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RES-2008-205RESOLUTION NO. 2008- 205 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 3101 EAST LA PALMA AVENUE FOR THE PURPOSES OF THE KRAEMER BOULEVARD /LA PALMA AVENUE INTERSECTION IMPROVEMENT PROJECT (R/W ACQ 2006 00252). WHEREAS, the City of Anaheim has been investigating the acquisition of a portion of property located at 3101 East La Palma Avenue, 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 November 18, 2008, 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 Kraemer Boulevard /La Palma Avenue Intersection Improvement Project (the "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 in compliance with the California Environmental Quality Act "CEQA including a negative declaration which was approved on September 19, 2006 for the Kraemer Boulevard /La Palma Avenue Intersection Improvement 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 Kraemer Boulevard /La Palma Avenue Intersection Improvement Project which consists of the widening and improving of Kraemer Boulevard and La Palma Avenue, including installation of street landscaping and public utilities. The Location of the Project is depicted generally in the project precise alignment dated November 13, 2006 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 3101 East La Palma Avenue, (Assessor Parcel No. 345 101 -17). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. Street Easement title to approximately 675.7 square feet of the Property, as more specifically described in Exhibit "A" and depicted in Exhibit "B" attached hereto. B. A temporary construction easement over approximately 213.3 square feet of Property, more specifically described in Exhibit "C" attached 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 approximately 213.3 square feet, and depicted in Exhibit "D" attached hereto, as deemed reasonably necessary for all purposes incidental to reconstructing and widening Kraemer Boulevard and La Palma Avenue in accordance with the approved street construction on the Project. The temporary construction easement shall include the right to perform within the temporary construction easement area, 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. -2- Such incidental activities shall include, but not be limited to, utilizing the temporary construction easement area for 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, nor exercise the uses of the easement outside of the temporary construction easement area. 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 of the commencement of construction of the project 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. C. A temporary, nonexclusive construction easement to permit the City, and /or its contractors, to enter onto the area more specifically described in the legal description attached hereto as Exhibit "F in Parcel `B approximately 353.3 square feet, and depicted in Exhibit "G" attached hereto, for the purposes of constructing or relocating driveway and other vehicular or pedestrian access facilities, to safely maintain the passage of pedestrian and vehicular access between the public rights of way and the property of which the area described in Exhibit "A" is a part, and also to accommodate the public improvements contemplated under the Kraemer Boulevard /La Palma Avenue Intersection Improvement Project. The Temporary Construction Easement for driveway purposes shall include the right to install curbing or similar structures within the area of the easement, to direct vehicular traffic -3- to the relocated driveway facilities, or protect the relocated driveway or access facilities from vehicular damage. The Temporary Construction Easement for driveway purposes includes the right to temporarily bring or store equipment, tools, and personnel onto the area of the easement, necessary or convenient for constructing or relocating driveway or other vehicular or pedestrian access facilities, consistent with the improvements contemplated under the Kraemer Boulevard/La Palma Avenue Intersection Improvement Project. 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, nor exercise the uses of the easement outside of the temporary construction easement area. 