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RES-2006-169RESOLUTION N0.2006-169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1671 WEST KATELLA AVENUE FOR THE PURPOSES OF THE KATELLA AVENUE SMART STREET - NINTH STREET TO HUMOR DRIVE PROJECT. (R/W ACQ 2004-00195). WHEREAS, the City of Anaheim has been investigating the acquisition of a portion of property located at 1671 West Katella Avenue, 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 July 112006, 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 ("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 Katella Avenue Smart Street -Ninth Street to Humor Drive 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 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 Govennment 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 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 8, 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 1671 West Katella Avenue, (Assessor Parcel No. 129-392-12). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. Fee simple title to approximately 855 square feet of the Property, as more specifically described in Exhibit "A" and depicted in Exhibit "B" attached hereto. B. A temporary construction easement over approximately 106 square feet of Property, more specifically described in Exhibit "G" attached 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 "G", approximately 106 square feet, and depicted in Exhibit "H" attached hereto, as deemed reasonably necessary for all purposes incidental to reconstructing and widening Katella Avenue in accordance with the approved street construction on 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. -2- 62363.1 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 vehiculaz access to the lazger 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 eazlier. Upon ternunation 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. C. A nonexclusive, temporary construction easement for building modification over approximately 1,461 square feet of property, more specifically described in the legal descriptions attached hereto as Exhibit "C" and depicted in Exhibit "D" attached hereto, for the purposes of modifying, reconstructing, relocating, repairing, or otherwise reconfiguring existing structural improvements, including signs, for the of clearing rights of way required for the Project. The temporary construction easement permits the City of Anaheim, its officers, agents, employees, and contractors, and any transferee of the easement rights acquired hereunder, to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the legal descriptions attached hereto as Exhibit "C" as reasonably necessary for all purposes incidental to modifying, reconstructing, relocating, -3- 62363.1 repairing, or otherwise reconfiguring existing structural improvements, including signs, for the purposes of clearing rights of way for the Project. The temporary construction easement includes the right to perform any necessary excavation, grading, earth fill, compaction, installation of concrete forms, landscaping, irrigation, utility, sign