RES-2008-021RESOLUTION NO. 2008- 021
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF CERTAIN TEMPORARY
CONSTRUCTION EASEMENTS ON PROPERTY LOCATED
AT 1696 WEST KATELLA AVENUE FOR THE PURPOSES OF
THE KATELLA AVENUE SMART STREET NINTH STREET
TO HUMOR DRIVE PROJECT (APN 090 651 -01)
WHEREAS, the City of Anaheim has been investigating the acquisition of certain
temporary construction easements for property located at 1696 West Katella Avenue
"Property for the purposes of accommodating building modifications required by public
roadway improvements consistent with the circulation element of the General Plan of the City of
Anaheim; and
WHEREAS, after no less than fifteen (15) days written notice to the owners of the
Property referenced above, and more specifically described in the legal description attached
hereto as Exhibit "A and depicted in Exhibit `B," which legal descriptions are incorporated
herein by reference, the City Council of the City of Anaheim, on March 4, 2008, held a hearing
for the purposes of allowing the record owners of such property reasonable opportunity to appear
and be heard regarding the City's identification of the "Project and on the following matters:
A. Whether the public interest and necessity require the Project;
B. Whether the Project is planned or located in a manner which is most compatible
with the greatest public good and the least private injury;
C. Whether the Property proposed to be acquired is necessary for the Project; and
D. Whether the offer required by Government Code 7267.2 had been given to the
owners of record;
and whether the City had properly exercised all of its statutory responsibilities and duties
antecedent to the exercise of eminent domain to acquire temporary construction easements as
described herein over the Property, including review under CEQA; and
WHEREAS, the City Council, as a result of such hearing, has determined that the public
health, safety and welfare require that the City acquire the temporary construction easements
more particularly described herein in the Property, for the purposes of widening and improving
Katella Avenue, pursuant to the Katella Avenue Smart Street Ninth Street to Humor Drive
Project "Project and
WHEREAS, the Project for which the Property to 6e acquired is sought has previously
been reviewed under applicable environmental review procedures, including Environmental
Impact Report No. 538 certified in February 1993 under the Final Environmental Impact Report
(Hereinafter "E.I.R. through the Orange County Transportation Authority "OCTA for the
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Katella Avenue Smart Street Ninth Street to Humor Drive Project, and the addendum reviewed
and approved by the Anaheim City Council thereto on or about May 8, 2007; and
WHEREAS, the City of Anaheim is authorized to acquire temporary construction
easements in the Property under authority of its own charter, and Government Code 37350.5
and 40404;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim,
California, that the City Council does hereby find, determine and declare upon evidence
presented to the City Council as follows:
SECTION I. The Project for which the property is being acquired is the Katella Avenue
Smart Street Ninth Street to Humor Drive Project which consists of the widening and
improving of Katella Avenue, including installation of street landscaping and public utilities.
The Location of the Project is depicted generally in the project precise alignment dated March 8,
2005 and presented to the City Council previously as part of the earlier resolution of necessity
considered on this Project, and in connection with this Property, on or about May 8, 2007.
SECTION II. The Property to be acquired herein consists of temporary construction
easements on and over property located at 1696 West Katella Avenue (Assessor Parcel No. 090-
651-01). The temporary construction easements the City seeks to acquire consist of the
following:
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A. Temporary Construction Easement for Construction of New Exit:
The Temporary Construction Easement for Construction of New Exit is a non-
exclusive, temporary easement which permits the City of Anaheim, its officers,
agents, employees, and contractors to enter upon, occupy, or pass over those
portions of the existing structure located at 1696 West Katella Avenue within the
approximately 84 square feet of area described as Parcel A in the legal description
attached hereto as Exhibit A, as may be necessary or appropriate for the purposes
of modifying, relocating, repairing, or otherwise reconfiguring existing structural
improvements to remove the existing window and solid wall beneath, and to
construct a new exit and concrete landing, to provide a new emergency exit for
the structure as part of the work otherwise to be undertaken pursuant to the
Building Modification Easement described in Anaheim City Council Resolution
No. 2007 -062. All construction work pursuant to the Temporary Construction
Easement for Construction of New Exit shall be performed consistent with the
approved plans entitled "Building Modifications for Western Dental Building
1696 W. Katella Avenue, Anaheim, CA 92802," dated October 10, 2007. The
Temporary Construction Easement for Construction of New Exit shall not include
the right to store any materials or park any vehicles within the easement area
which are not incidental to the work to be performed thereon, nor exercise the
uses of the easement outside of the temporary construction easement area. The
rights granted hereunder shall commence immediately upon written notification to
the property owner of record, and shall continue in full force and effect until
written notice to the owner of record that the temporary construction easement is
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no longer needed, or six (6) months after the notice of the initiation of the
temporary construction easement, whichever is earlier.
