RES-2013-080RESOLUTION NO. 2013- 080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING PRIOR RESOLUTION NO. 2012 -004
RELATING TO PROPERTY LOCATED AT 1006 -1032 NORTH
TUSTIN AVENUE, CLARIFYING THE SCOPE OF
EASEMENTS BEING ACQUIRED FOR THE TUSTIN
AVENUE AND LA PALMA AVENUE IMPROVEMENT
PROJECT
WHEREAS, the City Council on or around January 10, 2012 considered and passed its
Resolution No. 2012 -004, a Resolution of Necessity specifying various interests and property
proposed to be acquired from property located at 1006 -1032 North Tustin Avenue, for the
purposes of the Tustin Avenue and La Palma Avenue Improvement Project; and
WHEREAS, in that Resolution, the property to be acquired was described as a street
easement, a non - exclusive public utility and wall easement, and a temporary construction
easement; and
WHEREAS, the City wishes to clarify the scope of the rights being acquired, and the
scope of the rights and uses reserved to the owner of the property, under the non - exclusive public
utility and wall easement, in order to avoid any ambiguity with respect to the parties' respective
rights and obligations under the non - exclusive public utility and wall easement; and
WHEREAS, physical construction on the Tustin Avenue And La Palma Avenue
Improvement Project has not yet begun, such that clarification of the terms of the easement
referred to in Resolution 2012 -004 is timely to clarify the scope of, and duration of, construction
activities required for the Project, and to limit the potential for unintended interpretations of the
easement rights sought, and to otherwise clarify the permissible rights reserved to the owners of
the property upon which the easements are sought; and
WHEREAS, the Project work that has been contemplated for the public utility and wall
easement has always been proposed to consist of relocating existing overhead electrical utility
wires, installation of underground water utility facilities, and access for maintenance and
construction of a retaining wall on adjacent property, as shown on the approved Project plans,
none of which would, or was intended to, preclude the use of available portions of the easement
area for compatible uses, such as parking, but such compatible uses were not specifically
reserved in the descriptions of the easement in Resolution 2012 -004; and prior to initiation of'
Project construction, the City believes it will be beneficial to specify such reserved compatible
uses; and
WHEREAS, on May 28, 2013, after no less than fifteen (15) days' written notice to The
owners of the property referenced above, being the same property as that described in Resolution
No. 2012 -004, the City of Anaheim held a hearing to allow the record owners of such property a
reasonable opportunity to appear and be heard regarding the amendment to Resolution No. 2012-
004, and the clarification of the scope of rights and responsibilities under the non- exclusive
public utility and wall easement described therein.
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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 based upon evidence
presented to the City Council as follows:
SECTION I. Resolution No. 2012 -004, SECTION II(B) is hereby amended to
clarify the scope of the rights and responsibilities of the non - exclusive public utility and
wall easement proposed to be acquired by the City for the purposes of the Tustin Avenue
and La Palma Avenue Improvement Project, and as such Section II(C) as amended shall
read as follows:
(b) A non - exclusive public utility and wall construction access and
maintenance easement to permit the City, and /or its contractors, to enter onto the
area more specifically described in a legal description attached hereto as Exhibit
"C," approximately 18,747 square feet, and depicted in Exhibit "C -1" attached
hereto. The non - exclusive public utility and wall construction access and
maintenance easement shall allow access to the easement area to the City and its
contractors, for the purpose of accommodating the construction, placement,
operation, maintenance, repair, and restoration of a retaining wall on property
immediately adjacent to the easement area, as called for under the approved
project plans for the Tustin Avenue and La Palma Avenue Improvement Project,
and for maintenance activities as may be required for such wall. The non-
exclusive public utility and wall construction access and maintenance easement
shall also permit the City, and /or its contractors, to enter onto the easement area
for the placement, operation, maintenance, repair, and restoration, upgrade,
renovation, or relocation of underground and overhead public utilities facilities
within the described easement area, along with a reasonable right of access to the
easement area as may be necessary or convenient for the exercise of the rights
conferred hereunder. The owner of the property upon which the easement is
situated shall keep the easement area clear of any buildings, permanent structures,
shrubs or trees, but the right to place other landscaping consisting of lawn, grass,
ground cover, or similar low -lying plant or organic material is reserved to the
owner of the property upon which the easement is situated. This non - exclusive
public utility and wall construction and access easement reserves to the owner of
the property upon which the easement is situated the right to pave, and to pass on,
over, and through the easement areas not occupied by utility or other facilities,
and to allow vehicles to pass over and upon the surface of such areas, and for the
storage or parking of such vehicles, provided, however, that upon not less than
twenty four (24) hours notice, the owner shall clear the surface of the easement
area of any parked or stored vehicles, and otherwise keep the surface area of the
easement area clear of vehicles and other obstructions, for such time and in such
areas as may be reasonably necessary for the holder of the easement to perform
maintenance, repair, restoration, upgrade, renovation, or relocation work to the
utility facilities located thereon. In the performance of such maintenance, repair,
restoration, upgrade, renovation, or relocation work, the holder of the easement
shall restore the easement area to the same functional condition as is reasonably
practicable to the condition that existed before such work, provided such
condition is consistent with the terms of this easement.
159/012377 -0127
5567673.2 a05/07/13 -4-
SECTION II . City Council finds that the environmental impacts associated with the
proposed acquisition and the project for which the property is proposed to be acquired, the Tustin
Avenue and La Palma Avenue Improvement Project, has been adequately reviewed and certified
by the City Council, January 11, 2011, in conformance with the California Environmental
Quality Act (CEQA) /Initial Study and Mitigated Declaration Report for the Tustin Avenue La
Palma Avenue Improvement Project.
SECTION III. Except as specifically amended herein, the remainder of Resolution 2012-
004 remains in full force and effect.
SECTION IV. The law firm of Rutan and Tucker, LLP, as special counsel for the City of
Anaheim, and the City Attorney, are authorized to prepare and present such pleadings or other
instruments as may be necessary to effectuate the clarification of the scope of the non - exclusive
public utility and wall easement as provided for herein.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 28 day of may_ 2013, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: ( IZI , 47
MAYOR CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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