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RES-2012-026 RESOLUTION NO. 2012- 026 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1011 NORTH TUSTIN AVENUE FOR THE PURPOSES OF THE TUSTIN AVENUE AND LA PALMA AVENUE IMPROVEMENT PROJECT (R/W ACQ 2010 - 00379). WHEREAS, the City of Anaheim has been investigating the acquisition of a portion of property located at 1011 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 March 20, 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 1011 North Tustin Avenue, (Assessor Parcel No. 345 - 181 -24). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A permanent wall access and maintenance easement for construction, wall access and maintenance purposes title to approximately 3,418 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 12,936 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 ", approximatelyl2,936 square feet, and depicted in Exhibits "D" 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 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 differences 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 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 two (2) months after notice of the initiation of the temporary construction easement, the temporary construction easement area shall be restored to a condition that is a 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. C. A temporary access easement over approximately 7,618 square feet of property more specifically described in Exhibits "E" attached hereto. The temporary access easement shall consist of the interests described below: The temporary access easement is a nonexclusive easement which permits City of Anaheim, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary access easement area more specifically described in the legal description, attached as Exhibits "E ", approximately 7,618 square feet, and depicted in Exhibits "F" attached hereto, as deemed reasonably necessary for all purposes incidental to reconstruction and widening Tustin Avenue and La Palma Avenue in accordance with the approved street construction on the Project. The temporary access easement shall include the right to enter and exit property -3- through a temporary access easement area for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. The temporary access 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 or property of which the temporary access easement area is a part, nor exercise the uses of the easement outside of the temporary access easement area. In connection with the exercise of the temporary access easement rights hereunder, City shall protect all structures on the temporary access 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 access easement is no longer needed by the City or two (2) months after notice of the initiation of the temporary access easement, whichever is earlier. Upon termination of the temporary access easement, the temporary access easement area shall be restored to a condition that is as functioning 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 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. -4- 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 April 25, 2011 and January 25, 2012. 