RES-2008-051RESOLUTION NO. 2008- 051
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 1140 NORTH KRAEMER BOULEVARD FOR
THE PURPOSES OF THE KRAEMER BOULEVARD/LA PALMA
AVENUE INTERSECTION IMPROVEMENT PROJECT
(R/W ACQ 2006 00253).
WHEREAS, the City of Anaheim has been investigating the acquisition of a portion of
property located at 1140 North Kraemer Boulevard, for the purposes of making public roadway
improvements pursuant to the circulation element of the General Plan of the City of Anaheim; and
WHEREAS, on April 22, 2008, after no less than fifteen (15) days written notice to the
owners of the Property referenced above, and more specifically described in the legal descriptions
attached hereto as Exhibit "A which legal descriptions are incorporated herein by reference
"Property"), the City Council of the City of Anaheim 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" as the Kraemer Boulevard/La Palma Avenue Intersection
Improvement Project (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 against 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 Property more particularly described
herein for the purposes of the Project; and
WHEREAS, the Project for which the Property to be acquired is sought has previously been
reviewed under applicable environmental review procedures in compliance with the California
Environmental Quality Act "CEQA including approval of a negative declaration which was
approved on September 19, 2006 for the Kraemer Boulevard/La Palma Avenue Intersection
Improvement Project; and
WHEREAS, the City of Anaheim is authorized to acquire 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 Kraemer
Boulevard/La Palma Avenue Intersection Improvement Project which consists of the widening and
improving of Kraemer Boulevard and La Palma Avenue, including installation of street landscaping
and public utilities. The Location of the Project is depicted generally in the project precise alignment
dated November 13, 2006 and presented to the City Council as part of the record of hearing in this
matter.
SECTION II. The Property to be acquired is located within the City at 1140 North Kraemer
Boulevard, (Assessor Parcel No. 345- 101 -16). The portions of Property the City seeks to acquire,
and the Property interests sought, consist of the following:
A. Street Easement title to approximately 228.4 square feet of the Property, as
more specifically described in Exhibit "A" and depicted in Exhibit "B"
attached hereto.
B. A temporary construction easement over approximately 150.8 square feet of
Property, more specifically described in Exhibit "C" attached hereto. The
temporary construction easement shall consist of the interests described
below:
The temporary construction is a nonexclusive easement which permits City
of Anaheim, its officers, agents, employees, and contractors, to enter upon,
occupy, and pass over the temporary construction easement area more
specifically described in the legal description, attached as Exhibit "C
approximately 150.8 square feet, and depicted in Exhibit "D" attached
hereto, as deemed reasonably necessary for all purposes incidental to
reconstructing and widening Kraemer Boulevard and La Palma Avenue in
accordance with the approved street construction on the Project. The
temporary construction easement shall include the right to perform within the
temporary construction easement area, any necessary excavation; grading;
earth fill; compaction; installation of concrete forms; landscaping; irrigation;
utility; and sign relocation; accommodation of private drainage facilities; and
deposit of tools, equipment, and material for all such necessary activities
which are reasonably incidental to the work being performed on said property
in connection with the Project.
-2-
Such incidental activities shall include, but not be limited to, utilizing the
temporary construction easement area for adjusting grade differentials
between the planned street and the adjoining real property and /or matching
existing concrete and/or asphalt paved areas, and/or natural grade areas, or
such work as may pertain to on -site improvements by Public Works to render
the temporary construction easement area or the larger parcel to which it
pertains in the same functional condition as reasonably practicable to the
condition before the Project in terms of access, irrigation, and relation of
public right of way improvements to the larger parcel.
The temporary construction easement shall not include the right to store any
materials or park any vehicles which are not incidental to the work to be
performed on site in connection with the Project, nor to block all vehicular
access to the larger parcel of property of which the temporary construction
easement area is a part, nor exercise the uses of the easement outside of the
temporary construction easement area. In connection with the exercise of the
temporary construction easement rights hereunder, City shall protect all
structures on the temporary construction easement area in place, and shall
protect or restore all improvements thereon.
The rights granted hereunder shall commence fourteen (14) days after written
notification to the property owner of the commencement of construction of
the project 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 by the City, or twelve (12) months after notice of the initiation of the
temporary construction easement, whichever is earlier. Upon termination of
the temporary construction easement, the temporary construction easement
area shall be restored to a condition that is as functionally equivalent as is
practicable to its condition prior to the commencement of the work,
consistent with the Project as designed and as to be constructed.
