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RES-2012-005 RESOLUTION NO. 2012- 005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1086 -1092 NORTH TUSTIN AVENUE AND 3800- 3822 EAST LA PALMA FOR THE PURPOSES OF THE TUSTIN AVENUE AND LA PALMA AVENUE IMPROVEMENT PROJECT (R/W ACQ 2010 -00380 AND R/W ACQ 2010 - 00381). WHEREAS, the City of Anaheim has been investigating the acquisition of a portion of property located at 1086 -1092 North Tustin Avenue and 3800 -3822 East La Palma 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 1086 -1092 North Tustin Avenue and 3800 -3822 East La Palma Avenue, (Assessor Parcel Nos. 346 - 132 -10 and 346- 143-07). 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 6,626 square feet of the Property, as more specifically described in Exhibit "A" and depicted in Exhibit `B" attached hereto. B. A temporary construction easement over approximately 4,630 square feet of Property, more specifically described in Exhibits "C" 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 "C ", approximately 4,630 square feet, and depicted in Exhibits "C -1" attached hereto, as deemed reasonably necessary for all purposes incidental to 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 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. 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 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 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 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 -3- 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. 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. -4- 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 (/f/ CIT AHEI MAYOR OF THE CITY OF ANAHEIM ATTEST. 144//1. dIPA4 ■ 411 CITY CLERK 0 THE CITY OF A AHEIM 87715.1/bmorley -5- EXHIBIT A LEGAL DESCRIPTION ACQ 2010 -00380 APN 346- 143 -07 THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS PARCEL 2 IN THE ' GRANT DEED RECORDED NOVEMBER 01, 2007 AS INSTRUMENT NO. 2007000664273 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF THE LAND DESCRIBED AS AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES IN THE GRANT DEED RECORDED MARCH 11, 1976 IN BOOK 11670, PAGE 1296 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS " N 87° 43' 14" W 314.96 FEET " IN SAID GRANT DEED; THENCE ALONG THE SOUTHERLY, SOUTHWESTERLY AND WESTERLY LINE OF SAID EASEMENT THE FOLLOWING THREE COURSES: NORTH 87° 43' 14" WEST 314.96 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY 39.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00"; THENCE SOUTH 02° 16' 46" WEST 28.62 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89° 09' 34" EAST 12.02 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 9885.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF NON - TANGENT CURVE BEARS NORTH 86° 53' 48" WEST: THENCE LEAVING SAID SOUTHERLY LINE AND NORTHERLY 18.73 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 06' 31" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY 38.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 04' 03" TO A TANGENT LINE THAT IS PARALLEL WITH AND 10.00 FEET SOUTHERLY OF THE HEREINABOVE MENTIONED COURSE OF " NORTH 87° 43' 14" WEST 314.96 FEET "; THENCE ALONG SAID PARALLEL LINE SOUTH 87° 43' 14" EAST 280.10 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2010.00 FEET; THENCE LEAVING SAID PARALLEL LINE AND EASTERLY 22.