97-206RESOLUTION NO. 97R -206
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 101 WEST KATELLA AVENUE,
FOR THE PURPOSES OF CONSTRUCTING ROADWAY
IMPROVEMENT (R /W 5180 -38).
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 101 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 November 4, 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
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 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 101 W. Katella Avenue, (Assessor Parcel No. 082-
432-11). The portions of Property the City seeks to acquire, and
the Property interests sought, consist of the following:
A. Fee simple title to approximately 1,692.6 square
feet of frontage along the Property, as more
specifically described in Exhibit "A" hereto.
B. A temporary construction easement over
approximately 212.0 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 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
between the planned street and the adjoining real
property and /or matching existing concrete and /or
asphalt paved areas, and /or natural grade areas,
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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 legally permitted 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 remainder of the property,
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 to pass
on, over and through Easement A -1, all as may be necessary or
beneficial to the use of the remainder of the property. The
easement shall include the right to construct, operate, and
repair incidental appurtenances in order to maintain and preserve
the utility of Easement A -1 for pedestrian and vehicular access
from the public roadway system to the remainder of the Property.
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.
-3-
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, 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
September 3,1997. 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.
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
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
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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 4th da of No -tuber, 997. EIM
MAYeR OF THE ITY OF
al
ATTEST:
0024303.10\mslaught \October 21, 1997
CITY CLERK OF THE CITY OF ANAHEIM
AP# 082 432 -11 EXHIBIT A
Grant to the City of Anaheim a portion of the South half of the Southeast quarter of
Section 22, 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 Hasler Street as shown on a
map filed in Book 36, page 38 of Record of Surveys, in the office of the County Recorder
of Orange County; thence along the centerline of Katella Avenue S89°54'30 "W, 89.11
feet (27.16m.); thence N0O°05'30 "E, 60.00 feet (18.29m.) to a point on the existing
northern right -of -way of Katella Avenue, said point being the True Point of Beginning and
designated as T.P.O.B. on Exhibit B; thence S89°54'30 "W, 91.01 feet (27.74 m); thence
NO0°12'53 "E, 13.94 feet (4.25m.) to a point on a non- tangent curve concave
Southeasterly with a radius of 66.00 feet (20.12m.), from said point a radial line bears
S02°27'44"E; thence along said curve Northeasterly through a central angle of 02°22'14"
an arc distance of 2.73 feet (0.83m.) to a point on a tangent line; thence N89°54'30 "E,
81.34 feet (24.79m.); thence N53 °57' 12 "E, 30.06 feet (9.16m.) to a point on a non-
tangent curve concave Northeasterly with a radius of 1561.00 feet (475.79m), from said
point a radial line bears N89°01'57 "E; thence along said curve Northwesterly through a
central angle of 03 °37'28" an arc distance of 98.75 feet (30.10m) to a point on a non-
tangent line with a radial bearing of S87°20'35"E; thence N89°54'22 "E, 1.00 feet (0.30m.)
to a point on a non- tangent curve concave Southeasterly with a radius of 1560.00 feet
(475.49m.), from said point a radial bears S87°20'29 "E; thence along said curve
Southwesterly through a central angle of 04 °05'40" an arc distance of 111.48 feet
(33.98m.) to a point on a non tangent line with a radial bearing ofN88°33'51"E; thence
544°25'52 "W, 26.53 feet (8 09m.) to the True Point of Beginning.
CONTAINING 1,693 SQUARE FEET (157 m) MORE OR LESS.
Exhibit "A -1"
AP# 082- 432 -12 (Ingress /Egress Easement) EXHIBIT A
A private ingress /egress easement granted by the owner of Assessor's Parcel No. 082 432 -12
for the benefit of Assessor's Parcel No. 082 432 -11, over, under and across that portion of the
south half of the Southeast quarter of Section 22, 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 Haster Street as shown on a map
filed in Book 36, page 38 of Record of Surveys, in the office of the County Recorder of Orange
County; thence along the centerline of Katella Avenue S89 °54'30 "W, 240.13 feet (73.19 m.);
thence N00 °05'30 "W, 60.00 feet (18.29 m.) to a point on the existing Northern right -of -way
line of Katella Avenue; thence N00 °12'53 "W, 3.01 feet (0.92 m.); thence N89 °54'30 "E, 2.71
feet (0.83 m.) to a point on a tangent curve concave Northwesterly with a radius of 34.00 feet
(10.36 m.); thence Northeasterly along said curve through a central angle of 12 °40'49" an arc
distance of 7.52 feet (2.29 m.) to a point on a tangent line; thence N77 °13'41 "E, 19.95 feet
(6.08 m.) to a point on a non tangent curve concave Easterly having a radius of 30.00 feet (9.14
m.), said point being the True Point of Beginning and designated as T.P.O.B. on Exhibit B from
said point a radial line bears S89 °49'19 "E; thence Northerly along said curve through a central
angle at 60 °00'00" an arc distance of 31.42 feet (9.58 m.) to a point of reverse curve concave
Westerly having a radius of 30.00 feet (9.14 m.); thence Northerly along said curve through a
central angle of 60 °00'00" an arc distance 31.42 feet (9.58 m.) to a point on a non tangent line;
thence S00 °12'53 "E, 46.08 feet (14.05 m.) to a non tangent curve concave Northwesterly having
a radius of 66.00 feet (20.12 m.), from said point a radial line bears S02 °27'44 "E; thence
Westerly along said curve through a central angle of 10 °18'35" an are distance of 11.88 feet
(3.62 m.) to a point on a tangent line; thence S77 °13'41 "W, 19.05 feet (5.81 m.) to the True
Point of Beginning.