relocation, accommodation of private drainage facilities, deposit of tools, equipment, and material for all such necessary activities reasonably incidental to the work being perfonmed, and to install curbing or similaz structures to protect any relocated sign from vehicular damage. The rights granted hereunder shall commence immediately upon 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, or six (6) months after the notice of the initiation of the temporary construction easement, whichever is eazlier. D. A temporary, nonexclusive construction easement to permit the City, and/or its contractors, to enter onto the area more specifically described in the legal description attached hereto as Exhibit "E", approximately 102 square feet, and depicted in Exhibit "F" attached hereto, for the purposes of constructing or relocating~driveway and other vehicular or pedestrian access facilities, to safely maintain the passage of pedestrian and vehicular access between the public rights of way and the property of which the area described in Exhibit "A" is a part, and also to accommodate the public improvements contemplated under the Katella Avenue Smart Street -Ninth Street to Humor Drive Project. The Temporazy Driveway Construction/Relocation Easement shall include the right to install curbing or similar structures within the area of the easement, to direct vehicular traffic to the relocated driveway facilities, or protect the relocated driveway or access facilities from vehicular damage. The Temporary Driveway Construction/Relocation Easement includes the right to temporazily bring or store equipment, tools, and personnel onto the area of the easement, necessary or convenient for constructing or relocating driveway or other vehiculaz or pedestrian access facilities, consistent with the improvements contemplated under the Katella Avenue Smart Street -Ninth Street to Humor Drive Project. The temporary construction easement shall not include the right to store any materials or pazk any vehicles which are not incidental to the work to be performed on site in connection with the Project, nor to block all vehiculaz access to the lazger 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 azea. 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 conferred under this easement shall be effective upon written notice from the -4- 62363.1 City or its contractor to the owner or occupant of the easement area of the initiation of this Temporary Driveway Construction/Relocation Easement, and shall continue in full force and effect for three (3) months thereafter, at which point it shall expire. 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 Froject 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, and the temporary construction easements acquired will allow the Project to be built without sacrificing existing building improvements on the remaining property. 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, by way of letter dated March 8, 2006. 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 -5- 62363.1 important revisions to the E.I.R. 