2000-186RESOLUTION NO. 2000R-186
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 5600 EAST LA PALMA AVENUE
FOR THE PURPOSES OF CONDUCTING ROADWAY
IMPROVEMENT {R/W 5260-14).
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 5600 East La Palma Avenue, for the purposes of making
public roadway improvements on the circulation 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," 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;
Co
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 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 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 Aha Bridge to La Palma Avenue, and
includes 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 5600 East La Palma Avenue, (Assessor Parcel No. 77-
233-10). The portions of Property the City seeks to acquire, and
the Property interests sought, consist of the following:
Fee simple title to approximately 1,361.68 square
feet of frontage along the Property, as more
specifically described in Exhibit "A" hereto.
A.1
A wall easement to approximately 145.32 square
feet of frontage along the Property, as more
specifically described in Exhibit "E" hereto.
A.2
A subsurface footing easement to approximately
595.26 square feet of frontage along the Property,
as more specifically described in Exhibit "~'
hereto.
Bo
A temporary construction easement over
approximately 850.38 square feet of Property, more
specifically described in Exhibit "B" and "Bi"
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
2
construction easement area more specifically
described in the legal description, attached as
Exhibit "B" and "BI" 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
necessary excavation; grading; earth fill;
compaction; installation of concrete forms;
construction of subsurface footing and wall;
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.
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.
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 ~
7267.2 has been made to the record owners, by way of letter dated
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
4
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
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 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 29th day of August,2000.
MfAY/OR~OFTHE"~'-- ~CITY F ANAHEIM
ATTEST:
/~$~w~TY ~LERK OF THE CITY/O~ ANAHEIM
27883.32XmslaughtLFebruary 12, 1998 5
AI~ 77-233-10
EXHIBIT A
Grant to the City of Anaheim a portion of Parcel 1, as shown on a map filed in book 49,
Page 6 of Parcel Maps, in the office of the County Recorder of Orange County, California,
described as follows:
Beginning at the centedine intersection of Impedal Highway and La Palma Avenue as
shown on a map filed in Book 49, Page 6 of Parcel Maps, in the office of the County
Recorder of Orange County, California; thence along the centedine of La Palma Avenue
N86°47'05"W a distance of 183.084 maters; thence S3°12'55"W a distance of 16.154
meters to a point on the southerly right of way line of La Palma Avenue as desc~bed in
that certain Grant Deed recorded October 8, 1970 in Book 9482, Page 190 of Official
Records of said Orange County, said point being the most westady comer of the land
described in that certain Grant Deed recorded July 15, 1976 in Book 11812, Page 330 of
said official records, said point also being the True Point of Beginning and designated as
T.P.O.B. on Exhibit C attached hereto: thence S0°14'25"VV a distance of 3.117 maters to
the beginning of a non4angent curve concave norlherly having a radius of 650.380 meters,
from said point a radial line bears N3°36'55"E: thence westerly alon;I said cuwe through
a central angle of 3e34'56" an arc distance of 40.663 meters to the be~i~'nnine° of a tangent
curve concave southerly having a radius of 644.280 meters; thence westerly along said
curve through a central angle of 3o58'56" an arc distance of 44.779 meters to a point on
a non-tangent line, said line also being the north line of Parcel 1 of said Parcel Map;
thence easterly along said north line S86°47'05"E a distance of 85.206 meters to the True
Point of Begblnin~.
CONTAINING 126.5 SQUARE METERS MORE OR LESS.
AP~ 77-233-10
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
Two 0.305 meter wide strips of land over that portion of Parcel 1 in the City of Anaheim,
County of Orange, State of California, as shown on a map filed in book 49, page 6 of
Parcel Maps, in the office of the County Recorder of said County, as shown on Exhibit C
attached hereto and made a part herof. The first strip of land being 26.165 meters in
length easterly along the proposed right-of-way starting from the western most plot line.
The second strip of land being 15.036 meters long westerly along the proposed right-of-
way starting from the eastern most plot line.
CONTAINING 12.6 SQUARE METERS MORE OR LESS.
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EXHIBIT C
AP# 77-233-10
BASIS OF BEARINGS:
THE CENTERLINE OF LA PALMA AVENUE
BEING N86'47'O5"W PER PARCEL MAP ¢9-6.
LEGEND:
PROPOSED R/W LiNE
EXISTING R/W LINE
~7-/~-/-/"/-/~ TOTAL R/W TAKE
...... T.C.E.
LA PALMA AVENUE
.305m
R=644.280m
A=3'58'56"
L=44.779m
.305m
S86'47'05"E
BS.206m
R=650.380m
A=3'34'56"
L=40.663m
OFFICE BI/ILDING
AP# 77-233-10
OWNER: SCENIC CORRIDOR
INDUSTRIAL PARK
AREA SUYMARY:
(RAD)
5.117m
R/W TAKE = 126.5 m'
T.C.E. = 12.6 m'
NOT TO SCALE
KFM ENGINEERING, INC.
18 TECHNOLOGY, SUITE 165
IR'vINE, CA 92618
LA PALMA AVENUE
APPROX. 18;5 METERS WEST OF IMPERIAL HIGHWAY
~m;: RI; l- : RI[
4/99 4/99
a/wNo. 5260-14
EXHIBIT D
AP# 77-233-10
EASEMENT)
BASIS OF BEARINGS:
THE CENTERIJNE OF LA PALMA AVENUE
BEING NB6'4.7'OS'W PER PARCEL MAP 4-9-6.
