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2004-231 RESOLUTION NO. 2004- 231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1199 SOUTH STATE COLLEGE BOULEVARD FOR THE PURPOSES OF THE STATE COLLEGE BOULEVARD AND BALL ROAD INTERSECTION IMPROVEMENT PROJECT (R/W ACQ 2003-00151). WHEREAS, the City of Anaheim has been investigating the acquisition of property located at 1199 South State College Boulevard, for the purposes of making public roadway improvements on the circulation element of the General Plan of the City of Anaheim; and WHEREAS, on November 16,2004, 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 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; 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 g 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 ("Property"), for the purposes of widening and improving the State College Boulevard and Ball Road Intersection Improvement Project; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Negative Declaration for the State College Boulevard and Ball Road Intersection Improvement Project; 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 State College Boulevard and Ball Road Intersection Improvement Project which consists of the widening and improving of State College Boulevard and Ball Road, including installation of street landscaping and public utilities. The Location of the Project is depicted generally in the project precise alignment dated October 28, 2003 and presented to the City Council as part of the record of hearing in this matter. SECTION n. The Property to be acquired is located within the City at 1199 South State College Boulevard, (Assessor Parcel No. 234-063-36). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. An easement for public road and public utility purposes to approximately 805 square feet ofthe Property, as more specifically described in Exhibit "A" hereto. B. A temporary construction easement over approximately 161 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 State College Boulevard and Ball Road 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; 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, utilizing the temporary construction easement area for adjusting grade differentials between the planned street and the adjoining real property andlor 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 2 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 shan protect an structures on the temporary construction easement area in place, and shall protect or restore all improvements thereon. Regarding the land described as "TCE A" in Exhibit "C", 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 fun 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 shan 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. Regarding the land described as "TCE B" in Exhibit "C", the rights conferred under this easement shan be effective upon written notice from the City or its contractor to the owner or occupant of the easement area of the initiation of this temporary construction easement, and shall continue in fun force and effect for thirty (30) days thereafter, at which point it shan expire. C. A temporary, nonexclusive construction easement to permit the City, and/or its contractors, to enter onto the area more specifically described as "Parcel A" in the legal description attached hereto as Exhibit "D", for the purposes of constructing or relocating signage, including the replacement and/or relocation of sign faces, poles, footings, wiring or electrical conduits, switches, or other electrical appurtenances for the illumination or operation of signs and sign structures, to maintain the continuity of signage on the property of which the easement area is a part and also to accommodate the public improvements contemplated under the State Conege Boulevard and Ball Road Intersection Improvement