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 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 11th day of July, 2006 by the following roll-call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: Noae ABSTAIN: None ABSENT: Noae CTfY OF AHEIM MAYOR OF THE CITY O IM ATTEST: CIT RK F T CITY OF ANAHEIM -6- 62363.1 s ~ o LXHI~IT `A' ACQ20~04-00195 APN129-392-12 ALL THAT CERTAIN REAL PROPERTY SITUAT$D IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING 'A PORTION OF LOT 5 OF BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF SEC7~'ION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERDiARDINO BASE AND MERIDIAN, AS SHOWN ON A MAP RECORDED IN BOOK 1 PAGE 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THS COUNTY RECORDER OF SAID COUNTY, A PORTION OF SAID LOT 5 ALSO BEING SHOWN ON A MAP OF TRACT NO. 2177 FILED IN BOOK 59 PAGES 36 THROUGH 37, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF 5AID COUNTY, MORE PP,RTICUL~IRLY DESCRIBED AS FOLLOWS: CO'EiilI~TCI1~ AT THE CENTERLINE INTERSECTION OF KATELLA AVENUE AND EUCLID STREET, AS SHOWN ON SAID TRACT MAP; THENCE, EASTERLY ALONG SAID CENTERLINE OF KATELLA AVENUE (SHOWN AS BEING N89°41'50"W ON SAID TRACT MAP), SOUTH 89°40`56" EAST 285.02 FEET TO THE SOUTHERLY PROLONGATION OF A LINE BEINI~ PARALLEL WITH AND LYING EASTERLY 255.00 FEET FROM THE WESTERLY LINE OF SAID LOT 5; THENCE, LEAVING SAID CENTERLINE ALONG THE SOUTHERLY PROLONGATION OF SAID PARALLEL LINE, NORTH 00°55'54" BAST 60.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID KATELLA AVENUE (60' HALF~~WIDTH), AS DESCRIBED IN AN EASEMENT DEED RECORDED JUNE 25, 1981 AS BOOK 14115 PAGB 1831 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE POI>,1T OF 88(3II~IING; THENCE, LEAVING SAID NORTHERLY RIGHT O~ WAY LINE, ALONG SAID PARALLEL LINE NORTH 00°55'54" EAST 9.00 FEET TO THE BE~3INNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1205.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 00°28'55" EAST; THENCE, EASTERLY ALONG SAID CURVE 22.91 FEET THROUGH A CENTRAL ANGLE OF Ol°05'21"; THENCE, SOUTH 88°25'44" EAST 83.60 FE$T, MORE OR LESS TO THE WE5TSRLY LINE OF LOT 28 OF SAID TRACT NO. 2177; THENCE, ALONG SAID WESTERLY LINE SOUTH~00°52'47" WEST 6.88 FEET, MORE OR LESS TO SAID NORTHERLY RIGHT OF WAY LINE OF KA~'ELLA AVENUE; THENCE, WESTERLY ALONG SAID RIGHT OF WAY LINE NORTH 89°40'56' WEST 106.51 FEET, MORE OR LESS TO THE POINT OF 88(;INNINGI.~ CONTAINING: 855 SQ. FT., MORE OR LESS ALSO AS'SHOWN ON EXHIBIT `B', ATTACHED'HERETO AND BY THIS REFERENCE MADE A PART HEREOF. V:~PRO]ECTS\14262.OO~SUrmap~DOC1LI;GALS~2ND_SUBMITTAL~3Q41-RW-APN_129-392-12.DOC Page 1 oft • o SUB.7ECT TO COVEIJANTS, CONDITIONS, RESTRICTIONS, RESERVATION'S, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. PREPARED BY OR UNDER THE DI CTION OF: LORYNE A. SCHAMBER, P.L.S. 7408 MY LICENSE SXPIRES 12/31/2005 .JUNE 3, 2005 JN: 14262.00.000 V:\PROJECTS114262.00~sumiap\DOC\LEQALSt2ND SUBMITTAL13041-RW-APN_i29-392-I2.DOC Page 2 of 2 ~~ ~~>r AGQ 2004-00195 A.P.N. 129-392-12 TFtE BEARINGS 5IfOWN ttEREON ARE BASED UPON TtIE GR® BEARMG OF N 89'40'56" w. A5 MEASURED BETVIfEEN OCS itORGCONTAL CONTROL GP5 STATION 3051 AND GPS STATION 3036. PER RECORDS ON FILE N TFIE OFFICE OF TItE COUNTY SURVEYOR 8 ACCEPTED ItEREON A5 TI'IE G/L OF KATELLA AVE. () =RECORD DATA PER TRACT NO. 2177 M.M. 59/36-37 ~~ 3 . 