99-090RESOLUTION N0. 99R-90
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1055 AND 1057 WEST BALL
ROAD FOR THE PURPOSES OF CONDUCTING ROADWAY
IMPROVEMENT (R/W 5240-5).
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 1055 and 1057 West Ball Road, for the purposes of
making public roadway improvements on the circulation element of
the General Plan of the City of Anaheim; and
WHEREAS, May 11, 1999, 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 Ball Road and West Street; 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 for which acquisition of the
Property is required consists of the widening and improving of
Ball Road and West Street, 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 1055 and 1057 West Ball Road, (Assessor Parcel
No.036-241-07). The portions of Property the City seeks to
acquire, and the Property interests sought, consist of the
following:
A. Fee simple title to approximately 1026 square feet
of frontage along the Property, as more
specifically described in Exhibit "A" hereto.
B. A temporary construction easement over
approximately 384 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
Ball Road and West Street in accordance with the
approved street construction (the "Project"). The
2
_..__._ . _..t,..._
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
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 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
3
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 Ball Road and
West 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 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, and upgrading parkway landscaping, along with
attendant storm drain improvements. This will enhance the
utility of the area, improve traffic circulation, and contribute
to the overall resort destination identity of the Anaheim Resort
Specific Plan.
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 28, 1998. 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
4
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
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 11th day of ay, 1999.
_ MAY R OF THE ITY OF A HEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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RIGF,.-OF WAY DEDICATION
ANAHEIM RESORT PARCEL 67 (MOTEL)
APN 036-241-07
PAGE 2 OF 2
THENCE, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE ON ANON-TANGENT LINE
SOUTH 14°49'42" EAST 191.46 FEET TO THE TRUE POINT OF BEGINNING.
PARCELS A AND B CONTAIN APPROXIMATELY 1,026 SQUARE FEET.
ALL AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF.
prepared under the supervision of:
TRUXAW L.S. 6871
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Created: 08/13/97 2:25 PM
Printed: 02/21/98 11:14 AM
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Page 1 of 2
EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT
ANAHEIM RESORT PARCEL 67 (MOTEL)
APN 036-241-07
BALL ROAD 389' W/O WEST STREET
WEST STREET 202' N/O OF BALL ROAD
THAT PORTION OF LOT 30 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY
WILLIAM HAMEL AND FILED IN BOOK 3 PAGES 163 THROUGH 165, INCLUSIVE, OF
MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS
ANGELES COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A
BEGINNING AT CENTERLINE INTERSECTION OF WEST STREET AND BALL ROAD AS
SHOWN ON RECORD OF SURVEY No. 92-1104 FILED IN BOOK 144, PAGES 24 THROUGH 30,
INCLUSIVE OF RECORDS OF SURVEY OF SAID COUNTY, THENCE NORTH 89°09'30" WEST
388.70 FEET ALONG SAID CENTERLINE OF BALL ROAD; THENCE NORTH 00°50'30" EAST
53.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, CONTINUING NORTH 00°50'30" EAST 1.00 FOOT TO THE BEGINNING OF A NON-
TANGENTCURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1189.00 FEET;
THENCE, EASTERLY 76.47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03°41'04" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A
RADIUS OF 1211.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 02°51'27"
WEST;
THENCE, EASTERLY 78.19 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03°41'57";
THENCE SOUTH 89°09'30" EAST 37.46 FEET;
THENCE, SOUTH 00°50'30" WEST 1.00 FOOT;
THENCE, NORTH 89°09'30" WEST 37.46 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE SOUTH HAVING A RADIUS OF 1210.00 FEET;
THENCE, WESTERLY 78.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03°41'57" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH HAVING A
RADIUS OF 1190.00 FEET A RADIAL LINE TO SAID BEGINNING BEARS NORTH 02°51'27"
WEST;
THENCE, WESTERLY 76.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03°41'04" TO THE TRUE POINT OF BEGINNING.
PARCEL B
BEGINNING AT CENTERLINE INTERSECTION OF WEST STREET AND BALL ROAD AS
SHOWN ON RECORD OF SURVEY No. 92-1104 FILED IN BOOK 144, PAGES 24 THROUGH 30, INCLUSIVE O
BEGINNING OF THIS DESCRIPTION;
THENCE, CONTINUING SOUTH 75° 10' 18" WEST 1.00 FOOT TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 4186.00 FEET, A RADIAL
LINE TO SAID BEGINNING BEARS NORTH 77°38'07" EAST;
THENCE, NORTHERLY 11.22 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
00°09' 13";
THENCE, NORTH 12°31'06" WEST 92.20 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE WEST HAVING A RADIUS OF 2186.00 FEET;
is\word6\files\boy96051\3d\row•ball\e0149067.doc Created: 11/25/97 11:42 AM
Printed: 02/21/98 9:42 AM
RIGIi 1-OF WAY DEDICATION
ANAHEIM RESORT PARCEL 67 (MOTEL)
APN 036-241-07
PAGE 2 OF 2
THENCE NORTHERLY 88.13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
02°18'36";
THENCE, ON ANON-TANGENT LINE, NORTH 75°10'18" EAST 1.00 FOOT TO THE BEGINNING
OF ANON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2187.00'
FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 75° 10' 18" EAST;
THENCE, SOUTHERLY 88.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
02° 18' 36";
THENCE, SOUTH 12°31'06" EAST 92.20 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
THE WEST HAVING A RADIUS OF 4187.00 FEET;
THENCE, SOUTHERLY 11.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
00°09' 11" TO THE TRUE POINT OF BEGINNING.
PARCELS A AND B CONTAIN APPROXIMATELY 384 SQUARE FEET.
ALL AS SHOWN ON EXHIBIT D, ATTACHED HERETO AND MADE A PART HEREOF.
prepared under the supervision of:
tUXAW L.S. 6871 /~~~~NO.887a.
If TRUXAW
is\word6Miles\boy96051\3dlrow-ball\e0149067.doc Created: 11/25/97 11:42 AM
Printed: 02!21/98 9:42 AM
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