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Ord 807ORDINANCE NO. 807 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, ADDING SECTION 12.48.270 TO THE POWAY MUNICIPAL CODE TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 68 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 300 feet north of Jerome Drive to Willow Ranch Road (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 May 16, 2017 to discuss the proposed Underground Utility District; and 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 12.48.270 shall be added to the Poway Municipal Code designating the following as Underground Utility District No. 68. The following described portion of the City of Poway, San Diego County, State of California, is declared to be Underground Utility District No. 68 of the City of Poway: Beginning at the Southeast corner of Assessor Parcel 321-011-24; thence Northerly along the Easterly lines of Assessor Parcels 321-011-24, 321-011-13, 321-011-14 and 321- 011-15 to the Northeast corner of Assessor Parcel 321-011-15; thence Westerly along the Northerly line of Assessor Parcel 321-011-15 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 321-030-71; thence leaving said right-of-way Easterly along the Southerly line of Assessor Parcel 321-030- 71 to the Southeast corner thereof; thence along the Easterly line of Assessor Parcel 321- 030-71 Northwesterly along a curve concave to the East to the Northeast corner thereof, said point being on the Southerly right-of-way of High Valley Road; thence Westerly along said Southerly right-of-way to the Easterly right-of-way of Espola Road; thence Northerly along said Easterly right-of-way to the Southwest corner of Assessor Parcel 321-012-52; thence leaving said right-of-way Northeasterly along the Southeasterly line of Assessor Parcel 321-012-52 to the Northeast corner thereof; thence Westerly along the Northerly line of Assessor Parcel 321-012-52 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 Southerly line of Assessor Parcel 278-450-29; thence Easterly along the Southerly line of Assessor Parcel 278-450-29 to the Southeast corner thereof; thence Northerly along the Easterly line of Assessor Parcel 278-450-29 to the Northeast corner Ordinance No. 807 Page 2 thereof; thence Westerly and Northwesterly along the Northerly line of Assessor Parcel 278-450-29 to the Northwest corner thereof, said point being on the Easterly right-of-way of Espola Road; thence Southerly along said Easterly right-of-way to the Southwest corner of Assessor Parcel 278-450-29; thence Westerly to the Northeast corner of Assessor Parcel 278-450-24, said point being on the Westerly right-of-way of Espola Road; thence Southerly along said Westerly right-of-way to the Northeast corner of Assessor Parcel 321-012-50; thence leaving said right-of-way Westerly along the Northerly line of Assessor Parcel 321-012-50 to the Northwest corner of thereof; thence Southerly along the Westerly lines of Assessor Parcels 321-012-50, 321-012-49 and 321- 012-48 to the Southwest corner of Assessor Parcel 321-012-48; thence Easterly along the Southerly line of Assessor Parcel 321-012-48 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 Northeast corner of Assessor Parcel 321-011-41; thence Westerly along the Northerly line of Assessor Parcel 321-011-41 to the Northwest corner thereof; thence Southerly along the Westerly line of Assessor Parcel 321-011-41 to the Southwest corner thereof; thence Easterly along the Southerly line of Assessor Parcel 321-011-41 to the Southeast corner thereof, said point being on the Westerly right-of-way of Espola Road; thence Easterly 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 12.48.270. 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. Ordinance No. 807 Page 3 Introduced and first read at a Regular Meeting of the City Council of the City of Poway, California, held the 16th of May 2017, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 6th day of June 2017. -Steve Vaus, Mayor ATTEST: �Y-w N ncy e feld, CIVIC, City Clerk 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. 807, was duly adopted by the City Council at a regular meeting of said City Council held on the 6th 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 Y��W� Nanc eufe d, CMC, City Clerk City of Poway