0 I O~ 4J W W ~ 3 ~ ~ ~ O O b ~ ~ ~ ~ ~ ~, wN a ~ ~ ~ o ~ ~I ~ 1-J 255.00' ---~ ~$ ~ I ~ SHEET 1 ~F 1 CURVE TABLE O RADIJS DELTA LENGTii Cl 1205.00 01'05'21" ' LIB TABLE O. BEARING LENGTFI Li 500'52'47"W 6. 8' ~~~` "~ ~ ~ 0 y ~• GO ~. * ~ ~ $ POR710N OF LO7 5 BLO.GK ~ 7 SUBD. Sl /2 SEC~i 7dS R 101N SBM I APN 129-392-12 _ *855 SQ. FT. WI ~I ~I ~I ~i ~ 1` ~m N ~ om Z~ rn ~~ ~~ 1^ N 5W'LY GOR r I N89'4o'S6"w 106.51' l J v LOT 5 8LK 17 I r~ I P.O.B. EXISTING R/W ~ O W ~ 1 0 O.R. 14115/1831 ~ t ~ ~ ~. _ 0 ' I O ~~ ~ ~ OLD LOT ~j I ~, bl~ I I Z I 285.02' $ I I _ 106.56' _ _ _ ~~ ( _ ~,~ 125.02' 1~- P.O.G 589`40'SG"E 51G.G0' O.G.S. GPS #3036 ~18g41'5o"w) ~ KATEL.LA AVENUE ' BA515 OF BEARINGS TH1S EXH181T WAS PREPARED 8Y E OR UND MY DIRECAON LORYNE A SCHAMBER, P.LS 7408 MY LICENSE IXPIRES 12/3105 The Keith Companies n >Ire~.~ ~ i~ a aslite ~ a~-raoo EXHIBIT `C' ACQab04-00195 APN129-392-12 TEMPORARY CONSTRIICTION SA3~NT FOR HIIILDINC~ MODIFICATION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 5 OF BLOCK 17 OF A SUBDIVISION OF THE 30UTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BSRNARDINO BASE AND M$RIDIAN, AS SHOWN ON A MAP RECORDED IN BOOK 1 PAGE 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY 1ECORDER OF SAID COUNTY, A PORTION OF SAID LOT 5 ALSO BEING SHOWN ON A MAP OF TRACT NO. 2177 FILED IN BOOK 59 PAGES 36 THROUGH 37, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COl~8NCIMf3 AT TH8 CENTERLINE INTERSECTION OF KATEI;LA AVENUE AND EUCLID STREET, AS SHOWN ON SAID TRACT MAP; THENCE, EASTERLY ALONG SAID CENTERLINE OF KATELLA AVENUE (SHOWN AS BEING N89°41'50"W ON SAID TRACT MAP), SOUTH 89°40'56" EAST 285.02 FEET TO THE SOUTHERLY PROLONGATION OF A LINE BEING PARALLEL WITH AND LYING EASTERLY 255.00 FEET FROM THE WESTERLY LINE OF SAID LOT 5; THENCE, LEAVING SAID CENTERLINE ALONG THE SOUTHERLY PRO~,ONGATION OF SAID PARALLEL LINE, NORTH 00°55'54" EAST 60.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID KATELLA AVENUE (60' HALF WIDTH), AS DESCRIBED IN AN EASEMENT DEED RECORDED JUNE 25, 1981 A$ BQOK 14115 FADE 1831 OF OPFICIAL RECORDS. THENCE, LEAVING SAID NORTHERLY RIGHT OF WAY LINE, ALONG SAID PARALLEL LINE NORTH 00°55'54" EAST 9.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1205.00 FEET,. A RADIAL LINE THROUGH SAID POINT BEARS NORTH 00°28'55" EAST; THENCE, EASTERLY ALONG SAID CURVE 22.91 FEET THROUGH A CENTRAL ANGLB OF of°as'z1"; THENCE, SOUTH 88°25'44^ EAST 10.43 FEET TO TH$ POINT OF 8>iGINN2NGf THENCE, CONTINUING SOUTH $8°25'44" EAST 73.17 FEET, MORE OR LESS Ta THE WESTERLY LINE OF LOT 28 OF SAID TRACT NO. 2177; THENCE, ALONG SAID WESTERLY LINE NORTH 00°52'47" EAST 20.00 FEET; THENCE, NORTH 88°25'44" WEST 72.93 FEET; THENCE, SOUTH O1°34'16" WEST 20.00 FEET TO TAE POIli'i' OF BEGINNING. CONTAINING: 1461 SQ. FT., MORE OR LESS ALSO AS SHOWN ON EXHIBIT `D', ATTACHED HERETO AND