2000-041RESOLUTION NO. 2000R- 41
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1730 SOUTH CLEMENTINE
STREET FOR THE PURPOSES OF CONDUCTING ROADWAY
IMPROVEMENT (R/W 5180-89).
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 1730 South Clementine Street, for the purposes of
making public roadway improvements as part of the Anaheim Resort
Area Specific Plan and the Clementine Street Widening Improvement
(Eastside) Project; and
WHEREAS, on March 7, 2000, 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 e
Whether the public interest and necessity required the
Project;
Whether the Project is planned or located in a
manner which is most compatible with the greatest
public good and the least private injury;
Whether the Property proposed to be acquired is
necessary for the Project; and
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 South Clementine 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
South Clementine 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 1730 South Clementine Street, (Assessor Parcel No.
082 431-11). The portions of Property the City seeks to acquire,
and the Property interests sought, consist of the following:
A e
Fee simple title to approximately 1,666.20 square
feet of frontage along the Property, as more
specifically described in Exhibit "A" hereto.
A temporary construction easement over
approximately 123.42 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
South Clementine Street 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;
2
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
commencement of the work, consistent with the
project as designed and as to be constructed.
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 improvement of South
Clementine 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 and 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
November 22, 1999. 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
4
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 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 7th day of March, 2000.
MAYOR OF NAHEIM
ATTEST:
27883.33MMSLAUGHTXFebruary I. 2000 5
EXHIBIT ~"
LEGAL DESCRIPTION
A.P. NO, 082-431-11
THAT PORTION OF LOT 6 OF TRACT NO. 3330. IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK
113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF KATELLA AVENUE AND
CLEMENTINE STREET AS SHOWN ON SAiD TRACT NO. 3330; THENCE NORTH 00°12'53''
WEST 552.01 FEET ALONG THE SAID CENTERLINE OF CLEMENTINE STREET; THENCE
NORTH 89°47'07" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID TRUE
POINT OF BEGINNING ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 6 AND A
POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF CLEMENTINE STREET AS SHOWN ON
SAID MAP; THENCE NORTH 00°12'53'' WEST 123.42 FEET ALONG THE WESTERLY LINE OF
SAID LOT 6 TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 89°54'55" EAST
13.50 FEET ALONG THE SAID NORTHERLY LINE; THENCE SOUTH 00°12'53'' EAST 123.42
FEET TO THE SOUTHERLY LINE OF SAID LOT 6; THENCE SOUTH 89°54'30" WEST 13.50
FEET ALONG THE SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 1666.20 SQUARE FEET.
DATED THIS 1"~ DAY OF OCTOBER, 1999.
CHARLES A. TUGGLE, P~
REGISTRATION EXPIRES 6/3/00
Exp.6/3o/oo
N89
r""~07~01[914 m]
T.P.D.B.
N89°54'55'E
m]
N89o54'55'E
EXIST. P/L
SATELLITE CLEANER INC.
AP~ 088-431-11
NDT TO SCALE
DX./NER : SATELLITE CLEANER INC.
1730 S. CLEMENTINE STREET
ANAHEIM, CA, 92808-8908
AREA :1,666.2 S.F.
[154.8 m2]
EXIST, P/L
N89°54'30#E
LI_J '~ s89'54'30'~,/
13.50'[4,11 m]
LU BASIS DF BEARINGS
(,_)
p.O.B./~' N89'54'30'E __CE
KATELLA
THE CENTERLINE OF KATELLA AVENUE
BEING N89°54'30#E PER TRACT 3330,
M.M, 113/21-88 OF THE CITY DF ANAHEIM
AVENUE
EXHIBIT
CITY DFANAHEIM
DEPARTMENT D PUBLIC V/ORKS
C I EER DATE
EAST SIDE DF CLEMENTINE STREET
FROM APPROXIMATELY 675.43'[805.87m] N/O KATELLA AVE.
TO APPROXIMATELY 558.01'[168.85 m] N/I] KATELLA AVE.
~TE' 07101199 D-87
EXHIBIT '~"
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
A.P, NO. 082-431-11
THAT PORTION OF LOT 6 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM. COUNTY OF
ORANGE STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK
113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.
CALIFORNIA, DESCRIBED AS FOLLOWS:
A I FOOT WIDE PARCEL OF LAND, THE WESTERLY LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF KATELLA AVENUE AND
CLEMENTINE STREET AS SHOWN ON SAID TRACT NO. 3330; THENCE NORTH 00°12'53"
WEST 552.01 FEET ALONG THE SAID CENTERLINE OF CLEMENTINE STREET; THENCE
NORTH 89°47'07" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID TRUE
POINT OF BEGINNING ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 6 AND A
POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF CLEMENTINE STREET AS SHOWN ON
SAID MAP; THENCE NORTH 00° 12'53" WEST 123.42 FEET ALONG THE WESTERLY LINE OF
SAID LOT 6 TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 89°54'55'' EAST
13.50 FEET ALONG THE SAID NORTHERLY LINE; THENCE SOUTH 00°12'53" EAST 123.42
FEET TO THE SOUTHERLY LINE OF SAID LOT 6; THENCE SOUTH 89°54'30" WEST 13.50
FEET ALONG THE SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 123.42 SQUARE FEET.
DATED THIS Isl DAY OF OCTOBER, 1999.
CHARLES A. TUGGLE,
REGISTRATION EXPIRES 6/3/00
N0. L$ 4025
Exp.6/3o/oo
LLJ E
N89°54'55'E
~3 5 [41~ ~]
21 ~
N89°54'55°E
t~1.00'[0 30 m]
N89°54'55'E
EXIST, P/L
SATELLtlTE CLEANER INC,
AP~¢ 08E-431-11
uJ F- ~ ~ ~ NOT TO SCALE
so_ ,, NER.sATELLITE CLEANER INC.
I ~ a ~ 2~ ' 1730 S, CLEMENTINE STREET
~1 ~ h~ AREA: 125.4 S.F.
S S~ [qq.5 m2]
z_ z ~ 1.00'[0.30 m] TEMPORARY CONSTRUCTION EASEMENT
N89~47'OT'E~~ EXIST. P/L
13,50'[4,11 m] 1.00'[0.30 m]
T,P.D.B.
BASIS DF BEARINGS
THE CENTERLINE DF KATELLA AVENUE
BEING N89°54'30'E PER TRACT 3330,
N.N1, 113/21-22 OF THE CITY OF ANAHEIN.
~_ .?e-5~'3o'E UCjE_
e.a.s.,/ KATELLA
AVENUE
EXHI]3IT ,p,
CITY BF ANAHEIN
,,ZRTNENT(~E PUBLIC WORKS
PRINC IVIL ER DATE
TEMPORARY CnNSTRUCTIDN EASEMENT
EAST SIDE BF CLENENTINE STREET
FROM APPROXIMATELY 675.43'[205.87r~] N/O KATELLA AVE.
TD APPROXIMATELY 552.01'[168.25 rq] N/O KATELLA AVE.
I)ATD 06/30/99 DATE~ 07/01/99 I)-87
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-41 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 7th day of March, 2000, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, 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. 2000R-41 on the 7th day of March, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 7th day of March, 2000.
I~C~F T~M
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-41 was duly passed and adopted by the City Council of the
City of Anaheim on March 7th, 2000.
C~F ~2~~
THE CITY OF ANAHEIM