2001-095RESOLUTION NO. 2001R- 95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1680 WEST LINCOLN AVENUE
FOR THE PURPOSES OF CONDUCTING ROADWAY
IMPROVEMENT (R/W 5362-7
WHEREAS, the City of Anaheim has been investigating the
acquisition of various interests zn property, including fee
interests and temporary construction easements, on property
located at 1680 West Lincoln Avenue, for the purposes of making
public roadway improvements in the circulation element of the
General Plan of the City of Anaheim; and
WHEREAS, on April 17, 2001, 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 which legal descriptions are incorporated herein
by reference, 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 on the
following matters:
Whether the public interest and necessity required the
Project;
Bo
Whether the Project is planned or located in a
manner which is most compatible with the greatest
public good and the least private injury;
Whether the Property proposed to be acquired is
necessary for the Project; and
Do
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; 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 various interests in the Property more
particularly described herein ("Property"), for the purposes of
widening and improving Lincoln Avenue and Euclid Street; and
WHEREAS, the Project for which the Property to be acquired
is sought has previously been reviewed under applicable
environmental review procedures, initial study of environmental
impact report, negative declaration for the Euclid Street from
Pampas Lane to Lincoln Avenue. Lincoln Avenue from 200 m West of
Euclid Street to 200 m East of Euclid Street 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 Euclid Street from Pampas Lane to Lincoln
Avenue. Lincoln Avenue from 200 m West of Euclid Street to 200 m
East of Euclid Street Project for which acquisition of the
Property is required consists of the widening and improving of
Lincoln Avenue and Euclid Street, including installation of
street landscaping and public utilities.
SECTION II. The Property to be acquired is located within
the City of Anaheim, County of Orange, State of California, and
is located at 1680 West Lincoln Avenue, (Assessor Parcel No. 250-
091-03 & 04). The portions of Property the City seeks to
acquire, and the Property interests sought, consist of the
following:
Fee simple title to approximately 1,503.96 square
feet of frontage along the Property, as more
specifically described in Exhibit "A" hereto.
Bo
A temporary construction easement over
approximately 159.64 square feet of Property, more
specifically described in Exhibit "C" 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" as deemed reasonably necessary for all
purposes incidental to reconstructing and widening
Lincoln Avenue and Euclid Street in accordance
with the approved street construction (the
"Project"). The temporary construction easement
shall include the right to perform 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.
Such incidental activities shall include, but not
be limited to, 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. 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 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
3
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.
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 Lincoln Avenue
and Euclid Street 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. The project is designed in a manner compatible
with the greatest public good, in that the Project will involve
road widening and upgrading parkway landscaping, along with
drainage improvements. This will enhance the utility of the area
and 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.
SECTION VI. The offer required by Government Code ~
7267.2 has been made to the record owners, by way of letter dated
May 19,2001. 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
under the California Environmental Quality Act by way of approval
of environmental impact report, negative declaration, and the
4
City Council finds and determines that since the time of that
approval 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 alternatives which have 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 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 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.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 17th day of April,2001.
OR OF THE ~ITY OF A~qHEIM
ATTEST:
~ITY CLB~RK OF'THE CITY OF ANAHEIM
27883.53%nslaughtLMarch 6, 2001
EXHIBIT "A"
LEGAL DESCRIPTION
AP NO. 250-091-03
AP NO. 250-091-04
THAT PORTION OF PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 83, PAGE 26 AND 27 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID CORNER ALSO
BEING A POINT ON THE EASTERLY LINE OF EUCLID STREET AS SHOWN ON SAID PARCEL
MAP; THENCE NORTH 00° 16'42" WEST 123.29 FEET ALONG THE SAID EASTERLY LINE OF
EUCLID STREETTO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING
A RADIUS OF 26.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 88°01'48'' AN ARC DISTANCE OF 39.95 FEET; THENCE NORTH
87°44'56'' EAST 8.66 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 1; THENCE
SOUTH 44° 14'50" WEST 35.30 FEET; THENCE SOUTH 00° 16'42" EAST 124.34 FEET TO THE
SOUTHERLY LINE OF SAID PARCEL 1; THENCE SOUTH 89° 18'39" WEST 9.00 FEET ALONG
THE SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
THE AREA Of THE ABOVE DESCRIBED PARCEL OF LAND IS 1503.96 SQUARE FEET.
DATED THIS 8TM DaY Of MARCH, 2000.
CHARLES A. TUGGLE, P.L.S. 4025
REGISTRATION EXPIRES 6/3/00
EXHIBIT "B "
AP 1//250-091-04
AP ~250-091-03
z~= 88 '01 '4.8"
L--39. 95'
a,
53.00'
P.O.B.
9.00'
APPROVED BY:
~-~ UNCOLN AVE.
N87'44 °56"E
116.30'
S89'18'39"W 150.00'
124.96' -',
LEGEND
~ AREA
SCALE: 1"=5o'
I AREA= 1,503. 96SF I
CHARLES A. TUGCLE L.S. 402'5 DATE
BASIS OF BEARING
C£NTERL/NE OF EUCLID ST.
SHOWN AS NOO'16'42"W PER
PARCEL MAP 51/24
EUCLID STREET
FROM 213' SOUTH OF UNCOI. N AVE. lO LINCOLN AI~.
DREN BY: HN CHKD: SD IDs. MAP
DATE:I/21/O0 DATE:1/21/O0I 54
NO,
TT
EXHIBIT "C"
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
AP NO. 250-091-03
AP NO. 250-091-04
THAT PORTION OF PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 83, PAGES 26 AND 27 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A 1-FOOT WIDE PARCEL OF LAND, THE WESTERLY LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID CORNER ALSO
BEING A POINT ON THE EASTERLY LINE OF EUCLID STREET AS SHOWN ON SAID PARCEL
MAP; THENCE NORTH 89"18'39" EAST 9.00 FEET ALONG THE SOUTHERLY LINE OF SAID
PARCEL 1 TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00"16'42" WEST 124.34
FEET; THENCE NORTH 44°14'50" EAST 35.30 FEET TO ITS TERMINATION ON THE
NORTHERLY LINE OF SAID PARCEL 1. ..
THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 159.64 SQUARE FEET.
DATED THIS 8TM DAY OF MARCH, 2000.
CHARLES A. TUGGLE, P.I' .S. 4025
REGISTRATION EXPIRES 6/3/00
EXHIBIT "D "
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT
AP ~250-091-04
AP t~250-091-05
z~88'01'48"
R=26.
L---$9.95'
N #4'14 '50 "E
5.7. 00'
PPROVED BY:
~--~ LINCOLN AVE.
~.66'
N8 7'44 '56'E
124.96'
116.30'
1.00'
9.00'
S89'18'39'1/Y 150.00'
T.P.O.B.
LEGEND
~ AREA
SCALE: 1"=50'
[ AREA=159.64.SF J
BASIS OF BEARING
CENTERLINE OF EUCLID ST.
SHOWN AS NOO'I6'42"W PER
PARCEL MAP 51/24
;HARLES A. TUGCL----~ L.S. ,~02~ DATE
EUCLID STREET
FROM 213' SOUTN OF UNCOLN AYE.. TO LINCOLN AYE..
ORWN BY: NJ CHKD: SD I DiS. MAP I
DATE:I/21/O0 DATE:I/21/O0J ~4 J R/ttY NO.~.,~,Z-7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2001R-95 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 17th day of April, 2001, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
CITY CLEI~K OF THE CITY OF ANAHEIM
(SEAL)