RES-2012-004 RESOLUTION NO. 2012- 004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 1006 -1032 NORTH TUSTIN AVENUE FOR THE
PURPOSES OF THE TUSTIN AVENUE AND LA PALMA
AVENUE IMPROVEMENT PROJECT
(R/W ACQ 2010 -00382 AND R/W ACQ 2010- 00383).
WHEREAS, the City of Anaheim has been investigating the acquisition of a portion of
property located at 1006 -1032 North Tustin 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 10, 2012, 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
( "Property "), 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 Tustin Avenue and La Palma Avenue Improvement Project (the
"Project "), and on the following matters:
A. Whether the public interest and necessity require the Project;
B. Whether the Project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
C. Whether the Property proposed to be acquired is necessary for the Project;
and
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
WHEREAS, 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 ")/ Initial Study and Mitigated Declaration Report which was
approved by the City Council on January 11, 2011 for the Tustin Avenue and La Palma Avenue
Improvement 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 Project for which the property is being acquired is the Tustin Avenue and
La Palma Avenue Improvement Project which consists of the widening and improving of Tustin
Avenue and La Palma Avenue, including installation of street landscaping and public utilities. The
Location of the Project is depicted generally in the project precise alignment dated May 31, 2011 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 1006 -1032 North
Tustin Avenue, (Assessor Parcel Nos. 346 - 132 -10, 11, 12 and 13). The portions of Property the
City seeks to acquire, and the Property interests sought, consist of the following:
A. Street Easement for road and public utility purposes title to approximately
6,298 square feet of the Property, as more specifically described in Exhibit
"A" and depicted in Exhibit `B" attached hereto.
B. A nonexclusive public utility and wall easement to permit the City, and/or its
contractors, to enter onto the area more specifically described in the legal
description attached hereto as Exhibit "C" approximately 18,747 square feet,
and depicted in Exhibits "C -1" attached hereto, for the purposes of
constructing, maintenance and ingress /regress access between the public
rights of way and the property of which the area described in Exhibit "C" is a
part, and also to accommodate the public improvements contemplated under
the Tustin Avenue and La Palma Avenue Improvement Project. The Public
Utility Easement shall include the right to construct the wall structures within
the area of the public utility and wall easement.
C. A temporary construction easement over approximately 1,451 square feet of
Property, more specifically described in Exhibits "D" attached 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 Exhibits "D ",
approximately 1,451 square feet, and depicted in Exhibits "D -1" attached
hereto, as deemed reasonably necessary for all purposes incidental to
-2-
reconstructing and widening Tustin Avenue and La Palma Avenue 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 concrete forms; landscaping; irrigation;
utility; 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.
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, 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.
The 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 six (6) 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.
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SECTION III. The public interest and necessity require the Project, in that the City's General
Plan, and specifically the City of Anaheim Planned Roadway Network, calls for the improvement of
Tustin Avenue and La Palma Avenue 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 ofthe
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 October 21, 2011. 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 applicable
environmental review procedures in compliance with the California Environmental Quality Act
( "CEQA ") /Initial Study and Mitigated Declaration Report which was approved on January 11, 2011,
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
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.
-4-
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 10 day of January 2012, by the following roll -call vote:
AYES: Council Members Galloway, Sidhu, Eastman and Murray
NOES: None
ABSTAIN: Mayor Tait
ABSENT: None
CITY HEIM
MA OR OF THE C OF ANAHEIM
ATTEST
AL I
CITY CLERK OF THE CITY OF ANAHEIM
87703
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EXHIBIT A
LEGAL DESCRIPTION
ACQ 2010 -00382
APN 346 - 132 -10
THAT PORTION OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN BOOK 134,
PAGES 49 AND 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
PARCEL A
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE
ALONG THE NORTHERLY LINE OF SAID PARCEL 1 SOUTH 88 °27'00" EAST
11.00 FEET TO A LINE PARALLEL WITH AND 11.00 FEET EASTERLY OF THE
WESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID PARALLEL LINE
SOUTH 02 °16'30" WEST 50.14 FEET; THENCE LEAVING SAID PARALLEL LINE
SOUTH 47 °16'30" WEST 15.56 FEET TO A POINT ON THE WESTERLY LINE OF
SAID PARCEL 1; THENCE ALONG SAID WESTERLY LINE NORTH 02 °16'30"
EAST 61.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 611 SQUARE FEET, MORE OR LESS.
