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2002-049RESOLUTION NO. 2002R- 49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1009 and 1011 WEST LINCOLN AVENUE FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W ACQ 2001-00022). WHEREAS, the City of Anaheim has been investigating the acquisition of property located at 1009 and 1011 West Lincoln 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 February 26, 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 Exhibit "~', 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: Ao Whether the public interest and necessity required the Project; Be Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; Ce Whether the Property proposed to be acquired is necessary for the Project; and 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 the Property more particularly described herein ("Property"), for the purposes of widening and improving Lincoln Avenue; 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 for the Lincoln Avenue-Phase II/Street Widening; 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 Lincoln Avenue-Phase II/Street Widening which consists of the widening and improving of Lincoln Avenue, 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 1009 and 1011 West Lincoln Avenue, (Assessor Parcel No. 255-033-04). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: Ao Fee simple title to approximately 7,012 square feet of the Property, as more specifically described in Exhibit "A" hereto. 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 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, undergrounding of utilities, and upgrading parkway 2 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 December 20, 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. The construction of the project will leave any remaining property on the site in such size, shape, or condition as to be of little market value, and acquisition of such portion is authorized by, and proceeds, under the Code of Civil Procedures sections 1240.410. SECTION VIII. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Negative Declaration, 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 26~h day of January, 2002. ATTEST: CITY~ CLERK~OF THE CITY OF ANAHEIM 43446.4\lnewberry~January 25, 2002 4 R/W No. ACQ2001-00022 APN: 255-033-04 Title Order No. OR-2037032 Project: Lincoln Avenue - Phase II EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS: THE NORTH 140.25 FEET OF LOT 5 OF TRACT NO. 254, AS SHOWN ON A MAP RECORDED IN BOOD 13, PAGE 35 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. 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-49 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of February, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None CIT~ CLERK (~F THE~CITY OF ANAHEIM (SEAL)