2000-038RESOLUTION NO. 2000R-38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1440 NORTH STATE COLLEGE
BOULEVARD FOR THE PURPOSES OF CONDUCTING
ROADWAY IMPROVEMENT (R/W 5175-08).
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 1440 North State College Boulevard, 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, 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:
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 State College Boulevard; and
WHEREAS, the Project for which the Property to be acquired
is sought has previously been reviewed under applicable
environmental review procedures, initial study and Mitigated
Negative Declaration, for State College Boulevard/SR-91 Freeway
Improvement Project; and
WHEREAS, the City of Anaheim is authorized to acquire the
Property under authority of its own charter, and Government Code
3§ 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
State College Boulevard, 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 1440 North State College Boulevard, (Assessor
Parcel No. 338-192-01). The portions of Property the City seeks
to acquire, and the Property interests sought, consist of the
following:
Fee simple title to approximately 82.8 square feet
of frontage along the Property, as more
specifically described in Exhibit "A" hereto.
A temporary construction easement over
approximately 289.2 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
State College Boulevard 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
SECTION
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.
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 State College
Boulevard 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 ixnmediately 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,
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
August 19, 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 initial study and Mitigated Negative
Declaration, 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 initial study and Mitigated Negative
Declaration, such that no further environmental review attending
this proposed acquisition is necessary.
SECTION IX. The law firm of Oliver, Vose, Sandifer,
Murphy & Lee, 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 7tn day of March, 2000.
MAYOR OF T~IM
ATTEST:
~OF THE CITY OF ANAHEIM
27883.40XlVISLAUGHTXDecember 7, 1999 5
EXHIBIT A
THAT PORTION OF PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 3, PAGE 15 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD
AND ROMNEYA DRIVE AS SHOWN ON A MAP FILED IN BOOK 7, PAGE 37 OF PARCEL
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG
THE CENTERLINE OF STATE COLLEGE BOULEVARD NORTH 00° 08' 06" EAST 1722.77
FEET; THENCE SOUTH 89°51' 54" EAST 53.00 FEET TO THE SOUTHWEST CORNER OF
SAID PARCEL 1, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL 1, NORTH 00°08' 06" EAST 52.64 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
1141.00 FEET A RADIAL BEARING TO SAID CURVE AT SAID POINT BEARS SOUTH
87°35' 57" WEST; THENCE SOUTHERLY 52.77 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 2°39' 01" TO THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE
ALONG SAID SOUTHERLY LINE NORTH 89°39' 53" WEST 3.55 FEET TO SAID TRUE
POINT OF BEGINNING.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND
MADE A PART HEREOF.
CONTAINING 83 SQUARE FEET MORE OR LESS.
DATED THIS 3RD DAY OF FEBRUARY, 1999.
GWEN-VERA DEL CASTILLO, P.L.S. 5108
REGISTRATION EXPIRES 6/30/99
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EXttlBITC
TEMPORARY CONSTRUCTION EASEMENT
A 1.00 FOOT WIDE STRIP OF LAND OVER THAT PORTION OF PARCEL I IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
FILED IN BOOK 3, PAGE 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AS SHOWN ON EXHIBIT B ATTACHED HERETO AND
MADE A PART HEREOF.
DATED THIS 9TH DAY OF MARCH, 1998. , ,~ ~
L S 5108
GWEN-VERA DEL CASTILLO, P.L.S. 5108 ~
REGISTRATION EXPIRES 6/30/99
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OWVA39R08
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-38 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-38 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.
CI~H~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-38 was duly passed and adopted by the City Council of the
City of Anaheim on March 7th, 2000.
~O% THE CITY OF ANAH~~IM