVAL AND THE TIME WITHIN WHICH PROPERTY OWNERS WITHIN THE DISTRICT MUST BE READY TO COMPLETE AND RECEIVE UNDERGROUND SERVICE. WHEREAS, pursuant to the provisions of Chapter 14.04 of the Redding Municipal Code ("RMC") the City Council held a public hearing on September 2, 2003, at the hour of 7 p.m. or as soon thereafter as the matter could be heard, to ascertain whether the public necessity, general public interest, health and safety require the removal of utility poles, overhead wires and associated overhead structures from the hereinafter described area of the City; and WHEREAS, at the conclusion of the public hearing, the City Council made the following findings: A. The public necessity, general public interest, health and safety of the citizens of the City of Redding requires the removal of utility poles, overhead wires and associated overhead structures from the streets or road rights-of way within the hereinafter described area; Bo The streets and roads rights-of-way in the hereinafter described area are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic; Co The streets and road rights-of-way in the hereinafter described area adjoin or pass through a civic area or an area of unusual scenic interest to the public; and Do The streets and roads fights-of-way in the hereinafter described area are each considered an arterial street or major collector as defined in the Governor's Office of Planning and Research General Plan Guidelines. NOW THEREFORE, the City Council of the City of Redding does ordain as follows: Section 1. That the area described in Exhibit A and delineated in Exhibit B, attached and incorporated herein, is hereby declared an underground utility district pursuant to the provisions of Chapter 14.04 of the RMC. Said district shall be known as the Parkview Avenue Underground Utility District ("District"). Section 2. All utility poles, overhead wires and associated overhead structures shall be removed from the public streets, alleys and rights-of-way lying within the boundaries of the District; and the owners of the real property located within the boundaries of the District shall be ready to complete and receive underground service of all utilities serving said properties on or before December 31, 2005. Section 3. The provisions of this ordinance shall not apply to any facilities of the types set forth in Section 14.04.050 of the RMC. Section 4. Following the enactment of this ordinance, the City Clerk shall notify all affected utilities and persons owning real property within the District in the manner and form provided by the provisions of Section 14.04.060 of the RMC. Section 5. The passage of this ordinance is categorically exempt from environmental review pursuant to Section 15302(d) of the California Environmental Quality Act ("CEQA "). Section 6. This ordinance shah take effect 30 days after the date of its adoption, and the City Clerk shall certify the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City Council on the2n__dday of September., 2003, and was read and adopted at a regular meeting on the 16th day of September ,2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Kight, COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None Mathena, Pohlmeyer, Stegall and MARK~. ~[~UI~A(, Mayor Cibula Connie Strohm~3er; Cit~e~k Form Approved: Brad L. Fuller, City Attorney 2 EXHIBIT ~ BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF CYPRESS AVENUE, ALSO BEING THE POINT REFERRED TO IN THE GRANT DEED RECORDED AS DOCUMENT NUMBER 1999-0029863, SHASTA COUNTY RECORDS, AS BEING THE "POINT OF TERMINATION" OF THE LINE DESCRIBED IN SAID DOCUMENT; THENCE ON AND ALONG THE SOUTHERN RIGHT OF WAY LINE OF CYPRESS AVENUE ANDTHE EASTERLY RIGHT OF WAY LINE OF STATE HIGHWAY 273, FROM A TANGENT WHICH BEARS NORTH 65'44'12" WEST, THROUGH A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 17'40'22", A RADIUS OF 533.02 FEET (162.445 