Chapter 15.20

UNDERGROUND DISTRICTS*

Parts:

• 1 Definitions and Regulations

2 Districts Designated and Described

*State law reference— For statutory provisions on conversion of utilities' facilities to underground locations, see Str. And Hwys., Code § 5896.1 et seq. and Gov. Code § 38793.

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§ 15.20.010

Part 1

DEFINITIONS AND REGULATIONS

Sections:

• 15.20.020 Council power to designate districts.

• 15.20.030 Poles and wires - Using or maintaining deemed public nuisance when.

• 15.20.040 Poles and wires - Construction or extension prohibited.

• 15.20.050 Newly designated district - Notification to serving companies.

• 15.20.060 Newly designated district - Notification to property owners.

• 15.20.070 Poles and wires - Failure to remove - Serving company to perform work when.

• 15.20.080 Exceptions - Council authority.

• 15.20.090 Exceptions - Temporary poles and wires.

• 15.20.100 Exceptions - Main circuits and main communication lines.

• 15.20.110 Exceptions - Poles for street lighting, fire alarms and similar equipment.

• 15.20.120 Failure to comply constitutes a misdemeanor.

For the purposes of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.

• A. "Main circuits" means and includes circuits operated in excess of seven hundred fifty volts.

• B. "Main communication lines" means and includes all toll lines and trunk lines.

• C. "Person" means and includes any person, firm, partnership, association, corporation, public utility, organization or business trust.

  • D. "Pole" means and includes any pole or other structure used for the support of wires.

  • E. "Premises" means and includes any parcel of real property, including buildings and/or other structures thereon.

  • F. "Serving company" means the person supplying the electrical service for electric light, heat, power, telephone, telegraph or other purpose.

• G. "Wire" means and includes any wire, cable, conductor or other device or apparatus by, through, over or by means of which electricity is, has been or may be transmitted, conducted or conveyed for the purpose of electric light, heat, power, telephone, telegraph or other purpose.

• (Prior code §§ 8900.1 - 8900.8.)

Whenever it finds that the public health, safety or welfare requires that poles and overhead wires be prohibited within any area in the city, and that existing poles and overhead wires, if any, be removed from such area, the city council may, by ordinance, declare such area an underground district. The council shall, in the ordinance designating the underground district, describe the district, and if poles or overhead wires are to be removed therefrom, specify a reasonable time on or before which such existing poles and overhead wires, if any, must be removed from said district. (Prior code § 8900.9.)

It shall be unlawful, after the time specified for removal of poles and overhead wires in an ordinance designating an underground district, for any person to keep, maintain, continue, use, operate or employ within such underground district, any poles or overhead wires, or to authorize to permit such action; and all such poles and all such overhead

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wires within such an underground district after the time specified for removal of the same shall be deemed and become public nuisance. (Prior code § 8900.10.)

It shall be unlawful, after designation of an underground district, for any person to erect, install, extend or construct any pole or overhead wire within an underground district, or to authorize or permit such action; and any such poles or overhead wires erected, installed, extended or constructed within an underground district after the effective date of the ordinance designating the same shall be deemed and become public nuisances. (Prior code § 8900.11.)

Upon adoption by the city council of an ordinance designating any area in the city as an underground district and specifying the time on or before which poles and overhead wires must be removed from such district, the city electrical inspector, or such other officer or employee of the city as may be designated by the city manager, shall give, on behalf of the city, to any and all serving companies owning, maintaining, operating, using or controlling any poles or overhead wires in the district, written notice to remove such poles and wires from the district on or before the time specified in the ordinance. Such notice may be given at any time after adoption of said ordinance, but no later than the tenth day immediately following the effective date of said ordinance. If any such notice to any company should not be given until after the tenth day following the effective date of said ordinance, the time on or before which said company is required to remove said poles and wire shall be automatically extended from a time equivalent to the time elapsed between the tenth day after the effective date of said ordinance and the date said notice is given. Each said notice shall be given either by delivering the same personally to the office of the serving com-

pany, or by depositing it in the United States mail, postage prepaid, in an envelope addressed to the company.

(Prior code § 8900.12.)

Upon adoption by the city council of an ordinance designating any area in the city as an underground district and specifying the time on or before which poles and overhead wires must be removed from such district, the city electrical inspector, or such other officer or employee of the city as may be designated by the city manager, shall give, on behalf of the city, to each person who owns, possesses or is in control of any premises in such district wherein are situate any poles or overhead wires, written notice to remove such poles and wires from such premises; or, if such poles and wires are not owned, possessed or controlled by such person, written notice to permit and cause the serving companies or other persons controlling or using said poles and wires to remove the same, on or before the time specified by the city council in its said ordinance. Such notices shall be given in the time and manner provided in Section 15.20.050 for giving of notices to serving companies.

