2000-037RESOLUTION NO. 2000R- 37
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1420 NORTH STATE COLLEGE
BOULEVARD FOR THE PURPOSES OF CONDUCTING
ROADWAY IMPROVEMENT (R/W 5175-05A & 5B).
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 1420 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," and "AI" 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;
B e
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 e
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
§§ 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 1420 North State College Boulevard, (Assessor
Parcel No. 338-192-02). 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 1,277.40 square
feet of frontage along the Property, as more
specifically described in Exhibit "A" and ~AI"
hereto.
A temporary construction easement over
approximately 387.31 square feet of Property, more
specifically described in Exhibit "C" and ~CI"
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" and ~CI" 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
2
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
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 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 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,
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.
in
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 S
7267.2 has been made to the record owners, by way of letter dated
July 30, 1999 and January 26, 2000. 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
4
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 7th day of March, 2000.
MAYOR OF~~T~AH/EIM
ATTEST:
O~
F THE CITY OF ANAHEIM
27883.37XmslaughtXFebruary 12, 1998 5
EXHIBIT A
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 42 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 SAD COUNTY; THENCE ALONG
THE CENTERLINE OF STATE COLLEGE BOULEVARD NORTH 00°08' 06" EAST 1579.64
FEET; THENCE SOUTH 89°51' 54" EAST 60.44 FEET TO THE SOUTHWEST CORNER OF
SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE OF SA1D PARCEL 1, NORTH
06°34' 44" WEST 63.62 FEET; THENCE NORTH 00°08' 06" EAST 11.65 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 00°08' 06" EAST 68.30 FEET TO
THE NORTI-RVEST CORNER OF SAD PARCEL 1; THENCE ALONG THE NORTHERLY
LINE OF SAID PARCEL 1, SOUTH 89o39. 53" EAST 3.55 FEET TO A POINT ON A CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 1141.00 FEET, A RADIAL TO SAID POINT
BEARS SOUTH 84056' 56" WEST; THENCE SOUTHERLY 12.90 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 0°38' 52"; THENCE SOUTH 05°41' 56" EAST 52.01
FEET; THENCE SOUTH 69°55' 50" WEST 10.74 FEET TO SAID TRUE POINT OF
BEGINNING.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND
MADE A PART HEREOF.
CONTAINING 457 SQUARE FEET MORE OR LESS.
DATED THIS 3RD DAY OF FEBRUARY, 1999.
~N-N-~RA DEL CASTILLO, P.L.S.
REGISTRATION EXPIRES 6/30/99
338-192-02.B
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EXHIBIT "D"
SKETCH OF TEMPORARy CONSTRUCTION EASEMENT
SCAI F: 1 "=50'
I AREA=64. gZSF
(
a=038'52' ~
R'=ll.fzl. 15
L=12.90'
BASIS OF BEARING
CENTERUNE OF STATE COLLEGE BLVD.
SHOWN AS NOO'OO'50'E' ON PMB 7/J7
ROTATED 00'07'06' CLOCKWISE TO
NO0'08 '06 "E
r.P.O.B
SaT'55'57'W(RAD)
,~.=2"J9'01"
~.o0'
L =52. 78'
NBg~'9~SJ'W
/- N89'5'I'54"Wr~
,,~== I '~2'05"
R=I159.00'
L =JZ 79'
L=60.89'
N87'~8'42'E(RAD)
N89~9~TI"W
,-,
~ ~"~'~---- STATE COLLEGE BLVD./SR 91 INTERCHANGE
~..,. ,.,., ~ ~,~.~2.,,~ ,
CH~!LCv''~ ' ~ ' t?_-v~4/'~p, DRWN? H1N80
ES A. FUGCLE L~ DATE ' DArE.'12/,I/99
S/O VIA BURTON ST. TO 320' S/O VIA BURTON ST.
CHKD: SD I DIS. MAP R/W NO~
DAE'I2/4/99 . 110
PARCEL NO. 101873-1
EXHIBIT AI
THAT PORTION OF PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA~ AS SHOWN ON A MAP FILED 1N BOOK 3, PAGE 42 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 1579.64
FEET; THENCE SOUTH 89°51' 54" EAST 60.44 FEET TO THE SOUTHWEST CORNER OF
SAD PARCEL 1, SAID POINVF BEING THE TRUE POINT OF BEGLNNING; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL 1, NORTH 06°34' 44" WEST 63.62 FEET; THENCE
NORTH 00°08. 06" EAST 11.65 FEET; THENCE NORTH 69° 55' 50" EAST 10.74 FEET;
THENCE SOUTH 05° 41' 56" EAST 17.95 FEET TO THE BEGINNING OF A CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 1159.00 FEET; THENCE SOUTHERLY 60.89
FEET ALONG SAD CURVE THROUGH A CENTRAL ANGLE OF 3°00' 37" TO THE
SOUTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHERLY LINE
NORTH 89°39'31" WEST 9.06 FEET TO SAID TRUE POINT OF BEGINNING.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND
MADE A PART HEREOF.
CONTAINING 821 SQUARE FEET MORE OR LESS.
THIS CONVEYANCE 1S MADE FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR
HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTER'S
RIGHTS, INCLUDING ACCESS RIGHTS, APPURTENANT TO GRANTOR'S REMAINING
PROPERTY, IN AND TO SAID FREEWAY.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE ON THE
CALIFORNIA COORDINATE SYSTEM (CCS 83) ZONE V1, 1983 NAD. MULTIPLY ALL
DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.0000146 TO OBTAIN GROUND
LEVEL DISTANCES.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
DATED THIS IST DAY OF FEBRUARY, 1999.