METERS, GRID PER DOC #1999-0029863), AND A LENGTH OF 164.41 FEET (50.1 METERS GRID PER DOC #1999-0029863); THENCE, NORTH 85'36'23" WEST, A DISTANCE OF 8.33 FEET (2.540 METERS GRID PER DOC #1999-0029863); THENCE, FROM A TANGENT WHICH BEARS NORTH 85°53'32'' WEST, THROUGH A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 79'29'40", A RADIUS OF 185.21 FEET (56.445 METERS GRID PER DOC #1999-0029863), AND A LENGTH OF 256.97 FEET (78.314 METERS GRID PER DOC #1999-0029863); THENCE, SOUTH 14°57'34'' WEST, A DISTANCE OF 190.46 FEET (58.044 METERS GRID PER DOC #1999-0029863); THENCE, SOUTH 16'12'27" WEST, A DISTANCE OF 40.76 FEET (12.423 METERS GRID PER DOC #1999-0029863); THENCE, SOUTH 17'44'38" WEST, A DISTANCE OF 79.40 FEET (24.199 METERS GRID PER DOC #1999-0029863);THENCE, SOUTH 22'53'15"WEST, A DISTANCE OF 131.78 FEET (40.162 METERS GRID PER DOC #1999-0029863); THENCE, SOUTH 17°44'41'' WEST, A DISTANCE OF 42.98 FEET (13.099 METERS GRID PER DOC #1999-0029863); THENCE, FROM A TANGENT WHICH BEARS SOUTH 17'59'06" WEST, THROUGH A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 63°38'01'', A RADIUS OF 15.42 FEET (4.7000 METERS GRID PER DOC #1999-0029863), AND A LENGTH OF 17.13 FEET (5.220 METERS GRID PER DOC #1999-0029863); THENCE, SOUTH 45°58'18'' EAST, A DISTANCE OF 10.45 FEET (3.186 METERS GRID PER DOC #1999-0029863);THENCE, SOUTH 44°20'58'' WEST, A DISTANCE OF 16.90 FEET (5.151 METERS GRID PER DOC #1999-0029863); THENCE, FROM A TANGENT WHICH BEARS SOUTH 44'21'01" WEST, THROUGH A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 26'36'20", A RADIUS OF 97.45 FEET (29.700 METERS GRID PER DOC #1999-0029863), AND A LENGTH OF 45.25 FEET (13.791 METERS GRID PER DOC #1999-0029863); THENCE, SOUTH 17'44'41" WEST, A DISTANCE OF 56.11 FEET (17.100 METERS GRID PER DOC #1999-0029863); THENCE, SOUTH 17'29'30" WEST, A DISTANCE OF 19.86 FEET, TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE OF STATE HIGHWAY 273, THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE, NORTH 73'42'00" WEST, A DISTANCE OF 113.85 FEET, MORE OR LESS TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF STATE HIGHWAY 273 AND ON THE NORTHERLY LINE OF PARCEL 1 AS DESCRIBED IN THE DEED RECORDED IN BOOK 68 OF OFFICIAL RECORDS AT PAGE 228, SHASTA COUNTY RECORDS; THENCE, CONTINUING NORTH 72'42'00" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL 1, A DISTANCE OF 167.24 FEET, MORE OR LESS TO THE EASTERLY RIGHT OF WAY LINE OF CALIFORNIA STREET; THENCE, SOUTHERLY ALONE SAID RIGHT OF WAY LINE, A DISTANCE OF 83 FEET, MORE OR LESS TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE, ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 76'27'00" EAST, A DISTANCE OF 159.51, MORE OR LESS TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF STATE HIGHWAY 273; THENCE, ALONE SAID WESTERLY RIGHT OF WAY LINE, FROM A TANGENT WHICH BEARS SOUTH 17'13'03 WEST, THROUGH A CURVE TO THE LEFT~ HAVING A CENTRAL ANGLE OF 01'44'08", A RADIUS OF 2050.00 FEET, AND A LENGTH OF 62.10 FEET, MORE OR LESS TO A POINT ON THE SOUTHERLY LINE OF LOT 4 AS SHOWN ON THE MAP RECORDED IN BOOK 5 OF MAPS AT PAGE 8, SHASTA COUNTY RECORDS; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE, SOUTH 70'27'14" EAST, A DISTANCE OF 105.80 FEET, MORE OR LESS TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STATE HIGHWAY 273 AS DESCRIBED IN THE "HIGHWAY EASEMENT DEED" RECORDED IN BOOK 606 OF OFFICIAL RECORDS AT PAGE 19, SHASTA COUNTY RECORDS, THENCE ON AND ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 17'39'21" WEST, A DISTANCE OF 22.77 FEET; THENCE, THROUGH A TANGENT A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 09'36'11", A RADIUS OF 1166 FEET, AND A LENGTH OF 195.43 FEET; THENCE, CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE IN A SOUTHERLY DIRECTION, A DISTANCE OF 71 FEET, MORE OR LESS TO THE SOUTHEASTERLY CORNER OF THE PARCEL DESCRIBED IN THE DEED TO JOHN FITZPATRICK AND SONS RECORDED