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2003-152RESOLUTION NO. 2003R- 152 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 900, 910, 912, 914 AND 916 SOUTH HARBOR BOULEVARD FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W ACQ 2002-00119 AND R/W ACQ 2002-00120). WHEREAS, the City of Anaheim has been investigating the acquisition of property located at 900, 910, 912, 914 and 916 South Harbor Boulevard, for the purposes of making public roadway improvements consistent with the circulation element of the General Plan of the City of Anaheim; and WHEREAS, on July 22, 2003, 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" and "Al", 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: Ao Whether the public interest and necessity require 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; C o Whether the Property proposed to be acquired is necessary for the Project; and Do 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 Harbor Boulevard; 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 Harbor Boulevard from Vermont Avenue to 260 feet South of Vermont Avenue Project approved on or about February 25, 2003; 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 Harbor Boulevard from Vermont Avenue to 260 feet South of Vermont Avenue Project which consists of the widening and improving of Harbor Boulevard, including installation of street landscaping and public utilities. SECTION II. The Property to be acquired is located within the City 900, 910, 912, 914 and 916 South Harbor Boulevard, (Assessor Parcel No. 251-051-02 and 251-051-03). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: Ao Fee simple title to approximately 6,578.75 square feet of the Property, as more specifically described in Exhibit "A" and KAl" hereto. Bo A temporary construction easement over approximately 230.31 square feet of Property, more specifically described in Exhibit "C" and "Ci" 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 "Ci" as deemed reasonably necessary for all purposes incidental to reconstructing and widening Harbor Boulevard in accordance with the approved street construction (the "Project"). The temporary construction 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, 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 within the temporary construction easement area 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 wori{. 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. C o A temporary easement over the 12,734 square feet of property comprising Orange County Assessor's Parcel No. 251-051-02 within that portion of Lot 27 of Anaheim Extension in the City of Anaheim, County of Orange, State of California, more specifically described in Exhibit "E", which temporary easement shall permit the City to enter into such area for the purposes of conducting various environmental testing, including asbestos testing, lead sampling, and other environmental tests and investigations, as well as for the purposes of demolition of all existing structures and improvements located within the described area. The temporary easement shall become effective fourteen (14) days after the City provides written notice to the owner of the described area and shall continue until sixty (60) days thereafter. 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 Harbor Boulevard in the manner contemplated by the Project. The Project is designed to improve traffic circulation 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 and upgrading parkway landscaping, along with drainage improvements. This will enhance the utility of the area and improve traffic circulation. SECTION Vo 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 4 April 24, 2003 and June 10, 2003. 