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RES-2017-192RESOLUTION NO. 2017 -192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF PROPERTY LOCATED AT 1605 EAST GENE AUTRY WAY FOR THE PURPOSES OF THE GENE AUTRY WAY AND STATE COLLEGE BOULEVARD IMPROVEMENT PROJECT (R/W ACQ 2017-00910) WHEREAS, the City of Anaheim has been investigating the acquisition of property located at 1605 East Gene Autry Way 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 19, 2017, 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", "B", "C" and "D", 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 Gene Autry Way and State College Boulevard Improvement 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 Negative Declaration for the Gene Autry Way and State College Boulevard Improvement Project approved by the City Council on Apri14, 2017 and on October 26, 2010, previously certified and approved E.I.R. No. 339, in accordance with the California Environmental Quality Act (CEQA); 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 Improvement Project which consists of the widening and improving of Gene Autry Way and State College Boulevard, including installation of street landscaping and public utilities. The Location of the Project is depicted generally in the final project precise alignment, as previously approved by the City Engineer on May 1, 2017, as part of the record of hearing in this matter. SECTION II. The Property to be acquired is located within the City at 1605 East Gene Autry Way (Assessor Parcel No. 232-121-21). The Property the City seeks to acquire, and the Property interests sought, consists of the following: A. Permanent easement for street and public utility purposes title to Property consisting of approximately 2,858 square feet, as more specifically described in Exhibit "A" and "B" attached hereto. B. A temporary construction easement over approximately 11,772 square feet of Property, more specifically described in Exhibit "C" and "D" 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" and "D" as deemed reasonably necessary for all purposes incidental to reconstructing and widening Gene Autry Way and State College Boulevard Improvements 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; slough wall construction, 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, 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 area. 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 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 six (6) 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. City shall not exercise its non-exclusive rights under this Temporary Construction Easement in such way as to unreasonably interfere with pedestrian or vehicular access to the building on the Property. 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 Gene Autry Way and State College Boulevard in the manner contemplated by the Project. The Project is designed to -3- 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, construction of median island, undergrounding of utilities, and upgrading parkway landscaping, along with drainage improvements. This will enhance the utility of the area and help 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 June 20, 2017. 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 Negative Declaration, adequately reviewed and approved on April 4, 2017 and on October 26, 2010 previously certified and approved E.I.R. No. 339„ 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 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 in 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 19th day of December, 2017, by the following roll call vote: AYES: Mayor Tait and Council Members Murray, Barnes, Kring, and Faessel NOES: Mayor Pro Tem Vanderbilt ABSENT: None ABSTAIN: Council Member Moreno CITY OF ANAHEIM B: Y MAYOR OF THE CITY OF ANAHEIM ATTEST: CIT OF TH CITY OF ANAHEIM (Acting) 125424/bmorley -5- EXHIBIT "A" EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES A.P. NO. 232-121-21 ACQUISITION NO. 2017-00910 BEING THAT PORTION OF PARCEL 10 IN BLOCK "C" OF THE PARCEL MAP IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 104, PAGE 12, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF