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HomeMy WebLinkAboutOrd 04-13 Underground Utility Dist 2013-1 ORDINANCE NO. 4 -13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING UNDERGROUND UTILITY DISTRICT 2013-01 ON DUBLIN BOULEVARD — CIVIC PLAZA/SIERRA COURT TO DUBLIN COURT WHEREAS, the California Public Utilities Commission (CPUC) has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20 and Telecommunication Rule 32; and WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities and counties to establish legislation authorizing the creation of underground utility districts within which existing overhead electric distribution and telecommunication distribution and service facilities will be converted to underground; and WHEREAS, the City of Dublin has consulted with the affected public utilities and such utilities have agreed that the proposed underground conversion district, designated the Underground Utility District 2013-1 and more particularly described in Exhibit 1 attached hereto and incorporated herein by reference, meets the criteria established by the rules of the CPUC, to wit; That Dublin Boulevard between Civic Plaza/Sierra Court and Dublin Court is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic, and That Dublin Boulevard adjoins the Dublin Sports Grounds, a public recreation area, and That Dublin Boulevard is an arterial street as defined in the Governor's Office of Planning and Research General Plan Guidelines, and WHEREAS, each year the City of Dublin is notified by PG&E regarding the allocation of work credits for conversion of overhead electric distribution lines and facilities to underground, known as Rule 20A allocations; and WHEREAS, the City of Dublin has consulted with PG&E and determined that the City has accumulated Rule 20A work credits and PG&E has agreed that the City may borrow against future credits sufficient to complete the proposed overhead to underground conversion project; and WHEREAS, the City Council of the City of Dublin has now received the report recommending that the area legally described in Exhibit A and B should be designated as an underground utility district within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and WHEREAS, upon recommendation of staff, the City Council of the City of Dublin has determined that the proposed Underground Utility District 2013-1 is categorically exempt from environmental review pursuant to the California Environmental Quality Act; and Page 1 of 2 WHEREAS, the City of Dublin has notified all affected property owners within the proposed Underground Utility District 2013-1 and inviting same to attend a public hearing to discuss formation of the proposed district; and WHEREAS, the City Council of the City of Dublin held public hearings on July 16, 2013 and August 20, 2013 at which time the Council did receive and consider staffs recommendation and did hear any and all objections or protests from the owners of property within the above described district pertaining to designating this area an underground utility district. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dublin that: Section 1 . The public interest requires the removal of all existing utility poles [excepting those poles supporting streetlights, traffic signals or trolley lines], overhead wires and associated overhead structures and installation of underground wires and facilities for supplying electric power, communication, or similar associated services within the areas legally described in Exhibit A and B, attached hereto, with such area being designated as the Underground Utility District 2013-1 , and Section 2. That the utility companies, cable television services and other affected services shall commence work on installation of underground facility installation in Underground Utility District 2013- 1, and Section 3. That once all services have been converted from overhead to underground, the utility companies, cable television services and other affected services shall remove all poles (except as specified above) and associated overhead facilities in Underground Utility District 2013-1, by December 2017, and Section 4: This ordinance shall become effective thirty (30) days after its final passage and adoption by the City Council. The City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 20th day of August, 2013, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti • NOES: None ABSENT: None ABSTAIN: None /Z f1 Mayor ATTES Ca.AA) ‘e Pcv- City Clerk Ord No. 4-13, Adopted 8-20-13, Item 4.10 Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION All that real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Parcel 2 of Parcel Map 793,filed November 23, 1971,in Book 72 of Parcel Maps,at Page 34(72 PM 34),Parcel A of Parcel Map 462,filed July 1,1969, in Book 61 of Parcel Maps,at Page 22(61 PM 22), Portions of Parcels 1,2, and 3 of Parcel Map 1693,filed November 7, 1975,in Book 88 of Parcel Maps,at Page 56(88 PM 56), Lot 3 of Tract 7457,filed June 13,2006, in Book 291 of Maps, at Page 29(291 M 29), Parcel A of Parcel Map 3558,filed May 25,1982,in Book 133 of Parcel Maps,at Page 81(133 PM 81), portions of that certain real property as described in the Quitclaim Deed to the City of Dublin recorded July 1, 1988 under Recorders Series Number 1988-158847(1988-158847),a portion of Dublin Blvd.,a portion of Dublin Ct.,and portions of Rancho San Ramon, City of Dublin, Alameda County, State of California, further described as follows: Beginning at a point of intersection of the southeasterly right of way line of Sierra Court with the most northerly corner of said Parcel 2 of Parcel Map 793; thence from said Point of Beginning South 