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2002-024RESOLUTION NO. 2002R-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1201-1235 SOUTH EUCLID STREET FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5400-06). WHEREAS, the City of Anaheim has been investigating the acquisition of various interests in property, including a public utility easement on property located at 969 South Euclid Street, for the purposes of making public roadway improvements on the circulation element of the General Plan of the City of Anaheim; and WHEREAS, on January 15, 2002, 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 "~', which legal descriptions are incorporated herein by reference, 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 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 against the Property; 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 various interests in the Property more particularly described herein ("Property"), for the purposes of widening and improving Ball Road and Euclid Street; 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 No. 311 (Anaheim Resort Specific Plan E.I.R.), for the Ball Road/Euclid Street Intersection from 200 m West of Euclid to UPRR on Ball Road and from 200m North of Ball Road to Palm Lane on Euclid Street 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, Califo.rnia, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows- SECTION I. The Ball Road/Euclid Street Intersection from 200 m West of Euclid to UPRR on Ball Road and from 200 m North of Ball Road to Palm Lane on Euclid Street Project for which acquisition of the Property is required consists of the widening and improving of Ball Road and Euclid Street, including installation of street landscaping and public utilities. SECTION II. The Property to be acquired is located within the City of Anaheim, Co'unty of Orange, State of California, and is located at 1201-1235 South Euclid Street, (Assessor Parcel No. 128-372-41). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following- A. A public utility easement over approximately 370.30 square feet of frontage along the Property, as more specifically described in Exhibit "A" hereto. The terms of the public utility easement are as follows: "A non-exclusive easement for the construction, reconstruction, operation, maintenance, repair, and relocation of electrical utility and appurtenant facilities, both above and below ground~ including reasonable access of ingress and egress thereto, including the right to come onto the easement area with such machinery and equipment as may be necessary or convenient to the construction, reconstruction, operation, maintenance, relocation, or servicing of such facilities. This nonexclusive easement may be removed or relocated upon dedication by the owner of the servient tenement, or his or her successors or assigns, and acceptance by the City, or its successors or assigns, or a replacement easement, satisfactory to the City of Anaheim Utilities Department, or its successors or assigns, with respect to location, dimension and range of permissible uses for all purposes permitted hereunder." 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 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 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. 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 improve traffic circulation. SECTION V. The Property is necessary for the proposed Project, in that the public utility facilities must be located as near as practicable to the property it is intended to serve. SECTION VI. The offer required by Government Code ~ 7267.2 has been made to the record owners, by way of letter dated November 5, 2001. 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 intere~t~ 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 California Environmental Quality Act by way of certification of Environmental Impact Report No. 311, and 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 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 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of January, 2002. MAY~R OF THE~CITY OF A~HEIM ATTEST- C~OF THE CITY OF ANAHEIM 27883.65~lnewberryuanuary 7, 2002 4 EXHIBIT "a" LEGAL DESCRIPTION THAT PORTION OF THE EAST 3.0 ACRES OF LOT 1 OF THE[ "KELLOGG HOMESTEAD TRACT", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 8, PAGE 51 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF BALL ROAD AND EUCLID STREET AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGE 25 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF BALL ROAD SOUTH 89~03'45" WEST 247.86 FEET TO THE INTERSECTION OF SAID CENTERLINE WITH THE PROLONGATION OF THE WESTERLY LINE OF SAID EAST 3.0 ACRES; THENCE ALONG SAID PROLONGATION AND WESTERLY LINE SOUTH 00°17'03. EAST 53.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 53.00 FEET SOUTHERLY OF SAID CENTERLINE, SAID PARALLEL LINE BEING THE SOUTHERLY LINE OF BALL ROAD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 00o17'03" EAST 64.00 FEET; THENCE NORTH 89°42'§7" EAST 10.00 FEET; THENCE NORTH 00o17'03" WEST 12.00 FEET; THENCE SOUTH 89°42'57'' WEST 5.00 FEET; THENCE NORTH 00°17'03' WEST 52.06 FEET TO THE SOUTHERLY LINE OF BALL ROAD; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89~03'45" WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING. MORE PARTICULARLY SHOWN ON EXHIBIT "El" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY. PREPARED BY: (UCKN - r... . 0~7206 --- A.P. NO.' 128-372-41 M.C.E. P,N.: 01317 UG DIST. NO.' 38 REF. DWG. NO.' RC-1686 DATE: OCTOBER 8, 2001 "r.J LI ::.i I · I I I i i L SI~BTCH TO AC(X)MPANY A T.~~ DESCRII~ON L6 LINE OF THE ¢~1¢6 A.P. NO.: 12,~-,F72-41 UD. DIST. NO.: ~ REF'. DW& NO.: R(,,-I~ -~-'~UBLIC .........~, ..................~,. UTILITY EASEMENT ~'" ~o~ ~.~~ ~.~ ...... POR. LOT I, ~ ~~1 _..._ IO/OI . _ , .. _ ~ ~ ~" ~" ~ ~ ~ ~' {~'~"~= CITY OF ANAHEIM ~_~ ]1 ilia i i i il i ........ IL I I I I~- ' 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. 2002R-24 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of January, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None cITY CLERK i~F THE-CITY OF ANAHEIM (SEAL)