(Prior code § 8900.13.)

In the event that the owner or other person in possession or control of any premises in an underground district should fail to remove or to cause or permit the removal of poles and overhead wires from such premises, as required by this chapter, the electrical inspector shall order the serving company or companies to disconnect such services as they may extend to said premises by way of such poles and overhead wires, and said companies shall thereupon disconnect such service. (Prior code § 8900.14.)

In any ordinance designating and declaring an underground district, the council may, whenever it

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finds and determines that the public convenience and necessity so require, provide that certain existing poles and/or overhead wires within such underground district shall be exempt from the provisions of this chapter. (Prior code § 8900.18.)

Notwithstanding any of the provisions of this chapter, in cases of emergency or where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the electrical inspector, subject to approval by the council, may grant special permission to any person to erect, install, maintain, use or operate, in conformity with the applicable provisions of the San José electrical code and the applicable rules and regulations promulgated by or filed with and approved by the California Public Utilities Commission, any pole or overhead wire within any designated underground district for such period of time as may be reasonable in the circumstances. At the expiration of the period of time specified in any such special permit, the permittee therein, if said permittee has not already done so, shall forthwith remove said poles and overhead wires. (Prior code § 8900.15.)

Overhead wires of main circuits and main communication lines crossing through an underground district shall be exempt from the provisions of this chapter, provided the poles supporting the same are not situated within an underground district.

(Prior code § 8900.16.)

Poles used for streetlights, fire alarm boxes, or other similar municipal equipment shall be exempt from the provisions of this chapter. (Prior code § 8900.17.)

Failure of any person to comply with the provisions of this chapter, or with the provisions of any notice authorized by the provisions of this chapter, shall constitute a misdemeanor. (Prior code § 8900.19.)

Part 2

DISTRICTS DESIGNATED AND DESCRIBED

Sections:

• 15.20.160 Central underground district.

• 15.20.170 Lincoln Avenue underground district - May 1957.

• 15.20.180 San Carlos Street underground district.

• 15.20.190 Civic Center underground district.

• 15.20.200 Alum Rock underground district.

• 15.20.210 Stevens Creek Boulevard underground district.

• 15.20.220 Lincoln Avenue underground district - March 1968.

• 15.20.230 Taylor Street Underground District No. 1.

The council of the City of San José finds, determines and declares that the public health, safety and welfare require that poles and overhead wires be prohibited within the areas hereinafter designated in this Part 2 as underground districts, and that existing poles and wires, if any, be removed from such areas and districts on or before the dates specified in the sections designating such district. (Prior code § 8901.1.)

• A. The following territory, hereby named the "Central underground district," is designated as an underground district: All that real property

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situate in the City of San José, County of Santa Clara, state of California, described as follows:

Beginning at the intersection of the easterly line of Market Street and the northerly line of Julian Street; thence southerly along the easterly line of Market Street to the northerly line of St. John Street; thence easterly along the northerly line of St. John Street to the easterly line of First Street; thence southerly along the easterly line of First Street to the centerline of St. John Street; thence easterly along the centerline of St. John Street to the centerline of Third Street; thence northerly along the centerline of Third Street to a line that is parallel with and distant northerly 315 feet measured at right angles from the northerly line of St. John Street; thence easterly along said parallel line to the easterly line of Third Street; thence southerly along the easterly line of Third Street to the northerly line of Santa Clara Street; thence easterly along the northerly line of Santa Clara Street to the westerly line of Tenth Street; thence southerly along the westerly line of Tenth Street to the centerline of Santa Clara Street; thence easterly along the centerline of Santa Clara Street to the easterly line of Tenth Street; thence southerly along the easterly line of Tenth Street to the southerly line of Santa Clara Street; thence westerly along the southerly line of Santa Clara Street to the easterly line of Third Street; thence southerly along the easterly line of Third Street to the northerly line of San Fernando Street; thence easterly 140 feet along the northerly line of San Fernando Street; thence southerly at right angles to the centerline of San Fernando Street; thence easterly 50 feet along the said centerline of San Fernando Street; thence southerly, at right angles, to the southerly line of San Fernando Street; thence westerly along the southerly line of San Fernando Street to

line of San Fernando Street; thence easterly 140 feet along the northerly line of San Fernando Street; thence southerly at right angles to the centerline of San Fernando Street; thence easterly 50 feet along the said centerline of San Fernando Street; thence southerly, at right angles, to the southerly line of San Fernando Street; thence westerly along the southerly line of San Fernando Street to

