RES-2017-192RESOLUTION NO. 2017 -192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR THE ACQUISITION OF PROPERTY
LOCATED AT 1605 EAST GENE AUTRY WAY FOR THE
PURPOSES OF THE GENE AUTRY WAY AND STATE
COLLEGE BOULEVARD IMPROVEMENT PROJECT (R/W ACQ
2017-00910)
WHEREAS, the City of Anaheim has been investigating the acquisition of property located at
1605 East Gene Autry Way 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 December 19, 2017, 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", "B", "C" and "D", 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 Gene Autry Way and State College Boulevard
Improvement Project ("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, including the Negative Declaration for
the Gene Autry Way and State College Boulevard Improvement Project approved by the City
Council on Apri14, 2017 and on October 26, 2010, previously certified and approved E.I.R. No. 339,
in accordance with the California Environmental Quality Act (CEQA); 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 Improvement Project
which consists of the widening and improving of Gene Autry Way and State College Boulevard,
including installation of street landscaping and public utilities. The Location of the Project is
depicted generally in the final project precise alignment, as previously approved by the City Engineer
on May 1, 2017, as part of the record of hearing in this matter.
SECTION II. The Property to be acquired is located within the City at 1605 East Gene Autry
Way (Assessor Parcel No. 232-121-21). The Property the City seeks to acquire, and the Property
interests sought, consists of the following:
A. Permanent easement for street and public utility purposes title to Property
consisting of approximately 2,858 square feet, as more specifically described
in Exhibit "A" and "B" attached hereto.
B. A temporary construction easement over approximately 11,772 square feet of
Property, more specifically described in Exhibit "C" and "D" 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" and
"D" as deemed reasonably necessary for all purposes incidental to
reconstructing and widening Gene Autry Way and State College Boulevard
Improvements in accordance with the approved street construction (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; slough wall construction,
installation of concrete forms; landscaping; irrigation; utility; and sign
relocation accommodation of private drainage facilities; and deposit of tools,
-2-
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, 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 six (6) 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.
City shall not exercise its non-exclusive rights under this Temporary
Construction Easement in such way as to unreasonably interfere with
pedestrian or vehicular access to the building on the Property.
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 Gene Autry Way and
State College Boulevard in the manner contemplated by the Project. The Project is designed to
-3-
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,
construction of median island, 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 June 20, 2017. 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 Negative
Declaration, adequately reviewed and approved on April 4, 2017 and on October 26, 2010 previously
certified and approved E.I.R. No. 339„ 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 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
in
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 19th day of December, 2017, by the following roll call vote:
AYES: Mayor Tait and Council Members Murray, Barnes, Kring, and
Faessel
NOES: Mayor Pro Tem Vanderbilt
ABSENT: None
ABSTAIN: Council Member Moreno
CITY OF ANAHEIM
B:
Y
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CIT OF TH CITY OF ANAHEIM
(Acting)
125424/bmorley
-5-
EXHIBIT "A"
EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES
A.P. NO. 232-121-21
ACQUISITION NO. 2017-00910
BEING THAT PORTION OF PARCEL 10 IN BLOCK "C" OF THE PARCEL MAP IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 104, PAGE
12, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF GENE AUTRY WAY (FORMERLY
PACIFICO AVENUE) AND UNION STREET (FORMERLY CHRIS LANE) AS SHOWN ON SAID
PARCEL MAP;
THENCE ALONG THE CENTERLINE OF CHRIS LANE NORTH 00053'18" EAST (RECORD
NORTH 00°00'06" WEST), 79.53 FEET;
THENCE LEAVING SAID CENTERLINE, SOUTH 89°06'42" EAST, 32.00 FEET TO THE WEST
LINE OF SAID PARCEL 10, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 44°06'50" EAST, 31.12 FEET TO A LINE PARALLEL WITH AND 57.50 FEET
NORTHERLY OF THE CENTERLINE OF SAID GENE AUTRY WAY;
THENCE ALONG SAID PARALLEL LINE, SOUTH 89°08'13" EAST, 194.40 FEET;
THENCE LEAVING SAID PARALLEL LINE, NORTH 89°43'02" EAST, 3.49 FEET TO THE EAST
LINE OF SAID PARCEL 10;
THENCE ALONG THE BOUNDARY OF SAID PARCEL 10 THE FOLLOWING 4 COURSES:
1) SOUTH 00°10'49" WEST, 12.57 FEET;
2) NORTH 89°08'13" WEST, 195.04 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET;
3) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90°01'31 "AN ARC LENGTH OF 39.28 FEET;
4) NORTH 00°53'18" EAST, 9.50 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 2,858 SQUARE FEET, 0.066 ACRES MORE
OR LESS.
ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN
/7RMAN TH THE P FESSIONAL LAND SURVEYORS' ACT.
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EASEMENT FOR STREETAND PUBLIC UTILITYPURPOSES
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EXHIBIT "B"
EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS SURVEY IS BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE
VI, NAD83 (NSRS2007, EPOCH 2011.00) AS DETERMINED LOCALLY BY A LINE BETWEEN CONTINUOUS GLOBAL
POSITIONING STATIONS (CGPS) 'BLSA" AND 'CCCS' BEING NORTH 6606'41" EAST AS DERIVED FROM COORDINATES
PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER (CSRC) ON MAY 24, 2011.
STATION
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ACO. NO. 2017-00910 JOB NO. 15265
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
A.P.N. 232-121-21
ACQUISITION NO. 2017-00910
BEING THAT PORTION OF PARCEL 10 IN BLOCK "C" OF THE PARCEL MAP IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 104, PAGE
12, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF GENE AUTRY WAY (FORMERLY
PACIFICO AVENUE) AND UNION STREET (FORMERLY CHRIS LANE) AS SHOWN ON SAID
PARCEL MAP;
THENCE ALONG THE CENTERLINE OF CHRIS LANE NORTH 00053'18" EAST (RECORD
NORTH 00°00'06" WEST), 79.53 FEET;
THENCE LEAVING SAID CENTERLINE, SOUTH 89006'42" EAST, 32.00 FEET TO THE WEST
LINE OF SAID PARCEL 10, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 44006'50" EAST_, 31.12 FEET TO A LINE PARALLEL WITH AND 57.50 FEET
NORTHERLY OF THE CENTERLINE OF SAID GENE AUTRY WAY;
THENCE ALONG SAID PARALLEL LINE, SOUTH 89008'13" EAST, 194.40 FEET;
THENCE LEAVING SAID PARALLEL LINE, NORTH 89°43'02" EAST, 3.49 FEET TO THE EAST
LINE OF SAID PARCEL 10;
THENCE ALONG SAID EAST LINE, NORTH 0010'49" EAST, 45.93 FEET;
THENCE.LEAVING SAID EAST LINE THE FOLLOWING 5 COURSES:
1) NORTH 89°08'13" WEST, 156.81 FEET;
2) NORTH 0°51'47" EAST, 6.65 FEET;
3) NORTH 89°08'13" WEST, 35.52 FEET;
4) NORTH 0°53'18" EAST, 55.41 FEET;
5) NORTH 89°06'42" WEST, 27.00 FEET TO THE WEST LINE OF SAID PARCEL 10;
THENCE ALONG SAID WEST LINE, SOUTH 0°53'18" WEST, 86.06 FEET TO THE TRUE
POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 11,772 SQUARE FEET, 0.270 ACRES MORE
OR LESS.
ALL AS SHOWN ON EXHIBIT "D", ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
THIS DESCRIPTIQbj WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN
CON MA H T PRO SSIONAL LAND SURVEYORS' ACT.
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EXHIBIT "D"
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ACQ. NO. 2017-00910
JOB NO.
15265
LEGEND
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ACQ. NO. 2017-00910
JOB NO.
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EXHIBIT "D"
TEMPORARY CONSTRUCTION EASEMENT
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS SURVEY IS BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE
VI, NAD83 (NSRS2007, EPOCH 2011.00) AS DETERMINED LOCALLY BY A LINE BETWEEN CONTINUOUS GLOBAL
POSITIONING STATIONS (CGPS) -BLSA' AND 'CCCS' BEING NORTH 66'06'41' EAST AS DERIVED FROM COORDINATES
PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER (CSRC) ON MAY 24, 2011.
STATION LATITUDE LONGITUDE NORTHING EASTING PUBLISHED ACCURACY
0 68% ACCURACY
BLSA N3347'58.34530" W118 01'43.19054' 2239163.778 6021325.349 0.0002m (N) 0.0002m (E)
CCCS N33'51'45.66271' W117'51'53.74694' 2261350.069 6071418.313 0.0004m (N) 0.0004m (E)
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GENE AUTRY WAY
A.P.N. 232-121-21
ACQ. NO. 2017-00910
GENE AUTRY WAY
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Resolution No. 2017-192 adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 19th day of December. 2017 by the following vote of the
members thereof:
AYES: Mayor Tait and Council Members Murray, Barnes, Kring, and Faessel
NOES: Mayor Pro Tem Vanderbilt
ABSTAIN: Council Member Moreno
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of January, 2018.
Y CLERK F THE CITY OF ANAHEIM
(SEAL)