PARCEL B
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE
ALONG THE WESTERLY LINE OF SAID PARCEL 1 NORTH 09°53'41" EAST
53.83 FEET; THENCE NORTH 14 °54'27" EAST 14.32 FEET TO THE BEGINNING
OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1260.00
FEET; THENCE NORTHEASTERLY 275.91 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 12° 32' 47" TO A POINT OF CUSP WITH A
NON- TANGENT LINE TO SAID CURVE AND TO WHICH POINT A RADIAL LINE
BEARS SOUTH 87° 38' 20" EAST; THENCE LEAVING SAID WESTERLY LINE
AND ALONG SAID NON - TANGENT LINE SOUTH 02 °16'30" WEST 64.10 FEET
TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 1326.00 FEET; THENCE SOUTHERLY 104.41 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 04°30'42" TO A RADIAL LINE OF
SAID CURVE THAT BEARS SOUTH 83 °12'48" EAST; THENCE ON THE
PROLONGATION OF SAID RADIAL 0.50 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
1326.50 FEET AND BEING CONCENTRIC WITH LAST MENTIONED CURVE, A
RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 83° 12' 48" EAST;
THENCE SOUTHWESTERLY 96.10 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 04°09'03"; THENCE SOUTH 10°56'15" WEST 70.13 FEET;
THENCE SOUTH 09°57'15" WEST 7.84 FEET TO THE SOUTHERLY LINE OF
Page 1 of 2
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SAID PARCEL 1; THENCE ALONG SAID SOUTHERLY LINE NORTH 87 °43'30"
WEST 14.53 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,682 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO
AND MADE A PART OF HEREOF.
SUBJECT TO THE COVENANTS, CONDITIONS, RESERVATIONS,
RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS., IF ANY, OF RECORD.
PREPARED BY ME OR UNDER MY DIRECTION
THEODORE M. KRULL L.S. 5848 DATE
REGISTRATION EXPIRES DECEMBER 31, 2012
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EXHIBIT A
LEGAL DESCRIPTION
ACQ 2010 -00383
APN 346- 132 -12
THAT PORTION OF PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN BOOK 134,
PAGES 49 AND 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE
ALONG THE NORTHERLY LINE OF SAID PARCEL 3 SOUTH 87° 43' 30" EAST
14.53 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 09° 57' 15"
WEST 65.55 FEET; THENCE SOUTH 80° 02' 45" EAST 2.50 FEET; THENCE
SOUTH 09° 57' 15" WEST 110.60 FEET; THENCE SOUTH 18° 59' 11" WEST 44.15
FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 3; THENCE
ALONG SAID WESTERLY LINE THE FOLLOWING TWO COURSES NORTH 02°
16' 30" EAST 73.45 FEET; THENCE NORTH 09°53'41" EAST 145.02 FEET TO THE
POINT OF BEGINNING.
CONTAINING 3,005 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO
AND MADE A PART OF HEREOF.
SUBJECT TO THE COVENANTS, CONDITIONS, RESERVATIONS,
RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD.
PREPARED BY ME OR UNDER MY DIRECTION
THEODO M. KRULL L.S. 5848 DATE
REGISTRATION EXPIRES DECEMBER 31, 2012 - - LAND'
p 00 M. G �`
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AREA SUMMARY: L- ,J> i.e Q
PARCEL 'A' = 611 SQ. FT. *_ -. eor CALF O �
PARCEL 'B' = 2,682 SO. FT. .
