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97-118RESOLUTION NO. 97R -118 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1734 SOUTH HARBOR BOULEVARD, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R /W 5180 -22). WHEREAS, the City of Anaheim has been investigating the acquisition of various interests in property, including fee interests and temporary construction easements, on property located at 1734 South Harbor Boulevard, for the purposes of making public roadway improvements, as part of the Anaheim Resort Area Specific Plan, and the Katella Avenue Smart Street Project; and WHEREAS, on July 15, 1997, 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, 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 Katella Avenue; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Environmental Impact Report No. 313 (Anaheim Resort); 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 consists of the widening and improving of Katella 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 1734 South Harbor Boulevard. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. Fee simple title to approximately 257.1 square feet of frontage along the Property, as more specifically described in Exhibit "A" hereto. B A temporary construction easement over approximately 121.09 square feet of Property, more specifically described in Exhibit "A" hereto. The temporary construction easement shall consist of the interests described below: -2- 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 as deemed reasonably necessary for all purposes incidental to reconstructing and widening Katella 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 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 -3- 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 twelve (12) months after notice. 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. 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 expansion of Katella Avenue in the manner contemplated by the Project. In addition, the Katella Avenue widening is coordinated with a regional roadway upgrade project designed to relieve regional traffic congestion and the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the street both within and without the City of Anaheim. 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, adding median islands, and upgrading parkway landscaping, along with attendant sewer and storm drain improvements. This will enhance the utility of the area for commercial purposes, improve traffic circulation, and improve the ability of the area to attract and serve tourism. -4- 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 October 21, 1996. 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 Environmental Impact Report No. 313, 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 previous environmental impact reports, 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 -5- 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 July, 1997. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 0023553.05 \mslaught \June 30, 1997 MAYOR OF THE CITY OF AHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 97R -118 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of July, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -118 on the 15th day of July, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of July, 1997. (SEAL) C CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -118 was duly passed and adopted by the City Council of the City of Anaheim on July 15, 1997. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT "A" PARCEL 1 FEE SIMPLE ACQUISITION a portion 22, Township 4 South, Range 10 West, Book 12, page 38 of Records of Survey, described as follows: of the Southeast quarter of Section in the S.B.M., as per map recorded in records of said Orange County, Beginning at the centerline intersection of Katella Avenue and Harbor Boulevard as shown on a map filed in Book 38, page 8 of Record of Surveys, in the office of the County Recorder of Orange County; thence along the centerline of Harbor Boulevard N00 °14'00 "W, 675.21 feet (205.80 m.); thence N89 °46'00 "E, 60.00 feet (18.29 m.) to a point on the existing easterly right -of- way line of Harbor Boulevard, said point being the True Point of Beginning and designated as T.P.O.B. on Exhibit B; thence N89 54'30 "E, 3.00 feet (0.91 m.); thence S00 °14'00 "E, 121.09 feet (36.91 m.) to a point on a non tangent curve concave Northeasterly having a radius of 1878.00 feet (572.41 in.), from said point a radial line bears N86 °31'41 "E; thence Northwesterly along said curve through a central angle of 03 °14'19" an arc distance of 106.15 feet (32.35 m.) to a point on a tangent line; thence NO0 °14'00 "W, 15.00 feet (4.57 m.) to the True Point of Beginning. CONTAINING 257 SQUARE FEET (24 u? MORE OR LESS PARCEL 2 TEMPORARY CONSTRUCTION EASEMENT A one (1) foot strip of land lying immediately adjacent to and easterly of Parcel 1 above. QhJ st) 2t,