Loading...
96-064 RESOLUTION NO. 96R - 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. (Zaby's Motor Lodge, Inc.) The City Council of the City of Anaheim does hereby resolve and determine, by a vote of not less than two-thirds of its members, as follows: SECTION I. That the public interest and necessity require the acquisition of the real property interests described herein, for a public use and improvement, to wit: Public street and highway and public utility purposes, as part of the Harbor Boulevard Roadway Expansion and Beautification Project. SECTION II. The City of Anaheim is authorized to acquire the hereinafter described real property, or interest in real property, pursuant to Government Code Section 37350.5, Government Code Section 40404 and Streets and Highways Code 4090. Section III. The property interest to be acquired consist of the following: A. For the parcel described in Exhibit "A" attached hereto and incorporated by this reference herein, a fee interest. B. For the parcel described in Exhibit "B" attached hereto and incorporated by this reference herein, a temporary construction easement to perform all work incidental to the improvement and widening of the adjoining and adjacent public highways and the installation of landscaping and public utilities, in accordance with the engineered and approved construction plan, which work shall include, but not be limited to, all necessary equipment operation, grading, excavation, stockpiling of materials, earth backfill and compaction operations, and the temporary deposit of equipment, materials and tools over, upon and across the parcel, the time period for the temporary construction easement to run from the date the City gives written notice to the owner of the property, and to continue until such time as the City files a "Notice of Completion" of the work, not to exceed fifteen months, and in no event beyond December 31, 1997. // // // // // // SECTION IV. The City Council of the City of Anaheim finds and determines that: A. The public interest and necessity require the proposed project, in that the Project is called for in the Anaheim Resort Area Specific Plan, and is therefore required for consistency with the City's contemplated General Plan scheme for the Area. 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 and improve the ability to attract and serve tourism. B. The proposed project is planned or located in the manner that will be most compatible with the great- est public good and the 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 overall 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. The right-of-way will not result in the take of any occupied business or residential structure, and therefore will not result in the displacement of any business operation or personal residence. C. The hereinafter described real property, or interest in real property, is necessary for the proposed project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. D. The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record by way of letter. Staff has attempted to negotiate with the owners of the property subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside the more formal proceedings. SECTION V. That the city of Anaheim is hereby authorized and empowered to acquire by condemnation in the name of the City of Anaheim to be used for said road and public utility purposes in accordance with the provisions of the Code of Civil Procedure and the Constitution of California relating to eminent domain, the property interests described in Section III above to the real property described in Exhibits "A" and ~'B" hereto. // // SECTION VI. In the event that any real property, or interest in real property, as described in Section IV, is devoted to a public use, the City of Anaheim is hereby authorized to acquire by eminent domain, said property pursuant to Code of civil Procedure Section 1240.610. SECTION VII. In the event that any real property, or interest in real property, as described in Section IV, constitutes a part only of a larger parcel of property, the City of Anaheim is hereby authorized to acquire by eminent domain pursuant to Code of Civil Procedure Section 1240.410 any "remnant(s)" as defined in said section. SECTION VIII. The Project has been reviewed and approved under the California Environmental Quality Act (CEQA) by way of the certification of a Final Environmental Impact Report by the City Council on September 20, 1996, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the cir- cumstances under which the Project is undertaken, no new infor- mation of substantial importance regarding significant effects or mitigation measures or alternatives has become available, and no subsequent changes have been proposed in the Project which would require important revisions of the previous Environmental Impact Report, such that no further environmental review is necessary. SECTION IX. The law firm of Rutan and Tucker, 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 proceeding or proceedings in the proper court having jurisdiction thereof, as are necessary for such acquisition; and to prepare and file such pleadings, documents, briefs and other instruments, and to make such arguments and to take such actions as may be necessary in the opinion of said attorneys to acquire for said City the said real property. Said 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 (Code of Civil Procedure, Title 7, Chapters 1-12, Sections 1230.010-1273.050). The City Attorney is authorized to assign such work to such 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 May, 1996. MAYO~O~F~THE/iT~NANAHEiM ATTEST~ CITY CLERK OF THE CITY OF ANAHEIM 0000836.02\MSLAUGHT\April 16, 1996 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 96R-64was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of May, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCiL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-64 on the 7th day of May, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of May, 1996. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 96R-64 was duly passed and adopted by the City Council of the City of Anaheim on May 7th, 1996. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT "A" That property described as that portion of the Northwest quarter of the Northeast quarter of Section 27, Township 4 South, Range 10 West, in the S.B.B.and M., as per map recorded in Book 12, page 38 of Records of Survey, records of said Orange Coullty, described as follows: Boulev~d, sakl point beLug 6~ True Pofn~ o/Be~u~ug amt 4esis~ as T.P.O.B. on Exbf~t B; ~ NOl°21'00~N, 75.05 ~ ~ m.); ~ Excepting therefrom any interest therein owned by the city of Anaheim or otherwise appropriated to public use. 1820 S. HARBOR R/W 5180-59 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT A portion of the Northwest Quarter of the Northeast Quarter of Section 27, Township 4 South, Range 10 West, in the S.B.B. and M. as per map recorded in Book 12, Page 38 of Records of Survey, records of Orange County, described as follows: Commencing at the centerline intersection of Harbor Boulevard and Katella Avenue; thence $ O1© 21' 00" E, 266.38 feet; thence N 88© 39' 00" E, 60.00 feet; thence N 89© 54' 30" E, 14.00 feet to the True Point of Beginning; thence N 01© 21' 00" W, 75.05 feet; thence N 89~ 54' 30" E, 5.00 feet: thence S 01© 21' 00" E, 75.00 feet; thence S 896 54' 30" W, 5.00 feet to the True Point of Beginning. Zaby's Motor Lodge R/W 5180-59