B. Temporary Construction Easement for Modification of Existing Roof Diaphragm:
The Temporary Construction Easement for Modification of Existing Roof
Diaphragm is a non exclusive, temporary easement which permits the City of
Anaheim, its officers, agents, employees, and contractors to enter upon, occupy,
or pass over those portions of the existing structure located at 1696 West Katella
Avenue within the approximately 656 square feet of area described as Parcel B in
the legal description attached hereto as Exhibit A, as may be necessary or
appropriate for the purposes of modifying, relocating, repairing, or otherwise
reconfiguring existing structural improvements to construct a new seismic
collector to pull lateral loads from the roof diaphragm to the new moment frame,
if necessary, as part of the work otherwise to be undertaken pursuant to the
Building Modification Easement described in Anaheim City Council Resolution
No. 2007 -062 "Resolution All construction work pursuant to the Temporary
Construction Easement for Modification of Existing Roof Diaphragm shall occur
above the existing ceiling of the occupied area of 1696 West Katella Avenue, and
shall be performed consistent with the approved plans entitled "Building
Modifications for Western Dental Building 1696 W. Katella Avenue, Anaheim,
CA 92802," dated October 10, 2007. In connection with the exercise of the
temporary construction easement rights hereunder, the City shall protect all
interior occupied habitable portions of the existing structure at 1696 W. Katella
Avenue, and shall take access to the easement area solely through the exterior of
the structure, through other rights of way or temporary construction easements
previously identified in the Resolution. The Temporary Construction Easement
for Modification of Existing Roof Diaphragm shall not include the right to store
any materials or park any vehicles within the easement area which are not
incidental to the work to be performed thereon, nor exercise the uses of the
easement outside of the temporary construction easement area. The rights granted
hereunder shall commence immediately upon written notification to the property
owner of record, and shall continue in full force and effect until written notice to
the owner of record that the temporary construction easement is no longer needed,
or six (6) months after the notice of the initiation of the temporary construction
easement, whichever is earlier
SECTION III. The public interest and necessity require the Project, in that the City's
General Plan, and specifically the Circulation Element, calls for the improvement of Katella
Avenue in the manner contemplated by the Project. The temporary construction easements in
connection with the building modifications which are a part of the Project are designed and
intended to preserve the structural integrity of the existing building improvements at 1696 West
Katella, to allow the continued occupation of that structure by the existing tenant, and to reduce
the need for relocation and reduce any potential displacement of existing occupants occasioned
by the Project. The Project is designed to relieve regional traffic congestion and improve the
capacity of the street and the function of the intersection of Katella and Euclid.
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SECTION IV. The Project is located in a manner most compatible with the greatest
public good and least private injury, in that the temporary construction easements have been
directed to various structural modifications that will preserve the structural integrity and utility of
the existing structure at 1696 West Katella, with a minimum of disruption to existing occupants,
while still providing reasonable access to and from the structure after the building modification
work, which is a portion of the Project, has been completed. Plans for the building modification
work for which the temporary construction easements have been sought have been provided to
the owner and occupants of record, to allow them to review and plan for any temporary
disruptions. The Project is designed in a manner compatible with the greatest public good, in
that it accommodates the necessary right of way for the Katella Avenue Smart Street Ninth
Street to Humor Drive Project intersection configuration, while minimizing the displacement of
existing occupants that might otherwise have to be relocated. The temporary construction
easements have been designed in a manner to address limited, specific structural issues in
connection with the existing structure, to preserve its habitability, functionality, and relationship
to the permanent features of the Project after construction.
SECTION V. The Property is necessary for the proposed Project, in that the roadway
widening must occur on property immediately adjacent to the existing roadway, and the
temporary construction easements to address structural issues in connection with the structure
located on 1696 W. Katella Avenue must of necessity occur on and over relevant portions of that
structure.
SECTION VI. The offer required by Government Code 7267.2 has been made to the
record owners, by way of letter dated January 10, 2008. Staff has made itself available to
negotiate with the record owners subsequent to this offer, but such negotiations have not proved
successful in securing the necessary temporary construction easements outside of more formal
proceedings.
SECTION VII. To the extent any of the property to be taken herein is devoted to a public
use, the City finds that the proposed use for the Project is compatible with, or more necessary to,
such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil
Procedure 1240.510 and 1240.610.