.KFM ENGINEERING, INC. EASEMENT FOR ROAD AND
17885 VON KARMAN AVE. SUITE 500
IRVINE, VA 92614 PUBLIC UTILITY PURPOSES
DRAWN: DJ CHM: MS
&F.. "All DIS. MAP R/W NO. ACQ 2010 -00382
SIGNATURE DATE DATE: 02/11 DATE: 02/11
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EXHIBIT B. LEGEND:
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ASSESSOR PARCEL LINE
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SIGNATURE DATE DATE: 02 /1I DATE: 02/If
EXHIBIT `O
LEGAL DESCRIPTION
ACQ ,2O/O - 00380
APN 346- 13240
PUBLIC UTILITY AND WALL EASEMENT
THAT PORTION OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN BOOK 134, PAGES 49 AND
50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF . SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG
THE SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 87° 43' 30" EAST 14.53 FEET TO
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE
NORTH 09 °.57' 15" EAST 7.84 FEET; THENCE NORTH 10° 56' 15" EAST 70.13 FEET TO
THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF
1326.50 FEET; THENCE NORTHERLY 96.10 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 04° 09' 03" TO A RADIAL LINE OF SAID CURVE WHICH BEARS
SOUTH 83° 12' 48" EAST; THENCE ALONG SAID RADIAL LINE NORTH 83° 12' 48"
WEST 0.50 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO
THE WEST HAVING A RADIUS OF 1326.00 FEET, A RADIAL LINE THROUGH SAID
BEGINNING OF NON - TANGENT CURVE BEARS SOUTH 83° 12' 48" EAST; THENCE
NORTHERLY 104.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
04° 30' 42 "; THENCE NORTH 02° 16' 30" EAST 15.07 FEET; THENCE SOUTH 87° 43' 30"
EAST 30.00 FEET TO THE WESTERLY LINE OF THE 25 FOOT WIDE ACCESS
EASEMENT DEDICATED TO THE CITY OF ANAHEIM AS SHOWN ON SAID MAP
FILED IN BOOK 134, PAGES 49 AND 50; THENCE ALONG SAID WESTERLY LINE THE
FOLLOWING TWO COURSES: SOUTH 02° 16' 30" WEST 105.14 FEET; THENCE SOUTH
08° 41' 35" WEST 188.01 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1;
THENCE LEAVING SAID WESTERLY LINE AND ALONG SAID SOUTHERLY LINE
NORTH 87° 43' 30" WEST 35.22 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 9,334 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT ' (21 ATTACHED HERETO AND
MADE A PART OF HEREOF.
SUBJECT TO THE COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS,
RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD.
PREPARED BY ME OR UNDER MY DIRECTION DOpRE 4 4
THEODORE M. KRULL L.S. 5848 DATE • ij> ` *,
REGISTRATION EXPIRES DECEMBER 31, 2012 CAUFQ��
Page l of l
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J -. o , �(b° / / BASIS OF BEARINGS:
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AREA SUMMARY: F t * ND.s
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CAL.OV
1 $F I NC. 0 PUBLIC UTILTIY & WALL EASEMENT
IRVINE, VA 92614
,y �� DRAWN: JS CHKD: MS
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SIGNATURE DATE DATE:05 /II DATE:05 /II
EXHIBIT "d'
LEGAL DESCRIPTION
ACQ 020/0 - 003 *3
APN 346- 132 -12
PUBLIC UTILITY AND WALL EASEMENT
THAT PORTION OF PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 134, PAGES 49 AND
50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG
THE NORTHERLY LINE OF SAID PARCEL 3 SOUTH 87° 43' 30" EAST 14.53 FEET TO
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE
SOUTH 09° 57' 15" WEST 65:55 FEET; THENCE SOUTH 80° 02' 45" EAST 2.50 FEET;
THENCE SOUTH 09° 57' 15" WEST 110.60 FEET; THENCE SOUTH 18° 59' 11" WEST
44.15 FEET TO THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID
WESTERLY LINE SOUTH 02° 16' 30" WEST 72.37 FEET; THENCE LEAVING SAID
WESTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID PARCEL 3 SOUTH
88° 27' 00 "EAST 30.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 02°
16' 30" EAST 55.07 FEET; THENCE NORTH 18° 59' 11" EAST 54.39 FEET; THENCE
NORTH 09° 57' 15" EAST 28.06 FEET TO THE SOUTHERLY LINE OF THE 12 FOOT
WIDE PUBLIC UTILITY EASEMENT DEDICATED TO THE CITY OF ANAHEIM AS
SHOWN ON SAID MAP FILED IN BOOK 134, PAGES 46 AND 50 OF PARCEL MAPS;
THENCE ALONG SAID SOUTHERLY LINE NORTH 80° 09' 33" WEST 23.60 FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 09° 57' 15" EAST 12.00 FEET TO
THE NORTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT; THENCE ALONG
SAID NORTHERLY LINE AND ALONG THE WESTERLY LINE OF SAID EASEMENT
SOUTH 80° 09' 33" EAST 23.15 FEET; THENCE NORTH 09° 50' 27" EAST 143.51 FEET TO
THE NORTHERLY LINE OF SAID PARCEL 3; THENCE LEAVING SAID WESTERLY
LINE AND ALONG SAID NORTHERLY LINE OF PARCEL 3 NORTH 87° 43' 30" WEST
35.69 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 9,413 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBITC ATTACHED HERETO AND
MADE A PART OF HEREOF.