BY THIS R~F'ERENCE MADE A PART HEREOF. V:1PR0)ECfS\14262.OOl~urtnaplDOC1LEGALS\Fiaal 5ubmiua113041-BLDG-APN 129-392-t2:DOC Pege 1 Of 2 SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. ' PREPARED BY OR ~Np THE RECTION OF ~~~ k G~G ~~ ~~~~~ LORYNE A. SCHAMBER, P.L.S. 7408 ~~ ~,$~ ~ MY LICENSE EXPIRES 12/31/2007 * ~~ ~~ ~, MAY 31, 2 0 0 5 REVISED JUNE 23, 2006 ~~t, ~ JN: 14262.00.000 V:1PROJEC7'S~14262.OOlsumwplDOC\LEGAI.S\Final_Submittal\3041-BLDG-AI~N 129-392-12.DOC Page 2 of 2 EXHIBIT 'D' AGQ 2004-00195 A.P.N. 129-392-12 TEMPORARY GONSTRUGTION BASEMENT I+ OR BUILIIING M~ODIFIGATION THE BEARNGS SHOWN HEREON ARE BASED UPON TH1; GRq? BEAR9+IG OF N 8440'56" W, A5 MEASURED BETWEEN OG5 FtORIZONTAL CONTROL GP5 STATION 3051 AND GPS STATION 3036. PER RECORDS ON FILE N TFtE OFflGE OF THE COUNTY SURVEYOR a ACCEPTED HEREON AS THE G/L OF KATELLA AVE. () ~ RECORD DATA PER TRACT NO. 2177 I M.M. 59/36-37 N kJ W ~ iu- o ~ ~ ~ O ~~Z~ I W 255.00' C3i I ~- ~ 30 ~O~ 0 3g ~~ w SHEET 1 ^F 1 GURVf TABLE NO. RADIUS DELTA LENGTH 1205.00' 03'05'21" 2.91' LNE TABL E NO. BEARING LENG Li 588'25'44"E 10.43' L NOO'S2'4T'E 0.00' 501'34'16" 20.00' L O'S2'47"E 6.88 ~1~~~~ ~ ~ ~A~~ 1~ PORTION OF LOT B OY ~ BLOCK i7 ~ ~ 5UBD. S l !2 SECS i T4S R f 0!N SB~M APN 129-392-12 ~$ o ~' zl AREA=11,461 SQ. FT. ~ TM ~~ ~~ O m ~ ~ ~- ~~~ ~ - ` EXI5TING R/W 5w1Y coR ~ ~ P.O. . LOT 5 BLK 17 I W ( ~ F ~ .-~W~~ ~ - O.R. 14115/1831 N O -~~ ~p-~~' ~ OLD LOT ~~~, $i $i i ~ _ 285.Or ~~ ~ _ ~ _ ~ • _ 106.56 125.02 P.O.C ~~ 589'40'56"E 516.60' _ ~- O.C.S. GPs #3036 ~ ~vs9.41'5o'•w) ~ KATELLA AVENUE ' Basis of ~aRnv~s THIS EXH18lf WAS PREPARED BY M OR UN MY DIRECTION. LORYNE A. SCHAMBER, P.LS 7408 MY LrCENSE EXPIRES i2/3 J/o7 .° `S1 0 REV: OB/23/06 ~ aF'. ! 3 0~- ~o * N0.7A08 STANTEC CONSULTING INC. 19 TECHNOLOGY DRIVE f C~, - IRVINE, Ca 92618 $t811~C 949.923.6000 ~nYcoom DATE: 05/31 /05 JOB N0. f 428200.000 EXHIBIT `E' ACQ2004-00195 APN129-39~-12 Tffi~PORARY CONSTRUCTION F~A$8M81~1T FOR DRI~TEOPAY ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEIN© PORTIONS OF LOT 5 OF BLOCK 17 OF R SUBDIVISION OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, A3~SHOWN ON A MAP RECORDED IN BOOK 1 PAGE 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A PORTION OF SAID LOT 5 ALSO BEING SHOWN ON A MAP OF TRACT NO. 2177 FILED IN BOOK 59 PAGES 36 THROUGH 37, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMNNNCING AT THE CENTERLINE INTERSECTION OF KATSLLA AVENUE AND EUCLID STREET, AS SHOWN ON SAID TRACT MAP; THENCE, EASTERLY ALONG SAID CENTERLINE OF KATELLA AVENUE (SHOWN AS BEING N89°41'50"W ON SAID TRACT MAP), SOUTH 89°40'56" EAST 285.02 FEET TO THE SOUTHERLY PROLONGATION OF A LINE BEING PARALLEL WITH AND LYING EASTERLY 255.00 FEET FROM THE WESTERLY LINE OF SAID LOT 5; THENCE, LEAVING SAID CENTERLINE ALONG THE SOUTHERLY PROLONGATION OF SAID PARALLEL LING, NORTH 00°55'54" EAST 60.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID KATELLA AVENUE (60' HALF WIDTH), ~AS DESCRIBED IN AN EASEMENT DEED RECORDED JUNE 25, 1981 A3 BOOK 14115 PAIGE 1831 OF OFFICIAL RECORDS. THENCE, LEAVING SAID NORTHERLY RIGHT OF WAY LINE, ALONG SAID PARALLEL LINE NORTH 00°55'54" EAST 9.