SECTION VIII. The Project has been reviewed and approved under E.I.R. No. 538,
adequately reviewed and certified in February 1993 through the OCTA, referenced in the Notice
of Hearing which was sent in connection with this Resolution. In addition, the Project was
reviewed by the Anaheim City Council in an addendum reviewed and approved on or about May
8, 2007. The City Council finds and determines that since that time there have been no
subsequent changes with respect to the circumstances under which the Project is to be
undertaken, no new information of substantial importance regarding significant effects or
mitigation measures or alternative which has become available, and no subsequent changes have
been proposed in the Project which would require important revisions to the E.I.R. such that no
further environmental review attending this proposed acquisition is necessary.
SECTION IX. The law firm of Rutan Tucker, LLP, special counsel for the City of
Anaheim, and the City Attorney are hereby authorized to prepare and prosecute in the name of
the City, such special proceedings in the proper court having jurisdiction thereof, as are
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necessary for acquisition of the Property described herein, and to prepare and file such pleadings,
documents, and otherwise prosecute such actions as may be necessary in the opinion of such
attorneys to acquire for the City the temporary construction easements described herein. Such
attorneys are specifically authorized to take whatever steps and/or procedures are available to
them under the Eminent Domain Law of the State of California, including, but not limited to,
seeking orders for prejudgment possession of the property. The City Attorney is authorized to
assign any work in such action to other attorneys as the City Attorney may deem appropriate.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 4th day of March 2008 by the following roll -call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
CIT CLERK OF THE CITY OF ANAHEIM
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TEMPORARY CONSTRUCTION EASEMENT
FOR CONSTRUCTION OF NEW EXIT
ACQ 2004 -00205
A.P.N. 090 651 -01
The Temporary Construction Easement for Construction of New Exit is a non exclusive,
temporary easement which permits the City of Anaheim, its officers, agents, employees, and
contractors to enter upon, occupy, or pass over those portions of the existing structure located at
1696 \Vest Katella Avenue within the approximately 84 square feet of area described as Parcel A
in the legal description attached hereto as Exhibit A, as may be necessary or appropriate for the
purposes of modifying, relocating, repairing, or otherwise reconfiguring existing structural
improvements to remove the existing window and solid wall beneath, and to construct a new exit
and concrete landing, to provide a new emergency exit for the structure as part of the work
otherwise to be undertaken pursuant to the Building Modification Easement described in
Anaheim City Council Resolution No. 2007 -062. All construction work pursuant to the
Temporary Construction Easement for Construction of New Exit shall be performed consistent
with the approved plans entitled "Building Modifications for Western Dental Building 1696 W.
Katella Avenue, Anaheim, CA 92802," dated October 10, 2007. The Temporary Construction
Easement for Construction of New Exit shall not include the right to store any materials or park
any vehicles within the easement area which are not incidental to the work to be performed
thereon, nor exercise the uses of the easement outside of the temporary construction easement
area. The rights granted hereunder shall commence immediately upon written notification to the
property owner of record, and shall continue in full force and effect until written notice to the
owner of record that the temporary construction easement is no longer needed, or six (6) months
after the notice of the initiation of the temporary construction easement, whichever is earlier.
1591012377-0103
881541 01 ,02)0)/08
TEMPORARY CONSTRUCTION EASEMENT
FOR MODIFICATION OF EXISTING ROOF DIAPHRAGM
ACQ 2004 -00205
A.P.N. 090-651-01
The Temporary Construction Easement for Modification of Existing Roof Diaphragm is a
non exclusive, temporary easement which permits the City of Anaheim, its officers, agents,
employees, and contractors to enter upon, occupy, or pass over those portions of the existing
structure located at 1696 West Katella Avenue within the approximately 656 square feet of area
described as Parcel B in the legal description attached hereto as Exhibit A, as may be necessary
or appropriate for the purposes of modifying, relocating, repairing, or otherwise reconfiguring
existing structural improvements to construct a new seismic collector to pull lateral loads from
the roof diaphragm to the new moment frame, if necessary, as part of the work otherwise to be
undertaken pursuant to the Building Modification Easement described in Anaheim City Council
Resolution No. 2007 -062 "Resolution All construction work pursuant to the Temporary
Construction Easement for Modification of Existing Roof Diaphragm shall occur above the
existing ceiling of the occupied area of 1696 West Katella Avenue, and shall be performed
consistent with the approved plans entitled "Building Modifications for Western Dental Building
1696 W. Katella Avenue, Anaheim, CA 92802," dated October 10, 2007. In connection with
the exercise of the temporary construction easement rights hereunder, the City shall protect all
interior occupied habitable portions of the existing structure at 1696 W. Katella Avenue, and
shall take access to the easement area solely through the exterior of the structure, through other
rights of way or temporary construction easements previously identified in the Resolution. The
Temporary Construction Easement for Modification of Existing Roof Diaphragm shall not
include the right to store any materials or park any vehicles within the easement area which are
not incidental to the work to be performed thereon, nor exercise the uses of the easement outside
of the temporary construction easement area. The rights granted hereunder shall commence
immediately upon written notification to the property owner of record, and shall continue in full
force and effect until written notice to the owner of record that the temporary construction
easement is no longer needed, or six (6) months after the notice of the initiation of the temporary
construction easement, whichever is earlier
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881541 01 a0V01108
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PARCEL At
PARCEL Bt
EXHIBIT "A"
ACQ 2004 -00205
A.P.N 090 651 -01
LEGAL DESCRIPTION OF
TEMPORARY CONSTRUCTION EASEMENT
BEING A PORTION OF PARCEL 1 OF PARCEL MAP BOOK 27, PAGE 41,
INCLUSIVE OF PARCEL MAPS, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A 6.00 FOOT WIDE STRIP OF LAND, LYING EASTERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 1;
THENCE, NORTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL
1, NORTH 00 °09'04" EAST, 56.19 FEET;
THENCE, LEAVING SAID WESTERLY BOUNDARY LINE,
NORTH 89 °50'56" EAST, 36.00 FEET TO THE POINT OF BEGINNING,
THENCE, NORTH 00 °09'04" EAST, 14.00 FEET;
CONTAINING AN AREA OF 84 SQ. FT., MORE OR LESS.