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. -5- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20 day of March 2012, by the following roll -call vote: AYES: Council Members Galloway, Sidhu, Eastman and Murray NOES: None ABSTAIN: Mayor Tait ABSENT: None CITY AHEI . //� MA OR O F THE ITY OF ANAHEIM ATTES r IA A A // _ fitillta CITY CLERK OF THE CITY OF • NAHEIM 87919.1/bmorley -6- EXHIBIT A LEGAL DESCRIPTION ACQ ZD /O - DD379 APN 345 - 181 -24 WALL EASEMENT THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 99 -129, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN BOOK 316, PAGES 7 THROUGH 11, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET WIDE, THE SOUTHEASTERLY LINE OF SAID STRIP DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS " N 60° 26' 02" E 3533' " IN THE SOUTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING TWO COURSES: NORTH 60° 26' 02" EAST 35.33 FEET; THENCE NORTH 14° 38' 28" EAST 310.69 FEET TO THE TERMINUS OF SAID SOUTHEASTERLY LINE OF 15.00 FOOT WIDE STRIP. CONTAINING 3,418 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 ►"-." o (4 7 c ony 41 :11 . 'c Y O Exvl \* No.5848 * • 4f> `r F�P CAU��¢� Page 1 of 1 N: OAI.S1345 -18121 WALL,.doc EXHIBIT B r AP# 345 - 181 -24 I 1 SE'LY LINE PCL. 2 / P.M.8.316 /7 -II y NOT TO SCALE r I r -' r I /= r Q r t. PCL. 2 h 0) P.M.No. 99-129 - zl P.M.8.315/7 -1 1 • i AP# 345 - 181 -24 ,Di , , 1 co Q LEGEND: P , ' p 1 - - - - EX. R/W LINE m , o I/W /7� TOTAL WALL EASEMENT v- , 2 ASSESSOR PARCEL LINE I 1 REC. PER P.M.No. 99 -129 1 P.M.B. 316/7 -11 ' AREA SUMMARY: WALL EASMENT s 3,418 SO. FT. t , BASIS OF BEARINGS: SLY LINE PCL. 2 ' THE CENTERLINE OF TUSTIN AVENUE PER i3. :/ ( P.M.8.316/7 -I1 PARCEL MAP NO. 99 -129 P.M.B. 316 / 7-0 `x` BEING N 13 E •E f ��3 \`N60 S ' AL I AND -, IN 84 47' 53 "El �3 o �� pRE M �y _� -.d. {308.03'1 14 �. IP P.O.B. RIVERSIDE FREEWAY t* ND.5848 ROUTE 91 tr�, �- 9 lF OF CALVZ$ KFM ENGINEERING, INC. 17885 VON KARMAN AVE. SUITE 500 WALL EASEMENT IR VINE. V A 92614 DRAWN: JS CHKD: TK I4�Zp /D DD37 ' r Z/ Dm. MAP R/W NO. SIGNATURE DATE DATE: 02/11 DATE: 02/11 EXHIBIT C LEGAL DESCRIPTION ACQ Z - 1'379 APN 345 - 181 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 99 -129, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN BOOK 316, PAGES 7 THROUGH 11, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS NORTH 11° 14' 34" EAST 7.36 FEET FROM THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE EASTERLY LINE OF SAID PARCEL 2 SHOWN AS "N 11° 14' 34" E 197.03' "; THENCE ALONG SAID EASTERLY LINE AND THE SOUTHERLY LINE OF SAID PARCEL 2 THE FOLLOWING FOUR COURSES; THENCE SOUTH 11° 14' 34" WEST 7.36 FEET; THENCE SOUTH 14° 38' 28" WEST 318.24 FEET; .THENCE SOUTH 60° 26' 02" WEST 35.33 FEET; THENCE SOUTH 84° 47' 53" WEST 15.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 05° 12' 07" WEST 17.63 FEET; THENCE NORTH 19° 19' 53" EAST 10.81 FEET; THENCE NORTH 84° 43' 44" EAST 6.95 FEET; THENCE NORTH 14° 54' 18" EAST 325.59 FEET: THENCE SOUTH 75° 21' 32" EAST 36.06 FEET TO THE POINT OF BEGINNING. CONTAINING 12,936 SQUARE FEET, MORE OR LESS. .ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT D "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 0- LAND," y OR 41 40,7 g * No. 5848 weie Page 1 of 1 N:Mcedproj\CSC Cs252b1LEGALS1343 -1 Bi?h TCE.doc EXHIBIT D SHEET 1 OF 1 AP# 345-181-24 , l ;� LEGEND: ! ,° — — — — EX. R/W LINE P.M.No. EASTERLY 99 -129 L 2�! TOTAL TCE EASEMENT :���� 72: P.M.B. .316 / 7 -11 ! A ASSESSOR PARCEL LINE N7,5 ASSESSOR r' ( 1 REC. PER P.M.No. 99 -129 I AREA SUMMARY: � P.M.B. 316/7.11 I ; P.O .B. N OT TO SCALE �f ' r 1 � TCE = 12.936 SO. FT. e • 7.' ! BASIS OF BEARINGS: I f THE CENTERLINE OF TUSTIN AVENUE PER ' PARCEL MAP NO. 99 -129 P.M.B. 316 / 7.11 - BEING N 13'57'34" E A ti/ 4 k .P.M.No. 99-129 P.M.B.316/7 -1 1 t • PCL. 2 h 1 • N AP# 345-181-24 ' v. / v. h P / 2 eo ., 4 .. r. '1 r N84 43'44 E 11 6.95=. _ ! r ,� • SOUTHERLY UNE PCL 2 N1979'53 "E 10.81' --z -. ,�� La� 6 1 P.N.NO. 99 -129 >• ; -- ' .p .0 �, ORE M PA 316 / 7 -11 140512'07"W 17.6r-r:. _l�� t p 4 1� ∎ 15.00' - -- - - 4 t4h V - 048" - E 3p8.037 * MI IDE FREEWAY • ROUTE 91 %or ii 17 8 VON K M AVE. ENGINEERING, I 0 TEMPORARY CONSTRUCTION EASEMENT IRVINE, 92614 �J�//J2I�°/w�"7 q /x ,Awn: JS CHID: TIC /•/V/ i� r CIS. AiAP R/W N0. !