the easterly line of Third Street; thence southerly along the easterly line of Third Street to the northerly line of San Antonio Street; thence westerly along the northerly line of San Antonio Street to the centerline of Third Street; thence northerly 190 feet along the centerline of Third Street; thence westerly at right angles to the westerly line of Third Street; thence southerly along the westerly line of Third Street to the southerly line of San Antonio Street; thence westerly along the southerly line of San Antonio Street to the easterly line of Second Street; thence southerly along the easterly line of Second Street to a point 90 feet south of the southerly line of San Carlos Street measured along the easterly line of Second Street; thence westerly, at right angles to the westerly line of Second Street; thence northerly along the westerly line of Second Street to the southerly line of San Carlos Street; thence westerly along the southerly line of San Carlos Street to the easterly line of First Street; thence southerly along the easterly line of First Street to the easterly prolongation of the centerline of Willow Street; thence westerly along the said prolongation of the centerline of Willow Street to the centerline of First Street; thence southerly along the centerline of First Street 110 feet; thence westerly at right angles, to the westerly line of First Street; thence northerly along the westerly line of First Street to a point 170 feet south of the south line of Pierce Street measured along the westerly line of First Street; thence easterly, at right angles, to the centerline of First Street; thence northerly along the centerline of First Street to the southerly line of William Street; thence westerly along the southerly line of William Street to the easterly line of Market Street; thence westerly on a line to the intersection of the northerly line of West William Street and the westerly line of Market Street; thence northerly 40 feet along the westerly line

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of Market Street; thence easterly, at right angles, to the centerline of Market Street; thence northerly along the centerline of Market Street to a line that is at right angles to the easterly line of Market Street and 300 feet northerly of the intersection of the westerly line of William Street and the easterly line of Market Street, measured along the easterly line of Market Street; thence easterly, at right angles, to the easterly line of Market Street; thence southerly 300 feet along the easterly line of Market Street to the northerly line of William Street; thence easterly along the northerly line of William Street to the westerly line of First Street; thence northerly along the western line of First Street to the southerly line of San Salvador Street; thence westerly along the southerly line of San Salvador Street to the easterly line of Market Street; thence westerly on a line to the intersection of the northerly line of Viola Avenue and the westerly line of Market Street; thence northerly along the westerly line of Market Street and West Market Street to the southerly line of San Fernando Street; thence westerly along the southerly line of San Fernando Street to a point 160 feet westerly of the westerly line of Almaden Avenue measured along the southerly line of San Fernando Street; thence northerly, at right angles, to the center. line of San Fernando Street; thence easterly along the centerline of San Fernando Street to the westerly line of Almaden Avenue; thence northerly 100 feet along the westerly line of Almaden Avenue; thence easterly, at right angles, to the centerline of Almaden Avenue; thence southerly along the centerline of Almaden Avenue to the northerly line of San Fernando Street; thence easterly along the northerly line of San Fernando Street to the westerly line of San Pedro Street; thence northerly along the westerly line of San Pedro Street to the southerly line of Santa Clara Street;

• thence westerly along the southerly line of Santa Clara Street to the westerly line of Cahill Street; thence northerly, at right angles, to the centerline of Santa Clara; thence westerly along the centerline of Santa Clara Street to the easterly right-of-way of the Southern Pacific Company; thence northerly along the said easterly right-of-way line to the northerly line of Santa Clara Street; thence easterly along the northerly line of Santa Clara Street to the westerly line of San Pedro Street; thence northerly along the westerly line of San Pedro Street to a point 50 feet southerly from the southerly line of San Augustine Street and measured along the westerly line of San Pedro Street; thence easterly, at right angles, to the centerline of San Pedro Street; thence northerly along the centerline of San Pedro Street to the northerly line of San Augustine Street; thence easterly along the northerly line of San Augustine Street to the westerly line of Market Street; thence northerly along the westerly line of Market Street to the northerly line of Julian Street; thence easterly along the northerly line of Julian Street to the point of beginning.

Street; thence northerly along the centerline of San Pedro Street to the northerly line of San Augustine Street; thence easterly along the northerly line of San Augustine Street to the westerly line of Market Street; thence northerly along the westerly line of Market Street to the northerly line of Julian Street; thence easterly along the northerly line of Julian Street to the point of beginning.

• B. Any and all poles and overhead wires situate within the boundaries of the hereinabove described district shall be removed from said district on or before the first day of May 1957.

• (Prior code § 8901.2.)

• A. The following territory, hereby named the "Lincoln Avenue underground district," is designated as an underground district: All that real property situate in the City of San José, County of Santa Clara, state of California, described as follows: Beginning at the point of intersection of the westerly line of Lincoln Avenue (80 feet wide) and the southerly line of the Los Gatos Creek; thence southerly along the westerly line of Lincoln Avenue to the northerly

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line of Minnesota Avenue; thence easterly on a straight line to the intersection of the northerly line of Minnesota Avenue and the easterly line of Lincoln Avenue; thence northerly along the easterly line of Lincoln Avenue to its intersection with the southerly line of the Los Gatos Creek; thence westerly along the said southerly line of the Los Catos Creek to the point of beginning.