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1205.00 FEET., A RADIAL LINE THROUGH SAID POINT BEARS NORTH 00°28' S5" EAST TO THE PO]:~iT 08 SSGIIQNIN6; THENCE, EASTERLX ALONG SAID CURVE 12.02 FEET THROUGH A CENTRAL ANGLE OF 00°34.17" TO THE POINT OF 88OINNING, A RADIAL LINE THROUGH SAID POINT BEARS NORTH O1°03'12" EAST; THENCE, CONTINUING EASTERLY ALONG LAST SAID CURVE 10.89 FEET THROUGH A CENTRAL ANGLE OF 00°31'04"; THENCE, SOUTH 68°25'44" EAST 23.10 FEET; THENCE, NORTH O1°34'16" EAST 3.00 FEET; THENCE, NORTH 88°25'44" WEST 23.10 FEET TO TH8 BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1208.00 FEET; THENCE, WESTERLY ALONG SAID CURVE 10.92 FEET THROUGH A CENTRAL ANGLE OF OO°31'04"; THENCE, RADIAL TO LAST SAID SOUTH O1°03'12" WEST 3.00 FEET TO THE pOID1T OF 88GINNING. CONTAINING: 102 SQ. FT., MORE OR LESS V:IPROJECTS114262.OO~SUn;nap~DOL'~L.EGAL$~Fin~ Sulxniga1~3041-DWY-APN 129-392-12.DOC Page 1 Of 2 ALSO AS SHOWN ON EXHIBIT `F', ATTACHED HERETO AND 8Y THIS REFERENCE MADE A PART HEREOF. - SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WRY OF RECORD, IF ANY. PREPARED BY OR ER DIRECTION OF: LORYNE A. SCHAMBBR, P.L.S. 7408 MY LICENSE EXPIRES 12/31/2007 JUNE 3, 2005 REVISED JUNE 23, 2006 JN: 14262.00.000 V:IPROJEC7'S~14262.OD~surmap~DOC1LEGAIS1Fina1_Submitta113041-DWY-APIV_129-392-12.DOC Page 2 of 2 ~~~ ~~ AGQ 2004-00195 A.P.N. 129-392-12 TEMPORARY CONSTRUCTION BA5i5 OF BEARNGS POR DRIVEWAY TFiE BEARNGS SFtOWN FfEREON ARE BASED UPON T11E GRID BEARING OF N 8440'56" W, A5 MEASURED BETWEEN OGS FtORIZONTAL CONTROL GP5 STATION 3051 AND GPS 5TATION 3036. PER RECORDS ON FILE N TFtE OFFlGE OF THE COUNTY SURVEYOR e ACCEPTED ttEREON AS TFtE C/L OF KATELIA AVE. {) ~ RECORD DATA PER TRACT NO. 2177 M.M. 59/36-37 I o ~ ~ ~ ~ Iz C~ P.O.G O.G.S a w LOT 5 BLOKR 17 i ~ f P.O.B. ~ F _~~~-~~-+~ ~IO OR. 14115/1831 ~ 0 i N~ I~ 1 CURVE TABLE NO. RADIU5 DELTA GTH G! 1205.00' OOr34'17" 12.02' G2 1205.00' 00'31'04" 10.89' 3 120. ' 00'31'04" 10.92' ~~ ~~ ~ ~ 3 O ~ 3 Q` ~ ~° o 1 ~y~~ ~, P ORT10N OF ~ ~~ L07 5 ~ $ ~ ~ BLocx i 7 ~-,~ SUBD. S~ /2 S~C29 W ~ T~1S R l 0411 5BM APN 129-392-12 255.00' !u ~[ 7 J $~ zl SHEET 1 OF 1 ~A SFM~NT LNE TABLE NO. BEARING LENG Ll 88'25'44"E 3.1 ' L2 NO '34'16"E 3.00' L3 N88'2 '44"W 23.10' L4 501'03'12" 3.00 L5 588'25'44"E 60.90 0~ `~ .A ~ ~ ~. ~°'' ~ b ~~ ~~ cu ~ o "' Zrn v~ (V O 1 C2 `~ ~ L5 EXISTNG R/W ~ N I a I ~q OLD LOT LNE I b ~' ~ ~ ~I 285.02' ~ ~ ~ 106.56' I - _/~- - - -~~ _ ~ 125.02' 58440'56"E 516.60' . GPS #3036 QV8441'50"W) ~ KATELLA AVENUE BA515 OF BEARINGS THIS EXHIBIT WAS PREPARED BY M OR UNDE MY DIRECTION. LORYNE A SCHAMBER, P.LS 74IJ8 MY LICENSE EXPIRES 12/31/07 REV:06/23/~B WI dd~ OL ~~ srarorEC coNSU~iNC ANC. 19 TECHNOLOGY DRIVE IRVINE, CA 92618 949.923.6000 ~wccom DA 7E . OB/0$/05 ~ ,IOB NO. 14262.00.000 }3XHIBIT `G' ACQ2004-00195 APNI29-392-12 TEMPORARY CONSTRUCTION EASEMENT ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 5 OF BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON A MAP RECORDED IN $OOK 1 PAGE 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A