�'I1L.�I StONA DATE DATE: 02/12 DATE. 02/12 EXHIBIT E LEGAL DESCRIPTION ACQ 7.,ND 2 37,E APN 345 - 181 -24 TEMPORARY ACCESS EASEMENT THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 99 -129, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN BOOK 316, PAGES 7 THROUGH 11, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS " N 09° 58' 31" E 37.32' " IN THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID CERTAIN COURSE AND ITS SOUTHWESTERLY PROLONGATION SOUTH 09° 58' 31" WEST 69.11 FEET; THENCE SOUTH 15° 06' 46" WEST 259.91 FEET TO THE BEGINNING OF A CURVE CONCAVE TO . THE NORTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY 39.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 08' 41"; THENCE SOUTH 75° 01' 55" EAST 233.05 FEET; THENCE SOUTH 14° 58' 05" WEST 12.00 FEET TO A LINE PARALLEL WITH AND 12.00 FEET SOUTHWESTERLY OF THE HEREINABOVE DESCRIBED COURSE OF "SOUTH 75° 01' 55" EAST 233.05 FEET'; THENCE ALONG SAID PARALLEL LINE NORTH 75° 01' 55" WEST 270.14 FEET TO A LINE PARALLEL WITH AND 12.00 FEET NORTHWESTERLY OF THE HEREINABOVE DESCRIBED COURSE OF "SOUTH 15° 06' 46" WEST 259.91 FEET"; THENCE ALONG SAID PARALLEL LINE NORTH 15° 06' 46" EAST 296.46 FEET TO A LINE PARALLEL WITH AND 12.00 FEET NORTHWESTERLY OF THE HEREINABOVE DESCRIBED COURSE OF "SOUTH 09° 58' 31" WEST 69.11 FEET"; THENCE ALONG SAID PARALLEL LINE NORTH 09° 58' 3I" EAST 68.57 FEET TO SAID NORTHERLY LINE; THENCE LEAVING SAID PARALLEL LINE AND ALONG SAID NORTHERLY LINE SOUTH 80° 01' 29" EAST 12.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,618 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "P HERETO AND MADE A PART OF HEREOF. SUBJECT TO TH COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD. 1-4D . c pORE PREPARED BY ME OR UNDER MY DIRECTION y �, * No.5848 -X 2- /6 ') z' THEODO M. KRULL L.S. 5848 DATE •• CA REGISTRATION EXPIRES DECEMBER 31, 2012 Page 1 of 1 N: tiA°edprojlCSaCs2526V..EGALSl345- 181 -24 TAE.doc EXHIBIT r LEGEND: SHEET I OF I AP# 345 - 181 -24 - -.- EX. R/W LINE - -_ 080nl�g - = TOTAL ACCESS EASEMENT 14 39),'- I,- '- !2'OD` P.O.B. ASSESSOR PARCEL LINE PCL. 1 } REC. PER P.M.ND. 99 -129 � • ., I �:. • P.M.B. 316/7 -11 � .� lN°s3iF AREA SUMMARY: CV !At ' / r373 ACCESS EASMENT = 7,618 SQ. FT. a Q. 1 ( " 8 °0179'1 y , ?5 BASIS OF BEARINGS: v `�i ; �ai •" 501 -` THE CENTERLINE OF TUSTIN AVENUE PER � ``�° 1� ; PARCEL MAP NO. 99 -129 P.M.H. 316 / 7.11 ' BEING N 13`57'34' E r cz, e O m / ; NORTHER Y LINE PCL. 2 .., = v . P.M.No. 99 -129 444 RI / P.M.B. 316 / 7 -11 ..V / sv PCL. d y P.M.No. 99-1 29 074,36% „ ' S 6t 1 / POI 1 - - , 40 / ,� 1 z/ P.M.B.315/7 -1 1 1 / t. PCL. 2 / NOT TO SCALE /200. 1 AP* 345- 181-24 1 1 it , ! , ` IF90T1@%ti" --- ,•R=25.00. 12 1, -- L39.3.3' I 1 - 1 N / 5 b1 y , . 1 2 1‘; 1 /r /sb 15 5 .� � .� /'� k � � 4 'SF 27 04• / / 1 P �� r '��� /,rm 1 / N c,`` .,47`,/ 4 419 Net 5848 * * n , , . Or Var.'s- 1 ( 17 85� VO ENGINEERING, K M AVE. I TN50 0 TEMPORARY ACCESS EASEMENT IRVINE VA 92614 DRAINµ JS csKo: TK MAP /0 2i#511* . _ R,w ► o. ie%✓ 4 Df49 - 379 SIGNATURE DATE DATE: 02/12 DATE: 02/12 .