• B. Any and all poles and overhead wires situate within the hereinabove described district shall be removed from said district on or before the first day of May, 1957.

(Prior code § 8901.3.)

• A. The following territory hereby named the "San Carlos Street underground district," is designated as an underground district: All that real property situate in the City of San José, County of Santa Clara, state of California, described as follows:

  • A strip of land one hundred fifty feet wide the centerline of which is described as follows: Beginning at the point of intersection of the westerly line of Market Street and a line parallel with and distant southerly 13 feet, measured at right angles, from the northerly line of West San Carlos Street (60 feet wide); thence westerly along said parallel line to its intersection with the easterly prolongation of a line parallel with the distant northerly 13 feet, measured at right angles, from the southerly line of that portion of West San Carlos Street (60 feet wide) westerly of the westerly line of the Prevost Survey as said survey is shown upon that map of the Prevost Survey filed in Book A, page 401 of Maps in the office of the county recorder of Santa Clara County, state of California; thence westerly along said easterly prolongation of a line parallel with and distant northerly 13 feet, measured at right angles, from the southerly line of West San Carlos Street, and continuing westerly along the last-

mentioned parallel line, to its intersection with the northerly prolongation of the easterly line of Royal Avenue; thence westerly on a line parallel with and distant northerly 47 feet, measured at right angles, from the southerly line of that portion of West San Carlos Street between Royal Avenue and Los Gatos Creek to the Los Gatos Creek.

• B. Any and all poles and overhead wires situate within the boundaries of the hereinabove described district shall be removed from said district on or before the first day of May, 1957.

• (Prior code § 8901.4.)

• A. The city council finds, determines and declares that the public health, safety and welfare require that poles and overhead wires be prohibited within that certain area hereinafter described and designated as an underground district, and that existing poles and wires, if any, be removed from such area, on or before May 1, 1958.

• B. The area hereinabove mentioned in this section, which shall be known as the "Civic Center underground district," is designated as an underground district, said area being all that real property situate in the City of San José, County of Santa Clara, state of California, described as follows: Beginning at the intersection of the southwesterly line of Guadalupe Parkway, 112 feet wide, and the southwesterly prolongation of the southeasterly line of Mission Street, 90 feet wide; thence from said point of beginning northwesterly along the said southwesterly line of Guadalupe Parkway to the southwesterly prolongation of the northwesterly line of Rosa Street, 112 feet wide; thence northeasterly along the northwesterly line of Rosa Street, 112 wide, to the southeasterly prolongation of the southwesterly line of First Street, 80 feet wide; thence southeasterly along the said southeasterly prolongation of the southwesterly line of First Street, 80 feet wide, to the southwesterly pro-

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longation of the northwesterly line of Rosa Street, 80 feet wide (northeasterly of First Street); thence northeasterly along the said prolongation of the northwesterly line of Rosa Street, 80 feet wide, to a line which is parallel with and 15 feet easterly, measured at right angles, from the northeasterly line of First Street; thence southeasterly along said parallel line to the center line Mission Street, 80 feet wide, (northeasterly of First Street); thence along the southwesterly prolongation of the said centerline of Mission Street to the northwesterly prolongation of the southwesterly line of First Street (south of Mission Street) 80 feet wide; thence southeasterly along the said northwesterly prolongation of the southwesterly line of First Street to the southeasterly line of Mission Street, (west of First Street); thence southwesterly along the said southeasterly line of Mission Street to the point of beginning.

(Prior code § 8901.5.)

• A. The following territory, hereby named the "Alum Rock underground district," is designated as an underground utilities district: All that real property situate in the City of San José, County of Santa Clara, state of California, described as follows:

Parcel No. 1

Beginning at the point of intersection of the centerline of Alum Rock Avenue with the centerline of King Road; thence northwesterly along said centerline of said King Road to where said centerline intersects a line that is parallel to and 80 feet northwesterly, measured at right angles, from the said centerline of said Alum Rock Avenue; thence northeasterly along said parallel line and 80 feet northwesterly, measured at right angles, from the said centerline of said Alum Rock Avenue; to where said parallel line meets the northeast-