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 %o 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 a Negative Declaration on or about February 25, 2003, 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 Negative Declaration such that no further environmental review of 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 Council of the City of Anaheim this ATTEST: ,/'/ , X CITY/C~ERK O1~ TH~. ~TY OF ANAHEIM by the Ci[y MAYOR OF THE CITY OF ~NAHEIM 43446.gA'xLNEWB~RRY 5 EXHIBIT "A" LEGAL DESCRIPTION FOR STREET PURPOSES AP NO. 251-051-03 THAT PORTION OF LOT 27 OF ANAHEIM EXTENSION IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL IN 1868 AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF VERMONT AVENUE WITH THE CENTERLINE OF HARBOR BOULEVARD; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF SAID VERMONT AVENUE NORTH 74°12'00" EAST 34.75 FEET; THENCE SOUTH 15048'00" EAST 33.00 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF VERMONT AVENUE TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY LINE OF VERMONT AVENUE; THENCE NORTH 74012'00.. EAST 42.25 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTH 29012'00.. WEST 21.21 FEET; THENCE SOUTH 16°45'01.' EAST 109.02 FEET TO A POINT ON THE SOUTHERLY LINE OF A GRANT DEED TO DON L. GARClA AND LISA F. MORALES, RECORDED NOVEMBER 17, 1997 AS INSTRUMENT NO. 19970585376 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE SOUTH 74°12'00" WEST 29.06 FEET ALONG SAID SOUTHERLY LINE TO A POINT ON THE EASTERLY LINE OF SAID HARBOR BOULEVARD, SAID POINT BEING 34.75 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF SAID HARBOR BOULEVARD; THENCE NORTH 15o48'00'. WEST 124.00 FEET ALONG THE SAID EASTERLY LINE OF HARBOR BOULEVARD TO THE TRUE POINT OF BEGINNING. THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 3590.00 SQUARE FEET. DATED THIS 23R° DAY' OF JANUARY, 2003. WALTER F. LUI~II~ L.S.?707 REGISTRATION EXPIRES 12/31/04 EXHIBIT 'B' Sketch of Dedication AP#251-051-03 0 N.T.S. AP#251-051-03 AREA=3,590.00 SF LEGEND ~ Area of Dedication BASIS OF BEARINGS P~ ~o-~(Sl?) HARBOR BLVD. N15'48'OO~W ITY 0F ANAHEIM PUBLIC WORKS DEPT. PRfNCIPAL CIVIL ENGIN~.'I~I~ DATE HARBOR BLVD. FROM VERMONT AVE. TO 157' S/O VERMONT AVE. DRWN:~.~.~. {CHKD: D.,,g4l~{ DIST. MAP ! DATE:Id/O~/d2{DATE:Yd/d2/d2{ 2'4, ,~[ R/'W No. ACQ2002-O0119 EXHIBIT "AJ/' LEGAL DESCRIPTION FOR STREET PURPOSES AP NO. 251-051-02 THAT PORTION OF LOT 27 OF ANAHEIM EXTENSION IN THE CITY OF ANAHEIM, COUNTM OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL IN 1868 AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF VERMONT AVENUE WITH THE CENTERLINE OF HARBOR BOULEVARD; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF SAID VERMONTAVENUE NORTH 74°12'00" EAST 34.75 FEET; THENCE SOUTH 15°48'00" EAST 157.00 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF VERMONT AVENUE ALONG THE EASTERLY LINE OF SAID HARBOR BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE NORTH 74°12'00" EAST 29.06 FEET ALONG THE NORTHEASTERLY LINE OF A GRANT DEED DESCRIBED IN PARCEL 1 OF EXHIBIT"ONE" TO DON L. GARCIA AND LISA F. MORALES, RECORDED NOVEMBER 17, 1997 AS INSTRUMENT NO. 1997058537C~ OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE SOUTH 16°45'01" EAST 100.01 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL I OF EXHIBIT"ONE"; THENCE SOUTH 74 ° 12'00" WEST 30.72 FEET TO A POINT ON THE EASTERLY LINE OF SAID HARBOR BOULEVARD; THENCE NORTH 15°48'00.. WEST 100.00 FEET ALONG THE SAID EASTERLY LINE OF HARBOR BOULEVARD TO THE TRUE POINT OF BEGINNING. THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 2988.75 SQUARE FEET. DATED THIS 23R° DAY OF JANUARY, 2003. WAL'~ER I~. LUNDI~ L.~ 7~'~7" v- REGISTRATION EXPIRES 12/31/04 EXHIBIT 'B [' Sketch of Dedication AP#251-051-02 N.T.$. LEGEND · ~ooW, \ A-~EA=2,988.75 SF AP~251-051-02 ~//////////~ Area of Dedication BASIS OF BEARINGS PM 50-9(317) HARBOR BLVD. N15'48'00'W ITY OF ANAHEIM PUBLIC WORKS DEPT. ~RINCIPAL CIVIL ENGIN~:~:i~ DATE HARBOR BLVD. FROM 257' S/o. TO 157' S/o .VERMONT AVE. DR~-N: i'..,~.~. C,wn: D~.~ DL.qT. z~,. a~ H~ No. ACQ2002-~120 EXHIBIT "C~' LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT AP NO. 251 q)51-03 A 1.00 FOOT WIDE STRIPE OF LAND OVER THAT PORTION OF LOT 27 OF ANAHEIM EXTENSION IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL IN 1868 AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF VERMONT AVENUE WITH THE CENTERLINE OF HARBOR BOULEVARD; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF SAID VERMONT AVENUE NORTH 74° 12'00" EAST 34.75 FEET; THENCE SOUTH 15°48'00" EAST 33.00 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF VERMONT AVENUE TO A POINT ON THE SOUTHERLY LINE OF VERMONT AVENUE; THENCE NORTH 74° 12'00" EAST 42.25 FEET ALONG THE SAID SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 29°12'00" WEST 21.21 FEET; THENCE SOUTH 16°45'01" EAST 109.02 FEET TO ITS TERMINATION ON THE SOUTHERLY LINE OF A GRANT DEED TO DON L. GARCIA AND LISA F. MORALES, RECORDED NOVEMBER 