2005-217RESOLUTION N0.2005- 211
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 2501 EAST LINCOLN AVENUE
FOR THE PURPOSES OF THE LINCOLN AVENUE/SUNKIST
STREET INTERSECTION PROJECT (R/W ACQ.2O03-00181)
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
at 2501 East Lincoln Avenue, Anaheim, California, for the purposes of making public roadway
improvements on the circulation element of the General Plan of the City of Anaheim; and
WHEREAS, on November 8, 2005, after no less than fifteen (1 S) days written notice to the
owners of the property referenced above, and more specifically described in the legal descriptions
attached hereto as Exhibits "A" and "C" 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 regarding the City's
identification of 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 § 72b7.2 had been given to
the owners of record;
and whether the City had properly exercised all of its statutory responsibilitiesand duties antecedent
to the exercise of eminent domain against the Property including review under CEQA; and
WI~EREAS, 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 the Lincoln AvenuelSunkist Street
Intersection Project; 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/Sunkist Street Intersection 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 TT 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/Sunkist Street Intersection Project which consists of the widening and improving of Lincoln
Avenue and Sunkist Street, including installation of public improvements, street landscaping and
public utilities. The Location of the Project is depicted generally in the project alignment plan
dated May 11, 2004 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 2501 East Lincoln
Avenue (Assessor's Parcel No.268-091-01). The portions of Property the City seeks to acquire, and
the Property interests sought, consist of the following:
A. Fee simple title to approximately 984.10 square feet of the Property, as more
specifically described in Exhibit "A" hereto.
B. A temporary construction easement over approximately 1,257.49 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 and Sunkist
Street 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; 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, 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
2
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.
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 and
Sunkist Street 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 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, byway of letter dated March 11, 2005. 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.
3
SECTION VIII. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification of Negative Declaration, 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
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 andlor
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 8~' day of November, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
MA OR OF TIC ANAHEIM
ATTE~:
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ITY CLE K OF HE CITY OF ANAHEIM
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EiCHiBIT "A"
LEGAL DESCRIPTION
AP NO.2fi8-091 ~1
THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 4, RANGE 10 WEST, IN THE RANCHO SAN JUAN GAJON
DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHAWN ON A MAP FILER IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCINGATTHECENTERLiNEINTERSECTION OFLINCOLN AVENUE, FORMERLYANAHEIM-
OLIVEROAD, AND SUNKIST STREET AS SAID CENTERLINES ARE DESCRIBED IN INSTRUMENT
N0.10394 OF BOOK 12324, PAGE 258, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA
AS GRANT DEED ON AUGUST 5,1977 8:55 AM; THENCE ALONG CENTERLINE OF SAID SUNKIST
STREET AS SHOWN ON TRACT N0.6459 RECORDED IN BOOK 241, PAGES 2 TO 4 OF SAID
MISCELLANEOUS MAPS, NORTH 00°11'DO"EAST 81.52 FEET; THENCE SOUTH 89°49'00" EAST 57.00
FEET; THENCE SOUTH 32°1l'19"EAST 3fi.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 32°17'19" EAST 12.fi7 FEET; THENCE SOUTH 78°54'18" EAST 5.59 FEET; THENCE NORTH
32°17'19" WEST 6.88 FEET; THENCE SOUTH 78°54'18" EAST 92.13 FEET; THENCE SOUTH 11°05'42"
WEST 5.00 FEET; THENCE NORTH 88°49'48" EAST 47.58 FEET TO A POINT ON THE EASTERLY
LINE OF THE PROPERTY DESCRIBED IN INSTRUMENT N0. 10394 OF BOOK 12324 PAGE 258,
OFFICIAL RECORDa OF ORANGE COUNTY, CALIFORNIA AS GRANT DEED ON AUGUST 5,1977,
8:55 A.M., SAID POINT BEING 222.35 FEET MORE OR LESS FROM THE CENTERLINE OF SAID
SUNKIST STREET; THENCE NORTH 00°11'00" EAST 0.33 FEET ALONG SAID EASTERLY LINE;
THENCE NORTH 80°08'51" WEST 2fi.20 FEET; THENCE NORTH 70°58'50" WEST 30.47 FEET;
THENCE NORTH 80°08'51"WEST 6,72 FEET TO THE BEGINNING OF ATANGENT CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 310.00 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE AN ARC DISTANCE OF 11.74 FEET THROUGH A CENTRAL ANGLE OF 02°10'11";
THENCE NORTH 82°19'02" WEST 64.fi2 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE
NORTHEASTHAVINGARADIUSOF290,O0FEET; THENCE NORTHWESTERLYALONG SAID CURVE
AN ARG DISTANCE OF 8.81 FEET THROUGH A GENTRAL ANGLE OF 01°44'25" TO THE TRUE POINT
OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND IS 984. ~ 0 SQUARE FEET MC?RE OR LESS.
