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CC Resolution No. 99-101RESOLUTION NO. 99-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CREATING A SPECIFIC UNDERGROUND UTILITY DISTRICT AND ESTABLISHING UTILITY DISTRICT NO. 17, STEVENS CREEK BOULEVARD BETWEEN TANTAU AVENUE AND STERN AVENUE BE IT RESOLVED by the City Council of the City of Cupertino as follows: WHEREAS, by Resolution No. 99-081, a public hearing was called for Monday, April 5, 1999, at the hour of 6:45 p.m. in the Council Chamber in City Hall, Cupertino, California, to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and facilities for supplying electric, communication, or similar or associated service, witlfin that certain area of the City described as Stevens Creek Boulevard Between Tantau Avenue and Stem Avenue; and WHEREAS, notice of such heating has been 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; and WHEREAS, such heating has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that pursuant to Section 14.20 of the Cupertino Municipal Code, the above described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 17 of the City of Cupertino. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said District. BE IT FURTHER RESOLVED, that the City Council does hereby order the removal of all poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communmation, or similar associated service within Underground Utility District No. 17. BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 17 of the adoption of this resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property, desire to continue to receive electric, communication, or similar or associated service, they or such 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, subject to applicable roles, regulations, and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this resolution, together with a copy of said Section 14.20 of the Cupertino Municipal Code, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Resolution No. 99-101 BE IT FURTHER RESOLVED AS FOLLOWS: The Underground Utility District herein created is in the general public interest for the following reason: (1) 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of April, 1999, by the following vote: Vote AYES: BURNETT, NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: City Clerk Member__s of th___~e City Council CHANG, JAMES, STATTON, DEAN APPROVED: Mayor, Cit~ of C~l/pertino LINE TABLE LINE DIRECTION DISTANCE L1 S89'44-'22"W 155.00' L2 L3 N89'37'OO"E N89'37'OO"E 135.00' 125.00' L4 NOO'23'OO"W 75.00' L5 NOO'23'OO"W 0.20' L6 S00'23'00"E 43.31' N6g'37'OO"E L7 125.00' LEGEND DISTRICT BOUNDARY PROPERTY UNE ~375-07 , -003 POB ~S89'44'00"W Li · 60' ~3°'°0' STEVENS CREEK BL~/D' I :, F '.~': /-D'~6;;>~/'' < -072I-071 I < /-o~a I~'~7;' L~l~ ~ ~-: .,~;-/ ~ I I~ i~ ~ i,:"'" IFI~ . I' 370.00' ' ~ :,o. oo' I vT ~lq I I< TRACT NO. 550 EXHIBIT A RANCHO RINCONADA UNDERGROUNDING DISTRICT NUMBER 17 CUPERTINO, CAIFORNIA AREA OF DISTRICT: 5.15 ACRES TRACT NO. 502 ~- 60' TRACT NO. 1164 SCALE: 1" = 200'