• erly line of that certain 8.22 acre parcel of land described in the Decree of Distribution, in the Matter of the Estate of Earle W. Heple, deceased, in the Superior Court of the State of California, in and for the County of Santa Clara, Case No. 36847, dated August 13, 1957, recorded in the office of the county recorder of Santa Clara County in Book 3866 of Official Records, at page 620, Records of Santa Clara County; thence southeasterly along said northeasterly line of the last abovementioned parcel to where said northeasterly line meets the northwesterly line of Alum Rock Avenue (100 feet wide); thence northeasterly along said northwesterly line of Alum Rock Avenue to a point which is located South 59°20' West 352.06 feet along the southeasterly line of Alum Rock Avenue (100 feet wide) and North 42°56'01" West 102.34 feet from an iron pipe marking the intersection of said southeasterly line of Alum Rock Avenue with the centerline of Sunset Avenue; thence leaving said northwesterly line of Alum Rock Avenue and running across said Avenue South 42°56'01" East 102.34 feet to a point in the southeasterly line of said Alum Rock Avenue, said point being distant along said southeasterly line South 59°20' West 352.06 feet from the hereinabove mentioned iron pipe in the centerline of Sunset Avenue; thence southwesterly along said southeasterly line of Alum Rock Avenue, said southeasterly line being also the northwesterly line of Lots 13, 12 and 11 of Alta Vista Tract, a map of which is recorded in the office of the county recorder of Santa Clara County in Book F-3 of Maps at page 89, records of Santa Clara County, South 59°20' West 371.59 feet more or less to the most northerly corner of Lot 10 of said Alta Vista Tract; thence South 30°40' East along a line perpendicular to said southeasterly line of said Alum Rock Avenue 30.00 feet to a line which is parallel to

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and 80 feet southeasterly from the centerline of said Alum Rock Avenue, measured at right angles; thence southwesterly along said parallel line and 80 feet southeasterly, measured at right angles, from the said centerline of said Alum Rock Avenue to where said parallel line intersects the centerline of King Road; thence northwesterly along the said King Road to the point of beginning.

Parcel No. 2

Beginning at the point of intersection of the monument line of Alum Rock Avenue (or varied width) and the southeasterly prolongation of the centerline of Manning Avenue (50 feet wide) as said monument line and avenues are shown on that certain map entitled "Map of Studio Heights" recorded in the office of the county recorder of Santa Clara County in Book P of Maps at page 10, Records of Santa Clara County; thence northwesterly along said southeasterly prolongation and continuing northwesterly along the centerline of said Manning Avenue to where said center. line intersects a line that is parallel to and 80 feet northwesterly, measured at right angles from the said monument line of said Alum Rock Avenue; thence southwesterly along said parallel line and 80 feet northwesterly, measured at right angles from the said monument line to the centerline of White Road (60 feet wide) as said Road is shown on the map of Studio Heights hereinabove referred 2885 to; thence southeasterly along said centerline of White Road to a point, said point being the intersection of said centerline of White Road with the northeasterly prolongation of the northwesterly line of Alum Rock Avenue (100 feet wide) as said avenue is shown on that certain map entitled "Map of the Chas. E. White Subdivision" recorded in the office of the county recorder of Santa Clara County in Book 1 of

outheasterly along said centerline of White Road to a point, said point being the intersection of said centerline of White Road with the northeasterly prolongation of the northwesterly line of Alum Rock Avenue (100 feet wide) as said avenue is shown on that certain map entitled "Map of the Chas. E. White Subdivision" recorded in the office of the county recorder of Santa Clara County in Book 1 of

Maps at page 129, Records of Santa Clara County; thence southwesterly along said northeasterly prolongation of said northwesterly line and along said northwesterly line of Alum Rock Avenue and along the southeasterly line of Lot Nos. 1 through 7 in said Chas. E. White Subdivision to a point, said point being the intersection of the said northwesterly line of Alum Rock Avenue with the centerline of Pala Avenue as said avenue is shown on that certain map entitled "American City Subdivision, being a re-subdivision of part of Lots 7 and 11 of the Chas. E. White Subdivision" recorded in the office of the county recorder of Santa Clara County in Book Il of Maps at pages 32 and 33, Records of Santa Clara County; thence northwesterly along said centerline of Pala Avenue to where said centerline intersects a line that is parallel to and 80 feet northwesterly, measured at right angles from the centerline of said Alum Rock Avenue; thence southwesterly along said parallel line and 80 feet northwesterly, measured at right angles from said centerline of said Alum Rock Avenue to where said parallel line meets the southwesterly line of that certain 37.55 acre parcel of land conveyed by Arthur Luz et ux, to San José Abstract and Title Co., A corporation, recorded in the office of the county recorder of Santa Clara County in Book 1177, Official Records at page 505, Records of Santa Clara County; thence southeasterly along said southwesterly line of the last abovementioned parcel to where said southwesterly line meets the northwesterly line of Alum Rock Avenue (100 feet wide); thence southwesterly along the northwesterly line of said avenue to a point, said point being South 59°20' West 311.13 feet along the southeasterly line of said Alum Rock Avenue and North 42°56'01" West 102.34 feet from an iron pipe a the intersection of the southeasterly line Alum Rock Avenue with the

