97-176RESOLUTION NO. 97R- 176
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 620 -636 WEST KATELLA
AVENUE, FOR THE PURPOSES OF CONDUCTING
ROADWAY IMPROVEMENT (R /W 5180 -63).
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 620 -636 W. Katella Avenue, for the purposes of making
public roadway improvements, as part of the Anaheim Resort Area
Specific Plan, and the Katella Avenue Smart Street Project; and
WHEREAS, on September 16, 1997, 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 Katella Avenue; 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
§S 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 pfesented to the City
Council as follows:
SECTION I. The Project consists of the widening and
improving of Katella Avenue,' 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 620 -636 W. Katella Avenue, (Assessor Parcel No.
137 161 -05). The portions of Property the City seeks to acquire,
and the Property interests sought, consist of the following:
A. Fee simple title to approximately 1,224.00 square
feet of frontage along the Property, as more
specifically described in Exhibit "A" hereto.
B. A temporary construction easement over
approximately 402.0 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 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
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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 twelve (12) months after
notice. 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.
In addition, the Project includes provision of a perpetual
nonexclusive access easement to the public roadway system over
the area more specifically described as Ingress /Egress Easement
in Exhibit "A -1" attached hereto, for pedestrian and vehicular
access. Such easement shall permit the public pedestrian and
vehicular access to the adjacent Property (Parcel B) more
specifically described in Exhibit E, all as may be necessary or
beneficial to the use of Parcel B. The easement includes the
right to grade and to construct, operate, and repair incidential
appurtenances in order to maintain and preserve the utility of
Easement for pedestrian and vehicular access from the public
roadway sysstem to Parcel B. This easement is required pursuant
to authority granted by Code of Civil Procedure Section 1240.350,
and for the future public purpose of avoiding or lessening loss
of business goodwill or severance damage claims which may be
asserted by the owner(s) of the adjacent property in connection
with construction activities and property acquisitions thereon
for the same project.
-3-
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 expansion of Katella Avenue in
the manner contemplated by the Project. In addition, the Katella
Avenue widening is coordinated with a regional roadway upgrade
project designed to relieve regional traffic congestion and the
capacity of the street, which will require continuity in the
roadway alignment and traffic handling capacity of the street
both within and without the City of Anaheim.
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 2s 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, adding median islands, and upgrading parkway
landscaping, along with attendant sewer and storm drain
improvements. This will enhance the utility of the area for
commercial purposes, improve traffic circulation, and improve the
ability of the area to attract and serve tourism.
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
July 14, 1997. 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
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
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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 16th day of Sy.. ember, 1997.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
0024303.08\mslaught \Juno 30, 1997
MAYO. 1F THE OF AN IM
AP# 137 161 -05
EXHIBIT A
Grant to the City of Anaheim a portion of the Northeast quarter of the Northwest quarter of
Section 27, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana,
as per map recorded in Book 51, page 10 of Miscellaneous Maps, records of said Orange
County, described as follows:
Beginning at the centerline intersection of Katella Avenue and Harbor Boulevard as shown on
a map filed in Book 30, page 41 of Parcel Maps, in the office of the County Recorder of Orange
County; thence along the centerline of Katella Avenue S89 °54'34 "W, 655.61 feet (199.83 m.);
thence S00 °05'26 "E, 60.00 feet (18.29 m.) /o a point on the existing southerly right -of -way line
of Katella Avenue; said point being the True Point of Beginning and designated as T.P.O.B
Point B on Exhibit B; thence N89 °54'34 "E,'1.32 feet (0.40 m.); thence S01 °12'53 "E, 0.005
feet (0.001 m.) to a point on a non tangent curve concave Southwesterly having a radius of
1878.00 feet (572.41 m.), from said point a radial line bears S00 °02'36 "W; thence Southeasterly
along said curve through a central angle of 01 °26'50" an arc distance of 145.77 feet (44.43 m.)
to a point of reverse curve concave Northeasterly having a radius of 1878.00 feet (572.41 m.)
from said point a radial line bears N04 °29'26 "E; thence Southeasterly along said curve through
a central angle of 04 °34'52" an arc distance of 150.16 feet (45.77 m.) to a point on a tangent
line; thence N89 °54'34 "E, 150.26 feet (45.80 m.); thence S01 °20'55 "E, 2.00 feet (0.61 m.);
thence S89 °54'34 "W, 183.59 feet (55.96 m.) to a point on a tangent curve concave
Northeasterly having a radius of 1336.00 feet (407.21 m.); thence Northwesterly along said
curve through a central angle of 05 °04'57" an arc distance of 118.51 feet (36.12 m.) to a point
of reverse curve concave Southwesterly having a radius of 1304.00 feet (397.46 m.), from said
point a radial line bears SO4 °59'31 "W; thence Northwesterly along said curve through a central
angle of 05 °20'28" an arc distance of 121.56 feet (37.05 m.) to a point on a tangent line; thence
S89 °39'03 "W, 6.76 feet (2.06 m.); thence S59 °37'22 "W, 19.50 feet (5.94 m.); thence
N01 °12'53 "W, 13.50 feet (4.11 m.) to the True Point of Beginning.
CONTAINING 1224 SQUARE FEET (114 m) MORE OR LESS.
4/ 5J&9 -63
EXHIBIT 8
AP• 137 161 -05
LEGEND'
PROPOSED R/W LINE
SMART STREET R/W LINE
EXISTING R/W LINE
TOTAL R/W TAKE
77777?