17, 1997 AS INSTRUMENT NO. 19970585376 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY. THE SIDELINES OF SAID STRIP SHALL TERMINATE AS FOLLOWS: NORTHERLY AT SOUTHERLY LINE OF VERMONT AVENUE, SOUTHERLY AT SOUTHERLY LINE OF A GRANT DEED TO DON L GARCIA AND LISA F. MORALES, RECORDED NOVEMBER 17, 1997 AS INSTRUMENT NO. 19970585376 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY. THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 130.30 SQUARE FEET. DATED THIS 23R° DAY OF JANUARY, 2003. WALTER F. LUNDIN L.S. 7707 REGISTRATION EXPIRES 12/31/04 /-~ 770t '/-- ,/! \\ .... Sketch of ' EXHIBIT 'D' ./ Temporary Construction Easement AP#251-051-03 N.T.S. \ AP#Z51-051 AREA=130.30 SF LEGEND ~ Area of Dedication BASIS OF BEARINGS PM 50-9(317) HARBOR BLVD. N15'48'00"W ;ITY OF ANAHEIM PUBLIC WORKS DEPT. PRINCIPAL UIVIL ENGINgl~R DATE HARBOR BLVD. FROM VERMONT AVE. TO 157' S/O VERMONT AVE. DRWN:F.~.~. ICHKD: D'..S".4,I,t'! DIb"T. MAP [ R/W No. acq2002-00119 EXHIBIT "CIs~ LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT AP NO. 251-051-02 A 1.00 FOOT WIDE STRIPE OF LAND OVER THAT PORTION OF LOT 27 OF ANAHEIM EXTENSION IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL IN 1868 AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF VERMONT AVENUE WITH THE CENTERLINE OF HARBOR BOULEVARD; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF SAID VERMONT AVENUE NORTH 74° 12'00" EAST 34.75 FEET; THENCE SOUTH 15o48'00'' EAST 157.00 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF VERMONT AVENUE TO A POINT ON THE NORTHEASTERLY LINE OF A GRANT DEED DESCRIBED IN PARCEL 1 OF EXHIBIT "ONE" TO DON L. GARCIA AND LISA F. MORALES, RECORDED NOVEMBER 17, 1997 AS INSTRUMENT NO. 19970585376 OF OFFICIAL RECORDS IN THE OFFICE rOF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE NORTH 74° 12'00" EAST 29.06 FEET ALONG THE SAID NORTHEASTERLY LINE TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 16°45'01" EAST 100.01 FEET TO ITS TERMINATION ON THE SOUTHERLY LINE OF SAID PARCEL 1 OF EXHIBIT "ONE". THE SIDELINES OF SAID STRIP SHALL TERMINATE AS FOLLOWS: NORTHERLY AT THE NORTH LINE OF SAID PARCEL 1 OF EXHIBIT "ONE" AND SOUTHERLY AT THE SOUTH LINE OF SAID PARCEL I EXHIBIT "ONE". THE AREA Of THE ABOVE DESCRIBED PARCEL OF LAND IS 100.01 SQUARE FEET. DATED THIS 23"° DAY OF JANUARY, 2003. WALTER F. LL)~IDIN L.S. 7707 REGISTRATION EXPIRES 12/31/04 Sketch of ) EXHIBIT 'DJ' Temporary Construction AP#251-051-02 Easement N.T.S. LEGEND ~ Area of Dedication ~251-o51-o2 AREA=100.01 .~F BASIS OF BEARINGS PM 50-9(317) HARBOR BLVD. N15'48'O0'W CITY OF ANAHEIM[ ~sos PUBLIC WORKS DEPT. [ FROU.257' S/o. TO 157' S/o VERMONT AVE. In~'-~:'r-'~. Icram: ~.~l D~. ~ I R~ No. EXHIBIT "E" LEGAL DESCRIPTION APN :251-051-02 THE SOUTHEASTERLY 100 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 27, ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SURVEYED BY WILLIAM HAMEL, DECEMBER 11, 1868 AND FILED FOR RECORD IN THE OFFICE OF THE CO~ RECORDER OF LOS ANGELES COUlqTY, CALIFORNIA, A COPY THEREOF BEING ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, IN BOOK 3, PAGES 162 ET SEQ., OF "LOS ANGELES COUNTY MAPS", DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF VERMONT AVENIJE, FORMERLY BROAD STREET WITH THE CENTERLINE OF PALM STREET; TI{ENCE NORTHEASTERLY ALONG THE CENTERLINE OF VERMONT AVENUE, 162.09 FkET; THENCE SOLVI~tEASTERLY, PARALLEL WIT}{ THE EASTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN CERTIFICATE OF TITLE NO. 7725, IN TRE OFFICE OF THE REGISTRAR OF TITLES OF SAID ORANGE COUNTY, AND TI{E EXTENSION OF SAID LINE, 257 FEET; TNENCE SOUTHWESTERLY PARALLEL WITH THE CENTERLINE OF VERMONT AVENUE 162.09 FEET TO A POINT IN THE CENTERLINE OF PDJ~M STREET; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF PALM STREET 257 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE PORTION INCLUDED IN VERMONT AVENUE AND PALM STREET. SAID LAND IS SHOWN ON A MAP OF SURVEY RECORDED IN BOOK 11, PAGE 44, RECORD OF SURVEYS, IN T~E OFFICE OF THE CO~ RECORDER OF SAID ORANGE COU1FI~. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby cedify that the foregoing Resolution No. 2003R-152 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 22nd day of July, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, Hernandez, McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None F TI~E-OITY OF ANAHEIM (SEAL)