C. A temporary, nonexclusive construction easement to permit the City, and /or
its contractors, to enter onto the area more specifically described in the legal
description attached hereto as Exhibit "E approximately 91.1 square feet,
and depicted in Exhibit "F" attached hereto, for the purposes of constructing
or relocating driveway and other vehicular or pedestrian access facilities, to
safely maintain the passage of pedestrian and vehicular access between the
public rights of way and the property of which the area described in Exhibit
"A" is a part, and also to accommodate the public improvements
contemplated under the Kraemer Boulevard/La Palma Avenue Intersection
Improvement Project. The Temporary Construction Easement for Driveway
purposes shall include the right to install curbing or similar structures within
the area of the easement, to direct vehicular traffic to the relocated driveway
-3-
facilities, or protect the relocated driveway or access facilities from vehicular
damage. The Temporary Construction Easement for Driveway purposes
includes the right to temporarily bring or store equipment, tools, and
personnel onto the area of the easement, necessary or convenient for
constructing or relocating driveway or other vehicular or pedestrian access
facilities, consistent with the improvements contemplated under the Kraemer
Boulevard/La Palma Avenue Intersection Improvement Project. The
temporary construction easement shall not include the right to store any
materials or park any vehicles which are not incidental to the work to be
performed on site in connection with the Project, nor to block all vehicular
access to the larger parcel of property of which the temporary construction
easement area is a part, nor exercise the uses of the easement outside of the
temporary construction easement area. In connection with the exercise of the
temporary construction easement rights hereunder, City shall protect all
structures on the temporary construction easement area in place, and shall
protect or restore all improvements thereon. The rights conferred under this
easement shall be effective upon written notice from the City or its contractor
to the owner or occupant of the easement area of the initiation of this
Temporary Construction Easement for Driveway purposes, and shall continue
in full force and effect for three (3) months thereafter, at which point it shall
expire.
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 Kramer Boulevard and
La Palma Avenue in the manner contemplated by the Project. The Project is designed to relieve
regional traffic congestion and improve the capacity of the street, which will require continuity in
the roadway alignment and traffic handling capacity of the streets.
SECTION IV. The Project is located in a manner most compatible with the greatest public
good and least private injury, in that the design of the roadway widening must of necessity occupy
land which is immediately adjacent to the existing roadway, in order to maintain the continuity of
the alignment of the road for all users. The property to be taken for the Project is necessitated and
established by the street alignment in an effort to minimize any disproportionate burden or impact
of the required property being taken from individual property owners, and the temporary construction
easements acquired will allow the Project to be built without sacrificing existing building
improvements on the remaining property. The Project is designed in a manner compatible with the
greatest public good, in that the Project will involve road widening, undergrounding of utilities, and
upgrading parkway landscaping, along with drainage improvements. This will enhance the utility
of the area and help improve traffic circulation.
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.
-4-
SECTION VI. The offer required by Government Code 7267.2 has been made to the record
owners, by way of letter dated April 25, 2007. Staff has attempted to negotiate with the record
owners subsequent to this offer, but such negotiations have not proved successful in securing the
necessary property interests 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 in compliance with California
Environmental Quality Act "CEQA requirements, including approval of a negative declaration
which was approved on September 19, 2006 referenced in the Notice of Hearing which was sent
in connection with this Resolution. The City Council finds and determines that since the time of that
certification 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 negative
declaration such that no further environmental review attending this proposed acquisition is
necessary.
SECTION IX. The law firm of Nossaman, Guthner, Knox Elliott, 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
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 Property. 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.
