RES-2015-290RESOLUTION NO. 2015 - 2 9 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR THE ACQUISITION OF PROPERTY
LOCATED AT 1325 NORTH CATALPA AVENUE FOR THE
PURPOSES OF THE BROOKHURST STREET WIDENING — I5
TO SR 91 FREEWAY PROJECT (R/W ACQ 2013-00458)
WHEREAS, the City of Anaheim has been investigating the acquisition of property located at
1325 North Catalpa 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 December 8, 2015, 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 Brookhurst Street Widening — I5 to SR 91 Freeway Project
("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, including the Initial Study and
Mitigated Negative Declaration for the Brookhurst Street Widening - I5 to SR91 Freeway Project
approved by the City Council on January 29, 2013, in accordance with the California Environmental
Quality Act (CEQA) and by the National Environmental Policy Act (NEPA), an Environmental
Assessment with Finding of No Significant Impact (EA/FONSI), approved on September 12,2014;
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 1. The Project for which the property is being acquired is the Brookhurst Street
Widening - I5 to SR91 Freeway Project which consists of the widening and improving of Brookhurst
Street, including installation of street landscaping and public utilities. The Location of the Project is
depicted generally in the project precise alignment dated March 13, 2013 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 1325 North Catalpa
Avenue (Assessor Parcel No. 072-284-11. The Property the City seeks to acquire, and the Property
interests sought, consist of the following:
A. Fee interest title to Property consisting of approximately 6 square feet,
including 5.66 linial feet to acquire all abutter's rights, including access
rights, as more specifically described in Exhibit "A" attached hereto.
B. A temporary construction easement over approximately 64 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 of Brookhurst Street — I5 to the SR 91 freeway in accordance with
the approved street construction (the "Project"). The temporary construction
easement shall include the right to perform within the temporary construction
easement area, any necessary excavation; grading; earth fill; compaction; wall
construction; installation of concrete forms; landscaping; irrigation; utility;
accommodation of private drainage facilities; and 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.
-2-
Such incidental activities shall include, but not limited to, utilizing the
temporary construction easement area for 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, nor exercise the uses of the easement outside 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 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 Brookhurst 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 help improve traffic circulation.
-3-
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 Governinent Code § 7267.2 has been made to the record
owners, by way of letter dated May 7, 2015. 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 Initial Study and
Mitigated Negative Declaration, adequately reviewed and approved on January 29, 2013, 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 Initial Study and Mitigated 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
deem appropriate.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim this 8th day of December, 2015, by the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MA OR OF THE CITY OF ANAHEIM
ATTEST:
Q�a —-
CITY CLERK OF THE CITY OFANAHEIM
112899/bmorley
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EXHIBIT "A"
FEE TAKING
A.P. NO, 072-284-11
RIGHT -OIC, -WAY ACQUISITION NO. 2013-00458
THAT PORTION OF LOT 25 OF TRACT NO. 2197, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK
62, PAGES 46, 47 AND 48, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING -`WESTERLY OF THE FOLL
OWING
DESCRIBED LINE.
COMMENCING A T TI -IE SOLJ'I'I 1 WEST CORNER OF LOT 26 OF SAID TRACT NO. 2197;
THENCE ALONG THE SOU"ITI-IER.LY LINE OF SAID LOT 26 NORTH 890 46'20" EAST
22.81 FEET TO THE BEGINNING OFA N ")N -TANGENT CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 1640.00 FEZ I' AND TO WHICH BEGINNING A RADIAL
LINE BEARS SOUTH 870 03' 13" WEST, SAID BEGINNING BEING THE TRUE POINT
OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE NORTHERLY 76.48
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 020 40' 19" TO THE
NORTHWESTERLY LINE OF SAID LOT 25.
CONTAINING 6 SQUAB -E FEET, MORE OR LESS.
Ll / /-1 5.66' - ACQUIRE ALL ABUTTER'S RIGHTS, INCLUDING ACCESS
RIGHTS.
ALI., AS MORE PARTICULARLY SHOWN ON EXHIBITA4" ATTACHED HERETO AND
MADE A PART HEU-OF.
SUBJECT TO THE COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS,
RIGHTS OF WAY AND EASEMENTS, IF AL'Y, OF RECORD.
PREPARED BY ME OR UNDER MY DIRECTION
THEODORE M. I/,RtJI,I,, LS 5848 EXP. 12/31/16
Page I of I
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DATE
Exp. 12-31-16
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No. 5848
EXHIBIT I A-1 SHEET I OF I SHEET
FEE TAKING
5' EASEMENT FOR PUBLIC UTILITIES PER
TRACT NO. 2197 M.M. 62146-48 AND
THE PACIFIC TELEPHONE AND TELEGRAPH
I l // COMPANY HOLDER OF AN EASEMENT FOR
Q�l
PUBLIC U77LI77ES PER BOOK 2866, PAGE
144, O.R..
NW'L Y LINE LOT 25 TR. No. 2197 M.M. 62146-48
N----32E(RAO)
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"N 00' 19' 44" V1 AS SHOWN ON TRACT NO.
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SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
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A.P. NO. 072-284-11
RIW ACQ. NO, 2013-00458
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DATE' 04-28-2015
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Exp. 12-31-16
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No. 48
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
BROXHURST STREET
A.P. NO. 072-284-11
RIW ACQ. NO, 2013-00458
SCALL: "=20'
DRAWN B K jws
CHECKED 8 Y' TYK
DATE' 04-28-2015
JOB NO.
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TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. C72-284-11
ACQUISITION `10..
TI -IAT PORTION 01 J-01'25 OFTRACT NO. 2197, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK
62, PAGES 46, 47 AND 48, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 5.00 FEET WIDE, THE WESTERLY LINE OF SAID STRIP
DI SCRIBED AS FOLLOWS:
COMMENCING ATTHE SOUTHWEST CORNER OF LOT 26 OF SAID TRACT NO. 2197;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 26 NORTH 890 46'20', EAST
22.81 FEET TO THE BEGINNING OF A, NON -TANGENT CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 1640.00 FEET AND TO WHICH BEGINNING A RADIAL
LINE 13EARS SOUTH 870 03' 13" WEST, SAID BEGINNING BEING THE TRUE POINT
OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE NORTHERLY 76.48
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 020 40' 19" TO THE
NORTHWESTERLY LINE , OF SAID LOT 25.
SAID STRIP OF LANT TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE
SOUTHERLY IN THE SOUTHERLY LINE OF SAID LOT 25 AND NORTHERLY IN SAID
NORTHWESTERLY LINE.
CONTAINING 64 SQUARE FEET., 0.001 ACRES, MORE OR LESS.
ALL AS MORE, PARTICULARLY SHOWN ON EXHIBIT- 1 ATTACHED HERETO AND
MADE A PART HEREOF.
SUBJECT TO THE COVENANTS, CONDITIONS, RESERVA71IONS, RESTRICTIONS,
RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD.
PRE -PARED BY ME OR UNDER MY DIRECTION
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THEODORE M. KRULL, LS 5848 EXP. 12/31 /1,+ DATE No 584's
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OF TEMPORARY
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THE CpiTERLINE OF BR"HURST STREET
& N'LY LINE LOT 26 7R No. 2197 M.M. 62146-48
'N 00' 19' 44" W AS SHOWd ON TPACT NO.
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