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RES-2012-039
RESOLUTION NO. 2012- 039 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 225 SOUTH IMPERIAL HIGHWAY FOR THE PURPOSES OF THE IMPERIAL HIGHWAY SAFETY ROUTES TO SCHOOL SIDEWALK WIDENING PROJECT (R/W ACQ 2011 - 00399) WHEREAS, the City of Anaheim has been investigating the acquisition of property located at 225 South Imperial Highway 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 May 8, 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 Imperial Highway Safe Routes To School Sidewalk Widening Project ("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, including the Notice of Exemption determining the project to be eligible for a Categorical Exemption in accordance with the California Environmental Quality Act (CEQA) for the Imperial Highway Safe Routes To School Sidewalk Widening Project approved March 10, 2011; 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 Imperial Highway Safe Routes to School Sidewalk Widening Project which consists of improving Imperial Highway, including installation of sidewalk, landscaping replacement, construction of retaining wall, median improvements and public utilities. The Location of the Project is depicted generally in the Circulation Element of the City of Anaheim General Plan Figure C -1 (Planned Roadway Network) dated May 25, 2004 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 225 South Imperial Highway (Assessor Parcel No. 363 - 060 -01). The Property the City seeks to acquire, and the Property interests sought, consist of the following: A. Street Easement Interest Title to Property consisting of approximately 2,424 square feet, as more specifically described in Exhibit "A" attached hereto, and depicted in Exhibit `B ". B. A Temporary Construction Easement Interest Title to Property consisting of approximately 3,142 square feet, as more specifically described in Exhibit "C" attached hereto, and depicted in Exhibit "D ". A temporary construction easement over approximately 3,142 square feet of Property, more specifically described in Exhibit "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 Exhibit "C ", approximately 3,142 square feet, and depicted in Exhibit "D" attached hereto, as deemed reasonably necessary for all purposes incidental to reconstructing Imperial Highway 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; construction of retaining wall; 2 landscaping; irrigation; utility; accommodation of private draining 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 to 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, 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 Imperial Highway 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 3 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 roadway improvements, landscaping replacement, sidewalk and median 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 /sidewalk 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 December 7, 2010, a supplemental sent on March 9, 2011, a revised offer sent on October 5, 2011, and an updated offer sent on April 10, 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 the Notice of Exemption determining the project to be eligible for a Categorical Exemption in accordance with the California Environmental Quality Act (CEQA), adequately reviewed and approved on March 10, 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 Notice of Exemption determining the project to be eligible for a Categorical Exemption in accordance with the California Environmental Quality Act (CEQA) 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 8 day of May, 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Gallaway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAY6R OF THE CITf OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF A AHEIM 89165.1/bmorley 5 Exhibit A eurrpratues, t+c , mos M u seal . sew loo mon, av 414'Q3o wt to eats pia • tN no 3120 L i I*1.:.lf.an 10- 1308 -20 (D) 1 0-07 -10 Revised 03 -13 -12 LEGAL DESCRIPTION RIGHT -OP -WAY ACQUISITION IMPERIAL HIGHWAY A.P. NO. 363-060-01 That portion of Lot 133 of Tract No. 7288, in the City of Anaheim, County of Orange, State of California, as shown on the Map filed in Book 287, Pages 18 to 25, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the Easterly line of said Lot 133 with a. line being parallel with and 229.29 feet Northerly of the centerline of Avenida Bernardo South as shown on said Tract No. 7288; thence along said Easterly line, the Southeasterly line and the Southerly line of said Lot 133, the following comets: South 00°00'00" West 18229 feet to the beginning of a curve concave Northwesterly having a radius of 22.00 feet, Southerly, Southwesterly and Westerly 34.56 feet along said curve through a central angle of 90°00'00" and North 90°00 West 15.94 feet; thence leaving said Southerly line North 44 °1514* East 35.02 feet to a line being parallel with and 13.50 feet Westerly of said Easterly line; thence along said parallel line North 00°00'00" East 45.21 fed; thence leaving last said parallel line North 45°00'00" East 3.54 feet to a line being pantile! with and 11.00 feet Westerly of said Easterly line; thence along last said parallel line North 00°00'00" East 40.50 feet; thence leaving last said parallel line North 45°00'00" East 2.12 feet to a line being parallel with and 9.50 fret Westerly of said Easterly line; thence along last said parallel line North 00°00 East 42.50 feet; thence leaving last said parallel line North 45°00'00" East 2.12 feet to a line being parallel with and 8.00 fed Westerly of said Easterly line ; thence along last said parallel line North 00°00'00" East 45.50 feet to first said parallel line; thence leaving last said parallel line along first said parallel line North 90°00'00" East 8.00 feet to the point of beginning. 00-1]011- 2WAnnt$460-0t- xwrptr11C LEGAL DESCRIPTION 104308 -20 (D) FIGHT-OF-WAY ACQUISITION 10 -07 -10 IMPERIAL HIGHWAY Revised A.P. NO, 363- 060-01 03 -13 -12 PAGE 2 Containing an area of 2,424 square feet (0.056 acres), more or less. Subject to covenants, conditions, reservations, restrictions, rights-of-way and casements, if any, of record. C p� akG 4- 41: 21. 1 % , ) ,_ /'� py / �'� ^ °t NO. 7090 O °' EXP. 12/31/201 7° 3ASO A KINNIE, PLS 7040 d , s 00-134 Oh11/.63460 01 -RWOrt is Exhibit B 1 Naom'oo' P.a�.a i Igh I a _ _1 tare i L TRACT J . 7'2.913 1 LI JL7 1 - 25 ! LOT 7 1 13 GI r --- --L..._ - r- -- 1 DATA: 1 tr LOT 0 "'"'". T 0 ( l ® xoovo`oce 4', Fr2r I .- ® N4501i100 .1.541 I Lor 2 Lor I I tat 1 1 ® Noovif oir 40.50' laser L _jo 61 ® *craft T 2 r2 w I ® NOO10O'OOE 42.50' N447S`r4'Lr O 35.02' "j ® N00 W'OOT 4550' —I ,.4 la In N9O170'G0 W 1504' t NsOTIOVO T (EAST) LAY LAVE LOT 13 f A VE IA INERVAREO 8000774 N 01 0,1L LApp _ ,_ ••■■• •• _.1 40 tire te NO.7090 2 TRACT 10. 7876 D9'. 12/31/2012 ' ° * * 1 #44. °F c14,00`‘` TRACT NO. INDICATES 28 At. 7/18 -2� REVISED 343/2012 ................... FILIFIT-ZOLIARS *Asa HISKONIIM NI& S.. 400, Irvine, CA DOM MOWN. itifaNWAY 40 Mans OW 00411115 Fox (949) me-31120 NSW a" WAY , � r+ oro MONO SY .�►� AO'0ZhN . .__.W.. t • 403 111•20,02. AF.. 8- ' all 10 „„, i300 ,.., 20 Sro»r y r 1O Vor\7 AIIiG Exhibit C NLITHOL ARS,. Pt' 2603 Muhl Drool I Soho 400 s hda.. CA92614. 230. NV na sus pion. 919.ne 5820 Fan • kMS sea 10- 1308 -20 (D) 08 -31 -11 Rcvieed 03 -13 -12 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT IMPERIAL HIGHWAY That portion of Lot 133 of Tract No. 7288, in the City of Anaheim, County of Orange, State of California, as shown on the Map filed in Book 287, Pages 18 to 25, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Commencing at the intersection of the Easterly line of said Lot 133 with a line being parallel with and 229.29 feet Northerly of the centerline of Avenida Bernardo South as • shown on said Tract No. 7288; thence along said Easterly line, the Southeasterly line and the Southerly line of said Lot 133, the following courses: South 00°00'00" West 18229 feet to the beginning of a curve concave Northwesterly having a radius of 