2000-185RESOLUTION NO. 2000R-185
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 5650 EAST LA PALM3% AVENUE
FOR THE PURPOSES OF CONDUCTING ROADWAY
IMPROVEMENT (R/W 5260-8A & 8B).
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 5650 East La Palma Avenue, for the purposes of making
public roadway improvements on the eirculation element of the
General Plan of the City of Anaheim; and
WHEREAS, on August 29, 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 "A-i," 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:
Ao
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
Do
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
responsibilities and duties antecedent to the exercise
domain against the Property; and
statutory
of eminent
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 Imperial Highway; and
WHEREAS, the Project for which the Property to be acquired
is sought has previously been reviewed under applicable
environmental review procedures, including Negative Declaration,
State Clearinghouse No. 92051041; 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 is the State Route 90 Imperial Highway
Widening Project. Santa Ana Bridge to La Palma Avenue, and
includes the the widening and improving of Imperial Highway,
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 5650 East La Palma Avenue, (Assessor Parcel No. 77-
233-30). The portions of Property the City seeks to acquire, and
the Property interests sought, consist of the following:
Ao
Fee simple title to approximately 4,141.01 square
feet of frontage along the Property, as more
specifically described in Exhibit "A" and ~A-I"
hereto.
Bo
A temporary construction easement over
approximately 315.40 square feet of Property, more
specifically described in Exhibit "B" and "B-I"
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 ~B" and "B-i" as deemed reasonably
necessary for all purposes incidental to
reconstructing and widening Imperial Highway in
accordance with the approved street construction
(the "Project"). The temporary construction
easement shall include the right to perform any
2
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,
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
3
project as designed and as to be constructed.
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 Imperial
Highway 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.
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 26, 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 Negative Declaration, State Clearinghouse No.
92051041, and the City Council finds and determines that since
the time of that certification there have been no subsequent
4
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 Negative Declaration, 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 29th day of August, 2000.
M~YOR OF T~E CITY~F ANAHEIM
ATTEST:
27883.28WISLAUGH~July 3 h 2000 5
AP~ 77-233-30 (EASEMENT 2~ EXHIBIT
TEMPORARY CONSTRUCTION EASEMENT
An 0.305 meter wide strip of land over that portion of Parcel 5 in the City of Anaheim,
County of Orange, State of California, as shown on a map filed in book 84, page 8 of
Parcel Maps, in the office of the County Recorder of said County, as shown on Exhibit F
attached hereto and made a part herof.
CONTAINING 17.7 SQUARE METERS MORE OR LESS.
EXHIBIT C (PARCEL 2.
AP# 77-233-30
BA~SIS OF BEARINGS:
'HiE CENTERUNE OF LA PA[MA AVENUE
BEING N88'30'57'W PER PARCEL MAP B4--8.
L~..GEND:
PROPOSED R/W UNE
EYJS~NG R/W UNE
TOTAL R/W TAKE
T.C.E.
NO1'25'OO"E
6.4.40m
4.785m
3.110m
....XOSm T.C.E.
~CO ~'J'A~ ~ PARCEL 1'
AP~ 77-233--30
01riflER: TEXACO Ia~-J_~ilNG AND ~G, ~c.
AREA SU~J4RY:
R,/W TAKE ---- .369.7
T.C.E. = 17.7 m'
NOT TO SCALE
I(FM ENGINEERING. INC.
18 TECHNOLOGY, SUITE 165
IR'VINE, CA 92618
LA P~L~A AVENUE
SOU'IHWEST CORNER OF IMPERIAL HWY/[.A PALMA INTERSEC'IION
~ 4/ggI~ 4/99 x84
AP# 77-233-30 (PARCEL
EXHIBIT Al
Grant to the City of Anaheim a portion of Parcel 5, in the City of Anaheim, County of
Orange, State of California, as shown on a map filed in book 84, pages 5 to 8 of Parcel
Maps, in the office of the County Recorder of Orange County, California, described as
follows:
Beginning at the centerline intersection of Imperial Highway and La Palma Avenue as
shown on Record of Survey 98-1050, filed in Book 172, Pages 9 to 15, in the office of the
County Recorder of Orange County, California; thence along the centerline of La Palma
Avenue N86°03'27'q/V a distance of 29.440 meters; thence S3°56'33'~/V a distance of
16.154 meters to a point on the southerly right of way line of La Palina Avenue as
described in that certain Easement Deed recorded October 2, 1967 in Book 8390, Page
488 of Official Records of said Orange County, and the northerly line of said Parcel 5;
thence ,542°01'57"E along said northerly line a distance of 4.785 meters to the True Point
of Beginning, said point designated as T.P.O.B. on Exhibit E attached hereto; thence
continuing along the northerly and easterly lines of said Parcel 5 the following two
courses: 1.) S42°01'57"E a distance of 6.856 meters, 2.) S1 °50'19'~A/a distance of 3.009
meters; thence N43°17'39'I/V a distance of 6.865 meters to a point on the easterly line of
Parcel 2 herein; thence along said easterly line N3°56'33"E a distance of 3.110 meters to
the True Point of Beginning.
CONTAINING 15.0 SQUARE METERS MORE OR LESS.
APft 77-233-30 (EASEMENT 1} EXHIBIT BI
TEMPORARY CONSTRUCTION EASEMENT
A 1.524 meter wide strip of land over that portion of Parcel 5 in the City of Anaheim,
County of Orange, State of California, as shown on a map filed in book 84, page 8 of
Parcel Maps, in the office of the County Recorder of said County, as shown on Exhibit E
attached hereto and made a part herof.
CONTAINING ¶ t.6 SQUARE METERS MORE OR LESS.
EXI-ImIT ~ (PARCEL
AP# 77-233--30
BASIS OF BEARINGS:
THE CENI'ERUNE OF IMPERIAL HIGHWAY
BEING NOl'50°19'E PER RECORD OF SURVEY
RS ~98-1050.
L~GEND:
PROPOSED R/W UNE
EXISllNG R/W UNE
TOTAL R./W TAKE
T.C.E.
NS.6'OS'27'W 7~
~.-T.P.O.B.
S42'01 '57'E
6.856m
~'--~S1'50'19'~
~"- 3.009m /m
.= 21.946m I~
AI?.EA SUMM~d~Y:
R./qN TAKE = 15.0 m =
T.C.E. = 11.6 m · NOT TO SCALE
I(FM ENGINEERING. INC.
18 1ECHNOLOGY, ~UI'IE 165
IRENE, CA 92618.
IMPERIAL HIGHWAY
SOUTHWEST CORNER OF IMPERIAL HWY/LA PAl.MA INIERSECllON
I
I~.~ EY ,~--~,~. EL[ ~& ~ ~/~ m). 5280-89
· ' 0,~4/~ ],,~,,./99
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-185 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 29th day of August, 2000, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
TEMPORARILY ABSENT: MAYOR/COUNCIL MEMBERS: Tait
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 29th day of August, 2000.
~',~5~. (~]~Y' (~I~E~RK OF THI~CITY OF ~,NAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-185 was duly passed and adopted by the City Council of
the City of Anaheim on August 29th, 2000.
("~-¢-~L.¢Y-CLE~R-K Of THi:: CITY OF/ANAHEIM