SUBJECT TO THE COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS,
RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD.
NNAL LAN
BY ME OR UNDER MY DIRECTION �, oppRE 4 . , G� :
THEODORE M. KRULL L.S. 5848 DATE ›, ,4
REGISTRATION EXPIRES DECEMBER 31, 2012 Cittl*Nr
Page age l of l
N: 1AcadprgiCSCtCs25261LEGALS1346- 132 -12 PUE.doc
EXHIBIT 1(j..I/ LEGEND:
AP# 346-132-12 EX. R/W LINE
7 — ; TOTAL PUBLIC UTILITY 8
WALL EASEMENT
/ /
1 ASSESSOR PARCEL LINE
NOT TO SCALE
1 REC. PER P.M.B. 134/49 -50
1
/ /
1 S87 6 43'30 "E
• 14.53'
P.O.B. 1 1 T.P 0 . 8 ; PCL. 1
3o "w P.M.B CL. 1
_1-.; 35.69'
;7 643'3." AP# 346 - 132 -10
_ 13 N'LY LINE PCL. 3
Q / 1 ui P.M.B.134/49 -50
0 1 �� 11
1.7 a 1 ° ° !LI PCL. 3
"' 1 N P.M.B.134/49 -50
10
1 Kilo AP# 346 -132 -12
D- v S80 6 02'45 "E �r 1 Nt m
1 z 2.50' 1 z
12' PUBLIC UTILITY EASEMENT
`' - w 1 PER P.M.B. 134/49 -50
,...., Yt (I ? 1 0 1
0
? 1 it , 11 AREA SUMMARY:
1 1 v PUBLIC UTILITY a
• WALL EASMENT = 9,413 SO. FT.
%" N f 1 BASIS OF BEARINGS:
[LI % THE CENTERLINE OF TUSTIN AVENUE PER
y PARCEL MAP BOOK 134 PAGES 49 -50
M BEING N 296'30" E
0 r m • WALL
1
iv z 28.06.
a• COURSE DATA
LI N80 6 09'33 "W 23.60'
-
6 >w L2 N09 6 57'15 "E 12.00'
/ - In 3 .*-
v rn L3 N80 •09'33 "W 23.15'
b co
1 iD p� (ice
/ z r r...
i�� S'LY LINE PCL. 3 O
in cm P.M.8.134/49 50 Exp. _° r
z * P13.5848 (N88 °27'00 "w
I N88 °27'001* 346- 132 -14 art f 0
3 0.00' �
KFM ENGINEERING, INC.
17885 VON KARMAN AVE. SUITE 500 PUBLIC UTILTIY & WALL EASEMENT
IRVINE, VA 92614
DRAWN: JS CMKD: TK
�)��AC� // I ,1r
S. MAP R/W NO.
TU
SIGNAR ���4/ /� !O' DATE DATE: 05/11 DATE: 05/11
■
EXHIBIT 'Y2
LEGAL DESCRIPTION
ACQ ZOIO - dD.38Z
APN 346 132 - 10
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN BOOK 134,
PAGES 49 AND 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE
ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 87° 43' 30" EAST
14.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID.
SOUTHERLY LINE NORTH 09° 57' 15" EAST 7.84 FEET; THENCE NORTH 10° 56'.