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 38' 36" TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE NON - TANGENT TO SAID CURVE AND ALONG SAID EASTERLY LINE NORTH 02° 16' 46" EAST 9.87 FEET TO THE POINT OF BEGINNING. Page 1 of 2 N:\ Acadproj\CSC1Cs2526\LEGA1S1346 -1 43 -07 Legal.doc CONTAINING 3,927 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF. PREPARED BY ME OR UNDER MY DIRECTION 4—/ ��ia. CA�17. ��'✓ �����il" 4S 'lp THEODORE M. KRULL L.S. 5848 DATE ti. /� �r. REGISTRATION EXPIRES DECEMBER 31, 2012 Ea __ j _Z. 441t 2 t," Of au* Page 2 of 2 N: 1AcadprojlCSCtCs2i2,6\LEGALS134 &143 -07 Legal.doc EXHIBIT A LEGAL DESCRIPTION ACQ 2010-00381 APN 346- 132 -01 THAT PORTION OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 WEST OF THE SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, MORE PARTICULARLY DESCRIBED AS PARCEL 1 IN THE GRANT DEED RECORDED NOVEMBER 01, 2007 AS INSTRUMENT NUMBER 2007000664273 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID FRACTIONAL SECTION 4, DISTANT NORTH 02° 16' 30" EAST 971.50 FEET ALONG SAID WEST LINE FROM THE NORTHWEST CORNER OF LOT 4 OF SAID SECTION, SAID POINT BEING THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE CONTINUING ALONG SAID - WEST LINE AND THE WESTERLY LINE OF SAID PARCEL 1 NORTH 02° 16' 30" EAST 240.21 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE LEAVING SAID WEST LINE AND ALONG THE NORTHERLY LINE OF SAID PARCEL 1 SOUTH 89° 09' 48" EAST 60.00 FEET TO THE EASTERLY RIGHT -OF -WAY OF TUSTIN AVENUE AS DESCRIBED IN THE EASEMENT DEEDS BOTH RECORDED MARCH .01, 1979. IN BOOK 13052, PAGE 1497 AND IN BOOK 13052, PAGE 1499, BOTH OF OFFICIAL RECORDS OF SAID COUNTY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89° 09' 48" EAST 12.02 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 9885.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF NON - TANGENT CURVE BEARS NORTH 86° 54' 09" WEST; THENCE LEAVING SAID NORTHERLY LINE AND SOUTHERLY 141.90 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 49' 21" TO A TANGENT LINE PARALLEL WITH AND 11.00 FEET EASTERLY OF THE EASTERLY RIGHT -OF -WAY OF TUSTIN AVENUE AS DESCRIBED IN SAID EASEMENT DEEDS; THENCE ALONG SAID PARALLEL LINE SOUTH 02° 16' 30" WEST 99.24 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE LEAVING SAID PARALLEL LINE AND ALONG SAID SOUTHERLY LINE NORTH 88° 27' 00" WEST 11.00 FEET TO SAID EASTERLY RIGHT -OF -WAY; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID EASTERLY RIGHT -OF -WAY NORTH 02° 16' 30" EAST 240.96 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,699 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT `B" ATTACHED HERETO AND MADE A PART OF HEREOF. L L4k `* ORE M . PREPARED BY ME OR UNDER MY DIRECTION • r`' 63 . p MR` No.5848 THEODORE M. KRULL L.S. 5848 DATE OFCAta REGISTRATION EXPIRES DECEMBER 31, 2012 Page l of N: Acadproj \CSC\Cs25261LEGALSS346- 132 -01 LegaLdoc — — . � m ( C2`16'46 „ w) - X02'16'46 A ✓ G �.? _ �.�.__� APB 346-143-0/ o (53') 9.87' 1 ;ot, 1 6,=00'38'36” ''z.16' BASIS OF BEARINGS: m P.O.B. T R= 205700 4) THE BEARING OF LA PALMA AVE. a ; '� I AND TUSTIN AVE. PER BK 11670 0) co co PG 1296 O.R. , o LEGEND: Q "i g - - - -- EX. R/W LINE z a f0 z TOTAL EASEMENT TAKE o ASSESSOR PARCEL LINE i- D_ 0 10' UO / ( ) REC. PER BK 11670 wcr, PG 1296 O.R. 1 i rr i 0 O 4 N AREA SUMMARY: r� ° 00 RIGHT OF WAY TAKE = 3,927 S.F. ± 66 - J v- o W om I `� rn C90 0 .1 Q 53' a O NOT TO SCALE .