IN BOOK 2323 OF OFFICIAL RECORDS AT PAGE 700, SHASTA COUNTY RECORDS, THENCE ON AND ALONG SAID FITZPATRICK PARCEL SOUTH 73'32' 00" EAST, A DISTANCE OF 123.24 FEET; THENCE CONTINUING ALONG SAID FITZPATRICK PARCEL, NORTH 08'19'30" EAST, A DISTANCE OF 126.67 FEET; THENCE CONTINUING ALONG SAID FITZPATRICK PARCEL, SOUTH 81'40'30" EAST, A DISTANCE OF 7.46 FEET; THENCE CONTINUING ALONG SAID FITZPATRICK PARCEL, NORTH 25'29'30" EAST, A DISTANCE OF 156.88 FEET, TO THE SOUTHERLY RIGHT OF WAY LINE OF PARKVIEW AVENUE; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF PARKVIEW AVENUE, SOUTH 64'30'30" EAST, A DISTANCE OF 98.53 FEET; TO THE WESTERLY RIGHT OF WAY LINE OF ANGELO AVENUE; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE OF ANGELO AVENUE, SOUTH 25'29'30" WEST, A DISTANCE OF 10.00 FEET; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF PARKVIEW AVENUE, SOUTH 64°30'30'' EAST, A DISTANCE OF 175.00 FEET; TO THE NORTHERLY MOST CORNER OF THAT PARCEL OF LAND DESCRIBED IN THE GRANT DEED RECORDED AS DOCUMENT NUMBER 2003-0014094, SHASTA COUNTY RECORDS, SAID PARCEL BEING LOTS 6 AND 7 OF BLOCK 1 OF PARK SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 5 OF MAPS AT PAGE 12, SHASTA COUNTY RECORDS, THENCE LEAVING THE SOUTHERLY RIGHT OF WAY LINE OF PARKVIEW AVENUE AND ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL, SOUTH 25°29'30'' WEST, A DISTANCE OF 140.00 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL, SOUTH 64'30'30" EAST, A DISTANCE OF 50.00 FEET; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL, NORTH 25'29'30" EAST, A DISTANCE OF 140.00 FEET TO THE EASTERLY MOST CORNER OF SAID PARCEL ANDTHE SOUTHERLY RIGHT OF WAY LINE OF PARKVIEW AVENUE; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF PARKVIEW AVENUE, SOUTH 64'30'30" EAST, A DISTANCE OF 1519.26 FEET; THENCE, NORTH 41'27'00" EAST, A DISTANCE OF 10.40 FEET; THENCE, SOUTH 64°30'30'' EAST, A DISTANCE OF 341.88 FEET, MORE OR LESS, TO A POINT FROM WHICH THE INTERSECTION OF THE WESTERLY LINE OF THE ANDERSON COTTONWOOD IRRIGATION DISTRICT CANAL, AS SHOWN ON THE MAP RECORDED IN BOOK 5 OF PARCEL MAPS AT PAGE 92, SHASTA COUNTY RECORDS, WITH THE NORTHERLY RIGHT OF WAY LINE OF PARKVIEW AVENUE, BEARS NORTH 25°29'30'' EAST, A DISTANCE OF 80.00 FEET, MORE OR LESS; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE OF PARKVIEW AVENUE, NORTH 25'29'30" EAST, A DISTANCE OF 80.00 FEET, MORE OR LESS, TO THE NORTHERLY RIGHT LINE OF PARKVIEW AVENUE; THENCE, ON AND ALONG SAID NORTHERLY LINE AS REFERRED TO IN THE QUITCLAIM DEED RECORDED IN BOOK 624 OF OFFICIAL RECORDS AT PAGE 578, SHASTA COUNTY RECORDS, NORTH 64'30'30" WEST, A DISTANCE OF 1032 FEET, MORE OR LESS, TO THE INTERSECTION OF WESTERLY RIGHT OF WAY LINE OF AKARD AVENUE WITH THE NORTHERLY RIGHT OF WAY LINE OF PARKVIEW AVENUE; THENCE, ON AND ALONG SAID WESTERLY RIGHT OF WAY LINE OF AKARD AVENUE, NORTH 25'29'30" EAST, A DISTANCE OF 913.80 FEET, MORE OR LESS, TO THE SOUTHERLY RIGHT OF WAY LINE OF CYPRESS AVENUE; THENCE, ON ANDALONG SAID SOUTHERLY LINE, NORTH 64'33'06 WEST, A DISTANCE OF 182.60 FEET TO THE NORTHEASTERLY CORNER OF THE PARCEL DESCRIBED IN THE GRANT DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 262 OF OFFICIAL RECORDS AT PAGE 482, SHASTA COUNTY RECORDS; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, ON AND ALONG THE EASTERLY LINE OF SAID PARCEL, SOUTH 25'28'00" WEST, A DISTANCE OF 516.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL; THENCE, ON AND ALONG THE SOUTHERLY LINE OF SAID PARCEL, NORTH 64'32'00" WEST, A DISTANCE OF 301.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL; THENCE, ON AND ALONG THE WESTERLY LINE OF SAID PARCEL, NORTH 20'00'00" EAST, A DISTANCE OF 518.25 FEET MORE OR LESS TO THE SOUTHERLY RIGHT OF WAY LINE OF CYPRESS AVENUE; THENCE, ON AND ALONG SAID SOUTHERLY RIGHT OF WAY LINE, NORTH 64'33'00" WEST, A DISTANCE OF 595 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.