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 conferred under this easement shall be effective upon written notice from the City or its contractor to the owner or occupant of the easement area of the initiation of this Temporary Construction Easement for driveway purposes, and shall continue in full force and effect for three (3) months thereafter, at which point it shall expire. D. A temporary, nonexclusive construction easement to permit the City, and/or its contractors, to enter onto the area more specifically described in the legal descriptions attached hereto as Exhibit "E in Parcel "A approximately 394.9 square feet, and depicted in Exhibit "G" attached hereto, for the purposes of constructing or relocating signage, including the replacement and /or relocation of sign faces, poles, footings, wiring or electrical conduits, switches, or other electrical appurtenances for the illumination or operation of signs and sign structures, to maintain the continuity of signage on the property of which the easement area is a part, and also to accommodate the public improvements contemplated under the Kraemer Boulevard/La Palma Avenue Intersection Improvement Project. The Temporary Construction Easement for Sign Relocation shall include the right to install curbing or similar structures, to protect the relocated sign and sign appurtenances from vehicular damage. The Temporary Construction Easement for Sign Relocation includes the right to temporarily bring or store equipment, tools, and personnel onto the area of the easement, necessary or convenient for constructing or relocating signage, consistent with the improvements contemplated under the Kraemer Boulevard /La Palma Avenue Intersection Improvement Project. The rights conferred under this easement shall be effective upon written notice from the City or its contractor to the owner or occupant of the easement area of the initiation of this Temporary -4- Construction Easement for Sign Relocation and shall continue in full force and effect for three (3) months thereafter, at which point it will expire. 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 Kramer Boulevard and La Palma 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, and the temporary construction easements acquired will allow the Project to be built without sacrificing existing building improvements on the remaining property. 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 help 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 April 24, 2007 and July 16, 2007. 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 applicable environmental review procedures in compliance with the California Environmental Quality Act "CEQA including a negative declaration which was approved on September 19, 2006 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 -5- 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 18' day of November, 2008 by the following roll -call vote: AYES: Mayor Pringle, Council Members Hernandez, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: Council Member Sidhu AP A ATTEST: CITY CLERK OF THE CITY 70980.1 /bmorley ANAHEIM CITY r NAHEIM MAYOR OF THE Y ANAHEIM That portion of Parcel 1, in the City of Anaheim, County of Orange, State of California, as per map filed in Book 43, Page 9 of Parcel Maps, in the office of the County Recorder of Orange County, California described as follows: Beginning at the centerline intersection of La Palma Avenue and Kraemer Boulevard as shown on said Parcel Map, said point being the Point of Beginning and designated as P.O.B. on Exhibit B, attached hereto and by this reference made apart thereof; thence along the centerline of Kraemer Boulevard North 16 53'30" West, 228.03 feet; thence leaving said centerline North 73 06'30" East, 53.00 feet to the intersection of the northerly line of Parcel 1, and the existing easterly right of way line of Kraemer Boulevard, said point is the True Point of Beginning (T.P.O.B.); Thence North 73 04'36" East, 3.00 feet along the northerly line of Parcel 1; thence South 16 53'30" East, 78.89 feet; thence South 73 06'30" West, 1.10 feet; thence South 16 53'30" East, 25.30 feet; thence North 73 06'30" East, 1.10 feet; thence South 16 53'30" East, 45.80 feet; thence South 61 54'27" East, 35.37 feet to the northerly right of way line of La Palma Avenue; thence along said