-I Q z Q ~ In z Q I 03 m m Cl_ 3 3 M 0, 3 Ui Q Q _1 I ^ Lri 7..1 AP# 346 - 132 -01 G z co N .._ Z II 1.... 1 / ' in 0 �i i p l LAryps 1 ' izill • `" E ' , M . � �' ,0� G e.4. [ 00'06'31" R=9885.001=18.73' a A.: Ex0 /Zs A (A 90'00•00 ") ' •48>•W f36(2 l �� (Ra25.00') ' N89 "9'34 "W dt in _ 0, * a. (L=39.27') R.2 0 12.02 'f F OFcAll n (NO2'16'46 "E) :' (28.62') O N , M 01 O) t00 O'O TUSTIN AVE. '�- (108 .13') .. (JEFFERSON ST.) (N "E) KFM ENGINEERING, INC. EASEMENT FOR ROAD AND 17885 VON 1 IN N E, VA VA 9261 4 SUITE 500 IRV PUBLIC UTILITY PURPOSES IE, 9261_ -7J_, I � sw DRAWN: J.S. CHKD: T.K. DIS. MAP R/W NO. ACQ 201 0-00380 „ SIGNATURE DATE " '1 DATE: 05 /11 DATE: 05/11 EXHIBIT B LEGEND: AP# 346- 132 -01 - - - -- EX. R/W LINE -� LA PALMA AVE. 1 TOTAL EASEMENT TAKE L ASSESSOR PARCEL LINE ( ) REC. PER R.S.B. 90/19 REC. PER BK 13052 PG 1497 O.R. 1 S89 ] & BK 13052 PG 1499 O.R. 1 12.02' T.P.O.B. 1 AP# 346- 143 -07 S89'09'48 "E 1 (589'09'48 "E) [60'] ' N86'54'09 "W(RAD) ___. j • f b N'LY LINE INST. NO. I_1_.) 200700664273 O.R. • <-1 I -°o� o ! BASIS OF BEARINGS: � N a o 43 ` ( b o THE BEARING OF THE CENTERLINE OF • Z . N rnrn c o ° iUSTIN AVENUE PER R.S.B. 90/19. Cr) I aNN �� w zo o AREA SUMMARY: - CO M L, RIGHT OF WAY TAKE = 2,699 SQ. FT.± w / a _, . K �O woo Z AP# 346- 132 -01 Li INST. NO. 2007000664273 O.R. / PCL. 1 tx [ 60'] V ` N 01 L_ O) O m I : m ° O t0 3 u_ � a N S'LY LINE INST. NO. o z V Z 200700664273 O.R. :: i \jir/ La , (N8877'00 "W) P.O.B. N88 7'00 "w t LA NO- NO 0 m ' in AP# 346 - 132 - 02 f 'Q G F a , Wa rn N ExP.10 27 t- , °z - * No. 5848 • z n F OF CAt1�C�� � NORTH LINE OF LOT 4 NOT TO SCALE KFM ENGINEERING, INC. EASEMENT FOR ROAD. AND 17885 VON KARMAN 9261 IRVINE, VA 92614 4 SUITE 500 PUBLIC UTILITY PURPOSES ' '�,� i DATE: : C E: TK MS. MAP R/W NO. ACQ 2010-00381 SIGNATURE DATE DATE: DATE: 02/11 EXHIBIT riG�i LEGAL DESCRIPTION ACQ ZD10 - UD3M APN 346- 143 -07 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS PARCEL 2 IN THE GRANT DEED RECORDED NOVEMBER 01, 2007 AS INSTRUMENT NO. 2007000664273 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF THE LAND DESCRIBED AS AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES IN THE GRANT DEED RECORDED MARCH 11, 1976 IN BOOK 11670, PAGE 1296 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS " N 87° 43' 14" W 314.96 FEET " IN SAID GRANT DEED; THENCE ALONG THE SOUTHERLY, SOUTHWESTERLY AND WESTERLY LINE OF SAID EASEMENT THE FOLLOWING THREE COURSES: NORTH 87° 43' 14" WEST 314.96 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE WESTERLY AND SOUTHERLY 39.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00"; THENCE SOUTH 02° 16' 46" WEST 28.62 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89° 09' 34" EAST 12.02 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 9885.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF NON - TANGENT CURVE BEARS NORTH 86° 53' 48" WEST: THENCE LEAVING SAID SOUTHERLY LINE AND NORTHERLY 18.73 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 06' 31" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY 38.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 04' 03" TO A TANGENT LINE THAT IS PARALLEL WITH AND 10.00 FEET SOUTHERLY OF THE HEREINABOVE MENTIONED COURSE OF " NORTH 87° 43' 14" WEST 314.96 FEET "; THENCE ALONG SAID PARALLEL LINE SOUTH 87° 43' 14" EAST 280.10 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2010.00 FEET; THENCE LEAVING SAID PARALLEL LINE AND EASTERLY 22.