BEING A PORTION OF PARCEL 1 OF PARCEL MAP BOOK 27, PAGE 41,
INCLUSIVE OF PARCEL MAPS, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A 12.50 FOOT WIDE STRIP OF LAND, LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 1;
THENCE, NORTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL
1, NORTH 00 °09'04" EAST, 56.19 FEET;
THENCE, CONTINUING NORTHERLY ALONG THE WESTERLY BOUNDARY LINE OF
SAID PARCEL 1, NORTH 00 °09'04" EAST, 64.67 FEET;
THENCE, LEAVING SAID WESTERLY BOUNDARY LINE,
NORTH 89 °50'56" EAST, 51.00 FEET TO THE POINT OP BEGINNING;
THENCE, NORTH 89 °40'56" EAST, 52.53 FEET;
CONTAINING AN AREA OF 656 SQ. FT., MORE OR LESS.
Page 1of2
V PROJECTS114262 .004urm°p1DOC\LEGALS1TCE 2 PARCEL 1_ Pavia 27-41 doc
EXHIBIT "A"
ACQ 2004 -00205
A.P.N 090 651 -01
LEGAL DESCRIPTION OF
TEMPORARY CONSTRUCTION EASEMENT
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
THE ABOVE PARCELS ARE ALSO SHOWN ON EXHIBIT "B" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF.
Pap 1of2
v PROJEC TS\14262.OWumup1DOC.1LEGALStTCE 2 PARCEL I PM8 27.41 doc
PREPARED BY: STANTEC CONSULTING
UNDER THE DIRE N OF:
2
BRUCE 9. J SON, P.L.S. 7845
LICENSE EX•IRES 12/31/08
NOVEMBER 1, 2007
J.N. 2042 4262 00
EXHIBIT "B"
ACQ 2004 -00205
A.P.N. O9O- G51 -01
BEING PORTIONS OF PARCEL 1 OF PARCEL MAP BOOK 27, PAGE 41. IN THE CITY OF
ANAttE1M, COUNTY OF ORANGE, STATE or CALIFORNIA
TEMPORARY CONSTRUCTION EASEMENTS
KATELLA AVENUE
ILI
0
64
LS
6
5
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33'
P.O.B.
PARCEL 8
L3
3
23' 6.00
L1
PARCEL A
WEST LWE Or PARCEL 1
PARCE A
PARCEL 5
S.W. COR
room 3
P.M.6. NO. 27/41
L4
PARCEL A
AREA 84 5.r.:
?AG" 1
511EET 1 OF 1
SCALE' 1" a 30'
PARCEL B
AREA 656 5.r.:
P MB NC A1
LINE TABLE
NO. BEARING DISTANCE
U N8450 '56"W 36.00'
1.2 1400'09'04 "E 14.00'
1.3 N843O'5G 51.00'
1.4 N8 52.53'
SOUTH LINE Or PARCEL 1
589'40'56'T 150.00'
STANTEC CONSULTING INC.
BRUCE 5. J. NSON, PLS 7845 IRVINE, CA TECHNOLOGY DRIVE
LICENSE EXP92ES 12/31/08 Stantec 949.923 6000 161,0.0,„
Vapro/acts\ 14282.00 \SURMAP\OWC \SY lEOU5 dwg 11/1/2007 12:21 :1J PM PDT J.N. 2042424200
DATE, 11/1/07