Loading...
2001-230RESOLUTION NO. 2001R- 230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS ON PROPERTY LOCATED AT 927 AND 937 SOUTH EUCLID, AND 1711 WEST BALL ROAD, FOR THE PURPOSES OF ACCOMMODATING A ROADWAY IMPROVEMENT PROJECT WHEREAS, the City of Anaheim has been investigating the acquisition of various interests in property, consisting of temporary construction easements, on property located at 927 and 937 South Euclid, and 1711 West Ball Road, for the purposes of relocating existing structures in presently proposed right of way for construction of a roadway improvement project; and WHEREAS, on August 28, 2001, after no less than fifteen (15) days written notice to the owners of the Property referenced above, and more specifically described in the legal descriptions attached hereto, which legal descriptions are incorporated herein by reference, the City Council of the City of Anaheim held a hearing for the purpose of allowing the record owners of such Property reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity required 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 to acquire the property interests considered herein; 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 interests in property described herein ( "Property ") for the purposes of accommodating the Ball Road/Euclid Street Intersection from 200 meters west of Euclid to UPRR on Ball Road and from 200 meters north of Ball Road to Palm Lane on Euclid Street ( "Project'); and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Environmental Impact Report No. 311 ( "Anaheim Resort Specific Plan EIR "), for the 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 as follows: SECTION I . The Project for which the Property is sought to be acquired is the Ball Road/Euclid Street Intersection from 200 meters west of Euclid to UPRR on Ball Road and from 200 meters north of Ball Road to Palm Lane on Euclid Street, otherwise defined as the "Project' herein. The Project consists of street widening and improvement, including installation of street landscaping and public utilities. SECTION II. The Property to be acquired is located within the City of Anaheim, County of Orange, State of California, and is located at 927 South Euclid Street, 937 South Euclid Street, and 1711 West Ball Road, all on Orange County Assessor Parcel No. 128- 264-12. The Property the City seeks to acquire herein consists of the following: A. A nonexclusive, transferable temporary construction easement over approximately 1685 square feet of property, more specifically described in the legal descriptions attached hereto as Exhibit "A," and depicted in the legal description attached hereto as Exhibit `B," for the purposes of modifying, reconstructing, relocating, repairing, or otherwise reconfiguring existing structural improvements, for the propose of clearing rights of way required for the Project. The temporary construction easement permits the City of Anaheim, its officers, agents, employees, and contractors, and any transferee of the easement rights acquired hereunder, to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the legal descriptions attached hereto as Exhibit "A," as reasonably necessary for all purposes incidental to modifying, reconstructing, relocating, repairing, or otherwise reconfiguring existing structural improvements for the purposes of clearing rights of way for the Project. The temporary construction easement includes the right to perform any necessary excavation, grading, earth fill, compaction, installation of concrete forms, landscaping, irrigation, utility, sign relocation, accommodation of private drainage facilities, deposit of tools, equipment, and material for all such necessary activities reasonably incidental to the work being performed. The rights granted hereunder shall commence immediately upon written notification to the property owner, and shall continue in full force and effect until written notice to the owner of record that the temporary construction easement is no longer needed, or six (6) months after the notice of the initiation of the temporary construction easement, whichever is earlier. -2- SECTION III. The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, call for improvement of Ball Road and Euclid Street in the manner contemplated by the Project. The Project is designed to relieve regional traffic congestion and improve the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the streets. SECTION IV. The Project is located in a manner most compatible with the greatest public good and the 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 by the need to move existing structures within the planned right of way for the Project, and that right of way is necessitated and established by the street alignment, in an effort to minimize any disproportionate burden of impact of the required property being taken from any individual property owner. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening, undergrounding of utilities, upgrading of landscaping, and drainage improvements, which will enhance the utility of the area and improve traffic circulation. SECTION V. The Property is necessary for the proposed project, in that temporary construction easements are necessary for the reconfiguration of improvements within the existing, planned right of way for the Project, in order to prevent the permanent displacement of existing occupants of the structures which the temporary construction easements acquired herein surround. SECTION VI. The offer required by Government Code § 7267.2 has been made to the record owners. 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 the City is authorized to acquire the Property pursuant to Code of Civil Procedure §§ 1240.510 and 1240.610. SECTION VIII. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impact Report No. 311. 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 alternatives which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the Environmental Impact Report, such that no further environmental review attending this proposed acquisition is necessary. SECTION IX. The law firm of Rutan & Tucker, LLP, special counsel for the City of Anaheim, and the City Attorney are hereby authorized to prepare and prosecute in the name of the City, such special proceedings in the proper court having jurisdiction thereof, as are necessary for acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such -3- attorneys to acquire the Property for the City. Such attorneys are specifically authorized to take whatever steps and /or procedures are available to them Linder 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 28nd day of August, 2001. t ' 0� - D Pfrk) MAYOR OF THIrCITY OF Ad AHEIM ATTEST: ITIM I ON 11111 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R -230 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of August, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL)