RES-2013-006 RESOLUTION NO. 2013- 006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 1810 SOUTH STATE COLLEGE BOULEVARD /
2020 EAST KATELLA AVENUE FOR THE PURPOSES OF THE
KATELLA AVENUE IMPROVEMENT PROJECT 1 A (R/W ACQ
2011 - 00413).
WHEREAS, the City of Anaheim has been investigating the acquisition of a portion of
property located at 1810 South State College Boulevard / 2020 East Katella 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 15, 2013, 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 Katella Avenue Improvement Project 1A. — State College
Boulevard to Lewis Street (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 ") by previously - certified Environmental Impact
Report No. 339 prepared for the revised Platinum Triangle Expansion Project for the Katella
Avenue Improvement Project I — State College Boulevard to Lewis Street; 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 Katella Avenue
Improvement Project 1 A — State College Boulevard to Lewis Street which consists of the widening
and improving of Katella Avenue and State College Boulevard, including installation of street
landscaping and public utilities. The Location of the Project is depicted generally in the project
precise alignment dated May 8, 2012 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 1810 South State
College Boulevard / 2020 East Katella Avenue, (Assessor Parcel No. 232 - 021 -01 and 232 - 021 -04).
The portions of Property the City seeks to acquire, and the Property interests sought, consist of the
following:
A. A permanent roadway easement for street and public utility purposes, as more
specifically described in Exhibit "A" and depicted in Exhibit `B" attached
hereto.
B. A temporary construction easement over approximately 2,975 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 2,975 square feet, and depicted in Exhibits "D" attached
hereto, as deemed reasonably necessary for all purposes incidental to
reconstructing and widening Katella Avenue and State College Boulevard 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
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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 twelve (12) 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.
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
Katella Avenue and State College Boulevard 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
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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 March 20, 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 ") by previously - certified Environmental Impact Report No. 339 prepared for the revised
Platinum Triangle Expansion Project, 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
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deem appropriate.
(Remainder of page intentionally left blank; signatures on next page)
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim this 15` day of January, 2013, by the following roll -call vote:
AYES: Mayor Tait, Council Members Eastman, Brandman, Kring, Murray
NOES: None
ABSTAIN: None
ABSENT: None
CITY AHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF NAHEIM
87919.1/bmorley
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EXHIBIT "A"
EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES
A.P. NO. 232-021-01, 04
ACQUISITION NO. 2011-00413
THAT PORTION OF LOT 5 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 10, PAGE 22 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS " S 00° 08' 00" E, 112.94 FEET " IN THE CORPORATION EASEMENT
DEED TO THE CITY OF ANAHEIM RECORDED JUNE 05, 1987 AS INSTRUMENT NO.
87- 318205 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE
EASTERLY, SOUTHEASTERLY AND SOUTHERLY LINE OF SAID CORPORATION
EASEMENT DEED THE FOLLOWING THREE COURSES: NORTH 00° 08' 00" WEST
112.94 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST
HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY, NORTHEASTERLY AND
EASTERLY 39.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°
08' 07 "; THENCE SOUTH 89° 59' 53" EAST 3.89 FEET; THENCE LEAVING SAID
SOUTHERLY LINE SOUTH 47° 03' 57" WEST 31.28 FEET TO A LINE PARALLEL WITH
AND 6.00 EAST OF SAID CERTAIN COURSE; THENCE ALONG SAID PARALLEL LINE
SOUTH 00° 08' 00" EAST 116.69 FEET TO THE NORTHERLY LINE OF TRACT NO. 16825
AS PER MAP FILED IN BOOK 885, PAGES 8 AND 9, OF MISCELLANEOUS MAPS
RECORDS OF SAID COUNTY; THENCE LEAVING SAID PARALLEL LINE AND ALONG
SAID NORTHERLY LINE NORTH 89° 59' 53" WEST 6.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 937 SQUARE FEET, 0.022 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND
MADE A PART HEREOF.
THEODORE M. KRULL, LS 5848, EXP. 12/31/12 DATE „44.
G t
! a Exp. ' f r 73i
N0.5848
EXHIBIT "B"
EASEMENT FOR STREETAND PUBLIC UTILITY PURPOSES
A.P. NO. 232 -021 -01, 04
ACQUISITION NO. 2011 -00413
r STATE COLLEGE BLVD.
i - - - <N00'08'00 "W 210.00'> - -
12' EASEMENT FOR
<N89'59'53 "W 53.00'> ROAD AND PUBLIC
UTILITY PURPOSES
PER INST. NO.