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 38' 36" TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE NON - TANGENT TO SAID CURVE AND ALONG SAID EASTERLY LINE SOUTH 02° 16' 46" WEST 20.13 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 87° 43' 14" WEST 56.39 FEET; THENCE NORTH 02° 16' Page l of 2 N: \AcadproACSC1Cs25261LEGALS1346- 143-07 TCE.doc 46" EAST 14.00 FEET; THENCE NORTH 87° 43' 14" WEST 251.21 FEET; THENCE SOUTH 02° 15' 38" WEST 16.04 FEET; THENCE NORTH 87° 44' 16" WEST 14.03 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 9879.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF NON - TANGENT CURVE BEARS NORTH 86° 46' 22" WEST; THENCE SOUTHERLY 21.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 07' 21" TO SAID SOUTHERLY LINE OF PARCEL 2; THENCE NON - TANGENT TO SAID CURVE AND ALONG SAID SOUTHERLY LINE NORTH 89° 09' 34" WEST 6.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3,073 SQUARE FEET, MORE. OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBITC-/ ATTACHED HERETO AND MADE A PART OF HEREOF. PREPARED BY ME OR UNDER MY DIRECTION ,l LAND sG THEODORE M. KRULL L.S. 5848 DATE gip' �' ` * No. 5848 * REGISTRATION EXPIRES DECEMBER 31, 2012 k O % OF cal.* ` Page 2 of 2 1st: 1AcadprojlCSC\Cs2526\LEGALS1346- 143 -07 TCE.doc 9.F7' � % — S02`16'46 "P' L XI "� I H [ C AP# 346 - 143 -07 1 (5. / if (SC2'16'46 ) "w) ��� � 1 /, , So2'16'46 "W 20.13' BASIS OF BEARINGS: — P•O• B./ No1'38'10 (RAD) THE BEARING OF LA PALMA AVE. • o N87'43'14"W 56.39' AND TUSTIN AVE. PER BK 11670 ; � q,�. 5 0 o PG 1296 O.R. O 0:• b y i LEGEND: w ii7 4'r`' o z �i co EX. . R/W LINE z rn NO2'16'46 "E 14.00' / ��� TOTAL TCE EASEMENT o v ci > M ASSESSOR PARCEL LINE U d• 10' N d ( ) REC. PER BK 11670 wtO 1 IN 3 N tg PG 1296 O.R.N ! . o !!n Ca O OQ ! p 01 a o M w o N co o AREA SUMMARY: a o (NI v Z o TCE = 3,073 S.F. ± Q' 3 i 000 ..-..-1 Z • om `t o° >- r_ W \,........._______4 l'`) c O N v) Z t N F U / Q / 53' ' Z a o °- .� / NOT TO SCALE Q z Q i _ ! F-- N z N --J A 1 ^ O O O Q_ 3 3 co a 0 0 1 of 1n w 3 a' 03 d M 10 cD a : O - CO N ! In - 3' Cc °; APB 346 - 132 -01 ;1' N� - . Z 1 1; r N D: N ! Z Z i O i ! to+ M NO2'17'30 "E col o i d 18.20' 1 • Z l ° c I col I zi T.P.O.B. X 001- LAND `f' . N89'09'34 "W 6.00' jr , / e flp M. 4A �, (0= 90'00'00° a d Rs25.00' \ ` I 1 � N86'53'48 "W RAD cxP g Aiz (L= 39.27') ' �1 N89'09'34 "W 12.0 * 5848 * 0 0 ' 06 ' 31 " R= 9885 ;r Q= 89'04'03" . 0 0 L- 18.73' �' 4. ^ R= 25.00' r. ' 3 f OF CikU0' cf• L=38.86' La •• 8 rs -4r CD C' CO ' O O TUSTIN AVE. {108.13'} —�) (JEFFERSON ST.) (NO2'16'46 "E) T KFM ENGINEERING, INC. TEMPORARY 17885 VO RVINEMVA 92614 SUITE 500 CONSTRUCTION EASEMENT 710/ / � / /f � - r' DRAWN: J.S. :: T.K. ..� DS. MAP R/W NO. SIGNATUItE pA7E DATE: 05/11 DATE: 05/11 EXHIBIT t LEGAL DESCRIPTION ACQ ZOO - DD3F3l APN 346- 132 -01 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 WEST OF THE SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, MORE PARTICULARLY DESCRIBED AS PARCEL 1 IN THE GRANT DEED RECORDED NOVEMBER 01, 2007 AS INSTRUMENT NUMBER 2007000664273 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID FRACTIONAL SECTION 4, DISTANT NORTH 02° 16' 30" EAST•971.50 FEET ALONG SAID WEST LINE FROM THE NORTHWEST CORNER OF LOT 4 OF SAID SECTION, SAID POINT BEING THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE CONTINUING ALONG SAID WEST LINE AND THE WESTERLY LINE OF SAID PARCEL 1 NORTH 02° 16' 30" EAST 240.21 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE LEAVING SAID WEST LINE AND ALONG THE NORTHERLY LINE OF SAID PARCEL 1 SOUTH 89° 09' 48" EAST 60.00 FEET TO THE EASTERLY RIGHT -OF -WAY OF TUSTIN AVENUE AS DESCRIBED IN THE EASEMENT DEEDS BOTH RECORDED MARCH 01, 1979 IN BOOK 13052, PAGE 1497 AND IN BOOK 13052, PAGE 1499, BOTH OF OFFICIAL RECORDS OF SAID COUNTY; THENCE CONTINUING ALONG SAID NORTHERLY • LINE SOUTH 89° 09' 48" EAST 12.02 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 9885.