98-021
RESOLUTION NO. 98R-21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PROPERTY LOCATED
AT 1771 SOUTH BROOKHURST STREET FOR STREET
AND PUBLIC UTILITY PURPOSES (R/W 5190-1) .
WHEREAS, the City of Anaheim has been investigating the
acquisition of various interests in property, including fee
interests and temporary construction easements, on property
located at 1771 South Brookhurst Street, for the purposes of
making public roadway improvements, as part of the Katella Avenue
Smart Street Project; and
WHEREAS, on February 3, 1998, 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, 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 Katella Avenue; and
WHEREAS, the Project for which the Property to be acquired
lS sought has previously been reviewed under applicable
environmental review procedures, including Environmental Impact
Report No. 538 (Katella Avenue Super 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 consists of the widening and
improving of Katella Avenue, 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 1771 South Brookhurst Street, (Assessor Parcel No.
127-613-13). The portions of Property the City seeks to acquire,
and the Property interests sought, consist of the following:
Fee simple title to approximately 15,589 square
feet of frontage along the Property, as more
specifically described in Exhibit "A" hereto.
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 expansion of Katella Avenue in
the manner contemplated by the Project. In addition, the Katella
Avenue widening is coordinated with a regional roadway upgrade
project designed to relieve regional traffic congestion and the
capacity of the street, which will require continuity in the
roadway alignment and traffic handling capacity of the street
both within and without the City of Anaheim.
SECTION IV. This acquisition is a full take, pursuant to
Code of Civil Procedure Section 1240.410(b). City is acquiring a
remnant property which after the condemnation of the project,
would leave the remainder in such a size, shape, and condition to
be of little market value.
SECTION V. 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 Project as configured 1S
consistent with the least private injury in that the City is
acquiring a remnant to avoid leaving the remainder in such a
size, shape or condition as to be of little market value. The
project is designed in a manner compatible with the greatest
public good, in that the Project will involve road widening,
undergrounding of utilities, adding median islands, and upgrading
parkway landscaping, along with attendant sewer and storm drain
improvements. This will enhance the utility of the area for
commercial purposes, improve traffic circulation, and improve the
ability of the area to attract and serve tourism.
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SECTION VI. The Property is necessary for the proposed
Project, in that the roadway widening must occur on property
immediately adjacent to the existing roadway.
SECTION VII. The offer required by Government Code
~7267.2 has been made to the record owners, by way of letter
dated January 3, 1997. 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.
SECTION VIII. 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 IX. The Project has been reviewed and approved
under the California Environmental Quality Act by way of
certification of Environmental Impact Report No. 538, 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 sig-
nificant 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 pre-
vious environmental impact reports, such that no further en-
vironmental review attending this proposed acquisition is ne-
cessary.
SECTION X. 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 andlor 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.
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THE FOREGOING RESOLUTION is approved and
Council of the City of Anaheim this 3rd~y
MAYO
ATTEST:
~- 'J( ~
CITY CLERK OF THE CITY OF ANAHEIM
0024303.09\mslaught\January 16, 1998
Order No: 7305486 M08
DESCRIPTION
EXHIBIT "A"
PARCEL 1:
THE EASTERLY 165.00 FEET OF THE SOUTHERLY 165.00 FEET, MEASURED ALONG THE
SIDELINES, OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
EXCEPT THEREFROM THE FOLLOWING:
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF BROOKHURST STREET AND
KATELLA AVENUE AS SAID INTERSECTION IS SHOWN ON A MAP OF TRACT NO. 2319,
RECORDED IN BOOK 69, PAGES 43 AND 44, MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA; THENCE, NORTH 00 21' 05" WEST, ALONG SAID CENTERLINE OF
BROOKHURST STREET, A DISTANCE OF 63.80 FEET TO A POINT; THENCE, SOUTH 890 38'
52" WEST, AT RIGHT ANGLES TO SAID CENTERLINE, A DISTANCE OF 40 FEET TO THE
WESTERLY RIGHT OF WAY LINE OF SAID BROOKHURST STREET AND THE TRUE POINT OF
BEGINNING; THENCE, CONTINUING SOUTH 890 38' 52" WEST, ALONG SAID RIGHT ANGLE
LINE, A DISTANCE OF 2 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 22 FEET; THENCE, SOUTHWESTERLY, ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 890 57' 35", AN ARC DISTANCE OF 34.54 FEET TO
A NON-TANGENT LINE; THENCE SOUTH 00 18' 43" EAST A DISTANCE OF 2 FEET TO THE
NORTHERLY RIGHT OF WAY LINE OF KATELLA AVENUE; THENCE NORTH 890 41' 17" EAST,
ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 10.92 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 13 FEET; THENCE, NORTHEASTERLY,
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 02' 50", AN ARC DISTANCE OF
20.42 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF BROOKHURST
STREET; THENCE, NORTH 00 21' 03" WEST, ALONG LAST-MENTIONED RIGHT OF WAY LINE,
A DISTANCE OF 10.91 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF BROOKHURST STREET AND
KATELLA AVENUE AS SAID INTERSECTION IS SHOWN ON A MAP OF TRACT NO. 2319,
RECORDED IN BOOK 69, PAGES 43 AND 44, MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA; THENCE NORTH 00 21' 05" WEST, ALONG SAID CENTERLINE OF
BROOKHURST STREET, A DISTANCE OF 63.80 FEET TO A POINT; THENCE, SOUTH 890 38'
52" WEST, AT RIGHT ANGLES TO SAID CENTERLINE, A DISTANCE OF 40 FEET TO THE
WESTERLY RIGHT OF WAY LINE OF SAID BROOKHURST STREET AND THE TRUE POINT OF
BEGINNING; THENCE, CONTINUING SOUTH 890 38' 52" WEST, ALONG SAID RIGHT ANGLE
LINE, A DISTANCE OF 2 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 22 FEET; THENCE, SOUTHWESTERLY, ALONG AND
CURVE THROUGH A CENTRAL ANGLE OF 890 57' 35", AN ARC DISTANCE OF 34.94 FEET TO
A NON-TANGENT LINE; THENCE, SOUTH 00 18' 43" EAST A DISTANCE OF 2 FEET TO THE
1
Order No: 7305486 M08
O:e:SCRIPTION
EXHIBIT "A"
NORTHERLY RIGHT OF WAY LINE OF KATELLA AVENUE; THENCE, NORTH 890 41' 17" EAST,
ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 10.92 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 13 FEET; THENCE, NORTHEASTERLY,
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 02' 50", AN ARC DISTANCE OF
20.43 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF BROOKHURST
STREET; THENCE, NORTH 00 21' 03" WEST, ALONG LAST-MENTIONED RIGHT OF WAY LINE,
A DISTANCE OF 10.91 FEET TO THE TRUE POINT OF BEGINNING.
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 98R-21 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 3rd day of February, 1998, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS:
None
ABSENT:
MAYOR/COUNCIL MEMBERS:
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 98R-21 on the 3rd day of February, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 3rd day of February, 1998.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 98R-21 was duly passed and adopted by the City Council of
the City of Anaheim on February 3rd, 1998.
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CITY CLERK OF THE CITY OF ANAHEIM