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2002-025RESOLUTION NO. 2002R- 25 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 5737 EAST LA PALMA AVENUE FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5260-03). 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 5737 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 Rote 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 5737 East La Palma Avenue, (Assessor Parcel No. 349-381-18). 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 156.8 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 8.1 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 adj0ining 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 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 th~ 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 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. 92051041, 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 No. 92051041, 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 15~n day of January, 2002. ATTEST: C~TY CI~RK OF THE CITY OF ANAHEIM 27883.66klnewberryuanuary 7, 2002 6 EXHIBIT *A" LEGAL DESCRIPTION THAT PORTION OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON ^ 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: COMMENCING AT THE CENTERLINE INTERSECTION OF CHRISDEN STREET AND LA PALMA AVENUE AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF LA PALMA AVENUE ON A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1400.00 FEET, A RADIAL BEARING FROM SAID INTERSECTION BEARS NORTH 07°02'10" EAST; THENCE ALONG SAID CURVE NORTHERLY 309.00 FEET THROUGH A CENTRAL ANGLE OF 12~38'46"; THENCE ON A RADIAL BEARING FROM SAID CURVE NORTH 19°40'56" EAST 49.44 FEET TO A POINT ON THE NORTHERLY LINE OF AN EASEMENT FOR ROAD, PUBLIC UTILITY AND INCIDENTAL PURPOSES PER DEED RECORDED AS INSTRUMENT NO. 93-0324450 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY . LINE NORTH 19°40'56" EAST 4.13 FEET;. THENCE SOUTH 70019'04" EAST 8.00 FEET; THENCE NORTH 19~40'56" EAST 6.50 FEET; THENCE NORTH 70~19'04" WEST 21.00 FEET; THENCE SOUTH 19040'56" WEST 6.50 FEET; THENCE SOUTH 70019'04" EAST 8.00 FEET; THENCE SOUTH 19°40'56" WEST 4.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID EASEMENT, SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 774.96 FEET, A RADIAL LINE FROM SAID POINT BEARS NORTH 21o18'29" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE 5.00 FEET THROUGH A CENTRAL ANGLE OF 00°22'11" TO THE TRUE POINT OF BEGINNING. SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY. PREPARED BY CKNER P.L.S. NO. L007206 A.P. NO.' 349-381-18 M.C.E.P.N' 01317 UG DIST. NO.: 41 REF. DWG. NO' PMC-380 DATE: JUNE 19, 2001 - ~ .... i .i i i r~ i , u i i i . i i il ii, i 1, i ~ il i Il I__ _ Il __ __ EXttmlT ~' ~ TO ACC~IMP~ A LEOAL D~MCRIffFION L5 4 ROA~, PUBLIC LtTILI TY, ANO INCIDENTAL EASEMENT PER q.,3-03244§0 N21 °lb '2q "E Lb L7 L2 R = 774.qb' "= C~'22'i1" L [DETAIL N.T.5. .fEE DETAIL ABOVE I I O' 56ALE: I" = ~0' A.P. NO.: ,.,34q-,.~l-IZ~ I I UD. DIST. NO.' 41 REF. DWG. NO.: I I I I I ........... Iii '1 PUBLIC UTILITY EASEMENT SHEET OF SHEETS ...... . .... , , ,,,, ,, ,, ,. , ,.., ........ POR. PARCEL I, P.M. b5/PO-PI DATE: Ob/O/ MUNICIPAL ENGINEERING SERVICES EXHIBIT LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF PARCEL 1, 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 WESTERLY OF THE CERTAIN COURSE DESCRIBED AS "SOUTH 19~40'56" EAST 4.00 FEET," OF THE PORTION OF LAND DESCRIBED IN EXHIBIT "A" AND SHOWN ON EXHIBIT TOGETHER WITH A 1.00 FOOT OFFSET EASTERLY OF THE CERTAIN COURSE DESCRIBED AS "NORTH 19040'56" EAST 4.13 FEET," OF THE PORTION OF LAND DESCRIBED IN EXHIBIT "A". SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY. PREPARED BY A.P. NO.' 349-381-I M.C.E.P.N.: 01317 UG DIST. NO.' 41 REF. DWG. NO.' ?MC-380 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-25 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 C!'1'~ CLERK ~'F THE CITY OF ANAHEIM (SEAL)