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF NON - TANGENT CURVE BEARS NORTH 86° 54' 09" WEST; THENCE LEAVING SAID NORTHERLY LINE AND SOUTHERLY 141.90 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 49' 21" TO A TANGENT LINE PARALLEL WITH AND 11.00 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY OF TUSTIN AVENUE AS DESCRIBED IN SAID EASEMENT DEEDS; THENCE ALONG SAID PARALLEL LINE SOUTH 02° 16' 30" WEST 99.24 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE LEAVING SAID PARALLEL LINE AND ALONG SAID SOUTHERLY LINE SOUTH 88° 27' 00" EAST 1.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 02° 16' 30" EAST 13.55'; THENCE SOUTH 87° 43' 30" EAST 7.00 FEET; THENCE NORTH 02° 16' 30" EAST 29.73 FEET; THENCE SOUTH 87° 43' 30" EAST 12.67 FEET; THENCE NORTH 02° 16' 30" EAST 8.03 FEET; THENCE NORTH 87° 43' 30" WEST 14.67 FEET; THENCE NORTH 02° 16' 30" EAST 47.91 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 9879.00 FEET; THENCE NORTHERLY 142.06 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 49' 26" TO SAID NORTHERLY LINE; THENCE ALONG SAID NORTHERLY LINE NORTH 89° 09' 48" WEST 6.00 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 N:1 AcadproACSCCCs2526 \LEGALS\346 -0I TCE.doc CONTAINING 1,557 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT ,G r A ATTACHED HERETO AND MADE A PART OF HEREOF. PREPARED BY ME OR UNDER MY DIRECTION THEODORE M. KRULL L.S. 5848 DATE REGISTRATION EXPIRES DECEMBER 31, 2012 5'ANkl, Libya- No. 5848 FOF.CALIF0 • • Page 2 of 2 N :tAcedproj\CSC1Cs25261LEGALS\346 -132 -01 TCE.doc EXHIBIT i6- /N LEGEND: AP# 346- 132 -01 - - - -- EX. R/W LINE _________i _ LA PALM A AVE. � � TOTAL TCE EASEMENT 111 ASSESSOR PARCEL LINE I "CO ( ) REC. PER R.S.B. 90/19 Cr) - 0.1 - o) .. [ ] REC. PER BK 13052 PG 1497 O.R. I o 0 0 0 & BK 13052 PG 1499 O.R. o� rn I ° D 0° 'O o AP# 346 - 143 -07 T•P•O.B•' I z N86'54'04 "W(RAD) 1 S89'09'48 "E - (589'09'48 "E) [60'] • N86'54'09 "W(RAD) N'LY LINE INST. NO. W 200700664273 O.R. f 0 0 r. Q I o a!/ ( I BASIS OF BEARINGS: N . d' / ' x -� ° N n J N ° ° THE BEARING OF THE CENTERLINE OF CN �� : -� ^ o� TUSTIN AVENUE PER R.S.B. 90/19. I-- � N O/ 000 a 1 1 a) o % oa, Cn 1 ^ ~00 °T/ IL AREA SUMMARY: M <1 7: w TCE = 1,557 SQ. FT.t =cc , woo t 1 A AP# 346 - 132 -01 A. b w INST. NO. 2007000664273 O.R. X2 [6('] /1 ; 1 N Li. ot °C5 1 y w ( a y ; / z N87.43'30 14.67' \N 20 3 NO2'16'30 "E 8.03' w a, o co / S87'43'30 "E 12.67' NO216'30 "E 29.73' w Z S'LY LINE INST. NO. '- I 587'43'30 "E 7.00' 200700664273 O.R. 1.- \ . NOT 13.55' I N P.O.B. (488•27'00"w} f-- w 03 W o 0 001. CAt L 2 ° g o AP 346 - 132 -02 , -'��� 0 O aRE • ' G '� I-- ,_,m z FXP , .� o ' * 1 40584$ zvWi 1 9 � �4• NORTH LINE ��FC 7 -- OF LOT 4 NOT TO SCALE -- . KFM ENGINEERING, INC. TEMPORARY 17885 VON KARMAN VA 92614 4 SUITE 500 IRVINE, CONSTRUCTION . EASEMENT E, VA 9261 DRAWN: JS CHKD: TK 0 DIS. MAP R/W NO. 9GNATURE DATE DATE: 02/11 DATE: 02/11