right of way line South 73 04'36" West, 3.00 feet to the beginning of a tangent curve concave northeasterly having a radius of 25.00 feet; thence westerly and northerly along said curve through a central angle of 90 °01'54" an arc distance of 39.28 feet to a point on a tangent line, said line being the easterly right of way line of Kraemer Boulevard; thence North 16 53'30" West, 149.99 feet along said easterly right of way line to the True Point of Beginning. ICHARD J. WILSON RCE 29834 EXP. 3 -31 -09 EXHIBIT A LEGAL DESCRIPTION 345- 101 -17 User Name: djarvi Project: 115.032 La Palma Kraemer Intersection Create Mapcheck Reports Lot Name: Lot Description: Lot Owner: Lot Area (Square Feet): Lot Area (Acres): Lot Perimeter: Closing Direction: Closing Distance: 345- 101 -17 Right of Way Take Thrifty Oil Co. 675.72 0.02 382.82 N61 54'27 "W 0.0049 Course Data:(Mapcheck Through Radius Points Method) Date: 05 -17 -07 Time: 14 :40:09 Page: 1 Point Northing Easting Direction Distance Begin 2257579.1780 6073734.2718 N73 04'36 "E 3.00 2257580.0513 6073737.1419 S16 53'30 "E 78.89 2257504.5649 6073760.0644 S73 06'30 "W 1.10 2257504.2453 6073759.0119 S16 53'30 "E 25.30 2257480.0368 6073766.3631 N73 06'30 "E 1.10 2257480.3565 6073767.4156 S16 53'30 "E 45.80 2257436.5325 6073780.7234 S61 54'27 "E 35.37 2257419.8769 6073811.9264 S73 04'36 "W 3.00 PC 2257419.0036 6073809.0564 RP 2257442.9210 6073801.7791 Curve Direction: CW Radial In: N16 55'24 "W D.O.0 Arc: 229 10'59" D.O.0 Chord: N/A Radius: 25.00 Delta angle: 90 01'54" Tangent length: 25.01 Arc length: 39.28 Chord Direction: N61 54'27 "W Chord length: 35.37 External: 10.37 Middle ordinate: 7.33 Radial Out: S73 06'30 "W Point Northing Easting Direction Distance PT 2257435.6569 6073777.8577 N16 53'30 "W 149.99 End 2257579.1757 6073734.2761 Error of Closure 1 78255 Departure in Y (Northing): 0.0023 Departure in X (Easting): 0.0043 a 0 0 8 EXHIBIT B 345--101 17 CD 1 w CO 0 z J r ye 0 LL. O r C E E O �l NOT TO SCALE T. P. 0. B. �N73' 06' 30' E 53.00' M 0 o N N 56' 53' R =25. 00' L-39.28' P. 0. B. KFM ENGINEERING, INC. 26672 TOWNE CENTRE DRIVE, "300 FOOTHILL RANCH, CA. 92610 co ti 57. 10' 3' 06' 30' W 101; I S16'53'30'E 25. 30' M d N73' 06' 30' E i 1.10' in lA z 0, 1+1 0 c° tn S73' 04' 36' W 3. 00' N73' 04' 36' E 81.04' DRAWN; D J N73'04'36'E 3.00' DATE .05 /0 AP* 345 101 -16 APa 345 101 -17 561'54'27'E 35. 37' LA PALMA AVENUE CHKD. RJW DATE /07 51 6' 55' 24' E 35.00' PIS. MAP f BASIS OF BEARINGS: CENTERLINE OF KRAEMER BLVD SHOWN AS N 16' 53' 30' W PER PM 43-9. AREA SUMMARY: EASEMENT TAKE 675.7 S.F. LEGEND: EX. R/W LINE //L�� TOTAL EASEMENT TAKE PARCEL LINE ROADWAY EASEMENT CITY OF ANAHEIM R/W NO. 8 0. 0 0 EXHIBIT C LEGAL DESCRIPTION 345 Temporary Construction Easement That portion of Parcel 1, in the City of Anaheim, County of Orange, State of California, as per map filed in Book 43, Page 9 of Parcel Maps, in the office of the County Recorder of Orange County, California described as follows: Beginning at the centerline intersection of La Palma Avenue and Kraemer Boulevard as shown on said Parcel Map, said point being the Point of Beginning and designated as P.O.B. on Exhibit D, attached hereto and by this reference made apart thereof; thence along the centerline of Kraemer Boulevard North 16 53'30" West, 228.03 feet; thence leaving said centerline North 73 06'30" East, 53.00 feet to the intersection of the northerly line of Parcel 1, and the existing easterly right of way line of Kraemer Boulevard; thence South 73 04'36" West, 3.00 feet along the northerly line of Parcel 1 to the True Point of Beginning (T.P.O.B.) of a strip of land lying to the West and South of the following described line; Thence North 73 °04'36" East, 1.00 feet; thence South 16 53'30" East, 149.57 feet; thence South 61 54'27" East, 35.95 feet to the northerly right of way line of La Palma Avenue which is 53.00 feet North and perpendicular to the centerline of La Palma Avenue this point being the Point of Ending (P.O.E.). Excepting that portion of land that is described as the proposed roadway easement in Exhibit A and B which is attached to and made a part of this document. RICHARD J.