RES-2006-036RESOLUTION N0.2006 - 03b
RESOL[~TION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1556 WEST KATELLA AVENUE
FOR THE PURPOSES OF THE KATELLA AVENUE SMART
STREET -NINTH STREET TO HUMOR DRIVE PROJECT
(R1W ACQ 2004-00220),
WHEREAS, the City of Anaheim has been investigating the acquisition of property
located at 1556 ~Uest Katella 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 March 7, 2006, 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 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 § 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 ("Property"), for the purposes of widening and improving the Katella Avenue Smart Street
-Ninth Street to Humor Drive Project; 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. 538 certified in February 1993 under the Final Environmental Impact Report
(Hereinafter "E.I.R.") through the Orange County Transportation Authority ("OCTA") for the
Katella Avenue Smart Street -Ninth Street to Humor Drive Project; and
WHEREAS, the City of Anaheim is authorized to acquire the Property under authority of
its own charter, and Government Code § § 3 73 50.5 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 Katella Avenue
Smart Street -Ninth Street to Humor Drive Project which consists of the widening and
improving of Katella Avenue, including installation of street landscaping and public utilities.
The Location of the Project is depicted generally in the project precise alignment dated March $,
2005 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 155b West
Katella Avenue, (Assessor Parcel No. 090-621-31). The portions of Property the City seeks to
acquire, and the Property interests sought, consist of the following:
A. Fee simple title to approximately 170 square feet of the Property, as more
specifically described in Exhibit "A" hereto.
B. A temporary construction easement over approximately 132 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 Katella Avenue 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 far 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 protector restore all improvements thereon.
The rights granted hereunder shall continence 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 Katella
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 wilt 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 traff c
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 attempted to be
made to the record owners, by way of letter dated June 14, 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.
SECTION VIII. The Project has been reviewed and approved under E.I.R. No. 538,
adequately reviewed and certified in February 1993 through the OCTA, 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 E.I.R. such that no further environmental review
attending this proposed acquisition is necessary.
SEC ON 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 maybe 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.
4
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 7th day of March 2006 by the following roll-calf vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSTAIN; None
ABSENT: None
CITY ANAHEIM
i~
MAYOR OF THE C OF ANAHEIM
ATTEST:,. /
CIT CLERK F TH CITY OF ANAHEIM
(,052G ~'~jsulislJanuan~ ?4, 2U06 j
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EXHIBIT `A'
ACQ2004-00220
APN090-621-31
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF THE NORTH HALF OF WEST HALF
OF NORTHEAST QUARTER OF SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO LAS BOLSAS, AS PER MAP FILED IN BOOK 51 AT PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CO~SNCING AT THE NORTHEAST CORNER OF SAID N1/2 W1/2 NE1/4 SW1/4 OF SECTION 28,
SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF KATELLA AVENUE AND
THE WESTERLY LINE OF THE ORANGE COUNTY FLOOD CONTROL CHANNEL, AS DESCRIBED PER
DOCUMENT RECORDED OCTOBER 14, 1957 IN BOOK 4069 AT PAGE 186 OF OFFICIAL RECORDS,
AL50 AS SHOWN ON A MAP OF TRACT NO . 3 2 4 0 PER MAP FILED IN BOOK 113 AT PAGES 1
THROUGH 3, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY
RECORDER;
THENCE, SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE ORANGE COUNTY
FLOOD CONTROL CHANNEL SOUTH 00°10'04" WEST 52.00 FEET TO A POINT OF INTERECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID KATELLA AVENUE (52.00' HALF WIDTH),
AS DESCRIBED IN AN EASEMENT DEED RECORDED APRIL 22, 1974 IN BOOK 11124 AT PAGE
1858 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE POINT O1~ 8EGINNING;
THENCE, WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89°40'56" WEST
132.00 FEET MORE OR LESS, TO THE EASTERLY LINE OF THE WEST 79 FEET OF THE EAST
211 FEET OF THE NORTH 186 FEET OF THE NORTH HALF OF THE WEST HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28;
THENCE, LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE ALONG LAST SAID WESTERLY LINE
SOUTH ao°10'04" WEST 2.15 FEET;
THENCE, LEAVING LAST SAID WESTERLY LINE NORTH 89°34'04" EAST 132.01 FEET TO SAID
WESTERLY RIGHT-OF-WAY LINE OF ORANGE COUNTY FLOOD CONTROL CHANNEL;
THENCE, NORTHERLY ALONG LAST SAID WESTERLY LINE NORTH 00°10'04" 0.43 FEET TO THE
POINT OF BEGINNING.
