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2004-200RESOLUTION NO. 2004-200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 8020 EAST SANTA ANA CANYON ROAD FOR THE PURPOSES OF THE PARK SUBSTATION PROJECT (R/W ACQ No. 5925). WHEREAS, the City of Anaheim has been investigating the acquisition of property located at 8020 East Santa Ana Canyon Road ("Property") for the purposes of constructing an electrical substation and associated distribution and transmission facilities; and WHEREAS, on September 14, 2004, after no less than fifteen (15) days following written notice dated July 22, 2004 to the owners of the Property referenced above, and more specifically described in the legal descriptions attached hereto as Exhibits "A", "C" and "D", 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 regarding the City's identification of the "Project", and on the following matters: A. Whether the public interest and necessity require the Project; Bo 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 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 constructing an electrical substation and associated distribution and transmission facilities; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Negative Declaration for the Park Substation Project approved by the City Council on December 16, 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 Park Substation, which consists of an underground electrical substation together with underground transmission and distribution lines, as well as a public park to be developed on the. surface land above he proposed substation. The Project os to be constructed upon a 2.27 acre parcel of land presently owned by the City of Anaheim located generally south of Festival Drive at the intersection of Roosevelt Road, Bauer Road, Monte Vista Road and Festival Drive, and within the portions of the Property described herein. SECTION II. The Property to be acquired is located within the City at 8020 East Santa Ana Canyon Road, APN 354-451-20. The portions of Property the City seeks to acquire, and the property interests sought, consist of the following: Ao Fee simple title to approximately 4,042 square feet of the Property, as more specifically described in Exhibit "A" and "A- 1" hereto. Bo A non-exclusive easement in favor of the City of Anaheim for vehicular ingress and egress over approximately 4,510 square feet of the Property, more specifically described in Exhibits "C" and "Co l"hereto. The non-exclusive vehicular ingress and egress easement shall consist of the interests described below: The right for City of Anaheim, its officers, agents, employees, and contractors, at any time, and from time to time, to enter upon, occupy, and pass over the easement area more specifically described in the legal description as deemed reasonably necessary for all purposes incidental to the "Project". The easement shall include the right to perform within the easement area, any installation, construction, use, maintenance, repair and removal of driveways which are reasonably incidental to the work being performed on said property in connection with the Project. Co A nonexclusive easement in favor of the City of Anaheim for public utilities consisting of approximately 7,852 square feet of the Property, more specifically described in the legal description attached hereto as Exhibits "D" and "D-I". Said easement for public utilities shall consist of the interests described below: The right for the City of Anaheim, its officers, agents, contractors and employees, to construct, reconstruct, replace, repair, reconfigure, renew, modify, operate, use, maintain, inspect, relocate, resize, upgrade, enlarge, alter, add to, improve and remove any and all public utility facilities, fixtures, structures, and appurtenances through, under and over the above described portions of the Property together with reasonable rights of ingress and egress thereto, including the right to enter onto said portion of the Property with such vehicles, machinery, personnel, equipment and machinery as may be necessary or convenient to the City of Anaheim for public utility purposes. The City of Anaheim acknowledges that following any installation, excavation, maintenance, repair or other work by the City .within the Easement area, the affected area within said easement will be restored by the City to a condition which is at least equal to the condition of said affected areas which existed prior to the commencement of such work by the City, at the sole expense of the City. SECTION III. The public interest and necessity require the Project, in that the electrical substation is essential in order for Anaheim Public Utilities to meet present and future power demand in the eastern area of the City, as identified and discussed in the 2002 