&VILSON RCE 29834 EXP. 3 -31 -09 574/ 7 DATE EXHIBIT D 345 101 -17 TEMPORARY CONSTRUCTION EASEMENT (T. C. E. N73'04'36'E 3.00' NOT TO SCALE O N N 7 p I-� W Z I-- o aw— O vI 2 cc a x aw N73' 04' 36' E 81.04' P. 0. B. KFM ENGINEERING. INC. 26672 TOWNE CENTRE DRIVE, "300 FOOTHILL R'NCH, CA. 92610 LA PALMA AVENUE TEMPORARY CONSTRUCTION EASEMENT CITY OF ANAHEIM DRAWNI DJ DATE 06/0 T. C.E. CHKDt RJW DATE, /07 AP* N73' 04' 36' E 1.00' AP* 345 101 -17 561'54'27'E 35.95' 573'04'36'W 1.41' 516'55'24'E 35.00' 345 101 -16 BASIS OF BEARINGS: CENTERLINE OF KRAEMER BLVD SHOWN AS N16'53'30'W PER PM 43 -9. DI S. MAP in AREA SUMMARY: T. C. E. TAKE 213.3 SF L EGEND: EX. R/W LINE TOTAL T.C.E. TAKE PARCEL LINE T. C.E. R/W NO. That portion of Parcel 1, in the City of Anaheim, County of Orange, State of California, as per map filed in Book 43, Page 9 of Parcel Maps, in the office of the County Recorder of Orange County, California described as follows: Parcel "A" EXHIBIT E LEGAL DESCRIPTION 345 101 -17 Temporary Construction Easement For Sign Relocation Beginning at the centerline intersection of La Palma Avenue and Kraemer Boulevard as shown on said Parcel Map, said point being the Point of Beginning and designated as P.O.B. on Exhibit G, attached hereto and by this reference made apart thereof; thence along the centerline of La Palma Avenue North 73 04'36" East, 81.04 feet; thence leaving said centerline North 16 55'24" West, 53.00 feet to the northerly right of way line of La Palma Avenue, said point is the True Point of Beginning "A" (T.P.O.B. "A Thence North 61 54'27" West, 35.37 feet; thence North 16 53'30" West, 3.88 feet; thence North 73 06'30" East, 3.00 feet; thence North 80 32'09" East, 22.05 feet; thence South 20 21'12" East, 26.08 feet to a point on the said northerly right of way line of La Palma Avenue; thence South 73 04'36" West, 1.43 feet along said northerly right of way line of La Palma Avenue to the True Point of Beginning. ESSj g» 0 29834 Fxp. -31.0 44A01 CNIL 5/9/ RICHARD J.ILSON DATE RCE 29834 EXP. 3 -31 -09 EXHIBIT F LEGAL DESCRIPTION 345 101 17 Temporary Construction Easement For Driveway That portion of Parcel 1, in the City of Anaheim, County of Orange, State of California, as per map filed in Book 43, Page 9 of Parcel Maps, in the office of the County Recorder of Orange County, California described as follows: Parcel "B" Beginning at the centerline intersection of La Palma Avenue and Kraemer Boulevard as shown on said Parcel Map, said point being the Point of Beginning and designated as P.O.B. on Exhibit G, attached hereto and by this reference made apart thereof; thence along the centerline of La Palma Avenue North 73 04'36" East, 81.04 feet; thence leaving said centerline North 16 55'24" West, 53.00 feet to the northerly right of way line of La Palma Avenue; thence North 61 54'27" West, 35.37 feet; thence North 16 53'30" West 3.88 feet to the True Point of Beginning "B" (T.P.O.B. "B of a strip of land lying to the West of the following described line; Thence North 73 06'30" East 3.00 feet; thence North 16 53'30" West 108.50 feet; thence South 73 06'30" West 3.00 feet to a point which is 56.00 feet East and perpendicular of the centerline of Kraemer Boulevard this point being the Point of Ending (P.O.E.). Excepting that portion of land that is described as the proposed roadway easement in Exhibit A and B which is attached to and made a part of this document. RICHARD J. WILSON RCE 29834 EXP. 3 -31 -09 1) EXHIBIT G 345 101 17 T.C.E. FOR DRIVEWAY AND SIGN RELOCATION NOT TO SCALE N73' 06' 30' E r') 0 N N 53. 00' 56' 1 P.O. E O CO d Cr O W od) Cr wz r Q W— CD a ax CL. 4.1 N61'54'27'W 35.37' T. P.O.B. N73' 04' 36' E 81.04' P.O.B. KFM ENGINEERING. INC. 26672 TOWNE CENTRE DRIVE, *300 FOOTHILL RANCH, CA. 92610 SIGNATURE DATE DRAWN' DJ DATE'0 /07 N73' 04' 36' E 3.00' N 1 6 30' W 37.60' 573'06'30'W 3.00' 3' T. C. E. 2 I 0 /1 /1 /Ir.:4 AP* 345 -101 -17 rn tn AP* 345 101-16 PARCEL 'B' N73'06'30'E 3.00' N80' 32' 09' E 22.05' S20'21'12'E 26.08' PARCEL 'A' S73' 04' 36' W 1.43' N16'55'24'W 53. 00' LA PALMA AVENUE T.C.E. FOR DRIVEWAY AND SIGN RELOCATION CITY OF ANAHEIM CHKD' RJW DATE 06 /07 D IS. MAP BASIS OF BEARINGS: CENTERLINE OF KRAEMER BLVD SHOWN AS N16'53'30'W PER PM 43 -9. AREA SUMMARY: PARCEL TAKE 'A' 394.9 S.F. PARCEL TAKE 'B' 353.3 S.F. LEGEND: EX. R/W LINE /�7Tr f�j1 PARCEL LINE DRI A TCE V TAKE SIGN RELOCATION TCE TAKE ex C29834 60- 31 -09 O F C A R/ri NO.