2002-026RESOLUTION NO. 2002R- 26
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY AS A PUBLIC UTILITY EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT LOCATED AT
5701 - 5799 EAST LA PALMA AVENUE FOR THE
PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT
(R/W 5260-04) .
WHEREAS, the City of Anaheim has been investigating the
acquisition of various interests in property, including a public
utility easement and temporary construction easement on property
located at 5701 - 5799 East La Palma Avenue, for the purposes of
making public roadway improvements on the circulation element of
the General Plan of the City of Anaheim; and
WHEREAS, on January 15, 2002, 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 Exhibits "~' and "B", 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:
A. Whether the public interest and necessity required 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; 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 Imperial Highway; and
WHEREAS, the Project for which the Property to be acquired
is sought has previously been reviewed under applicable
environmental review procedures, including Negative Declaration,
State Clearinghouse No. 92051041; 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 acquisition of the
Property is required is the State Route 90 Imperial Highway
Widening Project. Santa Ana Bridge to La Palma Avenue, and
includes the widening and improving of Imperial Highway,
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 5701-5799 East La Palma, (Assessor Parcel No. 349-
381-05). The portions of Property the City seeks to acquire, and
the Property interests sought, consist of the following'
A. A public utility easement over approximately 35.75
square feet of frontage along the Property, as
more specifically described in Exhibit "A" hereto.
The terms of the public utility easement are as
follows:
"A non-exclusive easement for the
construction, reconstruction, operation,
maintenance, repair, and relocation of
electrical utility and appurtenant
facilities, both above and below ground,
including reasonable access of ingress and
egress thereto, including the right to come
onto the easement area with such machinery
and equipment as may be necessary or
convenient to the construction,
reconstruction, operation, maintenance,
relocation, or servicing of such facilities.
This nonexclusive easement may be removed or
relocated upon dedication by the owner of the
servient tenement, or his or her successors
or assigns, and acceptance by the City, or
its successors or assigns, or a replacement
easement, satisfactory to the City of Anaheim
Utilities Department, or its successors or
assigns, with respect to location, dimension
and range of permissible uses for all
purposes permitted hereunder."
B. A temporary construction easement over
approximately 6.75 square feet of Property, more
specifically described in Exhibit "B" 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 "B" as deemed reasonably necessary for all
purposes incidental to reconstructing and widening
Imperial Highway 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 r~nd~r th~
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
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 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 has been planned for both sides of the roadway,
to avoid taking all of the required right-of-way from those on
one or the other side of the existing road, in an effort to
minimize any disproportionate burden 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, undergrounding of
utilities and upgrading parkway landscaping, along with the
attendant storm drain 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 public utility facilities must be located as
near as practicable to the property it is intended to serve.
SECTION VI. The offer required by Government Code ~
7267.2 has been made to the record owners, by way of letter dated
November 9, 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
certification of Negative Declaration State Clearinghouse No.
9205104-1, and 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 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 15th day of January, 2002.
ATTEST'
MAYOR-OF T~{E CITY O~NAHE
IM
cfYY' CLE~-OF THE CITY OF ANAHEIM
27883.67~newbe~yHanua~ 7, 2002
EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 85 PAGES 20 AND 21 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS:
PARCEL A1
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 3 AS SHOWN ON SAID PARCEL MAP;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 3, SAID WESTERLY LINE
ALSO BEING THE EASTERLY LINE OF IMPERIAL HIGHWAY, SOUTH 01°23'00" WEST 7.75 FEET TO
THE SOUTHERLY LINE OF A 5.00 FOOT PUBLIC UTILITY EASEMENT RECORDED AS INSTRUMENT
NO. 83-285267, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF
SAID PUBLIC UTILITY EASEMENT SOUTH 88*37'00" EAST 20.00 FEET TO A POINT ON THE
EASTERLY LINE OF A STORM DRAIN EASEMENT RECORDED IN BOOK 9563, PAGE 467, OFFICIAL
RECORDS OF SAID COUNTY, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
ALONG THE EASTERLY LINE OF SAID STORM DRAIN EASEMENT SOUTH 01°23'00" WEST 2.75 FEET;
THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT SOUTH
88°37'00.. EAST 3.00 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID STORM DRAIN
EASEMENT NORTH 01°23'00" EAST 2.75 FEET TO THE SOUTHERLY LINE OF SAID PUBLIC UTILITY
EASEMENT; THENCE ALONG SAID SOUTHERLY LINE NORTH 88037'00.. WEST 3.00 FEET TO THE
TRUE POINT OF BEGINNING.
..
PARCEL A2
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 3 AS SHOWN ON SAID PARCEL MAP;
THENCE EASTERLY ALONG THE NORTHERLY OF SAID PARCEL 3, SOUTH 88"37'00" EAST 20.00
FEET TO THE EASTERLY LINE OF ^ STORM DRAIN EASEMENT RECORDED IN BOOK 9563, PAGE
467, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID STORM DRAIN EASEMENT SOUTH
01°23'00" WEST 2.75 FEET TO THE NORTHERLY LINE OF ^ 5.00 FOOT PUBLIC UTILITY EASEMENT
RECORDED AS INSTRUMENT NO. 83-285267, OFFICIAL RECORDS OF SAID COUNTY; THENCE
ALONG SAID NORTHERLY LINE SOUTH 88°37'00'' EAST 10.00 FEET; THENCE PARALLEL WITH THE
EASTERLY LINE OF SAID STORM DRAIN EASEMENT NORTH 01°23'00" EAST 2.75 FEET TO THE
NORTHERLY LINE OF SAID PARCEL 3; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 3
NORTH 88°37'00'' WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING.
SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY.
PREPARED BY:
KNER'"~.L.S. NO. L0072-'0b'"-~-.~_ ..
A.P. NO.: 349-381-05
M.C.E.P.N.: 01317
UG DIST. NO.: 41
REF. DWG. NO.: PMC-378
DATE: JUNE 19, 2001
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UD, DIST. NO.:
REF. DW6. NO.'
,
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EXHIBIT
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 85 PAGES 20 AND 21 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS:
A 1.00 FOOT OFFSET ON THE SOUTHERLY AND EASTERLY OF THE PORTION OF LAND DESCRIBED
IN EXHIBIT "A" AND SHOWN ON EXHIBIT "B".
SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY.
PREPARED BY:
(~BUCKNER- P.L.S. NO.' L007'206
A.P. NO.- 349-381-05
M.C.E.P.N.: 01317
UG DIST. NO.' 41
REF. DWG. NO' PMC-378
DATE' JUNE 19, 2001
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. 2002R-26 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 15th day of January, 2002, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS' Feldhaus, Kring, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS' None
ABSTAINED'
MAYOR/COUNCIL MEMBERS' Tait
ABSENT:
MAYOR/COUNCIL MEMBERS' None
CITY CLERK I~F THE CITY OF ANAHEIM
(SEAL)