22.00 feet, Southerly, Southwesterly and Westerly 34.56 feet along said curve through a central angle of 90°00'00" and North 90°00'00" West 15.94 fleet to the TRUE POINT OF BEGINNING; thence leaving said Southerly line North 44 °15'14" East 35.02 feet to a line being parallel with and 13.50 feet Westerly of said Easterly line; thence along said parallel line North 00°00'00" East 45.21 feet; thence leaving last said parallel line Nat* 45°00'00" East 3.54 feet to a line being parallel with and 11.00 feet Westerly of said Easterly line; thence along last said parallel line North 00°00'00" East 40.50 feet; thence leaving lost said parallel line North 45 °00'00" East 2.12 foot to a line being parallel with and 9.50 feet Westerly of said Easterly line; thence along last said parallel line North 00°00'00" Bast 42.50 feet; thence leaving but said parallel line North 45°00'00" Bast 2.12 feet to aline being parallel with and 8.00 feet Westerly of said Easterly line; thence along last said parallel line Borth 00°00'00" Bast 45.50 feet to first said parallel line; thence leaving last said parallel line along fast said parallel line North 90°00'00" East 8.00 feet to said Point of Commencement; thence leaving first said parallel line along said Easterly line North 00°00'00" East 35.63 feet; thence leaving said Easterly line South 90 0 00'00" West 18.00 feet to the Northerly prolongation of a line being parallel with and 1.00 foot Easterly of the Easterly line of Lots 7 and 8 of said Tract No. 7288; thence along said Northerly prolongation and last said parallel line South 00°00'00" West 102.21 feet to the Easterly prolongation of a line being parallel with and 1.00 foot Southerly of the Southerly line of said Lot 7; the ace leaving last said parallel line along said Easterly prolonplion and last said parallel line South 90°00'00" West 5.00 feet to the Northerly prolongation of a line being parallel with and 1.00 foot Easterly of the Easterly line of Lot 1 of said Tract No. 7288; thence leaving last said parallel line along said Nmthedy prolongation and last said parallel line South 00°00'00" West 98.34 feet to the Easterly prolongation of a line being parallel with and 1.00 foot Southerly of the Southerly line of said Lot 1; thence leaving last said parallel line along said Easterly prolongation and lest EXHIBIT "A" 10- 1308 -20 (D) LEGAL DESCRIPTION 08 -31 -11 TB1, ORARY CONSTRUCTION EAStE,MENT Revised JMPERIAL HIGHWAY 03 -13 -12 PAGE 2 said parallel line South 90°00'00" West 16.83 feet; dame leaving last said parallel line South 00°00'00" West 39.37 feet to said Southerly line; thence along Raid Southerly line North 90°00'00" East 1.89 feet to the TRUE POINT OF BEGINNING. Containing an area of 3,142 square feet (0. 0.072 acres), more ar lean. All as shown on Exhibit "B" attached hereto slid by this reference made a part hereof. Subject to covenants, conditions,, reservations, restrictions, rights -of -way and easements, if any, of record. �Pl LRfy i.rG °.• EXP. 12/31/2012 IA S L. GARVIN, PLS 6343 'rf Op catocA4 Exhibit D NIOVO'00'E moo' - mu. LOT � � ; i ` 48' 4 , I LOT 0 w ts I ` t > , l .11C _ i TRACT JM2 7288 LN - r , C LY E LOTS T `AND 6 ■ i 13 28 , A4 7' ,/ 19 - 2i5 I 1 1 07. r' µ _ t a NOOTW O"E SOO' i - ' - �` St LINE s LOr Ft' COIRSE DATA: Ll I '9 it° >- 0 ib �o" R ■22OO' I LOT 0 Lol 0 I' 4 J 14,142 go Q MOOtiO�JO1�2r SQ. Fl. a r , � bO J.54' I CLY LANE © NOTO1t LOT1 - NOO'OObO"r 4a50' 1 LOT 2 I LOT 1 P ® � a 1 '� a ® N45120 OOT zit (_ t ill Q NOOK 4250 IVaO i _ � ` . 05' .1. c *M?W'rrr0� 4'30' .5 S tINE tort [ ( 1 © : 0?" ''o isi six LINE LOT 133 a NOODO'OO'W 1a94' 1 Neavo oot Asr) � 0 0- R L a "—€ AVE A 6 gRDDO SOUTH a or /2rn2 '° TRACT .Nri, 7876 `` x # 'PI:* it u4irt **‘* 0_04X) INDICATES RECORD DATA PER REWSED 5113/2012 TRACT NO. 7284 ALM. 287/18-25 1-1UITT-ZIDLIAIIS SKETCH 70 ACCaUPANY " r-40" Leos INN er. 400, k-*., °r as Pharr 014100111-0110 Fox 0410 0SS-0 y Friar ,OWor�r ar TS 4 Y t • e :G- " 0,- l3 -tor2. CONSTRIICTION 6S '" ta f0-4304-20 a \10130,920 d 011C \EXATX62MIZtalate