Electric System Planning Study. SECTION IV. The Project is located in a manner most compatible with the greatest public good and least private injury, in that (i) the City already owns the 2.27 acre parcel adjacent to Festival Drive, on which the Project would be situated, which minimizes the amount of property which would otherwise have to be acquired, and (ii) the Property being acquired herein consists of landscaped slope areas, which will be re-landscaped, and private street improvement, which will be restored to their existing use and condition. The Project will serve the dual purpose of providing increased electrical system reliability and capacity through the underground substation, while at the same time, providing a park on the surface above the station for use of the neighborhood, improving both aesthetic quality of the neighborhood and enhancing recreational opportunities, enhancing the public good in both manners. SECTION V. The Property is necessary for the proposed Project, in that the portions of the Property designated herein are required for retaining walls, electric utility transmission and distribution, and for vehicular ingress and egress to the facility. SECTION VI. The offer required by Government Code § 7267.2 has been made to the record owners, by waY of a letter dated June 2 l, 2004. 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 §§ 1240.5 l0 and 1240.610. SECTION VIII. The Project has been reviewed and approved under the Califomia Environmental Quality Act by way of certification of Negative Declaration, 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 Ciby 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 14t:h day of Sept:ember ,2004; by the following roll-call vote: AYES:Mayor Pringle, Council Memberg Chavez,' Tait, Hernandez, McCracken NOES: none ABSTAIN: none ABSENT: none ATTEST: II~~y CLERK OF ~HI~T'~F ANAHEIM CITY OF ANAHEIM 51891.15A EXHIBIT A & A-I Fee Simple Taking EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF PARCEL 'A", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 255, PAGES I THROUGH 4, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID PARCEL "A" BEING DESCRIBED AS "N 78°30'41" E 336.91'" AS SHOWN ON SAID PARCEL MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78°30'41" WEST 243.98 FEET TO THE INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARALLEL WITH AND 28.15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4; THENCE NORTHWESTERLY ALONG THE PRONGATION OF SAID PARALLEL LINE NORTH 19°26'47" WEST 18.36 FEET TO A LINE PARALLEL WITH AND 62.00 FEET SOUTHEASTERLY OF THE NORTHERLY LINE OF SAID PARCEL 'A"; THENCE ALONG SAID PARALLEL LINE NORTH 79°13'58" EAST 213.40 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 238.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 04°49'47" WEST; THENCE NORTHEASTERLY ALONG SAID NONTANGENT CURVE THROUGH A CENTRAL ANGLE OF 10°43'37" AN ARC DISTANCE OF 44.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL "A", SAID POINT BEING ON A NONTANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 395.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 43°20'58" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND EASTERLY LINE THROUGH A CENTRAL ANGLE OF 00°20'30- AN ARC DISTANCE OF 2.35 FEET TO THE NORTHERLY LINE OF SAID PARCEL 4; THENCE CONTINUING SOUTHWESTERLY ALONG SAID EASTERLY LINE OF PARCEL 'A' AND NORTHERLY LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE OF 01 °24'50" AN ARC DISTANCE OF 9.75 FEET TO THE POINT OF BEGINNING. CONTAINING 4,042 S.F., MORE OR LESS. MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY. PREPARED BY JOE R. BUCKNER P.L.S. NO. L007206 DATE EXHIBIT [;i(ETC"tl TO ACCOlvlPANY A I, BGAi, ~~~. PROPERTY AOQulsI~ON p. 714.{35.0238 F.×HII~IT A-! EXHIBIT C & C-I Vehicular Ingress/Egress Easement LEGAL DESCRIPTION THAT PORTION OF PARCEL "A', IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 255, PAGES I THROUGH 4, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID PARCEL "A' BEING DESCRIBED AS 'N 78'30'41" E 336.91'" AS SHOWN ON SAID PARCEL MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78'30'41" WEST 243.98 FEET TO THE INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARALLEL WITH AND 28.15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE PROLONGATION OF SAID PARALLEL LINE NORTH 19'26'47" WEST 81.08 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL "A". EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID PARCEL 'A" BEING DESCRIBED AS "N 78'30'41' E 336.91 '" AS SHOWN ON SAID PARCEL MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78'30'41" WEST 243.98 FEET TO THE INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARALLEL WITH AND 28..15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4; THENCE NORTHWESTERLY ALONG THE PRONGATION OF SAID PARALLEL LINE NORTH 19°26'47" WEST 18.36 FEET TO A LINE PARALLEL WITH AND 62.00 FEET SOUTHEASTERLY OF THE NORTHERLY LINE OF SAID PARCEL 'A"; THENCE ALONG SAID PARALLEL LINE NORTH 79'13'58' EAST 213.40 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 238.