2002-050RESOLUTION NO. 2002R- 50
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1001 WEST LINCOLN AVENUE
FOR THE PURPOSES OF CONDUCTING ROADWAY
IMPROVEMENT (R/W ACQ 2001-00023).
WHEREAS, the City of Anaheim has been investigating the
acquisition of property located at 1001 West Lincoln Avenue, for
the purposes of making public roadway improvements on the
circulation element of the General Plan of the City of Anaheim;
and
WHEREAS, on February 26, 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:
Whether the public interest and necessity required the
Project;
Whether the Project is planned or located in a
manner which is most compatible with the greatest
public good and the least private injury;
Whether the Property proposed to be acquired is
necessary for the Project; and
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 the Property more particularly described
herein ("Property"), for the purposes of widening and improving
Lincoln Avenue; and
WHEREAS, the Project for which the Property to be acquired
is sought has previously been reviewed under applicable
environmental review procedures, including Negative Declaration
for the Lincoln Avenue Phase II/Street Widening 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 upon evidence presented to the City
Council as follows:
SECTION I. The Project for which the property is being
acquired is the Lincoln Avenue-Phase II/Street widening which
consists of the widening and improving of Lincoln Avenue,
including installation of street landscaping and public
utilities.
SECTION II. The Property to be acquired is located within
the City 1001 West Lincoln Avenue, (Assessor Parcel No. 255-033-
06). The portions of Property the City seeks to acquire, and the
Property interests sought, consist of the following:
no
Fee simple title to approximately 135.00 square
feet of the Property, as more specifically
described in Exhibit "A" hereto.
A temporary construction easement over
approximately 62.00 square feet of Property, more
specifically described in Exhibit "C" 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" as deemed reasonably necessary for all
purposes incidental to reconstructing and widening
Lincoln Avenue in accordance with the approved
street construction (the "Project"). The
temporary constrction easement shall include the
right to perform any necessary excavation;
grading; earth fill; compaction; installation of
concrete forms; landscaping; irrigation; utility;
and sign relocation; accommodation of private
drainage facilities; and deposit of tools,
2
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, 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. 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 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, 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 Lincoln Avenue
3
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 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
October 31, 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
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 California Environmental Quality Act by way of
certification of Negative Declaration, 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 w~ic~ 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.
4
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 26th day of February, 2002.
ATT~ ~
CItY CLER~ OF THE CITY OF ANAHEIM
MAWR OF T~AHEIM
43446.5\LNEWBERRY~JanuaD' 25, 2002
Exhibit "A"
Land Description
Being a portion of Lot 7 of that map entitled, "Tract No. 254 Five Points Subdivision",
recorded in Book 13, Page 35 of Miscellaneous Maps in the office of the County
Recorder of Orange County, California, described as follows:
Parcel 1: BEGINNING at point on the westerly line of said Lot 7, said point is also on the
northerly line of the parcel of land described as Parcel No. 23 in the Final Judgment No.
26729, to the City of Anaheim recorded July 2, 1931, in Book 492, Page 163, Official
Records of Orange County; Thence, leaving said northerly line and along said westedy
line of Lot 7 North 15030'35" West, a distance of 1.08 feet to a non-tangent curve
concave northwesterly, to which point a radial bears South 11°30'07" East; Thence,
across said Lot 7 and along said non-tangent curve with a radius of 1137.00 feet, through
a central angle of 00051'22" and an arc length of 16.99 feet to said northerly line of the
parcel of land described as Parcel No. 23 in the Final Judgment No. 26729; Thence,
along said northerly line South 74025'47" West, a distance of 16.95 feet to the POINT OF
BEGINNING.
CONTAINING 9 square feet, more or less.
Parcel 2: BEGINNING at the intersection of the easterly line of said Lot 7and the
northerly line of the parcel of land described as Parcel No. 23 in the Final Judgment No.
26729, to the City of Anaheim recorded July 2, 1931, in Book 492, Page 163, Official
Records of Orange County, said point also being on the westerly right-of-way line of
Illinois Street; Thence, along said northerly line South 74025'47'' West, a distance of
15.93 feet; Thence leaving said northerly line and across said Lot 7 North 29033'46" East,
a distance of 22.49 feet to said easterly line of Lot 7 and westerly right-of-way line of
Illinois Street; Thence along said easterly line of Lot 7 and westerly right-of-way line of
Illinois Street South 15°30'36" East, a distance of 15.87 feet to the POINT OF
BEGINNING.
CONTAINING 126 square feet, more or less.
Exhibit attached and by this reference made a part hereof.
Prepared By:
PENCO, Engineering, Inc.