15" EAST 70.13 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
WEST HAVING A RADIUS OF 1326.50 FEET; THENCE NORTHERLY 96.10 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04° 09' 03" TO A
RADIAL LINE OF SAID CURVE WHICH BEARS SOUTH 83° 12' 48" EAST;
THENCE ALONG SAID RADIAL LINE NORTH 83° 12' 48" WEST 0.50 FEET TO
THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 1326.00 FEET, A RADIAL LINE THROUGH SAID
BEGINNING OF NON - TANGENT CURVE BEARS SOUTH 83° 12' 48" EAST;
THENCE NORTHERLY 104.41 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 04° 30' 42 "; THENCE NORTH 02° 16' 30" EAST 64.10 FEET
TO A PONT IN THE WESTERLY LINE OF SAID PARCEL 1, SAID POINT BEING
THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 1260.00 FEET, A RADIAL LINE THROUGH SAID
BEGINNING OF NON - TANGENT CURVE BEARS SOUTH 87° 38' 20" EAST;
THENCE ALONG SAID WESTERLY LINE AND NORTHERLY 1.89 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 05' 10 "; THENCE
CONTINUING ALONG SAID WESTERLY LINE AND TANGENT TO SAID CURVE
NORTH 02° 16' 30" EAST 96.82 FEET; THENCE LEAVING SAID WESTERLY LINE
NORTH 47° 16' 30" EAST 15.56 FEET TO A LINE PARALLEL WITH AND 11.00
FEET EASTERLY OF SAID WESTERLY LINE; THENCE ALONG SAID PARALLEL
LINE NORTH 02° 16' 30" EAST 50.14 FEET TO THE NORTHERLY LINE OF SAID
PARCEL 1; THENCE LEAVING SAID PARALLEL LINE AND ALONG SAID
NORTHERLY LINE SOUTH 88° 27' 00" EAST 7.67 FEET TO A LINE PARALLEL
WITH AND 18.67 FEET EASTERLY OF SAID WESTERLY LINE; THENCE ALONG
SAID PARALLEL LINE SOUTH 02° 16' 30" WEST 41.95 FEET; THENCE LEAVING
SAID PARALLEL LINE NORTH 87° 43' 30" WEST 6.67 FEET TO A LINE
PARALLEL WITH AND 12.00 FEET EASTERLY OF SAID WESTERLY LINE;
THENCE ALONG SAID PARALLEL LINE SOUTH 02° 16' 30" WEST 8.70 FEET TO
THE INTERSECTION WITH A LINE PARALLEL WITH AND 1.00 FOOT
SOUTHEASTERLY OF THE HEREINABOVE DESCRIBED COURSE OF `NORTH
47° 16' 30" EAST 15.56 FEET' AND ITS NORTHEASTERLY PROLONGATION;
Page 1 of 2
NAAcadprojlCSCICs2526 \LEGALS\346- 132 -10 TCE.d°c
THENCE ALONG SAID PARALLEL LINE SOUTH 47° 16' 30" WEST 1536 FEET TO
THE INTERSECTION WITH A LINE PARALLEL WITH AND 1.00 FOOT
WESTERLY OF SAID WESTERLY LINE OF PARCEL 1 SHOWN AS " N 2° 16' 30" E
157.82' " ON SAID PARCEL MAP; THENCE ALONG SAID PARALLEL LINE AND
ITS SOUTHERLY PROLONGATION SOUTH. 02° 16' 30" WEST 142.86; THENCE
LEAVING SAID PARALLEL LINE SOUTH 00° 3P 26" WEST 126.56 FEET; THENCE
SOUTH 09° 28' 31" WEST 5.98 FEET; THENCE NORTH 82° 52' 24" WEST 7.40 FEET
TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 1327.50 FEET, SAID CURVE BEING PARALLEL WITH
AND 1.00 FOOT EAST OF THE HEREINABOVE CURVE DESCRIBED AS HAVING
A CENTRAL ANGLE OF 04° 09' 03" A RADIUS OF 1326.50 FEET AND AN ARC
LENGTH OF 96.10 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF NON -
TANGENT CURVE BEARS SOUTH 82° 52' 24" EAST; THENCE SOUTHERLY 88.29
FEET ALONG SAID PARALLEL CURVE THROUGH A CENTRAL ANGLE OF 03°
48' 39" TO THE INTERSECTION WITH A LINE PARALLEL WITH AND 1.00 FOOT
EASTERLY OF HEREINABOVE COURSE DESCRIBED AS " NORTH 10° 56' 15"
EAST 70.13 FEET "; THENCE ALONG SAID PARALLEL LINE SOUTH 10° 56' 15"
WEST 70.12 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH AND
1.00 FOOT EASTERLY OF HEREINABOVE COURSE DESCRIBED AS " NORTH 09°
57' 15" EAST 7.84 FEET "; THENCE ALONG SAID PARALLEL LINE SOUTH 09° 57'
15" EAST 7.70 FEET TO SAID SOUTHERLY LINE OF PARCEL 1; THENCE
LEAVING SAID PARALLEL LINE AND ALONG SAID SOUTHERLY LINE NORTH
87° 43' 30" WEST 1.01 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,226 SQUARE FEET, MORE OR LESS.