GWEN-VERA DEL CASTILLO, P.L.S. 5108
REGISTRATION EXPIRES 6/30/99
338-192-02.A
SKETCH
EXHIBIT
TO ACCOMPANY LEGAL
DESCRIPTION
55'
BASIS OF BEARINGS
Centerline of State College Boulevard
shown as North 00'00'50" East on
PMB 7/57 rotated 00'07'16"
clockwise to North 00'08'06" East.
LINE DATA
I,o. I BEARING J DISTANCE I
L1 N8939'31 "W 9.06"
L2 N89'~9'55"W 3.55'
L,~ N4T19'O2"W 2.00'
L~- N89'51 '54'"W 60.44'
L5 NOO'O8'OG'E 11.65'
L6 N69'55'50"E 10.74'
CURVE DATA
I N°- I RADIUS I DELTA I LENGTH I
C1 1159.00' 0152'05" 37.79'
I~ ~4' AREA
ROMNEY L3 I~ 82~S.F.
:,;~,,, ~X~',, :,,' t,~,,""' ,,, .,,.,.'2'~: ' REVISION PARCEL NO. 10187~-1
:A ,~ ~~j,~'~f~'E,:" STATE COLLEGE BLVD/SR 91 INTERCHANGE
a del Castillo, P.LS. 5108 DA~:6/97 110
EXHIBIT "CI~
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
PARCEL NO. 101873-2
THAT PORTION OF PARCEL 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 89, PAGES 2 AND 3 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAD COUNTY AS MORE PARTICULARLy
DESCRIBED AS FOLLOWS: '
PARCEL A
A FIVE FOOT WIDE PARCEL OF LAND, THE WESTERLy LINE OF WHICH IS 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 1579.64 FEET;
THENCE SOUTH 89°51'54" EAST, 60.44 FEET TO THE NORTHWEST CORNER OF SAID
PARCEL 2; THENCE SOUTH 89°39'31" EAST 9.06 FEET ALONG THE NORTHERLy LINE OF
SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING. SAID TRUE POINT OF BEGINNING
BEING A POINT ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1159 00 FEET,
A RADIAL BEARING TO SAID POINT BEARS NORTH 87°18'42" EAST; THENCE NORTHERLy
60.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°00'37" TO A POINT
OF TERMINATION HEREINAFTER REFERRED TO AS "POINT A".
PARCEL B
A ONE FOOT WIDE PARCEL OF LAND, THE WESTERLY LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNINGATTHEABOVEMENTIONED-pOiNTA-: THENCE NORTH 05°41'56',WEST 17.95
FEET TO A POINT OF TERMINATION.
THE TOTAL AREAS OF THE ABOVE DESCRIBED PARCELS A AND B IS 322.40 SQUARE
FEET.
DATED THIS 9TM DAY OF DECEMBER, 1999.
REGISTRATION EXPIRES 6/3/00
N0. LS 4025
Exp,,6/30/oo
EXHIBIT "CZ'~
LEGAL DESCRIPTION
RELINQUISHMENT OF ACCESS RIGHTS
PARCEL NO. 101873-1
GRANTOR RELINQUISHES TO THE CITY OF ANAHEIM ALL ACCESS RIGHTS IN AND TO
STATE COLLEGE BOULEVARD ALONG THE FOLLOWING DESCRIBED LINE:
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 ORANGE COUNTY, CALIFORNIA; THENCE
ALONG THE CENTERLINE OF STATE COLLEGE BOULEVARD NORTH 00°08'06'' EAST
1579.64 FEET; THENCE SOUTH 89°51 '54" EAST 60.44 FEET TO THE SOUTHWEST CORN ER
OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 3, PAGE 42 OF PARCEL MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 89°39'31" EAST
9.06 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF
1159.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS NORTH 87018'42'' EAST;
THENCE NORTHWESTERLy 60.89 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 03°00'37"; THENCE NORTH 05 °41 '56" WEST 17.95 FEET TO ITS TERMINATION.
DATED THIS 16TM DAY OF AUGUST, 1999.
CHARLES A. TUGGLE P.L.S. 4~02C~''~
REGISTRATION EXPIRES 6/3/00
EXHIBIT "DI"
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT
PARCEL No. 101873-2
SCAI F: 1"=50' ~
] AREA=-322. 40ST I ~
BASIS OF BEARING
CENTERUNE OF STATE COLLEGE BLVD,
SHOWN AS NO0'O0'50T ON PMB 7/37
ROTATED 00'07"06" CLOCKWISE ro
NO0'08 '06 ~'
L~GEND
T"gMPORARY CONS77~UCT EASEMENT
ROWIVEYA DR.
t/" 60, H' ,
R=1159.00'
L=60.89'
PARCE'L A
2"E(RAD)
z~==1~;2'05' J/ N89'39}I'tV
R=I159,00' ~ 9.06' '";,
L=57.79' .~ ~
,.,:-
,,, NOOo49,ZS~/ ,.,~:.~.,.
\. '
N4779'02~/
2. 00'
STATE COLLEGE BLVD./SR 91 INTERCHANGE
o_, ,.... ,...,.. '-',~.,~:...~mou ~8o' s/o v~ eumo~ sT. TO 320' S/O W BURTON ST.
CHARLES A. TUCGLE DATE DATE.' 12/4/99 DATE.'I2/4/99 110
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby cedify that the foregoing
Resolution No. 2000R-37 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-37 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.
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-37 was duly passed and adopted by the City Council of the
City of Anaheim on March 7th, 2000.
I~~F TH(~E~M