CONTAINING: 170 SQ. FT., MORE OR LESS
ALSO AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
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AGQ 2004-00220
A.P.N. 090-621-31
515 OF BEARNGS
THE BEARNGS SttOWN HEREON ARE @ASED UPON TttE
GRID BEARNG OF N 89'40'56" W, A5 MAESURED BETWEEN
OG5 i10RIZONTAI CONTROL GPS STATION 3051 AND GPS
STATION 3036, PER RECORDS ON FILE N TttE OFFlGE OF
TItE COUNTY SURVEYOR E ACCEPTED HEREON AS TI1E
G/L OF KATELLA AVE. P.O.G
() = REGORO DATA PER TRACT N0. 3240 M.M. 113/1-3 NE GOR
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EXHIBIT ~G ~
ACQ2004-00220
APN090-621-31
T~ORARY CONSTRIICTION BAS~MBNT
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF THE NORTH HALF OF WEST HALF
OF NORTHEAST QUARTER OF SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO LAS BOLSAS, AS PER MAP FILED IN BOOK 51 AT PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING
WITHIN A STRIP OF LAND 1.00 FEET WIDE, THE NORTHERLY LINE OF SAID STRIP BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COD~TCING AT THE NORTHEAST CORNER OF SAID N1/2 W1/2 NE1/4 SW1/4 OF SECTION 28,
SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF KATELLA AVENUE AND
THE WESTERLY LINE OF THE ORANGE COUNTY FLOOD CONTROL CHANNEL, AS DESCRIBED PER
DOCUMENT RECORDED OCTOBER 14, 1957 IN BOOK 40b9 AT PAGE 168 OF OFFICIAL RECORDS,
ALSO AS SHOWN ON A MAP OF TRACT N0. 3240 PER MAP FILED IN BOOK 113 AT PAGES 1
THROUGH 3, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY
RECORDER;
THENCE, SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE ORANGE COUNTY
FLOOD CONTROL CHANNEL SOUTH 40°10'04" WEST 52.00 FEET TO A POINT OF INTERECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID KATELLA AVENUE (52.00' HALF WIDTH),
AS DESCRIBED IN AN EASEMENT DEED RECORDED APRIL 22, 1974 IN BOOK 11124 AT PAGE
1858 OF OFFICIAL RECORDS;
THENCE, WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89°40'56" WBST
132.00 FEET MORE OR LESS, TO THE EASTERLY LINE OF THE WEST 79 FEET OF THE EAST
211 FEET OF THE NORTH 186 FEET OF THE NORTH HALF OF THE WEST HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28;
THENCE, LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE ALONG LAST SAID WESTERLY LINE
SOUTH 00°10'04" WEST 2.15 FEET TO THE POINT OF BEGINNING;
THENCE, LEAVING LAST SAID WESTERLY LINE NORTH 89°34'04" EAST 132.01 FEET TO SAID
WESTERLY RIGHT-OF-WAY LINE OF ORANGE COUNTY FLOOD CONTROL CHANNEL AND THE
TBR1~iINUS OF THE HEREIN DESCRIBED LINE .
THE SIDELINES OF SAID STRIP SHALL BE
TERMINATER IN THE WESTERLY LINE OF THE
THE EASTERLY LINE OF THE WEST 79 FEET OF
OF THE NORTH HALF OF THE WEST HALF OF
QUARTER OF SAID SECTION 28.
LENGTHENED AND OR SHORTENED SO AS TO
ORANGE COUNTY FLOOD CONTROL CHANNEL AND
THE EAST 211 FEET OF THE NORTH 186 FEET
THE NORTHEAST QUARTER OF THE NORTHWEST
CONTAINING: 132 SQ. FT., MORE OR LESS
ALSO AS SHOWN ON EXHIBIT 1D ~ ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
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V:IPROJECTS1142G2.OO15urmaplDOC1LEGALSI2ND SUBMITTALli041-TCE-APN 090-621-31.DOC
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- EXF~IT gyp'
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A.P.N. Oq0-621-31
„ems o~~~s,,,~~ TEMPORARY GONSTRUGTION EASEMENT
TttE BEARINGS SHOWN I'tEREON ARE BASED UPON THE
GRID BEARWG OF N 89'40'56" W, A5 h~ASURED
BETWEEN OC5 HORIZONTAL CONTROL GPS STATION
3051 AND GP5 STATION 3036, PER RECORDS ON FlLE
IN TItE OFFlGE OF ThE GOI~tTY SI~VEYOR E ACCEPTED
HEREON AS THE G/L OF KATELLA AVE. P.O.G
() =RECORD DATA PER TRACT N0. 3240 M.M. 113/1-3 NE GOR
Wl/2 NEl/4 NWl/4
5EC 28 T45 R10W SBM
~ KATELLA AVENUE
_ N89'40'56"W 89'13'30"E _
BA515 OF BEARINGS
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a PER 11124/1858 O.R.
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