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Ord 806ORDINANCE NO. 806 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, ADDING SECTION 12.48.260 TO THE POWAY MUNICIPAL CODE TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 67 AND AMENDING SECTION 12.48.160 WHEREAS, the City Council of the City of Poway desires to establish an Underground Utility District along Espola Road from Mountain Road to three hundred feet north of Jerome Drive (Exhibit A) for the purpose of improving the public health, safety, and welfare by placing all utilities underground; WHEREAS, Pursuant to Poway Municipal Code (Chapter 12.48) a Public Hearing was held on April 15, 2014 to discuss the proposed Underground Utility District; WHEREAS, The City Council heard public testimony for and against the proposed Underground Utility District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1: Section 12.48.260 shall be added to the Poway Municipal Code designating the following as Underground Utility District No. 67. The following described portion of the City of Poway, San Diego County, State of California, is declared to be Underground Utility District No. 67 of the City of Poway: Beginning at the Southeast corner of Parcel 4, Parcel Map No. 10915; thence Westerly along the Southerly line of said Parcel 4 to the Northwest corner of Assessor Parcel 321- 011-06; thence Southerly along the Westerly line of Assessor Parcel 321-011-06 to the Southwest corner thereof; thence Easterly along the Southerly line of Assessor Parcel 321-011-06 to the Northwest corner of Assessor Parcel 321-011-18 (said point also being the Northeast corner of Parcel 2, Parcel Map No. 13884); thence Southerly along the Westerly line of Assessor Parcel 321-011-18 to the Southwest corner thereof (said point also being the Southeast corner of Parcel 2, Parcel Map No. 13884); thence Easterly along the Southerly line of said Assessor Parcel 321-011-18 to the Northwest corner of Assessor Parcel 321-011-10 (said point also being the Northeast corner of Parcel 3, Parcel Map No. 13884); thence Southerly along the Westerly line said Assessor Parcel 321-011-10 to the Southwest corner thereof (said point also being the Southeast corner of Parcel 3 of Parcel Map No. 13884); thence Easterly along the Southerly line of Assessor Parcel 321-011-10 to a point on the Westerly right-of-way of Espola Road, said point also being the Southeast corner of Assessor Parcel 321-011-10; thence retracing Westerly along the Southerly line of Assessor Parcel 321-011-10 to the Northeast corner of Lot 2, Espola Verde Map No. 7570, said point being on the Westerly right-of-way of Espola Road; thence Southerly along said Westerly right-of-way to the Southeast corner of Lot 1 of Espola Verde Map No. 7570, said point being on the Northerly line of Assessor Ordinance No. 806 Page 2 Parcel 321-020-40; thence Easterly along the Northerly line of Assessor Parcel 321-020- 40 to the Northeast corner thereof (said point being on the Westerly right-of-way of Espola Road); thence Southerly along said Westerly right-of-way to the Southeast corner of Assessor Parcel 321-020-40, said point being on the Northerly line of Assessor Parcel 321-020-69; thence Easterly along the Northerly line of said Assessor Parcel 321-020-69 to the Northeast corner thereof (said point being on the Westerly right-of-way of Espola Road); thence Southerly along said Westerly right-of-way to the Southeast corner of Assessor Parcel 321-020-69; thence Westerly along the Southerly line of Assessor Parcel 321-020-69 to the Northwest corner of Assessor Parcel 321-020-64; thence Southerly along the Westerly lines of Assessor Parcels 321-020-64, 66, 55 and 56 to the Southwest corner of Assessor Parcel 321-020-56; thence Easterly along the Southerly line of said Assessor Parcel 321-020-56 to the Southeast corner thereof, said point being on the Westerly right-of-way of Espola Road; thence Southerly along said Westerly right-of-way to the Southeast corner of Assessor Parcel 321-020-41; thence Westerly along the Southerly line of said Assessor Parcel 321-020-41 to the Northeast corner of Parcel "A" of City of Poway Tract Map No. 87-08, said point being on the Westerly right-of-way of Espola Road; thence Southerly along said Westerly right-of-way to the Southeast corner of said Parcel "A"; thence Easterly, leaving said Westerly right-of-way, perpendicular to said Westerly right-of-way, to a point on the Easterly right-of-way of Espola Road; thence Northerly along said Easterly right-of-way to the Northwest corner of Assessor Parcel 321-241-01; thence Easterly, leaving said right of way line, along the Northerly line of said Assessor Parcel 321-241-01 to the Southeast corner of Assessor Parcel 321-210-50; thence Northerly along the Easterly line of Assessor Parcel 321-210-50 to the Northeast corner thereof; thence Westerly along the Northerly line of said Assessor Parcel 321-210- 50 to the Northwest corner thereof, said point being on the Easterly right-of-way of Espola Road; thence Northerly along said. Easterly right-of-way to the Northwest corner of Assessor Parcel 321-210-45; thence Easterly along the Northerly line of Assessor Parcel 321-210-45 to the Northeast corner thereof; thence leaving said Northerly line Northwesterly to the Southeast corner of Assessor Parcel 321-210-31; thence Westerly along the Southerly line of Assessor Parcel 321-210-31 to the Southwest corner thereof, said point being on the Easterly right-of-way of Espola Road; thence Northerly along the said Easterly right-of-way to the Southwest corner of Assessor Parcel 321-210-33; thence Easterly along the Southerly line of Assessor Parcel 321-210-33 to the Southeast corner thereof; thence Northerly along the Easterly line of said Assessor Parcel 321--210-33 to the Northeast corner thereof; thence Westerly along the Northerly line of Assessor Parcel 321-210-33 to the Northwest corner thereof, said point being on the Easterly right-of-way of Espola Road; thence Northerly along said Easterly right-of-way to the Southwest corner of Assessor Parcel 321-210-40; thence Easterly along the Southerly line of Assessor Parcel 321-210-40 to the Southeast corner thereof; thence Northerly along the Easterly line of said Assessor Parcel 321-210-40 to the Northeast corner thereof; thence Westerly along the Northerly line of said Assessor Parcel 321-210-40 to the Northwest corner thereof, said point being on the Easterly right-of-way of Espola Road; thence Northerly along said Easterly right-of-way to the Southwest corner of Assessor Parcel 321-011-24; thence continuing Northerly along said Easterly right-of-way to a point on said Easterly right-of-way which bears approximately 107' Northwesterly from the Southwest corner of Assessor Parcel 321-011-24; thence Westerly, leaving said Easterly right-of-way and Ordinance No. 806 Page 3 perpendicular to said Easterly right-of-way, to a point on the Westerly right-of-way of Espola Road; thence Southerly along said Westerly right-of-way to the POINT OF BEGINNING. Section 2: Section 12.48.160 shall be amended to read as follows: The provisions of Article I of this Chapter shall apply to all Underground Utility Districts described in Sections 12.48.170 through 12.48.260. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. Introduced and first read at a Regular Meeting of the City Council of the City of Poway, California, held the 16th day of May 2017, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 6th day of June 2017. Sleve Vaus, Mayor ATTEST: NandN of Id, MC, City Clerk Ordinance No. 806 Page 4 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that the foregoing Ordinance No. 806, was duly adopted by the City Council at a regular meeting of said City Council held on the 6th day of June 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE � >'Ze � Na'ne# N66fild, CMC, City Clerk City of Poway