LEGEND:'
PROPOSED R/W LINE
EXISTING R/W LINE
EASEMENT LINE
CENTERLINE
~=1'39'19"
L=1B.614m
,G=1'39'19"
L=lB.605m
NS'52'52"E,'
.... LA PM.MA AVENUE
R=650.580m
A=2'15'2B"
SUBSURFACE
FOOTING EASEMENT
1.250m
WAll EASEMENT'~
0.305m /
NB6~4-7'OS"W
18,.3 084m ~
son4-'25"w
I
I
1.500m
R=64-2.725m
~,=1'59'19"
L=1B.569m
R=641.225m
~=1'39'19 ·
L=1B.526m
T.C.E. 1.500m-
OFFICE BUILDING
AP# 77-233-10
OI~IER: ~CENIC CORRIDOR
II~DUSTI~L PARK
AREA SUMMARY:
WALL EASEMENT = 15.5 ma
SUBSURFACE FOO'RNG EASEMENT -- 55.3 m~
T.C.E. = 66.4- m'
R=655.4-55m
,~.= 2'15'2B'
L=25,748m
NOT TO SCALE
KFM ENGINEERING, INC.
18 TECHNOLOGY, SUITE 165
IRMNEt CA 92618
IA PALMA AVENUE
APPROX. 185 METERS WEST OF IMPERIAL HIGHWAY
AI:~ 77-233-10
EXHIBIT ~'
WALL EASEMENT
An 0.305 meter wide strip of land for construction of a retaining wall over that portion of
Parcel 1, as shown on a map filed in book 49, Page 6 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 a map filed in book 49, Page 6 of Parcel Maps, in the office of the County
Recorder of Orange County; thence N86°47'05"W a distance of 183.084 meters; thence
S3°12'55'~A/a distance of 16.154 meters to a point on the southerly right of way line of La
Palma Avenue as described in that certain Grant Deed recorded October 8, 1970 in Book
9482, Page 190 of Official Records of said Orange County, said point being the most
westerly corner of the land described in that certain Grant Deed recorded July 15, 1976
in Book 11812, Page 330 of said official records; thence N86°47'05"W a distance of
15.000 meters; thence S0°14'25"W a distance of 2.835 meters to the True Point of
Beginning; thence S4°56'23"W a distance of 0.305 meters to the beginning of a non-
tangent curve concave northerly having a radius of 650.685 meters, from said point a
radial line bears S4°56'23"W; thence westerly along said curve through a central angle
of 2°15'28" an arc distance of 25.639 meters to the beginning of a tangent curve concave
southerly having a radius of 643.975 meters; thence westerly along said curve through a
central angle of 1 °39'19" an arc distance of 18.605 meters; thence N5°32'32"E a distance
of 0.305 meters to the beginning of a non-tangent curve concave southerly having a radius
of 644.280 meters, from said point a radial line bears N5°32'32"E; thence easterly along
said curve through a central angle of 1°39'19" an arc distance of 18.614 meters to the
beginning of a tangent curve concave northerly having a radius of 650.380 meters; thence
easterly along said curve through a central angle of 2°15'28'' an arc distance of 25.827
meters to the True Point of Beginning.
CONTAINING 13.5 SQUARE METERS MORE OR LESS.
AP~ 77-233-10
EXHIBIT
SUBSURFACE FOOTING EASEMENT
A 1.250 meter wide stdp of land for construction of a subsurface retaining wall footing over
that portion of Parcel 1, as shown on a map filed in book 49, Page 6 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 a map filed in book 49, Page 6 of Parcel Maps, in the office of the County
Recorder of Orange County; thence N86°47'05"W a distance of 183.084 meters; thence
S3° 12'55'~/V a distance of 16.154 meters to a point on the southerly right of way line of La
Palma Avenue as described in that certain Grant Deed recorded October 8, 1970 in Book
9482, Page 190 of Official Records of said Orange County, said point being the most
westerly corner of the land described in that certain Grant Deed recorded July 15, 1976
in Book 11812, Page 330 of said official records; thence N86°47'05"W a distance of
15.000 meters; thence S0°14'25"W a distance of 2.835 meters; thence S4°56'23"W a
distance of 0.305 meters, said to the True Point of Beginning; thence S4°56'23"W a
distance of 1.250 meters to the beginning of a non-tangent curve concave northerly having
a radius of 651.935 meters, from said point a radial line bears S4°56'23"W; thence
westerly along said curve through a central angle of 2°15'28'' an arc distance of 25.689
meters to the beginning of a tangent curve concave southerly having a radius of 642.725
meters; thence westerly along said curve through a central angle of 1°39'19" an arc
distance of 18.569 meters; thence N5°32'32"E a distance of 1.250 meters to the beginning
of a non-tangent curve concave southerly having a radius of 643.975 meters, from said
point a radial line bears N5°32'32"E; thence easterly along said curve through a central
angle of 1 °39'19" an arc distance of 18.605 meters to the beginning of a tangent curve
concave northerly having a radius of 650.685 meters; thence easterly along said curve
through a central angle of 2°15'28'' an arc distance of 25.639 meters to the True Point of
Beginning.
CONTAINING 55.3 SQUARE METERS MORE OR LESS.
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-186 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, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
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.
~/~ (;~'I:"~ (~LERK~OF~'~HE CITY~:)F ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-186 was duly passed and adopted by the City Council of
the City of Anaheim on August 29th, 2000.
~ C~Y CLERK OF THE CITY O"F ANAHEIM