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R 1011 #~ -- ~ , , On motion of Councilman Millis, seconded by Councilman Wood and on the following roll call vote~ to wit: AYES: Councilmen Millis, Talley, Wood, de Leon and Mayor Schlegel NOES: None ABSENT: None the foregoing resolution was passed and adopted this 14th day of November, 1972. ~~ ATTESO~? I, POLLY S. KINGSLEY, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Resolution No. 1011 is a true, full and correct copy of said resolution passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council held on the 14th day of November, 1972. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 15th day of November, 1972. ~~~r> City Cl of the y of ,yo Gr ' (SEAL) , ' - - . RESOLUTION NO, ..1.91L- A RESOLUTION OF THE CITY COUNCIL OF THE CITY or ARROYO GRANDE ESUBLISHING F~DERGR(1L1;D Ul'HIIY DISIRWT BRANCH STREET NO. 1. WHEREAS, on the 24th of October, 1972, the City Couneil 0 [ thee City of Arroyo Grande cca118d " public. hearing for the 14th day of November, 1972. at the hour of 8:00 P.M. ,'~ft,.;:.: Council Chambers of the City Hall, 214, Eas t Braneh. Street, Arroyo Grands, California, to ascertain whether the pub lie nE~C~~S8 it}", health, safety or welfare requires the remj)"'~~al of poles, overhead w'ires and associated overhead structures, and. the underground installation ofwirfJs ;3.nd fac i li ties for supplying "lectric, cOTlli.!1unicatian, or similar Ot~ a.ssocia,ted service.' within that c.ertai.n area of the City described in "Exhibit A" ,-itt,aJ.ch:::d hereto and made a part he:reof by refer-3nc,,; Clnd WHEREAS, notica of such hearing 1-.tas been given to all a:Ef(;'~ctp.d property owners as shown on the las t 6qt.!',alized a.ssessment roll a.nd ut:i.1J.tiF.!B concerned :in the, manner and for the ti.me requi red by la:~j'; and WHEREAS, suc.h hearing has been dt7.1y a.nd reg;J,l8.t'ly h31d, and a.ll }.H.:.rsc:ns interested have bc,en given an opportunity ~o be heard. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIl, OF THE CITY OF ARROYO GRANDE AS FOLLOWS: 1ha t ~ pursuant to Ordinance Noo 71 C.S. of the City ;Jf Arroyo Gr"dndr;.,,:~ tlie area desct'i bed in "Exhibit: A" attached h,8reto a.nd made a. part her~0f by reference_, is hereby dec lar8d. an Und(:;!::r.ground. Utility Dis tric t, ~1.nd is des ignated as ~Jn.der- ground Utility District Branch Street ND. 1 of ths City of Arroyc) Grande. 111e area to be included in the Underground Utility District is shawn upDn ~hat certain'map entitled "'Underground Utility District Branch Street.ND. 10 dated , February 29, 1972, which is on fi l{a in the offiee of the City Clerk of the City of Arroyo Grande, California. BE IT FURTHER RESOLVED that tho Courrci,l dOE'" hereby fix, that aft~r writt~n notice and demand delivBred to property owners, said af:fe.c ted property owne.rs must be ready to receive s~rvice by November 30, 1973, and the Council does hereby order the removal by all public utilities of all poles, overhead wires and ascociated overhead structures and the underground ins tallation of said "ires and facilities for supplying eleetric, crnnmunicatiDn, or sunilar or associated service within Underground Utility District Branch Str8et No, 1 on or before March 31, 197/.. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilitios and all persons owning real property within Underground Utility District Branch Street Noo 1 of the adoption ('i this r~~sollition within ten (10) days after the date of slOch adoption, Safd City Clerk shall further notify said property miV'ners of the neC6dsity that~ if they or any p~rgon occupying such property des :ire to con.tinut;~ to r'cceive e.lectric, c.otIum__mication Qr other simila.r or associated service, th.sy or such occupant shall, by the date fixed in this re.,olution, provide all necessary facility changes on their premi.ses so as to receive !':Ouch service from the lines of ths supplying utility or utilities at a new l.ocation~ sl!bject to applic'ible rules, regulatians and t1uiffs of the respective utility or utilities on file with the Public Utili.ti6s Commission of the State of California. Su.ch notifica.tion shall be made by mailing a copy of this resolution together w'ith a copy of said Ordinance No. 71 C.S 0 to affect8d property owners 8.$ such ,'::ire shown on. the last equalizHd assessment roll and to the affected utilities. BE IT FURTHER RESOLVED that the evidence shows and the Council, ',,'xeby tinds that the reasons for creation of such Underground Utility District arc as fo 110\;;,78 ~ 1. The under grounding to be accomplished will avoid or "limine:t" an unusually he,1.VY concentra.tion of overhead distribution facilities. 2. Th.e st!:(:(~ts, roads, or right!";; of "I..m}"" in the District tire extt:;nsivi;e:l:/ u.sed by the general public a.nd ca.rry a heavy volu!rle of p<:.~dcstl'ian and'il\,::.hLct~lJ.r traffic and said undergroV',ndin.g will promote the ordeX'ly control of ~;u(".h, traffic.. 3. The said streets, roads or ri.ghts of 'r.-J-a.y adj oin 01' pa.dS tbrmlgh a. civic area, consequently, SGC}l undergro~ndi.ng is more efficient t~hn..n any cJtl:.er method a.nd adds t,) the aesthetic appeara.nce of the area -80 l.';ndergr(1Undf.