72°43'54"East,294.51 feet along the northerly line of last said Parcel 2 to the most northeasterly corner thereof,the bearing of last said line taken as South 72°43'54"East for the purposes of this description;thence along the most easterly line of last said parcel South 17°16'06"West, 104.04 feet to a point on the northeasterly line of said Parcel A of Parcel Map 462;thence along last said northeasterly line of last said Parcel A and the prolongation thereof South 72°43'54"East,528.04 feet to a point on the westerly line of said Parcel 3 of Parcel Map 1693;thence along last said westerly line of Parcel 3,South 17°16'07"West,83.69 feet;thence leaving last said westerly line South 77°09'36"East,116.36 feet to a point on the easterly line of last said Parcel 3; thence along last said easterly line South 06°51'55" East, 75.97 feet to the most northwesterly corner of said Lot 3 of Tract 7457;thence along the exterior boundary line of last said Lot 3 the following six(6)courses;North 83°08'04"East,117.27 feet to the beginning of a curve concave to the southwest and having a radius of 35.00 feet; thence easterly and southerly 54.66 feet along said curve through a central angle of 89°28'47"; thence South 07°23'21" East, 42.82 feet; thence South 76°44'21' West, 8.44 feet; thence South 13°15'39" East,3.05 feet to the beginning of a curve concave to the northwest and having a radius of 12.00 feet;thence southerly and southwesterly 19.76 feet along said curve through a central angle of 94°20'49"to a point of cusp on the northerly right of way line of Dublin Blvd;thence leaving last said Lot 3 and said northerly right of way line of Dublin Blvd along a non-tangent line South 61°19'46" East 170.71 feet to a point on the southerly right of way line of Dublin Blvd and the beginning of a non-tangent curve concave to the east,a radial line to the beginning of said curve bears North 55°34'34"West;thence southerly and easterly 93.51 feet along said curve through a central angle of 107°09'20" to a point on the northerly right of way line of Dublin Court; thence leaving last said right of way line South 17°16'06" West, 66.00 feet to a point on the southerly right of way line of Dublin Court and the northerly boundary line of said Parcel A of Parcel Map 3558;thence along last said southerly right of way line of Dublin Court and northerly boundary line of last said Parcel A, South 72°43'54" East, 413.75 feet; thence along the boundary line of last said Parcel A the following three(3)courses:South 17°16'06"West,337.00 feet;thence North 89°39'43"West,348.01;thence North 07°55'01"West,484.39 feet;thence leaving last said boundary line of last said Parcel A, South 82°07'49" West, 48.90 feet to the easterly boundary line of Parcel One of that certain City of Dublin parcel as described in said Quitclaim Deed recorded July 1,1988 under Recorders Series Number(1988-158847)Alameda County Records; thence along last said easterly boundary line of lat said Parcel One North 07°52'11"West,82.51 feet to a point on the southerly right of way line of Dublin Blvd,said point also being the beginning of a non-tangent curve concave to the north and having a radius of 850.00 feet, a radial line to the beginning of said curve bears South 06°18'16" East; thence westerly 20.02 feet along said curve through a central angle of 1°20'57";thence leaving last said southerly right of way line of Dublin Blvd along a line 20.000 feet westerly and parallel with said easterly line of said Parcel One of said City of Dublin parcel South 07°52'11"East 568.43 feet to a point on the southerly line of last said Parcel One;thence along last said southerly line North 88°17'54"West, 1354.28 feet to the westerly line of last said Parcel One;thence along last said line North 21°59'10"East, 194.63 feet to the most easterly corner of Parcel Two of said City of Dublin parcel (1988-158847);thence along the exterior boundary lines of last said Parcel Two the following four(4)courses:South 67°42'00"West 179.79 feet;thence North 21°59'10"West, 322.19 feet;thence North 60°14'02"East,181.46 feet;thence South 21°59'10"East,30.91 feet to a point on the common line of said Parcel One and said Parcel Two of said City of Dublin parcel (1988-158847); thence leaving last said common line northerly and easterly along the northwesterly boundary line of last said Parcel One the following six (6) courses; North 17°16'06"East,46.02 feet;thence North 60°14'02"East,46.40 feet to the beginning of a curve concave to the southeast and having a radius of 415.00 feet;thence northeasterly 58.19 feet along said curve through a central angle of 8°02'02";thence North 68°16'06"East,31.26 feet to the beginning of a curve concave to the northwest and having a radius of 425.00 feet;thence northeasterly 318.96 feet along said curve through a central angle of 43°00'01"to the beginning of a reverse curve concave to the southeast and having a radius of 12.00 feet; thence northeasterly and easterly 14.00 feet along said curve through a central angle of 66°50'42"to a point on the southerly right of way line of Dublin Blvd;thence leaving last said southerly right of way line North 18°28'40"East, 142.04 feet to a point on the easterly right of way line of Sierra Court and the westerly boundary line of said Parcel 2 of Parcel Map 793;thence along last said line North 17°16'06"East,312.11 feet to the beginning of a curve concave to the southeast and having a radius of 800.00 feet;thence northerly 7.54 feet along said curve through a central angle of 0°32'24"to the most northerly corner of said Parcel 2 of Parcel Map 793 and the Point of Beginning of this description. 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