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CC RES 1995-004RESOLUTION NO. 95 -4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING SILVER SPUR UNDERGROUNDING DISTRICT AN UNDERGROUND UTILITY DISTRICT AND ORDERING THE REMOVAL OF OVERHEAD FACILITIES PURSUANT TO CHAPTER 12.12 OF THE RANCHO PALOS VERDES MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City Council, by its Resolution No. 94 -98, called a public hearing for January 17, 1995, at 7 p.m. in the Council Chambers at Hesse Park Community Center, 29301 Hawthorne Boulevard, Rancho Palos Verdes, California, to ascertain whether the public necessity, health, 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, or similar associated services within an area designated as the "Silver Spur Undergrounding District" (the "District ") pursuant to Chapter 12.12 of the Rancho Palos Verdes Municipal Code. Section 2. Notice of the public hearing was given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law. Section 3. The public hearing was duly and regularly held, and all persons interested were given an opportunity to be heard. Section 4. At the public hearing, the Engineer submitted a report to the City Council containing, among other information, the extent of public utilities' and public entities' participation in the undergrounding project, estimates of the total costs to the City and to affected property owners, and an estimate of the time required to complete the underground installation and removal of overhead facilities. Section 5. The City Council hereby finds and determines that the public necessity, health, safety and welfare requires the removal of overhead facilities and the installation of underground facilities within the District for the following reasons: (a) The undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities; and (b) 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. Section 6. Pursuant to Chapter 12.12 of the Rancho Palos Verdes Municipal Code, the City Council hereby declares the District an Underground Utility District. Section 7. The District is described as follows: Beginning at the northwest corner of lot 40 tract 21350 as recorded in the County of Los Angeles Book of Maps, Book 599 pages 90 through 95, thence S 820 59123" E 127973 ft along the northerly boundary of said lot to the westerly Right -of -way line of Silver Spur Road, 70 feet wide, thence N 120 15' 14" E 393.84 feet along said westerly right of way line of Silver Spur Road to the southeast corner of Lot 122 Tract 21351 as recorded in the County of Los Angeles Book of Maps, Book 598, Pages 32 through 38, thence N 120 15' 14" E 1109.41 feet along the westerly right of way of Silver Spur Road to the northeast corner of lot 108 Tract 21351, thence S 620 20' 16" E 82.99 feet to a point on the easterly line of Silver Spur Road being also a point on the westerly boundary of Lot 2 Tract 24719 as recorded in the County of Los Angeles Book of Maps, Book 669, Pages 73 through 76; thence S 120 15' 14" W 289.54 feet to the most southerly corner of Lot 1 of said Tract 24719, said corner also being a point on the City Limits Boundary; thence southwesterly along the City limits line through the following courses S 120 15' 14" W 661.48 feet, thence N 750 50' 37" W 10.01 feet; thence S 120 15' 14" W 1608958 1624.51 feet to the beginning of a tangent curve concave to the northwest and radius of 3030 feet thence southerly along said curve 248.73 feet and delta angle of 040 42' 1211, thence N 730 02' 34" W 60 ft. along the radial line of last said curve, to the beginning of a non - tangent curve concave to the northwest and radius of 2970 feet whose radial bearing is also N 730 02' 34" W, thence southerly along last said curve 4.27 feet and delta angle of 00 04' 57" to the most southerly corner of lot 22 of the before mentioned tract 21350, thence leaving the City Limits Boundary along the southerly boundary of said lot N 540 11' 29" W 155.06 feet to a non - tangent curve concave to the northwest and radius of 270 feet, thence northerly along said curve a distance of 111 feet and a delta angle of 230 3 3 ' 1711, thence N 120 15' 14" 1003.06 feet to the beginning of a tangent curve concave to the west and radius of 1720 feet thence northerly along said curve 157.41 feet and delta angle of 050 14' 37" to the point of Beginning, as more particularly described in Exhibit A. on file in the office of the City Clerk and incorporated herein by this reference. Section 8. The City Council hereby orders 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 the District. Such removal and underground installation shall be accomplished, and affected property owners shall be ready to receive underground services, on or before September 1, 1996. -2- Resolution 95 -4 Section 9. The City Council hereby determines that the public utilities have agreed`to pay the costs of conversion excluding costs of users' connections to the underground electric or communication facilities. Section 10. Pursuant to Section 12.12.050 of the Rancho Palos Verdes Municipal Code, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires, and associated overhead structures in the District after the date when such overhead facilities are required to be removed by this Resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant to continue to receive utility service, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in Chapter 12.12 of the Rancho Palos Verdes Municipal Code. Section 11. The City Clerk is hereby instructed to notify each of the affected utilities and each affected property owner of the adoption of this resolution within ten (10) days after the date of such adoption. The City Clerk shall further notify such affected property owner of the necessity that, if the owner or any person occupying the property desires to continue to receive electric, communication or other similar or associated service, the owner or occupant shall 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. Such notification shall be made by mailing a copy of this resolution, together with a copy of Chapter 12.12 of the Rancho Palos Verdes Municipal Code, to the affected property owners as such are shown on the last equalized assessment roll or as known to the clerk and to the affected utilities. Section 12. This Resolution shall take effect upon receipt of a commitment from the County of Los Angeles, City of Rolling Hills Estates, City of Rolling Hills, and /or the City of Palos Verdes Estates to finance a portion of the improvements for the District so that the portion to be financed by the City of Rancho Palos Verdes will not exceed $63,000. Such commitments must be received by March 8, 19950 -3- Resolution 95 -4 PASSED, APPROVED AND ADOPTED this 17th day of January, 19950 Mayor ATTEST: ji Stqe of California County of Los Angeles )ss City of Rancho Palos Verdes I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 95 -4 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on January 17, 1995e. City Cle City ofa ncho Palos Verdes -4- Resolution 95 -4 0 Exhibit/Attachment A Silver Spur Undergrounding District LIT kCT SO TO a 151 i,30 RD WJ 9 / �q 234 235 I or,