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centerline of Sunset Avenue (60 feet wide) as said Sunset Avenue is shown on the map of the Alta Vista Tract recorded in Book F3 of Maps at page 89, Santa Clara County Official Records; thence South 42°56'01" East 102.34 feet to a point in the southeasterly line of Alum Rock Avenue; thence. North 50°20' East 2.65 feet more or less along the southeasterly line of said avenue to a point in the dividing line between Lot Nos. 13 and 14 in said Alta Vista Tract; thence southeasterly along the common line between said Lots 13 and 14 to where said common line meets a line which is parallel to and 80 feet southeasterly from the centerline of sand Alum Rock Avenue measured at right angles; thence northeasterly along said parallel line and 80 feet southeasterly, measured at right angles from the said centerline of sand Alum Rock Avenue to where said parallel line intersects the centerline of White Road (60 feet wide); thence continuing in a northeasterly direction along a line that is parallel to and 80 feet southeasterly measured at right angles from the monument line of Alum Rock Avenue, hereinabove first mentioned, to where said parallel line meets the centerline of Miller Avenue (40 feet wide) as said avenue is shown on that certain map entitled "Map of Home Acres" recorded in the office of the county recorder of Santa Clara County in Book N of Maps at page 57, Records of Santa Clara County; thence northwesterly along the said centerline of said Miller Avenue and continuing northwesterly along the northwesterly prolongation thereof to where said prolongation intersects the monument line of said Alum Rock Avenue; thence southwesterly 3.38 feet more or less along the said monument line to the point of beginning.

• B. Any and all poles and overhead wires situate within the boundaries of the hereinabove de-

scribed district shall be removed from said district on or before the first day of September, 1959.

(Prior code § 8901.6.)

• A. The following territory, hereby named the "Stevens Creek Boulevard underground district," is hereby designated as an underground utilities district: All that real property situate in the City of San José, County of Santa Clara, state of California, described as follows:

Parcel No. 1

Beginning at an iron pipe at the point of intersection of the southerly line of Stevens Creek Road and the centerline of Monroe Street as said pipe, road and street are shown upon that certain map entitled, "Tract No. 832 Stevens Park Addition," filed for record in the office of the county recorder, Santa Clara County, state of California, on January 8, 1951, in Book 31 of Maps, at page 33; thence northerly along the centerline of said Monroe Street 156.00 feet to the point of intersection of the prolongation of the centerline (monument line) of said Monroe Street with a line parallel to and distant 93.00 feet northerly, measured at right angles from the centerline (monument line) of said Stevens Creek Road (126 feet wide); thence westerly along said line parallel to and distant 93.00 feet northerly, measured at right angles from the centerline of Stevens Creek Road (126 feet wide), 989.91 feet more or less to the point of intersection of said parallel line with the westerly line of that certain parcel of land described in the deed from Frank Marty, Jr., and Hedy Marty, his wife, to Pioneer Investors Savings and Loan Association, a corporation, recorded in the office of the county recorder, Santa Clara County, state of California, on April 10, 1956, in Book 3472 of Official Re-

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cords at page 456; thence at right angles to said parallel line, southerly 93.00 feet to the aforesaid centerline of Stevens Creek Road; thence westerly along said centerline of Stevens Creek Road 994.60 feet more or less, to the intersection of said centerline (monument line) and the easterly line of Winchester Boulevard; thence southerly along the easterly line of Winchester Boulevard 93.00 feet; thence easterly along a line parallel to and distant 93.00 feet southerly, measured at right angles to the aforesaid centerline (monument line) of Stevens Creek Road 1984.51 feet, more or less, to the intersection of said parallel line and the aforesaid centerline of Monroe Street; thence northerly along said centerline of Monroe Street 30.00 feet to the point of beginning.

Parcel No. 2

A uniform strip of land forty-five feet wide, the northerly line of which being more particularly described as follows:

Beginning at a point on the southerly line of Stevens Creek Road (90 feet wide), distant thereon East 388.50 feet from the intersection of said southerly line of Stevens Creek road with the centerline of Hanson Avenue as said road and avenue are shown upon that certain map entitled, "Tract No. 1071, Winchester Manor," recorded January 13, 1953, in the office of the recorder of Santa Clara County, state of California, in Book 41 of Maps at page 30; thence westerly along the southerly line of Stevens Creek Road 3760 feet, more or less, to the most westerly line of that certain parcel of land described in the deed to Lachman Bros., a corporation, from George L. Honore, Jr., et ux, recorded March 30, 1956, in the office of the recorder of Santa Clara County, state of California, in Book 3453, at page 177.