Project. The temporary Sign ConstructionlRelocation Easement shall include the right to install curbing or similar structures, to protect the relocated sign and sign appurtenances from vehicular damage. The Temporary Sign Construction/Relocation 3 Easement includes the right to temporarily bring or store equipment, tools, and personnel onto the area of the easement, necessary or convenient for constructing or relocating signage, consistent with the improvements contemplated under the State College Boulevard and Ball Road Intersection Improvement Project. The rights conferred under this easement shall be effective upon written notice from the City or its contractor to the owner or occupant of the easement area of the initiation of this Temporary Sign Construction/Relocation Easement, and shall continue in full force and effect until written notice to the owner of record that the temporary construction notice is no longer needed by the City, or twelve (12) months after notice of the initiation of the temporary construction easement, whichever is earlier. D. A temporary, nonexclusive construction easement to permit the City, and/or its contractors, to enter onto the area more specifically described as "Parcel B" and "Parcel C"in the legal description attached hereto as Exhibit "D", for the purposes of constructing or relocating driveway and other vehicular or pedestrian access facilities, to safely maintain the passage of pedestrian and vehicular access between the public rights of way and the property of which the area described in Exhibit "D" is a part, and also to accommodate the public improvements contemplated under the State College Boulevard and Ball Road Intersection Improvement Project. The Temporary Driveway ConstructionlRelocation Easement shall include the right to install curbing or similar structures within the area of the easement, to direct vehicular traffic to the relocated driveway facilities, or protect the relocated driveway or access facilities from vehicular damage. The Temporary Driveway ConstructionlRelocation Easement includes the right to temporarily bring or store equipment, tools, and personnel onto the area of the easement, necessary or convenient for constructing or relocating driveway or other vehicular pedestrian access facilities, consistent with the improvements contemplated under the State College Boulevard and Ball Road Intersection Improvement Project. The rights conferred under this easement shall be effective upon written notice from the City or its contractor to the owner or occupant of the easement area of the initiation of this Temporary Driveway ConstructionlRelocation Easement, and shall continue in full force and effect until written notice to the owner of record that the temporary construction notice is no longer needed by the City, or twelve (12) months after notice of the initiation of the temporary construction easement, whichever is earlier. 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 State College Boulevard and Ball Road 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 4 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 has been designed to preserve a minimum of 10- feet of width between the public right of way and the nearest fueling station so as to conform to the Uniform Fire Code Standards for service station drive aisles. 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. 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 August 13, 2004 and October 4, 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 Vll. 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 California 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 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. 