2001-101RESOLUTION NO. 2001R- 101
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1201-1235 SOUTH EUCLID
STREETFOR THE PURPOSES OF CONDUCTING ROADWAY
IMPROVEMENT (R/W 5400-6 & 7).
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 1201-1235 South Euclid Street, for the purposes of
making public roadway improvements on the circulation element of
the General Plan of the City of Anaheim; and
WHEREAS, on April 24, 2001, 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, 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;
Bo
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
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 Ball Road and Euclid Street; 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. 311 (Anaheim Resort Specific Plan E.I.R.), for the
Ball Road/Euclid Street Intersection from 200 m West of Euclid to
UPRR on Ball Road and from 200 m North of Ball Road to Palm Lane
on Euclid Street 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 City
Council as follows:
SECTION I. The Ball Road/Euclid Street Intersection from
200 m West of Euclid to UPRR on Ball Road and from 200 m North of
Ball Road to Palm Lane on Euclid Street Project for which
acquisition of the Property is required consists of the widening
and improving of Ball Road and Euclid Street, 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 1201-1235 South Euclid Street, (Assessor Parcel No.
128-372-41, 42). The portions of Property the City seeks to
acquire, and the Property interests sought, consist of the
following:
Fee simple title to approximately 4,022.00 square
feet of frontage along the Property, as more
specifically described in Exhibit "A" hereto.
Be
A temporary construction easement over
approximately 539.00 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 deemed reasonably necessary for all
purposes incidental to reconstructing and widening
Ball Road and Euclid Street in accordance with the
approved street construction (the "Project"). The
2
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,
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 Ball Road and
Euclid Street 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 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. 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 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
October 4, 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
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. 311, 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,
4
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 Environmental Impac~ Report, 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 24th day of April, 2001.
MAYOR OF ~-~ ~
ATTEST:
tCf-TY C~[ER-K OF THE CITY OF ANAHEIM
27883.57~-nslaughtLApril 12, 2001
EXHIBIT "a"
LEGAL DESCRIPTION
A.P. NO. 128-372-041 & 128-372-042
That portion of the East 3.00 Acres of Lot 1 of the "Kellogg Homestead Tract", in the City
of Anaheim, County of Orange, State of California, as per map recorded in Book 8, Page
51 Miscellaneous Maps, and as shown on a map recorded in Book 28, page 25 of
Records of Survey, in the Office of the County Recorder of said County, described as
follows:
Beginning at the centerline intersection of Euclid Street and Ball Road, as shown on map
of said "Kellogg Homestead Tract"; thence, along said centerline of Euclid Street, South
0°55'57" West, 160.900 meters (527.89 feet) to the easterly prolongation of the southerly
line of said East 3.00 Acres of Lot 1; thence, along said prolongation, North 89004'03''
West, 16.154 meters (53.00 feet) to the west line of said Euclid Street as described in
deed recorded October 4, 1961 in Book 5869, Page 802 of Official Records of said
County, said point being the True Point of Beginning, said point also being the
beginning of a nontangent curve, concave westedy and having a radius of 362.712
meters (1190.00 feet), a radial line of said curve to which point bears South 89°04'03''
East; thence, leaving said west line and northerly along said curve, 22.929 meters
(75.23 feet) through a central angle of 3°37'19"; thence, North 2°41'22" West, 25.197
meters (82.67 feet) to the beginning of a curve, concave easterly and having a radius of
368.503 meters (1210.00 feet); thence, northerly along said curve, 23.311 meters (76.48
feet) through a central angle of 3°37'28"; thence, North 0056'06'' East, 64.535 meters
(211.73 feet); thence, North 44°01'36" West, 11.200 meters (36.75 feet); thence, North
88°59'04" West, 48.426 meters (158.88 feet) to the intersection of the west line of said
East 3.00 Acres of Lot 1 and the southerly line of Ball Road as described in said deed,
having a southerly half width of 16.154 meters (53.00 feet); thence, along said southerly
line, South 89°43'09'' East, 54.821 meters (179.86 feet) to the intersection of a line
parallel with and 16.154 meters (53.00 feet) southerly of the centerline of said Ball Road
and a line parallel with and westerly 20.726 meters (68.00 feet) from the centerline of
said Euclid Street; thence, South 44°23'36" East, 6.429 meters 21.09 feet) to the
intersection of a line parallel with and 16.154 meters (53.00 feet) westerly of the said
centerline of Euclid Street and a line parallel with and southerly 20.726 meters (68.00
feet) from said centerline of Ball Road, said point being on said west line of Euclid
Street; thence, along said west line, South 0°55'57'' West, 139.989 meters (459.28 feet)
to the True Point of Beginning.