P.O.B. 87- 318205 O.R. 1
N89'59'53 "W 12.00' - —
S00'08'00 "E 112.94' �`. R= 25.00'
N8 'W 6.00'
6=90
L= 39.33'
N'LY LINE OF N00'08'00" W 1 16.69' 1 T= 25.06' 1
TRACT NO. 16825 1 M.M. 885/8- 9- -- `'‘ N47'03'57 "E 31.28' 1
w
BASIS OF BEARING N89'59'53 "W 3.89' z
THE BASIS OF BEARINGS IS n
THE CENTERLINE OF STATE LOT ° Q 1 3
C BLVD N00'08 0o W POR. LO 5 1
PER P.M.B. 50/12 RECORDS
TRACT No. 71 M I g n
OF ORANGE COUNTY M.M. 10/22 !n t w °;
LEGEND A.P. 232 - 021 -01 1' Z
co l 0
INDICATES LIMITS OF z'i 60'
W EASEMENT FOR STREET _ : '
AND UTILITY PURPOSES i 12' EASEMENT FOR
(937 SF) � �i y� ROAD AND PUBLIC
< > - INDICATES RECORD PER / UTILITY PURPOSES
a 1/ 1.-) PER INST. NO.
P.M.B. 50/12 / • o
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• 8 INST. NO. 87- 318205 O.R. /' a- - -
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EASEMENT FOR PUBLIC UTILITY r - ' - `n ' �' ' r ` G
P URPOSES PER INST. NO. i l a Exp. )•I
it" 87 -69261 O.R. 1 _ i ' A rn o f. No. 5848 * /.
s _ PARCEL 1 Z tP 'gl �`�
SCALE: 1"= P.M.B. 50/1 � OFCgt \E° t�
z 1
0 25 50 75 A . P . 232-021-04
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g W SCALE " = 5 0' ,
V x SKETCH TO ACCOMPANY
reuzrr 320 MAIN STREET
• � DRAW BY o A LEGAL DESCRIPTION EG /J0
onsulting SEAL BEACH, CA 90740
rOUp 714656-0160 STATE COLLEGE BLVD CHECKED BY TMK
APPROVED B' A.P. NO. 232-021-01, 04 DATE 06-24-2011
3 h ),17 � / '7 '121/ ACQ. NO. 2011-00413 JOB NO. 100.009
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EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 232-021-01, 04
ACQUISITION NO. 2011-00413
THAT PORTION OF LOT 5 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 10, PAGE 22 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY TOGETHER WITH THAT PORTION OF PARCEL 1, IN SAID CITY, COUNTY
AND STATE, AS PER MAP FILED IN BOOK 50, PAGE 12 OF PARCEL MAPS, RECORDS
OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS " S 0° 08' 00" E, 112.94 FEET " IN THE CORPORATION EASEMENT
DEED TO THE CITY OF ANAHEIM RECORDED .TUNE 05, 1987 AS INSTRUMENT NO.
87- 318205 OF OFFICIAL RECORDS OF SAID COUNTY, SAID SOUTHERLY TERMINUS
ALSO BEING A POINT IN THE NORTHERLY LINE OF TRACT NO. 16825 AS PER MAP
FILED IN BOOK 885, PAGES 8 AND 9 OF SAID MISCELLANEOUS RECORDS; THENCE
ALONG SAID NORTHERLY LINE SOUTH 89° 59' 53" EAST 6.00 FEET TO A LINE
PARALLEL WITH AND 71.00 FEET EAST OF THE CENTERLINE OF STATE COLLEGE
BOULEVARD AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE AND ALONG SAID PARALLEL LINE NORTH 00° 08' 00" WEST
1 16.69 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 47° 03' 57" EAST 31.28
FEET TO THE SOUTHERLY LINE OF SAID CORPORATION EASEMENT DEED;
THENCE ALONG SAID SOUTHERLY LINE AND THE SOUTHERLY LINE OF THE
LAND DESCRIBED IN THE EASEMENT DEED TO THE CITY OF ANAHEIM
RECORDED JUNE 24, 1987 AS INSTRUMENT NO. 87- 358895 OF SAID OFFICIAL
RECORDS SOUTH 89° 59' 53" EAST 236.05 FEET TO THE EASTERLY LINE OF SAID
PARCEL 1; THENCE ALONG SAID EASTERLY LINE SOUTH. 00° 08' 00" EAST 15.00
FEET TO A LINE PARALLEL WITH AND 87.00 FEET SOUTH OF THE CENTERLINE OF
KATELLA AVENUE; THENCE ALONG SAID PARALLEL LINE NORTH 89° 59' 53"
WEST 49.40 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 00° 00' 07" EAST
10.00 FEET TO A LINE PARALLEL WITH AND 77.00 FEET SOUTH OF SAID
CENTERLINE OF KATELLA AVENUE; THENCE ALONG SAID PARALLEL LINE
NORTH 89° 59' 53" WEST 178.84 FEET; THENCE LEAVING SAID PARALLEL LINE
SOUTH 47° 03' 57" WEST 36.50 FEET TO A LINE PARALLEL WITH AND 75.00 FEET
EAST OF THE CENTERLINE OF STATE COLLEGE BOULEVARD; THENCE ALONG
SAID PARALLEL LINE SOUTH 00° 08' 00" EAST 56.76 FEET; THENCE LEAVING SAID
PARALLEL LINE NORTH 89° 52' 00" EAST 11.00 FEET TO A LINE PARALLEL WITH
AND 86.00 FEET EAST OF SAID CENTERLINE OF STATE COLLEGE BOULEVARD;
THENCE ALONG SAID PARALLEL LINE SOUTH 00° 08' 00" EAST 51.40 FEET TO SAID
NORTHERLY LINE OF TRACT NO. 16825; THENCE LEAVING SAID PARALLEL LINE
AND ALONG SAID NORTHERLY LINE NORTH 89° 59' 53" WEST 15.00 FEET TO THE
TRUE POINT OF BEGINNING.