5 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16 day of Nov. 2004, by the following roll call vote: AYES: Mayor Pringle, Council Members Tait, Chavez, McCracken, Hernandez NOES: None ABSENT: None ABSTAIN: None CITY OF AlJHEIM By ~ MA YOR OF THE CIT 6 EXHIBIT 'A' ACQ2003-JUIIHIU DC) \ 'i I APN234-063-36 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 6 AT PAGE 41 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL ROAD, AS SHOWN ON SAID PARCEL MAP; THENCE, NORTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD NORTH 00059'14" EAST (SHOWN AS BEING NOoo05'32"E ON SAID PARCEL MAP), 203.00 FEET; THENCE, LEAVING SAID CENTERLINE WESTERLY ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID PARCEL 2, AS SHOWN ON SAID PARCEL MAP NORTH 89009' 26" WEST 53.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHOWN ON SAID PARCEL MAP, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00059'14" WEST 125.06 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE, CONTINUING SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY AND ALONG SAID CURVE 39.21 FEET THROUGH A CENTRAL ANGLE OF 89051'35" TO THE NORTHERLY RIGHT OF WAY OF BALL ROAD (53' HALF WIDTH) AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG LAST SAID RIGHT OF WAY NORTH 89009'11" WEST 5.33; THENCE, LEAVING LAST SAID RIGHT OF WAY NORTH 47019'04" EAST 36.21 FEET TO A POINT ON A LINE BEING PARALLEL WITH AND 4.08 FEET WESTERLY OF SAID WESTERLY RIGHT OF WAY OF STATE COLLEGE BOULEVARD; THENCE, NORTHERLY ALONG LAST SAID PARALLEL LINE NORTH 00059'14" EAST 125.06 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2; THENCE, EASTERLY ALONG SAID NORTHERLY LINE SOUTH 89009'26" EAST 4.08 FEET TO THE POINT OF BBGI~NG. CONTAINING: 805 SQ. FT., MORE OR LESS ALSO AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF~. PREPARED E SCHAMBER, P.L.S. 7408 MY LICENSE EXPIRES 12/31/2005 SEPTEMBER 24, 2003 IN: 14059.00.000 V:\ProjCCIS\140S9.~unnap\DOC\LEGALS\J04I_R W -APN_234-063- 36.DOC Page 1 of 1 J ,ASIS OF BEARINGS EXHIBIT 'A ACQ 2003-XXXXX A.P.N. 234-0G3-3G THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN OCS HORIZONTAL CONTROL :;OPS S T A TION 0128 AND GPS S T A TION 309G BEING " 00.59'14" E PER RECORDS ON FILE IN THE JFFICE OF THE COUNTY SURVEYOR. ) = RECORD DATA PER P.M.B. G/41 THIS PLAT WAS PREPARED FROM REGORD DATA. V> ~ r- !:1 --. .. II .t:., c ,.. I ct 5' EXHIBIT WAS PREPARED ME OR UNDER MY DIRECTION. ~, P.l.S. 7408 LICENSE EXPIRES 12/31/05 ;15\ '4059.00\ SUR&W'\ OWG\ SY/./fOOO8.0WG Q> r' :-.<Y ~ ~~) . \,\ c-t) ~) (0 Cf". l C) . ~f )' '\, ~ \Cf" C ,,~ 'V.-<.. )~I () C II ~ (~.J ~~. ,<.;, ~';' ~\ A.P.N. 234-0G3-3G P J-\Fj eEL 2 PJvLB. 6/4-j AREA = :1:805 SQ. FT. :: I 1,. I ::t 0 I aQ ~nl a If) a I I '" ~ P.o.c~ .- _ 58"'OQ"1""[ 83.14' I" NO. Cl S8CfO'l'2G"E 4.08' I.. {:./. glijq .0:: If) N .:N .,..... .:.:....... ILl I::: :: ~II\~ 8/,8 Z [:., \f) SHEET 1 OF 1 CURVE TABLE RADIUS DEL T A 25.00' 8Cf51 '35" LENGTH 3'1.21' II I I 10 o IL 53.00' 1 ------ N8Cf09'2CO"W P/L/ PROD I o O!: <{ > u.J --.J ::J o (() _ lLJ a C) ~ lLJ o ...... --.J N ILl --.J b.J1 ~ 0 ~ r> !"" If) 0 (I"" 0 If)' . a I. I a a 1..1-1 ~ b \- <{ \- U) 0-1 ~ N8Cf09'n"w 5..33' -- The Keith comp.niesl~C 19 Technology Drive, Irvine, CA 926'8 (949) 92J-6000 DATE: 09/24/03 JOB NO. , 4059.00.000 EXHIBIT -.It C. II ACQ2003-001S1 (MOBIL) APN 234-063-36 TEMPORARY CONSTRUCTION EASEMENTS TCE A ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 6 AT PAGE 41 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITH A 1.00 FOOT WIDE STRIP, THE EASTERLY AND SOUTHEASTERLY SIDELINES OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL ROAD, AS SHOWN ON SAID PARCEL MAP; THENCE, NORTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD NORTH 00059'14" EAST (SHOWN AS BEING NOoo05'32"E ON SAID PARCEL MAP), 203.00 FEET; THENCE, LEAVING SAID CENTERLINE WESTERLY ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID PARCEL 2, AS SHOWN ON SAID PARCEL MAP NORTH 89009'26" WEST 53.