Parcel No. 3

Beginning at a point on the centerline of Boynton Avenue distant thereon South 0°19' East 60.00 feet from the monument line of Stevens Creek Road, said centerline of Boynton Avenue, being also the common line of Lot 2 and Lot 3 as said lots are shown upon the map of the "Francis Smith Subdivision," recorded in the office of the county recorder, Santa Clara County, state of California, in Book I of Maps, at page 31; thence easterly along a line parallel to and distant 60.00 feet southerly, measured at right angles from the monument line of Stevens Creek Road, 440 feet more or less to the easterly line of that certain parcel of land as described in the deed to Avery H. Smith and Dorothy Jean Smith from Western Title Guaranty Company, recorded January 29, 1960, in the office of Santa Clara County Recorder, in Book 4680 of Official Records, at page 185; thence southerly along said easterly line of said Smith parcel 45.00 feet; thence westerly along a line parallel to and distant 105.00 feet southerly, measured at right angles from the monument line of Stevens Creek Road, 1591.71 feet more or less, to the intersection of said parallel line with the centerline of Saratoga Avenue, thence northeasterly along said centerline of Saratoga Avenue, 54.51 feet, more or less, to a point which lies 60.00 feet southerly, measured at right angles from said monument line of Stevens Creek Road; thence easterly along a line parallel to and 60.00 feet southerly, measured at right angles from said monument line of Stevens Creek Road, 1120.96 feet, more or less, to the point of beginning.

Parcel No. 4

A uniform strip of land 45.00 feet wide, the northerly line of which being more particularly described as follows:

Beginning at a point on the southerly line of Stevens Creek Boulevard, distant thereon

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North 89°23'00" East 520.01 feet from the intersection of said southerly line of Stevens Creek Boulevard, and the centerline of Richfield Drive as said boulevard and drive are shown upon that certain map entitled, "Tract No. 3525," recorded July 25, 1963, in the office of the county recorder, Santa Clara County, state of California, in Book 164 of Maps at pages 18 and 19; thence along said southerly line of Stevens Creek Boulevard South 89°23'00" West 784.14 feet.

Parcel No. 5

A uniform strip of land forty-five feet wide, the northerly line of which being more particularly described as follows:

Beginning at a point on the southerly line of Stevens Creek Road, distant thereon North 89°41'00" East 436.43 feet from the intersection of said southerly line of Stevens Creek Road with the centerline of Casa View Drive, as said road and drive are shown upon that certain map entitled, "Tract No. 1544, Casa View Oaks," recorded September 26, 1955, in the office of the county recorder, Santa Clara County, state of California, in Book 63 of Maps, at page 4; thence along said southerly line of Stevens Creek Road South 89°41'00" West 1974.23 feet.

• B. Any and all poles and overhead wires situate within the boundaries of the hereinabove described district shall be removed from said district on or before the first day of September 1964.

(Prior code § 8901.7.)

• A. The council of the city hereby finds, determines and declares that the public health, safety and welfare require that poles and overhead wires be prohibited within that certain area hereinafter described and designated as an un-

• derground district, and that existing poles and overhead wires be removed from such area on or before the date hereinafter specified. The area hereinabove mentioned in this section, which shall be known as the "Lincoln Avenue underground district," is designated as an underground district, said area being all that real property situate in the City of San José, County of Santa Clara, state of California, described as follows: A strip of land one hundred fifty feet wide, the centerline of which is described as follows: Beginning at a granite monument at the intersection of the centerline of that portion of Lincoln Avenue running southerly from Minnesota Avenue, with the centerline of that portion of Minnesota Avenue running easterly from Lincoln Avenue, as said granite monument is shown upon that certain map entitled, "Record of Survey of that portion of Lot 11, as shown on map of O.E. Colton Subdivision, Recorded in "H" Maps 15, and of the property southwesterly thereof owned by Bessie L. Mascovich," which map was filed for record on April 23, 1948, and recorded in Book 17 of Maps at page 32, Santa Clara County Records; thence along the monument line of Lincoln Avenue, South 430°13'13" East 389.24 feet to a granite monument; thence leaving said monument line South 430°13'13" East 161.10 feet to the beginning of a curve; thence on a tangent curve concave westerly with a radius of 2250 feet through a central angle of 8°53'17", an arc distance of 349.03 feet to a point on said monument line of Lincoln Avenue; thence along said monument line South 34°19'56" East 304.80 feet to the beginning of a curve; thence leaving said monument line, on the arc of a curve concave westerly, with a radius of 1700 feet, through a central angle of 19°07'26", an arc distance of 567.42 feet to a point on said monument line of Lincoln Avenue, said point being North 150°12'30" West 48.52 feet from the centerline of Ellis Avenue; thence along said monument line, South 150°12'30" East 466.38 feet to a granite