CONTAINING 687 SQUARE FEET (64 m) MORE OR LESS.
EXHIBIT "B"
APPRAISAL SUMMARY
Project: KATELLA II WIDENING
Location: Northwest corner of Katella Avenue and Anaheim Boulevard, Anaheim
Assessor Parcel Number: 082432 -11
Date of Valuation: August 21, 1997
Owner: Bixby Land Company
Property Address: 101 West Katella Avenue, Anaheim, CA
Zone: Commercial Recreation \SP 92 -2, Anaheim Resort Specific Plan
Present Use: Free standing convenience store building
Highest Best Use: As Improved
Total Property Area: 14,136 S.F.; 0.3245 acre
Part Take, Area to be Acquired: 1,692.6 S.F.
Interest to be Acquired: Fee simple interest
Temporary Construction Easement Area: 210 S.F. for a twelve month period
Improvements to be Acquired: A/C paving, concrete drive apron, parking striping and concrete curb
Summary of Just Compensation:
Land 46,106.00
Improvements 5,078.00
Value of Part Taken
51,184.00
Severance Damage 84,816.00
Special Benefit -0-
Net Damages 84,816.00
Temporary Construction Easement 700.00
Total Just Compensation $136,700.00
The Improvements Pertaining to the Realty (if applicable) installed or in place on your property have been appraised
by an appraiser qualified in making appraisals of such items of Improvements Pertaining to the Realty and the City's
attorney has determined which items of Improvements Pertaining to the Realty are a part of the real property for
purposes of the City's purchase of your property, but no determination of ownership has been established.
EXHIBIT B
AP• 082-432-11
BASIS OF BEARINGS'
THE CENTERLINE BEARING OF KATELLA
AVENUE BEING N89'54'30'E PER R.S.
36 -38.
ACCESS RIGHTS TO
BE DEDICATED
R- 66.00'(20.12m)
A -02' 22' 14'
L -2.73' (0.83m)
R- 30.00' (9. 14m)
A -60' 00' 00'
L- 31.42' (9.58m) A
S
(RA.)
(CALTRA 5)
5' T.C.E.
200453-1
I' T.C.E.
S89'54'30'W
91.01'
(27. 74m)
T. P. 0. B.
COMMERCIAL CENTER
AP* 082 432 -11
OWNER' BIXBYLAND CO.
R -156
A -03'
L -98.
N00'12'53'E
13.94' (4.25m) eo
502'27'44'E'
(RAD)
Q KATELLA"
9T.
3„ -4
DATE
N00' 05' 30' W
60.00'08.29m)
LEGEND'
“4444h/i
UTA ENGINEERING. INC.
17762 COWAN STREET
IRVINE, CA 92614
SIGNATURE
10/28/97
DATE
N89'54'22'E
1.00' (0.30mI
.00'(475.79m)
7'28'
5'(30.IOm)
3.00' (0.9Im)
N53'57'12'E�
30.06' (9. 16m)
89'54'30'E
_81.34'
r
PROPOSED R/W LINE
EXISTING R/W LINE
CALTRANS EXISTING R/W LINE
TOTAL R/W TAKE
ACCESS RIGHTS TO BE
DEDICATED
T. C. E.
KATELLA AVENUE SMART STREET
NORTHWEST CORNER OF ANAHEIM BLVD. /KATELLA INTERSECTION
DRAM. DJ
DATE. 10/97
AREA SUMMARY'
SMART STREET R/W TAKE
SUPPLEMENTAL R/W TAKE
TOTAL R/W TAKE
T. C. E. AREA
CM(0. RK
DATE. 10/97
S87' 0'29'E
N88'33'51'
(RAD)
S44'25'52'W
26.53'
(8.09m)
589'54'30'W
.II'
(27. I6m)
DIS. MAP
87
1248.4 S.F. (116.0 m
444.2 S.F. (41.3 m
1692.6 S.F. (157.3 m
212.0 S.F. 1 9 7 m 2
0
m
R- 1560.00' (475.49m)
A- 04'05'40'
L -I 11.48'(33.98m)
CALTRANS
c PROPOSED Q
L1J
2
z
EXISTING
AVENUE
NOT TO SCALE
A- PRIVATE INGRESS /EGRESS
EASEMENT FROM PARCEL
082 432 -12
"NO. .375D -.3
RIW No. 5180 -38
Project: Katella II
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
The easement area is located parallel to and abutting the northerly area of the permanent taking along
Katella Avenue and the westerly area along Anaheim Boulevard. The strip of land, uniform in width, is
one foot by 82.19 lineal feet (1' x 82.19') of frontage along Katella Avenue and one foot by 129.81 lineal
feet (1'x 129.81') of frontage along Anaheim Boulevard.
The total area is 212 S.F.
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 -206 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 4th day of November, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: Zemel
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -206 on the 4th Day of November, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 4th day of November, 1997.
(SEAL)
v h-r (a c
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 -206 was duly passed and adopted by the City Council of
the City of Anaheim on November 4th, 1997.
CITY CLERK OF THE CITY OF ANAHEIM