RES-2009-011RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 2001 -2025 SOUTH MANCHESTER FOR THE
PURPOSES OF THE GENE AUTRY WAY (WEST) /I -5 HOV
INTERCHANGE PROJECT. (R/W ACQ 2003 00161).
VvHE:REAS, the City of Anaheim has been investigating the acquisition of a portion of
property located at 2001 -2025 South Manchester Avenue, for the purposes of making public roadway
improvements pursuant to the circulation element of the General Plan of the City of Anaheim; and
WHEREAS, on January 13, 2009. 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
"Propert) 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 regarding the
City s identification of the "Project" as the Gene Autry Way (West) /I -5 HOV Interchange Project
(the "Project'), and on the following matters:
A.
Whether the public interest and necessity require the Project;
Whether the Project is planned or located in a manner which is
compatible with the greatest public good and the least private injury;
C. Whether the Property proposed to be acquired is necessary for the Project;
B.
and
RESOLUTION NO. 2009- 011
most
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 including review under CEQA; 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 the Property more particularly described
herein for the purposes of the Project: and
WI IEREAS, the Project for which the Property to be acquired is sought has previously been
reviewed under applicable environmental review procedures in compliance with the California
Environmental Quality Act ("CEQA" including a negative declaration which was approved on
May 2001 and through the final Environmental Impact Report /Environmental Impact Statement
FEIR prepared by the California Department of Transportation (CALTRANS) and Federal
Highway Administration (FHWA), reviewed and certified on March 27, 1991 and March 29, 1991
for the Gene Autry Way ((West)/I -5 HOV Interchange 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 Cite Council as follows:
SECTION I. The Project for which the property is being acquired is the Gene Autry Way
(West). /I -5 HOV Interchange Project which consists of the widening and improving of Gene Autry
Wa) including installation of street landscaping and public utilities. The Location of the Project is
depicted generally in the project precise alignment dated October 7, 1999 and presented to the City
Council as part of the record of hearing in this matter.
SECTION II. The Property to be acquired is located within the City at 2001 -2025 South
Manchester Avenue, (Assessor Parcel No. 1 37- 441 -27 28). The portions of Property the City
seeks to acquire, and the Property interests sought. consist of the following:
A. Fee Simple title to approximately 6,307 square feet of the Property, including
access rights to approximately 186.1 lineal feet, as more specifically
described in Exhibit "A" and depicted in Exhibit "B" attached hereto.
B. temporary construction easement over approximately 2,720 square feet of
Property, more specifically described in Exhibit "C" attached hereto. The
temporary construction easement shall consist of the interests described
below:
1`he 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
approximately 1720 square feet, and depicted in Exhibit "D" attached hereto,
as deemed reasonably necessary for all purposes incidental to reconstructing
and widening Gene Autry Way in accordance with the approved street
construction on the Project. The temporary construction easement shall
include the right to perform within the temporary construction easement area,
any necessary excavation: grading; earth fill; compaction; installation of
oncrete 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, utilizing the
temporary construction easement area for 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.
1'he 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
casement area is a part, nor exercise the uses of the easement outside of the
temporary construction easement area. 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.
[he rights granted hereunder shall commence fourteen (14) days after written
notification to the property owner of the commencement of construction of
the project 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,
onsistent 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 Gene Autry Way in the
inanner 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. "Ihe 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 is necessitated and
established by the street alignment in an effort to minimize any disproportionate burden or impact
of the required property being taken from individual property owners, and the temporary construction
easements acquired will allow the Project to be built without sacrificing existing building
improvements on the remaining property. The Project is designed in a manner compatible with the
greatest public good, in that the Project will involve road widening, undergrounding of utilities, and
upgrading parkway landscaping. along with drainage improvements. This will enhance the utility
of the area and help 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 May 15. 2006 and May 28, 2008. 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 Cite 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 l 240.510 and 1240.610.
