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2002-051RESOLUTION NO. 2002R- 51 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1101 WEST LINCOLN AVENUE FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W ACQ 2001-00024). WHEREAS, the City of Anaheim has been investigating the acquisition of property located at 1101 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: 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 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 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 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 1101 West Lincoln Avenue, (Assessor Parcel No. 255-032- 16). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: Fee simple title to approximately 78.00 square feet of the Property, as more specifically described in Exhibit "A" hereto. Be A temporary construction easement over approximately 27.00 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 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 2 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 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 Ball Road and Euclid Street in the manner contemplated by the Project. The Project is designed to relieve regional traffic congestion and 3 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 landscaping, along with drainage improvements. This will enhance the utility of the area and improve traffic circulation. 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 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 November 1, 2001. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations 4 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, 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 26th day of February, 2002. CIlVY CLERK'OF THE CITY OF ANAHEIM MAYOR OF ~H EIM 43446.6\lnewberryklanuary 28, 2002 5 Exhibit "A" Land Description Being a portion of Lot 18, Block 4 of Summerfield and Oppenheimer's Subdivision of the Spoerl Tract, as shown on a map recorded in Book 19, Page 44 of Miscellaneous Records in the office of the County Recorder of Los Angeles County, California, described as follows: COMMENCING at a point on the eastedy line of said Lot 18, point is also on the westerly right-of-way line of West Street, said point is also the northern most point of that Parcel land described as Parcel No. 1 in the Final Judgment No. 26729, to the City of Anaheim recorded July 2, 1931, in Book 487, Page 420, Official Records of Orange County and being the beginning of a tangent curve concave northwesterly, said curve being tangent to the northeasterly line of said Lot 18, being South 15°30'00" East; Thence, along said northerly line as described in Parcel No. 1 of the Final Judgment No. 26729 and along said tangent curve with a radius of 21.00 feet, through a central angle of 16027'47" and an arc length of 6.03 feet to the TRUE POINT OF BEGINNING; Thence, continuing along said curve and northerly line with a radius of 21.00 feet, through a central angle of 75052'47" and an arc length of 27.81 feet; Thence leaving said northerly line as described in Parcel No. 1 of the Final Judgment No. 26729 and across said Lot 18 North 38°54'11" East, a distance of 25.82 feet to the TRUE POINT OF BEGINNING. CONTAINING 78 square feet, more or less. Exhibit attached and by this reference made a part hereof. Prepared By: ~ ~ PENCO, Engineering, Inc. David A. Floyd PLS 7676~Exp. 12/31/2004 ate 5' ALLEY EASE 10' ALLEY EASEMENT N 88'54'55" E 469.22' (Total) BK 10765, PG 494 ~ / BK 9605, PO 695 z BLOCK "4" OF SUMMERFIELD AND OPPENHEIMER'S o SUBDIVISION SPOERL TRACT I ~, MR - BOOK 19, PAGE 44. ~ ~ LOT 25 LOT 25] ~LOT 21' LOT 19 LOT 2~ ~LC'T 24 !LC'T 22'i LOT P. ~ ,OT,~D, ~EVEUOP~E~T CO~. O~/,_~~P.O.B.  ~ DETAIL L=38.2T(Totol) N 88'55'19" E 469.55' (T0t~0 NOT TO SCALE R=21.00' ~ ~ -~ A=104'25'19" NORTHERLY ..~ RIGHT-OF-WAY LINE S - , ~% L=6.05' /,' d9'02 13" E ' ~ _/R=21.00' ~x 4a~, PO 420. /,, A=16'27'47" Prepared From L=4.43 "' ~, R= · , ~ecord Information ~=21.00' '~ ~ ~,' ~ =21.00 ~=12.04,45,,~ ~ ~ ~ ~=75'52'47' EXHIBIT"3" ~EDE ~L OPMEN T A GENC Y SKETCH TO ACCOMPANY L~GAL D~SCRIPVlON 201 SOUTH ANAHEIM BOULE~;4RD, SUITE 103 LINCOLN PHASE H ANAHEIM, CA 92805 , ,, : SHEET 1 OF ~ ',SCALE ~ =40' ~OB~ 99499.0~ ~  PENGO ENGINEERING ~~ INC. BUiLDiNGONE TECHNOLOGYj_725 PARK OMI Engineerlng ~~~~X; IRVlNE, OALIFORNIA 92718 Planning (949) 753-8111 Sumeying Signature / Data - Exhibit "¢_," Temporary Construction Easement A temporary construction easement over a strip of land 1.00 foot wide measured at dght angles from the proposed northerly right-of-way line of Lincoln Avenue and over a portion of Lot 18, Block 4 of Summerfield and Oppenheimer's Subdivision of the Spoerl Tract, recorded in Book 19, Page 44 of Miscellaneous Records in the office of the County Recorder of Los Angeles County, California, the southeasterly line of said 1.00 foot easement being described as follows: COMMENCING at a point on the easterly line of said Lot 18, point is also on the westerly right-of-way line of West Street, said point is also the northern most point of that Parcel land described as Parcel No. 1 in the Final Judgment No. 26729, to the City of Anaheim recorded July 2, 1931, in Book 487, Page 420, Official Records of Orange County and being the beginning of a tangent curve concave northwesterly, said curve being tangent to the northeasterly line of said Lot 18, being South 15°30'00" East; Thence, along said northerly line as described in Parcel No. 1 of the Final Judgment No. 26729 and along said tangent curve with a radius of 21.00 feet, through a central angle of 16°27'47'' and an arc length of 6.03 feet to the POINT OF BEGINNING; Thence across said Lot 18 South 38°54'11" West, a distance of 25.82 feet to said northerly line as described in Parcel No. 1 of the Final Judgment No. 26729. The sideline of said strip is to be extended or shortened to terminate in said northerly line as described in Parcel No. 1 of the Final Judgment No. 26729 and the westerly right-of- way line of West Street. CONTAINING 27 square feet, more or less. Exhibit attached and by this reference made a part hereof. Prepared By: PENCO, Engineering, Inc. David A. Floyd PLS 767'6 Exp. 12/31/2004 / Date' 5' ALLEY EASE 10' ALLEY EASEMENT N 88'54'55" E 469.22' (Totol) z BLOCK "4" OF SUMMERPIELD AND OPPENHEIMER'S o SUBDIVISION SPOERL TRACT c3 MR BOON 19, PAGE 44 '.~ LO] 26 I LOT 24 LOT 2z LOT 20 p.o.c. ~ ROTANDA DEVELOPMENT CORP. k ~ DETAIL L=58.27'(lotal) N 88'55'19" E 469.55' (Totel) NOT TO SCALE R=21.00' NORTHERLY ¢/ ~. . A=104'25'19" BKRIGHT-OF-WAY487, PO 420. LINE ."' ~9'02'13"E. ,,l~R=21 00, ,, 1.0o FOOT TEMPORARY ~'%~% CONSTRUCTION EASEMENT ~/ ' ~" =27 81 Prepored From L=4 43 ,, ~/~ ~ ' , R 1 ' ",.. ~ .,// R=2100 Record Information =2 .00 '- ., ' .... A=12.04,45,,/~_ / A=75 52 47 EXHIBI T"P" REDE VEL OPMEN T A GENC Y , s~rcn ro acco~mur ~ ~scn~Przo~ 201 SOUTH ANAHEIM LINCOLN PHASE H ANAHEIM, CA 92~05 SHEET I OF I SCALE 1"=40' JOB~ 99499.01 ONE TECHNOLOGY PARK Civil Engineering J BUILDING J-725 IRVlNE, CALIFORNIA 92718 Planning (949) 753-8111 Su~eying Signature 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-51 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 CI'i'Y CLERi~ OF THE CITY OF ANAHEIM (SEAL)