/1/
/1/
-5-
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 22 day of April, 2008 by the following roll -call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CITY CLERK OF THE CITY OF ANAHEIM
68706.1 /bmorley
CITY OF A EIM
MAYOR OF THE CITY OF ANAHEIM
That portion of Parcel 2, in the City of Anaheim, County of Orange, State of California,
as per map filed in the Book 43, Page 9 of Parcel Maps, in the office of the County
Recorder of Orange County, California described as follows:
Beginning at the centerline intersection of La Palma Avenue and Kraemer Boulevard as
shown on said Parcel Map, said point being the Point of Beginning and designated as
P.O.B. on Exhibit B, attached hereto and by this reference made apart thereof; thence
along the centerline of Kraemer Boulevard North 16 53'30" West, 228.03 feet; thence
leaving said centerline North 73 06'30" East, 53.00 feet to the intersection of the
southerly line of Parcel 2, and the existing easterly right of way line of Kraemer
Boulevard, said point is the True Point of Beginning (T.P.O.B.);
Thence North 16 53'30" West, 150.74 feet along said easterly right -of -way line of
Kraemer Boulevard, to the beginning of a tangent curve concave easterly having a radius
of 1,140.00 feet; thence southerly 28.30 feet along said curve through a central angle of
01 °25'20" to a point on a tangent line; thence South 18 18'50" East, 91.70 feet to the
beginning of a tangent curve concave westerly having a radius of 1,210.00 feet; thence
southerly 30.04 feet along said curve through a central angle of 01 °25'20" to a point on a
tangent line; thence South 16 53'30" East, 0.74 feet to the southerly line of parcel 2;
thence along said southerly line South 73 04'36" West, 3.00 feet to the True Point of
Beginning.
RICHARD J. WILSON
RCE 29834 EXP. 3 -31 -07
C29834
Exp. 3-31-07
EXHIBIT A
LEGAL DESCRIPTION
345- 101 -16
12.1f/ab
DATE
z
a
P
O
EXHIBIT B
345 101 16
NOT TO SCALE
BASIS OF BEARINGS:
CENTERLINE OF KRAEMER BLVD SHOWN
AS N 16' 53' 30' W PER PM 43 -9.
KFM ENGINEERING, INC.
26672 TOWNE CENTRE DRIVE. "300
FOOTHILL RAN CA. 92610
53'
T. P. 0.8
N73' 06' 30" E
53. 00'
DRAWNI DJ
DATE 1 2/06
CHKDI RJW
DATE 1 2/06
0
AREA SUMMARY:
co
EASEMENT TAKE 228.4 S.F.
0
m
0
N 16° 53' 30' W S73' 04' 36' W
228.03' 3.00'
LA PALMA AVENUE
DIS. MAP
EX. R/W LINE
API 345 101 -17
ROADWAY EASEMENT
CITY OF ANAHEIM
R/W NO.
'&01°25'20'
R= I 140.00'
L=28.30'
API* 345 101 -16
LEGEND:
TOTAL EASEMENT TAKE
PARCEL LINE
CY-01 25' 20'
R= 1,210.00'
L=30.04'
S16' 53' 30' E
0.74'
A one -foot wide strip of land lying in that portion of Parcel 2, in the City of Anaheim,
County of Orange, State of California, as per map filed in the Book 43, Page 9 of Parcel
Maps, in the office of the County Recorder of Orange County, California described as
follows:
Beginning at the centerline intersection of La Palma Avenue and Kraemer Boulevard as
shown on said Parcel Map, said point being the Point of Beginning and designated as
P.O.B. on Exhibit D, attached hereto and by this reference made apart thereof; thence
along the centerline of Kraemer Boulevard North 16 53'30" West, 228.03 feet; thence
leaving said centerline North 73 06'30" East, 53.00 feet to the intersection of the
southerly line of Parcel 2, and the existing easterly right of way line of Kraemer
Boulevard; thence South 73 04'36" West, 3.00 feet along the southerly line of Parcel 2 to
the True Point of Beginning (T.P.O.B.) of said strip of land lying to the East of the
following described line;
Thence North 16 53'30" West, 0.74 feet to the beginning of a tangent curve concave
westerly having a radius of 1,210.00 feet; thence northerly 30.04 feet along said curve
through a central angle of 01 °25'20" to a point on a tangent line; thence North 18 18'50"
West, 91.70 feet to the beginning of a tangent curve concave easterly having a radius of
1,140.00 feet; thence northerly 28.30 feet along said curve through a central angle of
01 °25'20" to a point on the easterly right -of -way line of Kraemer Boulevard and the
Point of Ending (P.O.E.).
RICHARD J. WILSON
RCE 29834 EXP. 3 -31 -07
EXHIBIT C
LEGAL DESCRIPTION
345 101 -16
Temporary Construction Easement
Jy ql
C29834
xp. 3 -31-07 �r
2/1/0 7
DATE
EXHIBIT D
345 101 -16
TEMPORARY CONSTRUCTION
EASEMENT (T. C. E.