A- PRIVATE 1NGRESS /EGRESS
EASEMENT FOR
PARCEL 137 161 -06
BASIS OF BEAR INGS1
THE CENTERLINE OF KATELLA
AVENUE BEING S89'54'34'W PER
P. M. 30 -41.
S0'53'E1 li\
/0.005' (0.001•)
1489'54
1.32' (0.40m)
SIOIN7'n
NOT TO SCALE
DETAIL A
477.
M G -23-r7
DATE
UMA ENGINEERING. INC.
17762 COWAN STREET
IRVINE. CA' 92714
01/1!/17
DATE
SMART STREET R/W TAKE 0 S.F.
SUPPLEMENTAL R/W TAKE 1224.0 S.F. (113.7 m')
re) an TOTAL R/W TAKE
.r
in
p.o
h o S01 55
2.00' (0.61m)
60' 4 T. P. O. B. PT. A
SO1'20'55'E
(21. 95m)
Wef t"'
0 36' W
(RAD.
CA
UJ
D
z
Q
I
SOb'05'26'E
72.00' (21.95m)
P489' 54' 34' E
50.00' (15.24m)
R- 1878.00' (572.41m)
d•04' 34' 52'
L -150. 16'(45.77m)
J
J
W (RAD.) P. R.
1-
a
R- 1878. 00' (572.41m)
0- 04'26'50'
L-145. 77' (44.43m)
(18.278)
T. P. O. B. PT. 8
DETAIL A
o8A1N. JOC
DATE' 6/97
HARBOR BLVD.
AREA SUMMARY'
EASEMENT AREA
ac' RK I D1L SP
DAtt.6 /97 n
P101'12'53'W
13.50'
(4.11m)
Sol'20'55'E
30.00' (9. 14m)
504'''
RAD. P. 3( R. C.
R- 1304.00' (397.46m)
A -05' 20' 28'
L•121. 56' (37. 05m)
589' 39'03'W
6.76'
(2. 06m)
S59'37'22'W
19.50'
(5.94m)
M N0.
1224.0 S.F. (1 13.7 ma)
1500 S.F. (457 m')
S89' 54' 34' W
50.00' (I 5.24m)
W6
m
trot; N01 20' 55 W
v•' A 30. 00' (9. 14m)
&I cm
in
2 0
.n 1n
JOLLY ROGER RESTAURANT INN
AP* 137 161 -05
OWNER' THE EDWARD THOMAS CO.
R- 1336.00' (407.21m)
a•-05' 04' 57'
L- 118. 51'(36.12m)
KATELLA AVENUE SMART STREET
APPROXIMATELY 650' WEST OF HARBOR /KATELLA INTERSECTION
S/9 -65
APB 137 161 -05
(ingress /egress easement) EXHIBIT A
A private ingress /egress easement granted by the owner of Assessor's Parcel No. 137 161 -05
(Jolly Roger Restaurant Inn/The Edward Thomas Co., Owner) for the benefit of Assessor's
Parcel No. 137 161 -06 (Chevron Gas Station/Chevron USA Inc., Owner), over, under and
across that portion of the Northeast quarter of the Northwest quarter of Section 27, Township
4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as per map recorded in
Book 51, page 10 of Miscellaneous Maps, records of said Orange County, described as follows:
Beginning at the centerline intersection of Katella Avenue and Harbor Boulevard as shown on
a map filed in Book 30, page 41 of Parcel Maps, in the office of the County Recorder of Orange
County; thence along the centerline of Katella'Avenue S89 °54'34 "W, 209.01 feet (63.71 m.);
thence S00 05'26 "E, 72.00 feet (21.34 m.) to a point on the existing southerly right -of -way line
of Katella Avenue; thence S01 °20'55 "E, 2.00 feet (0.61 m.), said point being the True Point
of Beginning and designated as T.P.O.B Point A on Exhibit B; thence S01 °20'55 "E, 30.00 feet
(9.14 m.); thence S89 °54'34 "W, 50.00 feet (15.24 m.); thence N01 °20'55 "W, 30.00 feet (9.14
m.); thence N89 °54'34 "E, 50.00 feet (15.24 m.) to the True Point of Beginning.
CONTAINING 1500 SQUARE FEET (457 m MORE OR LESS.
At,� 5 /8Q -[e 3
R/W No. 5180 -63
Project: Katella 1
The easement area is located parallel to and abutting the southerly area of the permanent taking. The strip
of land, uniform in width, is one foot by 449.92 feet (1' x 449.92
The total easement area is 449.92 S.F.
EXHIBIT "C"
Temporary Construction Easement
PARCEL B (RW 5180 -62)
The north 348 feet of the north 10 acres of the north 15 acres of the east half of the northeast
quarter of the northwest quarter of Section 27, Township 4 south, Range 10 West, S.B.B. M.,
in the City of Anaheim, County of Orange, State of California.
Excepting the west 4 feet thereof.
EXHIBIT E
Also excepting that portion thereof described as follows:
Beginning at the north quarter corner of said Section 27; thence south along the north -south
centerline of said Section, 235 feet; thence west parallel with the north line of said Section 210
feet; thence north parallel with said north -south centerline 235 feet to a point on said north line;
thence east along said north line 210 feet to the point of beginning.
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 97R -176 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 16th day of September, 1997, by the following vote of
the members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -176 on the 16th day of September, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 16th day of September, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -176 was duly passed and adopted by the City Council of
the City of Anaheim on September 16th, 1997.
CITY CLERK OF THE CITY OF ANAHEIM