David A. Floyd PLS 7676 Exp. 12/31/2004
N 74-'25'47" E 32~j.93' (Total)
t%', 49.97' 55.08'
~ t '"-' LOT 6 ~,,~ui
~ ~ ~' LOT 7
~ 0
~¢ / ~° ~j M TRACT N0. 254 ~.
~t ~ FIVE POINTS SUBDIVISION
. ~ MM - BOOK i3, PAG~ 35
~ ~~ CHRISTOPHER R. RYAN
~ APN:255-033-06
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~ DETAIL- PARCEL 1 ~ ~ O
, ~= NOT TO SCALE K ~ ~
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49.98 P.O.B. ~,,~ 16'95'//'N 74'25'4T' E 15.95' N P.O.B.
-- NORTHERLY '
RIGHT-OF-WAY LINE
BK 492, PO 165. LINCOLN AVENUE
Prepared From
Record Information
DAHIB11N
': REDE~TLOPMENT AGENCY
s~c~ ~o acco~Pa~r ~ ~sc~Pr~o~ ~0 ~ SOUTH ANAHEIM
BOULEVAED, XUITE ~0~
LINCOLN PHASE H ANAHEIM, CA ~80~
SHEET I OF I j SCALE 1"=20' JOB~ 99499.01
ONE TECHNOLOGY PARK Civil Engineering
BUILDING J-725
IRVlNE, CALIFORNIA 92718 Planning
(g49) 75~-8111 Su~eying Signoture
Exhibit "C"
Temporary Construction Easement
A temporary construction easement over a strip of land 1.00 foot wide measured at right
angles from the proposed northerly right-of-way line of Lincoln Avenue and over a portion
of Lot 7 of that map entitled, "Tract No. 254 Five Points Subdivision", recorded in Book
13, Page 35 of Miscellaneous Maps in the office of the County Recorder of Orange
County, California, the southerly line of said 1.00 foot easement being described as
follows:
COMMENCING at the intersection of the easterly line of said Lot 7 and the northerly line
of the parcel of land described as Parcel No. 23 in the Final Judgment No. 26729, to the
City of Anaheim recorded July 2, 1931, in Book 492, Page 163, Official Records of
Orange County, said point also being on the westerly right-of-way line of Illinois Street;
Thence, along said easterly line of Lot 7 and said westerly right-of-way line of Illinois
Street North 15°30'36'' West, a distance of 15.87 feet to the POINT OF BEGINNING;
Thence, along the proposed northerly right-of-way line of Lincoln Avenue South
29033'46" West, a distance of 22.49 feet to the northerly line of the parcel of land
described as Parcel No. 23 in the Final Judgment No. 26729, to the City of Anaheim
recorded July 2, 1931, in Book 492, Page 163, Official Records of Orange County;
Thence, along said northerly line of Parcel No. 23 South 74°25'47'' West, a distance of
22.20 feet to the proposed northerly right-of-way line of Lincoln Avenue, said point being
the beginning of a non-tangent curve concaving to the north, to which point a radial bears
South 12°21'29" East; Thence, along said non-tangent curve with a radius of 1137.00
feet, through a central angle of 00°51'22" and an arc length of 16.99 feet to the westerly
line of said Lot 7.
The sideline of said strip is to be extended or shortened to terminate in the easterly and
westerly lines of said Lot 7.
CONTAINING 62 square feet, more or less.
Exhibit attached and by this reference made a part hereof.
Prepared By:
PENCO, Engineering, Inc.
David A. Floyd PLS 767'6 Exp. 12/31/2004
N 7¢'25'47" E 32~,95' (Total)
49.97' 55.08'
i LOT 6 ~-~
'~' LOT 7
o TRACT NO. 254
' m FIVE POINTS SUBDIVISION
~ MM - BOOK 13~ PAGE 35
~ ¢ ~ CHRISTOPHER R. RYAN
~ APN: 255-053-06
z /~
z I ~ ~ ~ ~ ~ 0
/
r Z ~~~¢~ '~ P. O. B.
49.98' ' :' : '
, Z'~'~'~ N 7 .... ~ ~.~ ~ P O.C
L=16.99 42547 E ~ · -
R=1137.00' 1.00 FOOT TEMPORARY
~=00'51'22" CONSTRUCTION EASEMENT
NORTHERLY
RIGHT-OF-WAY LINE
BK 492, PG 163. LINCOLN AVENUE
Prepared From
Record lnformotion
BOULEVARD, ~UITE 103
SHEET 1 OF I , SCALE 1"=20' JOB~ 99499.01 ~
PENCO ENGINEERING INC.
ONE TECHNOLOBY BAR~ Gi~il En~ineerln9
BUILDING J-725
I~,NE, CALIFORNIA 92718 Plonning ~~
(g4g) 753-8111 Suweying Signoture /' ~ote
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-50 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 26th day of February, 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 OF THE CITY OF ANAHEIM
(SEAL)