029834 Z .r
cr Exp, 3- 31 -i 63
SIGNATURE
BASIS OF BEARINGS:
CENTERLINE OF KRAEMER BLVD SHOWN
AS N16 °53'30'W PER PM 43 -9.
NOT TO SCALE
P. 0. B.
1
KFM ENGINEERING, INC.
26672 TOWNE CENTRE DRIVE, *300
FOOTHILL RANCH, CA. 92610
kde
DATE
53'
N73° 06' 30' E
53. 00'
N16'53'30'W N73'04'36'E
228.03' 3.00'
LA PALMA AVENUE
DRAWN' DJ
DATE', 1 2/06
CHKO+ RJW
DATE 12/06
DIS. MAP
L 01 25' 20'
R= I 140.00'
L=28.30'
AP* 345 101 -16
AREA SUMMARY:
T. C. E. TAKE 1 50.8 S.F.
LEGEND:
a
t T. C. E.
T. P. 0. B.
R/W NO.
,L=01°25'20'
R= 1,210.00'
L= 30.04'
16°53'30'W
0.74'
EX. R/W LINE
TOTAL T.C.E. TAKE
PARCEL LINE
T. C. E.
AP* 345 101 -17
ROADWAY EASEMENT
CITY OF ANAHEIM
EXHIBIT E
LEGAL DESCRIPTION
345 101 -16
Temporary Construction Easement For Driveway
A three -foot wide strip of land lying in that portion of Parcel 2, in the City of Anaheim,
County of Orange, State of California, as per map filed in the Book 43, Page 9 of Parcel
Maps, in the office of the County Recorder of Orange County, California described as
follows:
Beginning at the centerline intersection of La Palma Avenue and Kraemer Boulevard as
shown on said Parcel Map, said point being the Point of Beginning and designated as
P.O.B. on Exhibit F, attached hereto and by this reference made apart thereof; thence
along the centerline of Kraemer Boulevard North 16 53'30" West, 228.03 feet; thence
leaving said centerline North 73 06'30" East, 53.00 feet to the intersection of the
southerly line of Parcel 2, and the existing easterly right of way line of Kraemer
Boulevard; thence South 73 04'36" West, 3.00 feet along the southerly line of Parcel 2;
thence leaving said southerly line of Parcel 2 North 16 53'30" West, 0.74 feet; thence
North 16 53'30" West, 0.74 feet to a point a tangent curve concave westerly having a
radius of 1,210.00 feet; thence northerly 5.26 feet along said curve through a central
angle of 00 14'57" to the True Point of Beginning (T.P.O.B.) of said strip of land lying
to the East of the following described line;
Thence continuing along said curve concave westerly having a radius of 1,210.00 feet;
thence northerly 24.77 feet along said curve through a central angle of 01 °10'23" to a
point on a tangent line; thence North 18 18'50" West, 5.55 feet to the Point of Ending
(P.O.E.).
RICHARD J. WILSON DATE
RCE 29834 EXP. 3 -31 -07
z
0
0
3
EXHIBIT F
345 101 -16
T. C. E. FOR DRIVEWAY
BASIS OF BEARINGS:
CENTERLINE OF KRAEMER BLVD SHOWN
AS N16 °53'30'W PER PM 43 -9.
NOT TO SCALE
P. 0. B.
co
Cr
LJ
w
KFM ENGINEERING, INC.
26672 TOWNE CENTRE DRIVE, *300
FOOTHILL RANCH, CA. 92610
S IGNATURE DATE
53'
T. P. O. B.
0 =00 14' 57'—
R= 1,210.00'
L =5.26'
N73' 06' 30' E
DRAWN: DJ
DATE 1 /07
CHKD+ RJW
DATEs /07
1
53.00'
N 16° 53' 30' W S73' 04' 36' W
228.03' 3.00'
LA PALMA AVENUE
DI S. MAP
AP* 345 101 -16
AREA SUMMARY:
TCE TAKE 91.1 S. F.
LEGEND:
P. 0. E.
N18'18'50 "W
5.55'
3' T.C.E.
A0i'10'23"
R= 1,210.00'
L= 24.77'
16°53'30'W
0.74'
AP# 345-101 -17
EX. R/W LINE
F
T
PARCEL LINE
ROADWAY EASEMENT
CITY OF ANAHEIM
R/W NO.