• q N
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT D-1 ATTACHED HERETO
AND MADE A PART OF HEREOF.
SUBJECT TO THE COVENANTS, CONDITIONS, RESERVATIONS,
RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD.
PREPARED BY ME OR UNDER MY DIRECTION
THEODORE M. ULL L.S. 5848 DA
REGISTRATION EXPIRES DECEMBER 31, 2012 //sp"� SOS oftE
{ 0. ez`zr Expr`
* No.5848
•
Page 2 of 2
NI:\ Acadproj \CSC\Cs25261LEGALS\346- 132 -10 TCE.doc
EXHIBIT gP -1 S eF o
AP# 346 - 132 -10 AP# 345 - 132 -02 / 4 F-
L NOTtSCALE N88 27'00 "W 11.00' • N88 27'00 W 767 ' Z ° „ O'
11.0o W ' W PCL. 1 2 /s. ' � > 3 .
z I .. ` 1 �° P -50 / 6 g� F 820,
e).. r ,y O , �L
I-- f� . dN AP# 346 - 132 -10 0 °0 �
` ' Q 0
D i., IZ ' z 1 8.67' &' ° °�C '�J •.4 .
°D - N87 °43'30 1 6.67'
• :.\0 0 '1, W
N47 °16'30 "E 1 0 4.
15.56' ,� NO2 °16'30 "E 8.70 ;L h /
0
o — w N47°I6'30 "E / ' v �!� , R33 '
D E ' l' W 15.56' 0° / .O �
ti. It 0-o; N 4o J 0
Ca ° R
O N z∎ z co w N Q IS
Q-* O 0 J � l , N � ° / /'
0: J . +� 1.00' v 0' � 'ti / ,,,•' • / •3 f � Q� Q- , O 0 � (o
- 60 "Nt N83°I2 "W / i - 41 ' NOT TO SCALE
0.50' -�•■.-- . '
SEE ABOVE RIGHT / 1 ' / ,), .
3
PCL. 1
. .,17. / , ,• , 4 " ,y, AP# 346 132 -
9 40 so / �° • ' °1 .. ., BASIS OF BEARINGS:
s� / aeO t3,6-1, ti rr,
/ (NI4 °54'27 "E1�`:"' / o • ^) THE CENTERLINE OF TUSTIN AVENUE PER
114.321 / D v m PARCEL MAP BOOK 134 PAGES 49 -50
. Z , •`L I BEING N 216'30" E
,: ' �?9 ° N a� 2 LEGEND:
\x 0 0 3 / � ,. ., •p . Fs . — -- — — EX. R/W LINE
P / . N- 1 eP _ _ Z. TOTAL TCE EASEMENT
/ '� N ASSESSOR PARCEL LINE
/ ? 0 °ST'S ( ) REC. PER P.M.B. 134/49 -50
/0,4; ,
/ � °4 45& 'V /3QF ,o /'S otE M G�
A c5 .• PCL. 3 a o• ' c� 14 O '4 1 An :'
�° P.M.B.134/49 - 50 w/ -i0/ ' 9 o�' G o.
AP# 346- 132 -12 1 a l EX1), /, 23
AREA SUMMARY: f t `* No.5848 * '
` `Pl � `Q,
TCE = 1,226 SO. FT. ± \ ' r� O CAL\ O°
KFM ENGINEERING, INC. TEMPORARY
17885 VON KARMAN AVE. SUITE 500
IRVINE, VA 92614 CONSTRUCTION EASEMENT
J/� { DRAWN: JS CHKD: M DIS. MAP
`',,,, % �6, �/ R/W NO.