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHOWN ON SAID PARCEL MAP; THENCE, SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00059' 14" WEST 125.06 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE, CONTINUING SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY AND ALONG SAID CURVE 39. 21 FEET THROUGH A CENTRAL ANGLE OF 89051' 35" TO THE NORTHERL Y RIGHT OF WAY OF BALL ROAD (53' HALF WIDTH) AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG LAST SAID RIGHT OF WAY NORTH 89009' 11" WEST 5.33 TO THE POINT OF BEGINNING; THENCE, LEAVING LAST SAID RIGHT OF WAY NORTH 47019'04" EAST 36.21 FEET TO A POINT ON A LINE BEING PARALLEL WITH AND 4.08 FEET WESTERLY OF SAID WESTERLY RIGHT OF WAY OF STATE COLLEGE BOULEVARD; THENCE, NORTHERLY ALONG LAST SAID PARALLEL LINE NORTH 00059' 14" EAST 42.16 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE, CONTINUING ALONG SAID PARALLEL LINE NORTH 00059'14" EAST 33.94 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE, CONTINUING ALONG SAID PARALLEL LINE NORTH 00059'14" EAST 48.96 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2, LYING NORTH 89009'26" WEST 4.08 FEET FROM THE NORTHEAST CORNER THEREOF, AS MEASURED ALONG SAID NORTHERLY LINE, SAID POINT ALSO BEING THE POINT OF TERMINATION. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED SO AS TO INTERSECT NORTHERLY IN SAID NORTHERLY LINE OF PARCEL 2, SOUTHERLY IN SAID NORTHERLY RIGHT OF WAY OF BALL ROAD AND SHALL MEET AT ANGLE POINTS. V :\PROJECTS\ 14059.00\sunnap\DOC\LEGALS\ TCE\3041- TCE-APN _234-063-36.DOC Page 1 of2 EXCEPTING THEREFROM THAT PORTION HEREIN BELOW DESCRIBED AS TCE "B". TCE B A ONE-FOOT-WIDE STRIP LYING NORTHERLY OF A LINE DRAWN AT RIGHT ANGLES THROUGH THE HEREINABOVE DESCRIBED POINT 'A' AND LYING SOUTHERLY OF A LINE DRAWN AT RIGHT ANGLES THROUGH THE HEREINABOVE DESCRIBED POINT \B'. ALSO AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. OF: OR A. SCHAMBER, P.L.S. 7408 MY LICENSE EXPIRES 12/31/2005 JULY 21, 2004 IN: 14059.00.000 V :\PROJECTS\ 14059 .00\surmap\DOC\LEGALS\ TCE\3041- TCE-APN _ 234-063- 36.DOC Page 2 of2 SHEET 1 OF 1 EXHIBIT 'B' ACO 2003-00151 (MOBIL) A.P.N. 234-0G3-3<O TEMPORARY CONSTRUCTION EASEMENTS BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN OCS HORIZONTAL CONTROL GPS STATION 0128 AND GPS STATION 309<0 BEING N 00"59'14" E PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. THIS PLAT WAS PREPARED FROM RECORD DATA. c). C)~) 0) 1'\ (" ( ) = RECORD DATA PER PM.B. <0/41 cY r')' r~.O ~) c /'/,1 " C) . tr) () ~ A.,\ri,; ''1.'<'' ~ ~\ () (/,I ~ (~.f ~\'-' '" <" ~;; '\'\ U) ~ r- f":l - II -1>0. a ~ I ct THIS EXHIBIT WAS PREPARED BY OR UNDER M DIRECTION. V: \ PROJECTS\ 14059.00\ SURMAP\ OWG\ SYME 1 008. DWG A.P.N. 234-0<03-3<0 P J\F1CE:L 2 P ,M,EL 6/ -4.J TCE A: AREA = :!:127 SQ. fT. P.O.B. CURVE TABLE NO. RADIUS DEL T A C1 25.00' 8<151'35" LENGTH 39.21' NB9"09 '2<O"W 4.oB' I I 1 II I, I 53.DO' -1 N8<109 '2<O"W P /L/ PROD P.O.T. lLJ o lLJ --.J --.J o U 1.0 'TCE POINT '5' D OL <( > lLJ --.J =:) o CO TCE B: AREA=t34 SQ.FT. POINT 'A' 1.0 'TCE LU "<t ~ ::- ::- cr cr 10. 10 O~ 0 Or-: 0 ZN "<t If) . o Q lLJ !') o ~ i- N ~ <( ~ ~ i- ;!I~ J) . 0 cr " 10 0 ,.." b 0 \...:::I o 6- z ~. I .:'t"0 ~ QI " !') 010 o U) ~~ N59'09'11"W 5.33' P.D.C. SB9'OQ'11"[ 83.14' The Keith camPBn;eSITK..C 19 Technology Drive, Irvine, CA 92618 (949) 923-6000 DATE: 07/21/04 JOB NO. 14059.00.000 to -'-' EXHIBIT 'D' ACQ2003-00~5~ APN234-063-36 TEMPORARY CONSTRUCTION EASEMENTS FOR DRIVEWAYS & SIGN RELOCATION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 6 AT PAGE 41 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEING A STRIP OF LAND 7.00 FEET WIDE THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMHBNCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL ROAD, AS SHOWN ON SAID PARCEL MAP; THENCE, NORTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD NORTH 00059'14" EAST (SHOWN AS BEING NOoo05'32"E ON SAID PARCEL MAP), 203.00 FEET; THENCE, LEAVING SAID CENTERLINE WESTERLY ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID PARCEL 2, AS SHOWN ON SAID PARCEL MAP NORTH 89009' 26" WEST 53.