GENE AUTRY WAY (FORMERLY PACIFICO AVENUE) AND UNION STREET (FORMERLY CHRIS LANE) AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF CHRIS LANE NORTH 00053'18" EAST (RECORD NORTH 00°00'06" WEST), 79.53 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 89°06'42" EAST, 32.00 FEET TO THE WEST LINE OF SAID PARCEL 10, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 44°06'50" EAST, 31.12 FEET TO A LINE PARALLEL WITH AND 57.50 FEET NORTHERLY OF THE CENTERLINE OF SAID GENE AUTRY WAY; THENCE ALONG SAID PARALLEL LINE, SOUTH 89°08'13" EAST, 194.40 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 89°43'02" EAST, 3.49 FEET TO THE EAST LINE OF SAID PARCEL 10; THENCE ALONG THE BOUNDARY OF SAID PARCEL 10 THE FOLLOWING 4 COURSES: 1) SOUTH 00°10'49" WEST, 12.57 FEET; 2) NORTH 89°08'13" WEST, 195.04 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET; 3) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°01'31 "AN ARC LENGTH OF 39.28 FEET; 4) NORTH 00°53'18" EAST, 9.50 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 2,858 SQUARE FEET, 0.066 ACRES MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN /7RMAN TH THE P FESSIONAL LAND SURVEYORS' ACT. 1.ANfl Spy` 04' .1 MARTY J. MA TY SMITH, P.L.S. 8070 SMITH 0 DATE PREPARED: 06/22/2017 � A 8070 .� Page 1 of 1 9�For CA1-�F��2 0 N1 R N N M N EXHIBIT "B" EASEMENT FOR STREETAND PUBLIC UTILITYPURPOSES J SHEET 1 OF 2 Fill LOT 6 J s RMING1NG SKETCH TO ACCOMPANY 7RAC7" NO. J7703 I J is 888 W. Town and Country Road LOEAPPROVE A LEGAL DESCRIPTION M.M. 957/ 6-15 JMR ,NOrange, CA 92868 (sas) 2s�-�soo-www.towin.com GI?�IE AUTRY WAY CHECKED BY JMS o � w ® INDICATES LIMITS OF DATE 06/22-/-20-17-1 N EASEMENT FOR STREET JOB NO. AND UTILITY PURPOSES 15265 W W I Lj (2,858± SF) (NO'00'06'W) RECORD BEARING PER K PARCEL 10 PMB 104/12 cn W SCALE: 1' = 40' BLOCK C P.M.B.104/12 w fl (AP 232-121-21) LAND s LINE TABLE z O V J. MARTY � UNE BEARING DISTANCE p -`+ SMITH L1 N89'43'02"E 3.49' D- U 14 T.P.OB. I S89'O6'42"E N9 8070 �� L2 SOOT O'49"W 12.57' cJD 32_0_0' `rte, r 4 F OF cA��O L3 N00�3'18"E 9.50' L1 S89'08'13"E 194.40' vi 77 3 w o u,9 •Gb. N89'08'13"W 195.04' c �i to STATE COLLEGE BLVD I z z .. (FORMERLY PLACENTIA AVE) i — — _ N89'08'13"W 901.11' GENE AUTRY WAY (FoRMERLPAanco AVMUE) ---� Y POINT OF BEGINNING - INT OF q OF GENE AUTRY SEE SHEET 2 FOR BASIS OF BEARINGS WAY AND UNION STREET SHEET 1 OF 2 Fill SCALE s RMING1NG SKETCH TO ACCOMPANY 1" = 40' J is 888 W. Town and Country Road LOEAPPROVE A LEGAL DESCRIPTION DRAWN BY JMR ,NOrange, CA 92868 (sas) 2s�-�soo-www.towin.com GI?�IE AUTRY WAY CHECKED BY JMS o � w A.P. NO. 232-121-21 DATE 06/22-/-20-17-1 06/22/2017 ACO. NO. 2017-00110 JOB NO. 15265 N N N N I EXHIBIT "B" EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, NAD83 (NSRS2007, EPOCH 2011.00) AS DETERMINED LOCALLY BY A LINE BETWEEN CONTINUOUS GLOBAL POSITIONING STATIONS (CGPS) 'BLSA" AND 'CCCS' BEING NORTH 6606'41" EAST AS DERIVED FROM COORDINATES PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER (CSRC) ON MAY 24, 2011. STATION LATITUDE LONGITUDE NORTHING EAS71NG PUBLISHED ACCURACY BLSA N33 47'58.34530" W118 01'43.19054" 2239163.778 6021325.349 0.0 02m (N)ACCURACY 0.0002m (E) CCCS N33 51'45.86271' W117 51'53.74694' 2261350.069 6071418.313 O.ODD4m (N) 0.0004m (E) LEGEND A CGPS STATION FOUND CENTERLINE MONUMENT NO SCALE ---------N8909'08"W (GPS TIE) ---- BLSA SAND SG�y J. MARTY F� SMITH N> 8070 OF CAS-��0� r j S R YING I 1113 -1 IS 888 W. Town and Country Road Oran?2 e, CA 92888 (949) 281-1900 - www.towill.com 06/22/2017 CCCS , , I GENE AUTRY WAY �D/c�- SHEET 2 OF 2 SKETCH TO ACCOMPANY"`= A LEGAL DESCRIPTION DRAWN BY JMR GENE AWRY WAY CHECKED BY JMS A.P. NO. 232-121-21 DATE 06/22/2017 ACO. NO. 2017-00910 JOB NO. 15265 EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT A.P.N. 232-121-21 ACQUISITION NO. 2017-00910 BEING THAT PORTION OF PARCEL 10 IN BLOCK "C" OF THE PARCEL MAP IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 104, PAGE 12, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF GENE AUTRY WAY (FORMERLY PACIFICO AVENUE) AND UNION STREET (FORMERLY CHRIS LANE) AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF CHRIS LANE NORTH 00053'18" EAST (RECORD