Page 1 of 2
CONTAINING 2,975 SQUARE FEET, 0.068 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "D" ATTACHED HERETO AND
MADE A PART HEREOF.
THEODORE M. KRULL, LS 5848, EXP. 12/31/12 DATE
,/ Sr 0
r =
:1 )
1/2%* Na 5340
' OF CALWe
Page2of2
e
EXHIBIT "0"
TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 232 - 021 -01, 04
ACQUISITION NO. 2011 -00413
STATE COLLEGE BLVD.
- - N00 00"W 210.00' - ---,
12' EASEMENT FOR
ROAD AND PUBLIC
N89'59'53 "0/ 65.00' 500'08 "E 2 UTILITY PURPOSES F .'
°� 1 12.94' ` PER iN5T. N0. W
BASIS OF BEARING o 87- 318205 O.R. D z
THE BASIS OF BEARINGS IS °' - T_P. - - - - - - - - - -.
THE CENTERLINE OF STATE O N00'08'00 'W 116 69' \ >
COLLEGE BLVD N00'08'00 'W ��t'■i■i[ ■ 0 <
PER P.M.B. 50/12 RECORDS / /i rA N 1 OF ORANGE COUNTY � � '
4
® BEARING LENGTH 0 0 O , _ 2 1
1 S89'59'53 "E 6.00' N r °' '
2 N47'03'57 "E 31.28' 2 rn '
O ° 1-
., ' LL 1 POR. LOT 5
3 SOa'a800 E 15.00' o \ TRACT No . 71 ``' l °•
4 N89 53"W 49.40' w O , to i c.
zzco in 1 �
M.M. 10/22 �
5 N00'00'07 "E 10.00' _1 co a�
1- A.P. 232 -021 -01 , ;n tn • 6 N89'S9'S3 'W 178.84' J ¢ .
7 S47'03'57 36.50' : 77.00' to
s 8 sao'oa'oo"E 56.76' z ~ AREA =2,975 SQ. F T . - '173)
9 N89 “E 11.00' -;' 60' .1 Z
10 S00'08'00 "E 51.40' PARCEL 1 '
11 N89'59'53"W 15.00' P.M.B. 50/12 12' EASEMENT
A.P. 232- 021 -04 ^;,,- FOR ROAD AND
LEGEND a PUBLIC UTILITY
4 . 1 PURPOSES PER
- ) INST. NO.
a 1'7771 - INDICATES LIMITS 5 "
- • ; 87- 358895 O.R
OF TEMPORARY !� 1 I
AVA ' 6 \. CONSTRUCTION 0 r
� di
0 , ' ; MF G. % EASEMENT a, I
G o`... (2,975 SF) /.
1 , Exp./24 Z 73 0 � '
7,3 s * 1 * E'LY LINE it v ' i 1 87
(1), fd :t PARCEL 1 1 5 � '
9 'E 0 P.MB. 50/12
SCALE: 1 "- 50'
9 0 0 25 50 75
:i SCALE 1" = 50'
o user N
32O MNSTREET S KETCH TO ACCOMPANY
- i onsuiting UNIT Co A LEGAL DESCRIPTION DRAIN BY EG /J0
SEAL REACH, CA 90740 TEMPORARY CONSTRUCTION CHECKED Err ° o r rou 714656-016 TAW
APPROVED 8 r EASEMENT DATE 17-22-2011
A.P. NO. 232-021-0t 04
� z .7" f /I-2,- /) ACQ. NO. 2011-00413 J° 100.009