RES-2011-061RESOLUTION NO. 2011- 061
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR THE ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 225 SOUTH IMPERIAL HIGHWAY
FOR THE PURPOSES OF THE IMPERIAL HIGHWAY SAFE
ROUTES TO SCHOOL SIDEWALK WIDENING PROJECT
(R/W ACQ 2011- 00399)
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
at 225 South Imperial Highway 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 May 3, 2011, 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 Imperial Highway Safe Routes To School Sidewalk Widening
Project ('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, including the Notice of Exemption
determining the project to be eligible for a Categorical Exemption in accordance with the California
Environmental Quality Act (CEQA) for the Imperial Highway Safe Routes To School Sidewalk
Widening Project approved March 10, 2011; 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 Imperial Highway
Safe Routes to School Sidewalk Widening Project which consists of improving Imperial Highway,
including installation of sidewalk, landscaping replacement, median improvements and public
utilities. The Location of the Project is depicted generally in the Circulation Element of the City of
Anaheim General Plan Figure C -1 (Planned Roadway Network) dated May 25, 2004 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 225 South Imperial
Highway (Assessor Parcel No. 363 - 060 -01). The Property the City seeks to acquire, and the
Property interests sought, consist of the following:
A. Street Easement Interest Title to Property consisting of approximately 497
square feet, as more specifically described in Exhibit "A" attached hereto, and
depicted in Exhibit `B ".
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 Imperial Highway 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 roadway
improvements, landscaping replacement, sidewalk and median 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 /sidewalk 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 December 7, 2010 and a supplemental sent on March 9, 2011. 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.
-2-
82709.1
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 Notice of Exemption
determining the project to be eligible for a Categorical Exemption in accordance with the California
Environmental Quality Act (CEQA), adequately reviewed and approved on March 10, 2011,
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 Notice of Exemption determining the project
to be eligible for a Categorical Exemption in accordance with the California Environmental Quality
Act (CEQA) 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 3rd day of May , 2011 by the following roll -call vote:
AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray
NOES: None
ABSTAIN: None
ABSENT: None
C ANAHEIM
/AYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF A AHEIM
-3-
82709.1
Exhibit "A"
'..:! J t
HUITT- ZOIIARS, INC 1 430 Exchange 1 Suite 200 , Irvine, CA 92602.1315 1 714,734 5100 phone 1 714 734.5155 fax r huitt- zollan.com
10- 1308 -20 (D)
10 -07 -10
Revised
03 -08 -11
LEGAL DESCRIPTION
RIGHT -OF -WAY ACQUISITION
IMPERIAL HIGHWAY
A.P. NO. 363 - 060 -01
That portion of Lot 133 of Tract No. 7288, in the City of Anaheim, County of Orange,
State of California, as shown on the Map filed in Book 287, Pages 18 to 25, inclusive, of
Miscellaneous Maps, in the office of the County Recorder of said County, described as
follows:
Beginning at the intersection of the Easterly line of said Lot 133 with a line being parallel
with and 223.79 feet Northerly of the centerline of Avenida Bernardo South as shown on
said Tract No. 7288; thence along said Easterly line and the Southeasterly line of said Lot
133, the following courses: South 00°00'00" West 176.79 feet to the beginning of a curve
concave Northwesterly having a radius of 22.00 feet, Southerly, Southwesterly and
Westerly 34.44 feet along said curve through a central angle of 89°41'52 "; thence leaving
said Southeasterly line non - tangent North 44 °15'14" East 28.49 feet to a line being
parallel with and 2.00 feet Westerly of said Easterly line; thence along last said parallel
line North 00°00'00" East 178.38 feet to first said parallel line; thence leaving last said
parallel line along first said parallel line North 90°00'00" East 2.00 feet to the point of
beginning.
Containing an area of 497 square feet (0.011 acres), more or less.
Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements,
if any, of record.
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Exhibit "B"