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monument at the centerline of Pine Avenue; thence South 14°42'43" East 447.72 feet to the beginning of a curve; thence along the arc of a curve concave easterly with a radius of 900 feet, through a central angle of 15°22'35", an arc distance of 241.52 feet to a point of tangency on said monument line, said point being North 30°05'18" West 48.47 feet from the centerline of Laurie Avenue; thence along said monument line the following courses: South 30°05'18" East 201.35 feet to a brass pin at the centerline of Norval Way, south 30°07'21" East 293.18 feet to a granite monument at the centerline of Clark Way, South 30°05'50" East 303.96 feet to a granite monument at the centerline of Roycott Way, South 30°06'59" East 304.09 feet to a granite monument at the centerline of Lennon Way, South 30°06'59" East 275.23 feet to a granite monument at the centerline of Malone Road, South 27°40'27" East 692.43 feet to a granite monument at the centerline of Lincoln Court, South 27°40'27" East 802.09 feet to a brass pin at the centerline of Curtner Avenue, South 27°48'40" East 283.92 feet to a granite monument at the centerline of Pasco Avenue, South 27°48'04" East 283.76 feet to the centerline of Roy Avenue, South 27°47'19" East 280.88 feet to the centerline of Manor Drive, South 27°48'40" East 282.22 feet to a granite monument at the centerline of Mayette Avenue, South 27°50'00" East 348.91 feet to the centerline of Husted Avenue, South 27°50'10" East 164.93 feet to a granite monument, South 27°47'55" East 164.30 feet to a granite monument, South 66°38'55" East 55.49 feet to a granite monument in Lincoln Avenue, as said granite monument is shown upon that certain map entitled, "Tract No. 852 Lincoln Glenn Subdivision Unit No. 2," which map was filed for record on June 19, 1951, in Book 33 of Maps, at page 50, Santa Clara County Records, the southerly terminus of said one hundred fifty foot strip being at right angles to the last described course and the northerly terminus being the centerline of Minnesota Avenue.

• B. Any and all poles and overhead wires situate within the boundaries of the hereinabove district shall be removed from said district on or before March 1, 1968.

(Prior code § 8901.8.)

• A. The council of the city hereby finds, determines and declares that the public health, safety and welfare require that poles and overhead wires be prohibited within that certain area hereinafter described and designated as an underground noon district and that existing poles and overhead wires be removed from such area on or before the date hereinafter specified. The area hereinabove mentioned in this section, which shall be known as the "Taylor Street underground district No. 1," is hereby designated as an underground district, said area being all that real property situate in the City of San José, County of Santa Clara, state of California, described as follows:

Parcel No. 1

A strip of land one hundred sixty feet wide, the centerline of which is described as follows: Commencing at the intersection of the centerline of First Street (80 feet wide) with the centerline of Taylor Street (80 feet wide) as said streets are shown on that certain "Map of Vendome Park," filed for record in the office of the county recorder, Santa Clara County, state of California, on March 3, 1924, in Book "R" of Maps, page 34; thence southwesterly along the produced prolongation of the aforesaid centerline of Taylor Street 55 feet to the true point of beginning of this description; thence continuing southwesterly along the aforesaid prolongation of the centerline of Taylor Street a distance 721.25 feet to the centerline of San Pedro Street (60 feet wide) as streets are shown on that certain "Map of the Cook Subdivision," filed for record in the of-

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fice of the county recorder, Santa Clara County, state of California, on March 18, 1924, in Book "S" of Maps, page 9; thence continuing southwesterly along the prolongation of the aforesaid centerline of Taylor Street a distance of 192.91 feet to a tangent curve; thence along said curve concave southeasterly with a radius of 1200 feet, through a central angle of 6°38'18", an arc length of 139.03 feet.

Parcel No. 2

A strip of land fifty-five feet wide the northeasterly line of which is described as follows: Beginning at the intersection of the centerline of First Street (80 feet wide) with the produced prolongation of the northwesterly line of that Lot 21, as said streets and lots are shown on that certain map of the "Vendome Addition," filed for record in the office of the county recorder, Santa Clara County, state of California, on March 6, 1894, in Book "H" of Maps, page 35; thence from said point of beginning southeasterly along the aforesaid centerline of First Street a distance of 190 feet to a granite monument, which lies northwesterly 5.00 feet from the intersection of the centerline of North First Street with the centerline of Taylor Street, as shown on that certain map of the "Vendome Park Unit 1," filed for record in the office of the county recorder, Santa Clara County, state of California, on March 3, 1924, in Book "R" of Maps, page 34; thence continuing southeasterly along the aforesaid centerline of First Street a distance of 316.40 feet to the intersection of the produced prolongation of the southeasterly line of Lot 21 with the centerline of First Street, as said lot and street are shown on that certain map of the "Hobson Tract," filed for record in the office of the county recorder, Santa Clara County, state of California on February 28, 1887 in Book "B" of Maps, page 49.

• B. Any and all poles and overhead wires situate within the boundaries of the hereinabove district shall be removed from said district on or before April 1, 1968.

(Prior code § 8901.9.)