SIGNATURE DATE DATE: 02/11 DATE:02 /II
•
EXHIIBIT "j7"
LEGAL DESCRIPTION
ACQ Z /t7 ei4 S43
APN 346-132-12
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN BOOK 134,
PAGES 49 AND 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 1.00 FEET WIDE, THE WESTERLY LINE OF SAID STRIP
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE
ALONG THE NORTHERLY LINE OF SAID PARCEL 3 SOUTH 87° 43' 30" EAST
• 14.53 FEET TO THE TRUE POINT OF BEGINNING;. THENCE LEAVING SAID
NORTHERLY LINE SOUTH 09° 57' 15" WEST 65.55 FEET; THENCE SOUTH 80°
02' 45" EAST 2.50 FEET; THENCE SOUTH 09° 57' 15" WEST 110.60 FEET;
THENCE SOUTH 18° 59' 11" WEST 44.15 FEET TO THE WESTERLY LINE OF
SAID PARCEL 3.
CONTAINING 225 SQUARE FEET, MORE OR LESS.
THE SIDELINES OF SAID 1.00 FOOT STRIP SHALL BE PROLONGED OR
SHORTENED ON THE NORTH SO AS TO TERMINATE IN SAID NORTHERLY
LINE AND ON THE SOUTH SO AS TO TERMINATE IN SAID WESTERLY LINE
OF PARCEL 3.
ALL AS MORE PARTICULARLY SHOWN ON OM
XHIBIT U f )1 ATTACHED HERETO
AND MADE A PART OF HEREOF.
SUBJECT TO THE COVENANTS, CONDITIONS, RESERVATIONS,
RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD.
PREPARED BY ME OR UNDER MY DIRECTION
THEODORE M. KRULL L.S. 5848 DATE � L
,�p,A
REGISTRATION EXPIRES DECEMBER 31, 2012 o� Ogoon4f
Exp./LA: z
* 140. 5848
�� 9T F ■ �� \ �
Page 1 of 1 OF OAU E .
N: WcadproilCSC\Cs25261LEGALS1346- 132 -12 TCE.doc
EXHIBIT VII LEGEND:
AP# 346 - 132 -12 _ _ _ _ EX. R/W LINE
7_ /��/ TOTAL TCE EASEMENT
I ASSESSOR PARCEL LINE
/ NOT TO SCALE ( ) REC. PER P.M.B. 134/49 -50
1
/ 11
1 587 °43'30 "E PCL. 1
P.O.B. /Age 14.53' T P.M.B.134/49 -50
./..:iti A (N87 °43'30 "W) AP# 345- 132 -10
13 N'LY LINE PCL. 3
Cr I I in P.M.B.134/49 -50
nu3
iti 0 1&
1 PCL. 3
- C..31.11:77 S80°02' 45"E' P.M.B.134/49 - 50
1— J O i A r 2.50' AF'# 345 - 132 - 1 2
4 V 1
iJ \ L
• / aM a ! • AREA SUMMARY:
M I
m _ o '
TCE = 225 SO. FT. *_
3Q z 1 Loo. I, BASIS OF BEARINGS:
/ I THE CENTERLINE OF TUSTIN AVENUE PER
rn PARCEL MAP BOOK 134 PAGES 49 -50
• BEING N 216'30" E
w
M r s
Nr
t0 . -
I (V N I
m Z
kri h�
co
w ,
0
IY7
rl
l0
I o ,, ,�1 LAND
/ z / ./L c2 co _ ,;)° , ik E iii.4
\., S'LY LINE PCL. 3
P.M.B.134/49 -50 1 tL E xp:, _ _ a ' '
,. * N0.584 8
(N88 °2T00"W)
I AP# 346- 132 -14 :ilk, . .. .
KFM ENGINEERING, INC. TEMPORARY CONSTRUCTION
17885 VON KARMAN AVE. SUITE 500 EASEMENT
IRVINE, VA 92614
2
ie�.� t-l/ :::: CN KD: S. M R/W NO.
SIGNATURE DAT£ /1) DATE: 02/11