DATED THIS 3~° DAY OF NOVEMBER, 2004.
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WALTER F. LUNDIN, P.L.S. 7077 N0, TTO7
REGISTRATION EXPIRES 12l31/Q4 _
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EXHIBIT "C"
LEGAL DESCRIPTIGN F4R TEMPORARY CDNSTRUCTiON EASEMENT
AP No. zs~-o9~-0~
THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
QUARTER OF SECTION 12, TOWNSHIP 4, RANGE 10 WEST SOUTHEAST
DE SANTA ANA, IN THE CITY OF ANA , IN THE RANCHO SAN JUAN CAJON
SHOWN ON A M,qp HEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, THE WESTERLY LINE OF WHICH IS MORE PARTICULARLY D
FOLLOWS: ESCRIBED AS
COMMENCING AT THE CENTERLINE INTERSECTION QF LINCOLN AVENUE FORMERLY
OLIVE ROAD, AND SUNKIST STREET AS SAID CEN ' ANAHEIM-
TERLINESARE DESCRIBED IN INSTRUMENT
NQ.10394 OF BOOK 12324, PAGE 258, OFFICIAL RECORDS OF ORANGE COUNTY CALIFO
AS GRANT DEED ON~AUGUST 5,1977 8:55 AM; THENCE ALON RNIA
STREET AS SHOWN ON TRACT N0.645 G SAID CENTERLINE OF SUNKIST
9 RECORDED IN BOOK 241, PAGES 2 TO 4 OF SAID
MISCELLANEQUS MAPS, NORTH 00°11'OD"EAST 81.52 FEET; THENCE SOUTH 89°49'00" EA
FEET; THENCE SOUTH 32°1l'19" EAST 3.00 FEET TO THE TRU ST57.00
CONTINUING SOUTH 32°17'19" EAST33.64 F E POINT OF BEGINNING; THENCE
EET TO THE BEGINNING OF ANON-TANGENT CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 290.00 FEET, A RADIAL THROUGH
POINT BEARS NORTH 09°25'23" EAST; THENCE SOUTHEASTERLY AL SAID
DISTANCE OF 8.81 FEET THROUGH A CENTRAL ONG SAID CURVE AN ARC
ANGLE OF 01°44'25";THENCE SOUTH 82°19'02"
EAST 64.fi2 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHW
HAVING A RADIUS OF 310.00 FEET; THENCE SOUTHEASTERLY EST
DISTANCE OF 11.74 FEET THROUGH A CENTRA ° ALONG SAID CURVE AN ARC
° ~ ~~ L ANGLE OF 02 1011 ,THENCE SOUTH 80 08 51
EAST fi.72 FEET; THENCE SOUTH l0 58 50 EAST 30.47 FEET; THENCE SOUTH 80°O8' 1"
26.20 FEET TO A POINT ON THE EASTERLY LINE OF PROPERTY D 5 EAST
10394 OF BOQK 12324 PAGE 258, OFFICIAL RE ESCRIBED IN INSTRUMENT N0.
CORDS OF ORANGE CQUNTY, CALIFORNIA AS
GRANT DEED ON AUGUST 5, 1977 8:55 A.M., SAID POINT BEING 222.35 FEET MORE OR
FROM THE CENTERLINE OF SAID SUNKIST STREET' THENC ° LESS
ALONG SAID EASTERLY LINE; THENCE NO E NORTH 00 1100 EAST 6.53 FEET
RTH 84°40'05" WEST 19.03 FEET; THENCE NORTH
78°19'33" WEST 13.63 FEET; THENCE NORTH 70°58'50" WEST 11.20 FEET; THENCE SO TH
89°07'44" WEST 11.3fi FEET; THENCE NORTH 78°53'11" WE U
11°05'42" EAST 3.61 FEET; THENCE NORTH ° ~ ,~ ST 68,50 FEET; THENCE NORTH
78 5136 WEST 1.50 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 11.50 FEET' THENCE
NORTHWESTERLYALONGSRID CURVE AN ARC DISTANCE OF fi.$G FEET THRO
ANGLE OF 34°09'54"; THENCE NORTH 44°41'42" UGH A CENTRAL
WEST 22.79 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 18.50 FEET• THENCE
NORTHWESTERLYALONGSAID CURVEANARC DISTANCE OF 14.51 FEETTHROUGHA CENTRA
ANGLE OF 44°57'01'; THENCE NORTH 89°38'43" VILEST 14.35 FEET L
BEGINNING. TO THE TRUE POINT OF
THE ABOVE DESCRIBED PARCEL OF LAND IS 1257.49 SQUARE FEET MORE OR LESS.
DATED THIS 2N° DAY OF DECEMBER, 2D04.
WALTER F. LUNDIN, P.L.S. 77x7
REGISTRATION EiCPiRES 12131104
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bATE:_9-?8-pq PATE: la-1-04 ~IJ,11,3 H~~ ~Q. AC0100,~-00181