NORTH 00°00'06" WEST), 79.53 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 89006'42" EAST, 32.00 FEET TO THE WEST LINE OF SAID PARCEL 10, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 44006'50" EAST_, 31.12 FEET TO A LINE PARALLEL WITH AND 57.50 FEET NORTHERLY OF THE CENTERLINE OF SAID GENE AUTRY WAY; THENCE ALONG SAID PARALLEL LINE, SOUTH 89008'13" EAST, 194.40 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 89°43'02" EAST, 3.49 FEET TO THE EAST LINE OF SAID PARCEL 10; THENCE ALONG SAID EAST LINE, NORTH 0010'49" EAST, 45.93 FEET; THENCE.LEAVING SAID EAST LINE THE FOLLOWING 5 COURSES: 1) NORTH 89°08'13" WEST, 156.81 FEET; 2) NORTH 0°51'47" EAST, 6.65 FEET; 3) NORTH 89°08'13" WEST, 35.52 FEET; 4) NORTH 0°53'18" EAST, 55.41 FEET; 5) NORTH 89°06'42" WEST, 27.00 FEET TO THE WEST LINE OF SAID PARCEL 10; THENCE ALONG SAID WEST LINE, SOUTH 0°53'18" WEST, 86.06 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 11,772 SQUARE FEET, 0.270 ACRES MORE OR LESS. ALL AS SHOWN ON EXHIBIT "D", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTIQbj WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CON MA H T PRO SSIONAL LAND SURVEYORS' ACT. . � 1. A Nd SG�y J. MAR..4 J. MAR Y SMITH, P.L.S. 8070 sMiTM DATE PREPARED: 03/30/2017 8070 Page 1 of 1 9jFOF CAi-Vi LO N 0 N N pn N EXHIBIT "D" TEMPORARY CONSTRUCTION EASEMENT F W7Tj&� SKETCH TO ACCOMPANY LOT 6 1' = 40' 888 W. TG l MAPPING I GIS 888 W. Town and Country Road JEI A LEGAL DESCRIPTION - JRACT NO. 17703 I orange, OA 92868 (949) 281-1900 - www.tovAll.com [APPROVE GENE AUTRY WAY A.P.N. 232-121-21 95716—J5 JMS 03 30 2017 Y. 03/30/2017 ACQ. NO. 2017-00910 JOB NO. 15265 LEGEND i ® INDICATES LIMITS OF N TEMPORARY CONSTRUCTIO EASEMENT (11,772± SF) f I W (N0 -00'06'W) RECORD BEARING PER W � SCALE: 1' = 40, PMB 104/12 l fN89*06'42'W PARCEL 10LANo I � co Z 2i 27.00' BLOCK C fl I c) t P.M.B.104/12 J J. MARTY Z W Go SMITH A (AP 232-121-21) I - r C 00 �� ,ri , "' N> 8070 \Q 9TF � r I z N8908'13'W of CA�FoI 35.52 � NO 51'47'E 6.65' sa C> N8908'13'W 156.81' UE POINT OF BEGINNING S89106'42'E / W OF ) o I S89 08'13'E 194.40' z W 3 0 oS89'43'02'W 3.49' C6 n 0 C) o I z z U' ul o STATE COLLEGE BLVD (FORMERLY PLACEN11A AVE) I — _ N8908'13 -W 901.11' — _ — POINT OF BEGIN NG — q GENE AUTRY WAY (FORMERLY PACIFICO AVENUE) INT OF � OF GENE AUTRY SEE SHEET 2 FOR BASIS OF BEARINGS WAY AND UNION STREET SHEET 1 OF 2 F W7Tj&� SKETCH TO ACCOMPANY a�Atx 1' = 40' 888 W. TG l MAPPING I GIS 888 W. Town and Country Road JEI A LEGAL DESCRIPTION DRAWN BY JMR orange, OA 92868 (949) 281-1900 - www.tovAll.com [APPROVE GENE AUTRY WAY A.P.N. 232-121-21 CHECKED BY DATE JMS 03 30 2017 Y. 03/30/2017 ACQ. NO. 2017-00910 JOB NO. 15265 2, N n 0 3 m d' N I N i N 0 N N 0 W U H D Q U d i 3 a Q d •O 0 EXHIBIT "D" TEMPORARY CONSTRUCTION EASEMENT BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, NAD83 (NSRS2007, EPOCH 2011.00) AS DETERMINED LOCALLY BY A LINE BETWEEN CONTINUOUS GLOBAL POSITIONING STATIONS (CGPS) -BLSA' AND 'CCCS' BEING NORTH 66'06'41' EAST AS DERIVED FROM COORDINATES PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER (CSRC) ON MAY 24, 2011. STATION LATITUDE LONGITUDE NORTHING EASTING PUBLISHED ACCURACY 0 68% ACCURACY BLSA N3347'58.34530" W118 01'43.19054' 2239163.778 6021325.349 0.0002m (N) 0.0002m (E) CCCS N33'51'45.66271' W117'51'53.74694' 2261350.069 6071418.313 0.0004m (N) 0.0004m (E) CCCS LEGEND ® CGPS STATION FOUND CENTERLINE MONUMENT ;fid N 5 OF BPR , A NO SCALEIlk im �! II0 W BLSA N8909'OB"W (GPS TIE) ND rMAJ.',TH RTYo w 8070 �Q LOF SURVEYING I MAPPING I GIS 888 W. Town and Country Road Orange, CA 92868 (949) 261-1900 - www.towill.com i 03/30/2017 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION GENE AUTRY WAY A.P.N. 232-121-21 ACQ. NO. 2017-00910 GENE AUTRY WAY L m �Dloj- SHEET 2 OF 2 JMR JMS 03/30/2017 15265 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-192 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of December. 2017 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Murray, Barnes, Kring, and Faessel NOES: Mayor Pro Tem Vanderbilt ABSTAIN: Council Member Moreno ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of January, 2018. Y CLERK F THE CITY OF ANAHEIM (SEAL)