SEC PION VIII. The Project has been reviewed and approved under applicable
environmental review procedures in compliance with the California Environmental Quality Act
"CFQA" i including a negative declaration which was approved on May 1, 2001 and through the
final Environmental Impact Report/Environmental Impact Statement (FEIR/EIS) prepared by the
California Department of Transportation (CALTRANS) and Federal Highway Administration
!FHWA). reviewed and certified on March 27. 1991 and March 29, 1991 for the Gene Autry Way
West) %1 -5 HOV Interchange Project referenced in the Notice of Hearing which was sent in
connection with this Resolution. 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 altemative which has become available, and no subsequent changes
have been proposed in the Project which would require important revisions to the EIR 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
lnaheim, 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 or 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
he C ity 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,
-4-
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 13` day of January, 2009 by the following roll -call vote:
AYES:
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
"1572 ;13 "de,
Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CITY NAHEIM
MAYOR OF THE CITY ANAHEIM
THAT PORTION PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 5 OF PARCEL MAPS, IN THE
OFFICE THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP, AS
SHOWN ON RECORD OF SURVEY NO. 2002 -1015, AS PER MAP FILED IN BOOK 190,
PAGES 44 THROUGH 46 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY OF
ORANGE; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1 SOUTH 89
EAST 141.52 FEET TO THE SOUTHWESTERLY LINE OF THE LAND AS DESCRIBED IN THE
DEED TO THE CITY OF ANAHEIM, RECORDED SEPTEMBER 12, 1986 AS INSTRUMENT NO.
86- 419028 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 39 °55'48' EAST 52.08 FEET;
THENCE NORTH 89°05'13' WEST 154.21 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY,
SOUTHWESTERLY AND SOUTHERLY 31.88 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 91 °19'09" TO A POINT OF CUSP WITH THE WESTERLY LINE OF SAID
PARCEL 1; THENCE ALONG SAID WESTERLY LINE NORTH 00°24'22" WEST 59.70 FEET TO
THE POINT OF BEGINNING.
CONTAINING 6,307 SQUARE FEET, MORE OR LESS.
ALL DISTANCES SHOWN ARE GRID, UNLESS OTHERWISE NOTED. TO OBTAIN GROUND
DISTANCES DIVIDE GRID DISTANCES BY 0.99998602.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A
PART HEREOF
DATED THIS 9"' DAY OF JUNE, 2005.
GWEN -VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6130/07
00+17 Right of W Rcv
EXHIBIT A
LEGAL DESCRIPTION
AP NO. 137- 441 -27
L.S. 5108
EXP. 6/30/07
62-
Coosa Surve■ing, Inc.
April 1 1,2005
VICINITY MAP
N.T.S.
KATELLA AVENUE
w w
a
z
aid
kir
i4-
9
N'LY UNE S 1/2,
MW 1/4 SEC. 26,
T. 4 S., R. 10 W.
2
ZE
ORANGEWOOD AVENUE
IF
ALL DISTANCES SHOWN ARE GRID,
UNLESS OTHERWISE NOTED. TO OBTAIN
GROUND DISTANCES DIVIDE GRID
DISTANCES BY 0.99998802.
BEARING DISTANCE
1 S89' 09' 30' E 141. 52'
2 S39' 55' 48' E 52. 08'
3 N89' 05' 13' W 154, 21'
4 N00` 24' 22' W 59. 70'
5 N00' 24' 22' H 95. 98'
BASIS OF BEARINGS:
E'LY UNE OF THE W 1/2, E 1/2, NW 1/4
SEC. 26, T. 4 S., R 10 W. BEING
N0024'22'W PER R58 190/44 -46.
APPROVED BY.•
COAST SURVEYING, INC.
1%31 PARKWAY LOOP, SUITE 1
PUMA CA 12710 -4027 (714) •1l -0210
iL. AAA
EXHIBIT "B
RIGHT OF WAY
4 137- 441 -27
NE C0R
N 1/2, W 1/2, SE 1/4,
NW 1/4 SEC, 26,
T. 4 S., R. 10 W. p 0.B.
Rs NO. 2002-10 15
RSS 100144-
347E
LEGEND:
if
0
E'LY UNE W 1/2, E
NW 1/4 SEC. 26,
T. 4 S., R.10W.
O RADIUS DELTA LENGTH
1 20. 00' 91' 19' 09' 31. 88'
AREA DESCRIBED
C s
d
PARCEL 1
PMB 62/f5
i I 1 I 1 T I I ACCESS RIGHTS TO BE DEDICATED
ACCESS DENIED UMITS 186.1 FEET
AREA 6,307 SF
GENE AUTRY WAY
La O S A 1 W 13h5 ND CHKD BY.• CDC
047E APR. I1, 20015 047E N. !J, 2005
SCALE:1' =100'
ACQ 2003 00161
SHEET Hp, 1 OF 2
THAT PORTION PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 5 OF PARCEL MAPS, IN THE
OFFICE THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP, AS
SHOWN ON RECORD OF SURVEY NO. 2002 -1015, AS PER MAP FILED IN BOOK 190,
PAGES 44 THROUGH 46 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY OF
ORANGE; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL. 1 SOUTH 89
FAST 141.52 FEET TO THE SOUTHWESTERLY LINE OF THE LAND AS DESCRIBED IN THE
DEED TO THE CITY OF ANAHEIM RECORDED SEPTEMBER 12, 1986 AS INSTRUMENT NO.
86- 419028 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER;
HENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 39°55'48" EAST 52.08 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 89°05'13" WEST 154.21 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET;
THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY 31.88 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 91 °19'09" TO A POINT OF CUSP WITH THE
WESTERLY LINE OF SAID PARCEL 1; THENCE NONTANGENT NORTH 89°38'25" EAST 9.83
FEET; THENCE NORTH 64 °03'25" EAST 11.38 FEET; THENCE SOUTH 89°0513" EAST
167.27 FEET TO THE SOUTHWESTERLY LINE OF SAID DEED TO THE CITY OF ANAHEIM;
THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 39°55'48" WEST 19.95 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINING 2,720 SQUARE FEET, MORE OR LESS.
ALL DISTANCES SHOWN ARE GRID, UNLESS OTHERWISE NOTED. TO OBTAIN GROUND
DISTANCES DIVIDE GRID DISTANCES BY 0.99998602.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT D ATTACHED HERETO AND MADE A
PART HEREOF
DATED THIS 9"' DAY OF JUNE, 2005.
GWEN -VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/07
1N IOO 7 TCE ktv
EXHIBIT C
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
AP NO. 137-441 -27
Cuast Surveying, Inc.
ApnI 11,2005
ALL DISTANCES SHOWN ARE GRID,
UNLESS OTHERWISE NOTED. TO OBTAIN
GROUND DISTANCES DIVIDE GRID
DISTANCES BY 0.99998602.
BEARING DISTANCE
1 S39* 55' 48' E 19. 95'
2 N89 13' V 167. 27'
3 S64' 03' 25' W 11. 38'
4 N89 38' E 9. 83'
5 S89 13' E 154. 21'
6 S00 22' E 95, 98'
7 S89 30' E 141. 52'
8 S39" 55' 48' E 52, 08'
BASIS OF BEARINGS:
E'LY UNE OF THE W 1/2, E 1/2, NW 1/4
SEC. 26, T. 4 S., R 10 W. BEING
N00'24'22 PER RSB 190/44 -46.
APPROVED BY:
a1E
COAST SURVEYING. INC.
5031 PARKWAY LOOP. SUITE 1
TUSTM, CA 017110-UUV (714) 911 -i?q
EXHIBIT "D"
7EWPORARY CONSTRUCIION EASEMENT
SIP 137 441 -27
N'LY UNE 5 1/2.
NW 1/4 SEC. 26,
T. 4 S., R. 10 W.
NE
N 1/2, W 1/2, SE 1/4,
NW 1/4 SEC. 26,
T.45., R.10W.
RS NO. 2002 -10
RSB 100/44 -46
E'LY LINE W 1/2, E
NW 1/4 SEC. 26,
T. 4 S., R. 10 W.
O RADIUS DELTA
1 20. 00' 91' 19' 09'
LEGEND:
ir
DAWN BY.• no
AREA DESCRIBED
AREA 2,720 SF
LENGTH
31. 88'
CHKD BY.• CDC
A41: APR. 11, 2005 LATE APR. 11, 2005
U
PARCEL 1
PIMB 62/6
GENE AUTRY WAY
T.P.0.H.
SCALE: 1
ACO 2003 -00163
SHEET NO 2 OF 2