~d. t , "EXHIBIT A" In the City of Arroyo Grande, C<>wIcy of San Luis Obi.8po, State of California: Beginning at the Southeasterly corner of Lot 10 of the Nevada Tract accordIng to the map thereof recorded in Book B of Maps at Page 6 records of said COl\nty; thence SoutlMesterly along the Southeasterly line of said Lot 10 and the Sout~,csterly continuation thereof, to its intersection witn the Northeasterly line of that parcel described in deed to Cole recorded in Book 1038 at Page 196 of Official Records of said County; thence Southeas terly along the .ai,d Northeasterly line of 8aid Cole property to th" NQrtherly line of TraffIc Way as said Traffic Way exis ts on January I, 1972; thence Northwesterly ah>ng the said Northeast"rly line of said Traffic Way to its intersection with the Northeasteriy line of that parcel descri bed in deed to Klish and recorded in Book 121/+ at Page 127 of Officia,l Rocords of said County; thence W'-'st'-'rly across TraffIc Way to a point at the intersection of the Southwesterly line of Traffic Way and the Westerly line of Cypress Street (abandoned) as said straet is dolineated on a map of Lowe's Addition recorded in Book B of Maps at Page 8, records of said County; thence Southeasterly along said Southwesterly line of Traffic Way to its intersection with the Southerly line of Lot 16 of said Lowe's Addition; thence Southwesterly along the Southeasterly line of said Lot 16 to the Easterly risht-of-way line of said Cypress Street; thence across said Cypress Street to the most Easterly corner of Lot 9 of said Lowe's Addition; thence Southwesterly along the Southeasterly line of said Lot 9 to the mo~t Southerly corner thereof; thence Northerly along the Westerly line of said Lot 9 and the Northerly extension thereof a distance of 70 feet; thence Southwesterly at right angles to the said' Westerly line of Lot 9 to its intersection with the Easterly right-of-way line of Highway 101 as said Highway exists on January 1, 1972; thence Northerly and North- westerly along said Easterly right-of-way line of said Highway 101 to its inter- section with the Southerly line of West Branch Street; thence Easterly along the said Southerly line of West Branch Street a distance of 529.39 feet; thence Northerly at right angles across said West Branch Street to its intersection with the Westerly prolongation of the Southerly line of Block 1 of the Valley View Tract accordiog to the map thereof recorded in Book 6 of Maps at Page 87 records of said County; thence E..terly along the said Westerly extension of Block 1 to the South- west corner of .aid Block 1; thence Northerly along the Westerly boundary of .aid Block I to the Northwest corner of I,ot 5 of said Valley View Tract; thence Easterly along the Northerly line of said Lot 5 and the Easterly continuation thereof to the centerline of We. ley Street; thence Southerly along the centerline of said Wesley Street to its intersection with the Westerly extensIon of the Northerly property line of that parcal described in deed recorded in Volume 1544 at Page 187 of Official Record. of said County; thence Easterly along the said Westerly extension and the Northerly line of said last mentioned property to the Northeast corner thereof; thence Southerly along the Easterly line of said last mentioned parcel to its inter- s ection with a line which is parallel and 100 feet Northerly of the North line of Branch Street as said Branch Street exists as of January 1, 1972; thence South 81. 15' East along said parallel line to its intersection with the easterly line of that land described in deed to Garey, etal, recorded in Volume 1087 at Page 548 of Official Records of said County; thence Southeast.'rly along the said Easterly line of Garey prop.,rty to a point located 80 feet measured at right angles from the Northerly line of said Branch Street; thence North 57" 45' East to the centerline of N,'vada Street; thence Southeasterly along the said centerline of Nevada Street to its intersection with the West"-rly prol.;mgation of tLe lkrth'N'est$rly property lIne of that property described in deed to David, "tal, recorded in Volll'!.e 1235 at Page 190 of Official Records of said County; th':;;nce Northcast~rl:v. a.long the Northwesterly prolongation and the said NOl'thw(,st 1i~,', of t'1,,, Ds"id parcel to th". Northeas t corner thereof; thence SO'Jtheas t<,rly along the Norttlea.-;r"r ly line of said David property and the Southeasterly prolongation tLer<'.of to th" c.,nt"rline of Branch S tt'ee t; thence Southwesterly along thE, said c"nt,:,r1ine of Branch Str.',.;t to its inters.,ction with the Northwi'ster1y prolongatlon .of the Nort1,<,a. t",rly line< of that parcel of property d<,scribed 111 d,nd to Pc-Un ti.,cDnkd in Voh"." 1129 at Page, 315 of Official Records of said Cf..~nty; thenc'o So"the.,.terly along the said Northwesterly prolongation and th" Nf'rthE<1ioterly lin.., of said Polln prop<,rty te the Southeast corner thereof; th.mce S,'uthwest,. rly along the South.)rl:,' line of said Polin property and the W."sterly pr"l"n~"ti.,,\ ther,,-of co its intdsaction with the centerline of Bridge Stre~t; thenc,'. S.',-,t!1easterly along t)1(-' said cent,'.ran" of Bridge Stra"t to its intersection WI th th" North<:a,sc':r1y l'xtl'ClRi.on of the South- eas terly line of said Lot 10 of th" N..,vada Trac 1:; th':nc,., Southwest,'rly along the said Northeasterly prolongation of t)w S"'Jl:h"ast"d:? Un" of said Lot 10 to the most Easterly corner then~of and thf', p.lint of h(~ginning. Page 1 of 1 ---- '_~__.H