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 04'49'47" WEST; THENCE NORTHEASTERLY ALONG SAID NONTANGENT CURVE THROUGH A CENTRAL ANGLE OF 10'43'37" AN ARC DISTANCE OF 44.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL "A", SAID POINT BEING ON A NONTANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 395.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 43'20'58" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND EASTERLY LINE THROUGH A CENTRAL ANGLE OF 00°20'30" AN ARC DISTANCE OF 2.35 FEET TO THE NORTHERLY LINE OF SAID PARCEL 4; THENCE CONTINUING SOUTHWESTERLY ALONG SAID EASTERLY LINE OF PARCEL "A" AND NORTHERLY LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE OF 01 °24'50" AN ARC DISTANCE OF 9.75 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE NORTHERLY 45.00 FEET. EXHIBIT C CONTAINING 4,510 S.F., MORE OR LESS. MORE PARTICULARLY SHOWN ON EXHIBIT "B' ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY. PREPARED BY JOE R. BUCKNER P.L.S. NO. L007206 DATE L~ eo. qm~/~.r,4 I n,4of~ j u~m ! ~ I ~ o~.:4~' I ~SZ~o' ~.~' i ~ I ~2 o2"~" ~ ~.~' /o./7' / M I LI i ~'~7~ - ~ I~' ~ ~ // ~ P~6~ 4, P~. 1~4-25 ~,"' ,,~E~ ~A~ TO ~ ,1~ J~  A.P. NO.: 554~51-20 R/ 0.: ~HICULAR INGRESS/E~ESS EA~MENT ~ ~ Zl~W. ~~ A~.. ~lte 110 ~ p. '/14.935.0239 ~ '~ """"'""' CITY OF ANAHEIM EXHIBIT C-1 EXHIBIT D & D-I Public Utility Easement LEGAL DESCRIPTION THAT PORTION OF PARCEL 'A", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 255, PAGES 1 THROUGH 4, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID PARCEL 'A" BEING DESCRIBED AS "N 78'30'41" E 336.91'" AS SHOWN ON SAID PARCEL MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78'30'41" WEST 243.98 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH A LINE PARALLEL WITH AND 28.15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE PROLONGATION OF SAID PARALLEL LINE NORTH 19'26'47" WEST 81.08 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL "A". EXCEPTING THEREFROM THOSE PORTIONS INCLUDED WITHIN PARCELS 3, 25, AND 78 OF AN EASEMENT DEED RECORDED APRIL 21, 1994 AS DOCUMENT NO. 94-0278373, RECORDS OF ORANGE COUNTY. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF SAID PARCEL 'A' BEING DESCRIBED AS 'N 78'30'41" E 336.91'" AS SHOWN ON SAID PARCEL MAP, SAID COURSE ALSO BEING THE NORTHERLY LINE OF PARCEL 4 AS SHOWN ON A PARCEL MAP FILED IN BOOK 184, PAGES 24 AND 25 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY ALONG SAID COURSE AND NORTHERLY LINE SOUTH 78°30'41' WEST 243.98 FEET TO THE INTERSECTION OF SAID COURSE AND NORTHERLY LINE WITH A LINE PARALLEL WITH AND 28.15 FEET SOUTHWESTERLY OF THE WESTERLY LINE OF SAID PARCEL 4; THENCE NORTHWESTERLY ALONG THE PRONGATION OF SAID PARALLEL LINE NORTH 19°26'47" WEST 18.36 FEET TO A LINE PARALLEL WITH AND 62.00 FEET SOUTHEASTERLY OF THE NORTHERLY LINE OF SAID PARCEL 'A"; THENCE ALONG SAID PARALLEL LINE NORTH 79"13'58" EAST 213.40 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 238.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 04°49'47" WEST; THENCE NORTHEASTERLY ALONG SAID NONTANGENT CURVE THROUGH A CENTRAL ANGLE OF 10'43'37" AN ARC DISTANCE OF 44.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 'A", SAID POINT BEING ON A NONTANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 395.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 43°20'58' EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND EASTERLY LINE THROUGH A CENTRAL ANGLE OF 00°20'30" AN ARC DISTANCE OF 2.35 FEET TO THE NORTHERLY LINE OF SAID PARCEL 4; THENCE CONTINUING SOUTHWESTERLY ALONG SAID EASTERLY LINE OF PARCEL '%" AND NORTHERLY LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE OF 01 '24'50" AN ARC DISTANCE OF 9.75 FEET TO THE POINT OF BEGINNING. EXHIBIT D CONTAINING 7,852 S.F., MORE OR LESS. MORE PARTICULARLY SHOWN ON EXHIBIT 'B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY. PREPARED BY JOE R. BUCKNER P.L.S. NO. L007206 DATE LII~,UeVE ~2 ~,~ LI /_2 N/q°.28 H7"H - 1.~ 1,104 ~j21q ~ - I~,L. 7~ PER DOGUh~NT NO. q4.-O2'l,D..~7~, OR. NORmERL Y LiI~ OF PCL. 25 PER lXY__IIb'ENT N~. q4-o27~'d, O.R. G2 PGL. c3 PER DOCI. g-~'"NT NO. q4.-O27,D,.,~l~, OR. N 04'4q'47' lq PCL. 7,9 PER ~ NO. q4..027~.~i~, O.R. P.M.B. 2~5/I-4, NOR~ Y LII~ ~' ~ - 15' PARCEL 4, P.I'4.B. ',,5 ~ PER P.H.B. IZ)4/24-25 7,~52 5.F. ^.P. NO.: ,954-451-,20 R/W NO.: 2100 W. Gmngewood Ave.. Suite 110 Orange. CA 92B~8 p. 714.t3SJ)Z3B f. 714,93S.1028 PUBLIC UTILITY EASEMENT POR. PARC, EL 'A ' ~:'.bt. ti. 255/1-4 CITY OF ANAHEIM 5/04 EXHIBIT D-1