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG SAID NORTHERLY LINE NORTH 89009' 26' 4.08 FEET TO A POINT ON A LINE BEING PARALLEL WITH AND 4.08 FEET WESTERLY OF SAID WESTERLY RIGHT OF WAY OF STATE COLLEGE BOULEVARD; THENCE, SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00059'14" WEST 21.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE, CONTINUING ALONG SAID PARALLEL LINE SOUTH 00059'14" WEST 84.96 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE, CONTINUING ALONG SAID PARALLEL LINE SOUTH 00059'14" WEST 19.10 FEET; THENCE, LEAVING SAID PARALLEL LINE SOUTH 47019'04" WEST 15.58 FEET TO THE POINT OP BBGINNJ:NG; THENCE, NORTH 42040'56' WEST 14.00 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING: 98 SQ. FT., MORE OR LESS THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED SO AS J.'O INTERSECT SOUTHEASTERLY IN A LINE DRAWN AT RIGHT ANGLES THROUGH SAID POINT OF BEGINNING AND NORTHWESTERLY IN A LINE DRAWN AT RIGHT ANGLES THROUGH SAID POINT OF TERMINUS. PARCBL B BEING A STRIP OF LAND 30.00 FEET WIDE THE CENTERLINE BEING DESCRIBED AS FOLLOWS: V:\Projects\l40S9.00'&unnap\DOC\LEGALS\TCE\3041_ TCE2-APN _ 234-06J-J6.DOC Page 1 ofl 4: J 'I h \,-,,/ BEGINNING AT THE HEREINABOVE DESCRIBED POINT 'B'; THENCE, NORTH 89000'46" WEST 2.00 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE . CONTAINING: 60 SQ. FT., MORE OR LESS THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED SO AS TO INTERSECT EASTERLY IN A LINE DRAWN AT RIGHT ANGLES THROUGH SAID POINT OF BEGINNING AND WESTERLY IN A LINE DRAWN AT RIGHT ANGLES THROUGH SAID POINT OF TERMINUS. PARCEL C BEING A STRIP OF LAND 42.00 FEET WIDE THE CENTERLINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE DESCRIBED POINT 'A'; THENCE, NORTH 89000'46" WEST 2.00 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING: 68 SQ. FT., MORE OR LESS THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED INTERSECT EASTERLY IN A LINE DRAWN AT RIGHT ANGLES THROUGH SAID BEGINNING, WESTERLY IN A LINE DRAWN AT RIGHT ANGLES THROUGH SAID TERMINUS AND NORTHERLY TO THE NORTHERLY LINE OF PARCEL 2 AS HEREINABOVE . SO AS TO POINT OF POINT OF DESCRIBED ALSO AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. V:\Projccts\140S9.00\surmap\DOC\LEGALS\ TCE\3041- TCE2-AI'N _ 234"()63- 36.DOC Page 2 of2 \ : ~ It LINE TABLE NE BEARING .1 500'59'14"W 2 500'5q'14"W ~ 500'5q'14"W 4 54,1'1'04 'W ') S4,lq'04 'W ~ N42'40'5G"W 7 N8'f00'4G"W ~ N8'f00 '410 'W It) ~ r- ~ - " II .".. ~ ~ I --~ --.- - ---_._~- -------. S\-\EEI 1 OF 1 EXHIBIT 'D' ACQ 2003-00151 A.P.N. 234-0(03-3(0 TEMPORARY CONSTRUCTION EASEMENTS FOR DRIVEWAYS E SIGN RELOCATION ct BALL ROAD~ LENGTH 21.00' 84.'110' 1'1.10 ' 15.58' 20.103' 14.00' 2.00' 2.00' VE A. SCHAMBER, P.L.S. 7408 CENSE EXPIRES 12/31/05 \ '4059.00\SURAIAP\OWG\5nlE.J008.0WG C)G.> fb c' ~\ Q) ;...,0 0 /I? 0'<.. ~O ,\fl,.0 " ",A., '/0<" q? I.(<-~ ~~' ',\ ,,~' BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN OCS HORIZ.ONTAL CONTROL GPS STATION 0128 AND GPS STATION 309G BEING N 00'5'1'14" E PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. THIS PLAT WAS PREPARED FROM RECORD DATA. ( ) = RECORD DATA PER P.M.B. 10/41 . 4.08'1 N89'09'2r"W P/L/ PROD \0 N8'f0'l'2G"W 4.08' 53.0~ d PARCEL C ( AREA = :1:54 SQ. FT. L8 A.P.N. 234-0G3-3G 2.0' TCE o OL <( > lU -I :) 8 0 1')...... t:O o~ NN I') \.L.1 ~I;o l5 :! 9 I. I - 0 U-.I ~ 0 -I b 6 ....J 2 0 o POINT 'A' P.O.B. PCl C PAHCEL 2 P.fvJ.8. 6/4-1 PARCEL B AREA = tGO L7 POINT 'B' P.O.B. PCl B \.L.1 r- <( \- U> 8-1 PARCEL A AREA = t95 SQ. FT. EXISTING R/WJ- P.O.B. PCl A ~ u- - I ::to oC! !O I') I 010 o \f) \L- P.O.C. S89'0'l'11"E 83.14' The Keith compsnies/TK.C 19 TflChnology Drive, Irvin" C4 92618 (949) 92J-6ODO OAT[; 02/04/04 JOB NO. 14059.00.000