PORTION OF SAID LOT 5 ALSO BEING SHOWN ON A MAP OF TRACT NO. 2177 FILED IN BOOK 59 PAGES 36 THROUGH 37, INCLUSIVE OF MISCELLANEOUS MAPS, IN TH8 OFFICE OF THS COUNTY RECORDER OF SAID COUNTY, LYING WITHIN A STRIP OF LAND 1.00 FEET WIDE, THE SOUTHERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMM~CING AT THE CENTERLINE INTERSECTION OF KATELLA AVENUE AND EUCLID STREET, AS SHOWN ON SAID TRACT MAP; THENCE, EASTERLY ALONG SAID CENTERLINE OF RATELLA AVENUE (SHOWN AS BEING N89°41'50"W ON SAID TRACT MAF), SOUTfI 89°40'56" EAST 285.02 FEET TO THE SOUTHERLY PROLONGATION OF A LINE BEING PARALLEI, WITH AND LYING EASTERLY 255.00 FEET FROM THE WESTERLY LINE OF SAID LOT 5; THENCE, LEAVING SAID CENTERLINE ALONG THE 50UTHERLY PROLONGATION OF SAID PARALLEL LINE, NORTH 00°55'54" EAST 60.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID KATELLA AVENUE (60' HALF WIDTH), AS DESCRIBED IN AN EASEMENT DEED RECORDED JUNE 25, 1981 AS BOOK 14115 PAGE 1831 OF OFFICIAL RECORDS. THENCE, LEAVING SAID NORTHERLY RIGHT OF WAY LINE, ALONG SAID PARALLEL LINE NORTH 00°55`54" EAST 9.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1205.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 00°28'55" EAST, SAID POINT ALSO BEING THE POINT OF 8$GINNINGf THENCE, EASTERLY ALONG SAID CURVE 22.91 FEET THROUGH A CENTRAL ANGLE OF O1°05'21"; THENCE, SOUTH 88°25'44" EAST 83.60 FEET, MORE OR LESS TO THE WESTERLY LINE OF LOT 28 OF SAID TRACT NO. 2177 AND THE POIIiT OF TaR'II~I~TATION OF THE HEREIN DESCRIBED SOUTHERLY LINE. CONTAINING: 106 SQ. FT., MORE OR LESS ALSO AS SHOWN ON EXHIBIT 'H', 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. ~ C Gib ~~ -' pp~ l 3t A ~ t NQ 74Qa "k/ PREPARED BY OR ~E CTION OF: `_ LORYNE SCHAMBER, P.L.S. 7408 MY LICENSE EXPIRES 12/31/2007 JUNE 28, 2006 JN: 14262.00.000 z9-392-1z.DOC Page 1 of 1 EXHIBIT 'H' AGQ 2004-00185 A.P.N. 12q-3q2-12 TEMPORARY CONSTRUCTION THE DEARNGS SFfOWN FfEREON ARE BASED UPON TFIE GRD BEARING OF N 89'40'56" W. AS MEASURED BETWEEN OGS FtORIZONTAL CONTRflI. GP5 STATION 3051 AND GP5 STATION 3036, PER RECORDS ON FLE N THE OFFICE OF TttE COUNTY SURVEYOR e ACCEPTED FIEREON A5 TItE C/L OF KATELLA AVE. (} ~ RECORD DATA PER TRACT NO. 2177 M.M. 59/36-37 I W ~,1 8~~ ~ ~~ ~ ~~ ~ ~ ~ t~+ i I n' l 255.00' >- ~ 30 o~ ~$ ~~ hg ~l ~AS~M~NT SHEET 1 ^F 1 CURVE TABLE NO. RADIU5 DELTA LENGTFt Gt 1205.00' Oi'05 ' LNE TABLE NO. BEARING LENGTlf 1 NOO'52'4T'E 6.88 a~~~'~ ~'q~.~i ~, PORTION OF L07 5 ti4 BLOCK ] 7 ~`~ suaD. s ] ~~ s~c~ ] TES R ] 0~1 SaM acv 129-392-12 g AREA=1106 5Q. t T. 1 J ~~ TMm ~ I o "' zrn ~~~ SW'LY COR v ~/' ~ \P.O.B. ~" EXISTNG R/W ~ ~ I LOT 5 BLK 17 W~ w • ~j ~~!~ ~~~ ~ OR. 14115/1831 ~ DO . ~ ~~~~~~" ~'~~ oLD Low b~° bf~ ~~ $~ I 285.02' ~$~ ~ _ 1oG.5G' ' _ ,~ 125.02' P.O.G O.G.S. 589'40'56"E 516.60' GP5 #3036 ~ QrB9.4i'Sa'w) ~ KATELLA ~-VENUE s BAS!$ Of BEARMGS THIS IXHlB1T WAS PREPARED BY ME OR UNQER MY DIRECTIOw LORYNE A SCHAMBER, P.LS 7406 MY LICENSE D(P1RES 12/31/07 w~ d ~~ STANTEC CONSULTING INC. 19 TECHNOLOGY DRIVE - IRVINE, CA 92618 $t81i6i~C 949.923.6000 ~~ DATE 08/28/08 1 JOB NO. f 4282.0O:OOD