Contains 373. 65 Square Meters (4022 Square Feet), more or less
Expires 12-31-03
D:\wpdocs\ballroad\halcoa,wpd
May 8, 1999
EXHIBIT "B"
AP #128-$72-#1
B 4 L L
~ $8S°4"~'ogmE 54.28! M
N88'59'O4"W 48.4Z6 M
& 42
~,.o~o.
ROAD
S44'25'36 #E
6. 429 M
N44' 01 ' $6 "W
I I. 200 M
AF 128-,.772-42
17=,.768. 503' M
A--J'$7'2E"
AREA:
WlLLD~,N ASSOCIATES BALL ROAD
O,4VlO O. KI~ELL 5301 FJXP 12-31-03
I, 600
EXHIBIT '~,"
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 128-372-041 & 128-372-042
A 1.00 foot (0.305 meter) wide strip of land over that portion of the East 3.00 Acres of
Lot 1 of the "Kellogg Homestead Tract", in the City of Anaheim, County of Orange, State
of California, as per map recorded in Book 8, Page 51 Miscellaneous Maps, and as
shown on a map recorded in Book 28, page 25 of Records of Survey, in the Office of the
County Recorder of said County, lying westerly, southwesterly, and southerly of the
following described line:
Beginning at the centerline intersection of Euclid Street and Ball Road, as shown on map
of said "Kellogg Homestead Tract"; thence, along said centerline of Euclid Street, South
0°55'57" West, 160.900 meters (527.89 feet) to the easterly prolongation of the southerly
line of said East 3.00 Acres of Lot 1; thence, along said prolongation, North 89004'03"
West, 16.154 meters (53.00 feet) to the west line of said Euclid Street as described in
deed recorded October 4, 1961 in Book 5869, Page 802 of Official Records of said
County, said point being the True Point of Beginning, said point also being the
beginning of a nontangent curve, concave westerly and having a radius of 362.712
meters (1190.00 feet), a radial line of said curve to which point bears South 89°04'03''
East; thence, leaving said west line and northerly along said curve, 22.929 meters
(75.23 feet) through a central angle of 3°37'19"; thence, North 2°41'22" West, 25.197
meters (82.67 feet) to the beginning of a curve, concave easterly and having a radius of
368.503 meters (1210.00 feet); thence, northerly along said curve, 23.311 meters (76.48
feet) through a central angle of 3°37'28"; thence, North 0°56'06'' East, 64.535 meters
(211.73 feet); thence, North 44°01'36" West, 11.200 meters (36.75 feet); thence, North
88°59'04" West, 48.426 meters (158.88 feet) to the intersection of the west line of said
East 3.00 Acres of Lot 1 and the southerly line of Ball Road as described in said deed,
said point being the Point of Termination.
The sidelines of said strip shall terminate at said west line and said south line of the East
3.00 Acres of Lot 1 of the "Kellogg Homestead Tract"
Contains 50. 06 Square Meters (539 Square Feet), more or less
David O. Knell, PLS 5301
Expires 12-31-03
D:\wpdocs~ballroad~halcoa.wpd
March 8, 2000
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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. 2001R-101 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 24th day of April, 2001, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Kring, Tait, M¢Cracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
TEMPORARILY ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus
CITY CLEI:~F/K Of THE CITY Of ANAHEIM
(SEAL)