2005-042RESOLUTION NO.2005R- 42
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING NUNC PRO TUNC RESOLUTION
NO. 1997R-149 TO CORRECT LEGAL DESCRIPTION OF
PORTIONS OF PROPERTY ACQUIRED BY THE CITY AT
1779 SOUTH HARBOR BOULEVARD
WHEREAS, the City of Anaheim passed its Resolution No. 1997R-149 on August 5,
1997, authorizing the acquisition by eminent domain of various portions of property located at
1779 South Harbor Boulevard as part of the widening and improving of Katella Avenue; and
WHEREAS, that resolution led to the filing of an action in eminent domain to acquire
portions of property at 1779 South Harbor Boulevard, entitled City of Anaheim v. Steven L.
Gumpert, et al., Orange County Superior Court Case No. 784067 ("Action"); and
WHEREAS, Final Judgment in the Action was entered on or about June 14, 1999; and
WHEREAS, it appears that the legal descriptions attached to Resolution 1997R-149, and
the Judgment in the Action contained a clerical error; and
WHEREAS, both the City and the owners of the property at issue wish to request the
court to modify the Judgment in the Action, to reflect the correct legal descriptions of the
property which was the subject of the Action; and
WHEREAS, the City likewise wishes to correct Resolution No. 1997R-149, to assure
consistency between this resolution and the Judgment as the City and owners of the property will
request the court to modify it;
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. Resolution No. 1997R-149, first adopted August 5, 1997, is hereby
amended, nunc pro tunc, to delete all legal descriptions attached thereto, and to replace such
stricken legal descriptions with the corrected legal descriptions attached hereto as Exhibit "A,"
describing parcels 1 through 3.
SECTION II. The City Council finds that this amendment is one which simply corrects a
clerical error in the original Resolution 1997R-149, and therefore intends this amendment
providing for the correct legal description shall be and is effective dating back to the original
passage of Resolution 1997R-149 on August 5, 1997, and therefore enters this amendment nunc
pro tunc.
54 U 1 ~ 3"7-005"
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SECTION III. The law firm of Rutan & Tucker, LLP, special counsel for the City of
Anaheim, and the City Attorney are hereby authorized to prepare in the name of the City, such
proceedings in the proper court having jurisdiction thereof, as are necessary for the amendment
of the Judgment and any Final Order entered in the Action, to conform with the terms of this
Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 12th day of April , 2005, by the following roll-call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF ANAHEIM
MAYOR OF THE F ANAHEIM
ATTEST:
!L
,' ITY KERK
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EXHiB1T "A"
PARCELI
FEE SIMPLE ACQUISITION
A portion of the Sou[hea,c quarter of the Southeast quarter of the Southwest quarter of Socaon
22, Township 4 South, Range 20 Wcsc, in ~ S.B.M., as pet asap recordod ~a Sook 51, pages 10
of MisczUaneous Maps, records of said Orsn~e Counry, described aS follows:
Patl A
Beginning at the centerline intersection of Katells Avea~ and Harbor Boulevard as shown on a
map filed in Book 72, page 32 of Records of Survey, in the offux of the Counuy Recorder of
Orange County; thence along the ceat~erline of Katella Avenue S89°54'21"W, 195.19 feet 159.49
tA.) thence N00°05'39"W, 72.00 feet (21.95 rn.) to a point on tt~e existing noethetly right-of--way
tine of Katetla Avenue. sand point bciAg the True Point of Heginniag and designated aS PT. A ou
Exhibit 8; thence N00° 14'24"W, l .16 feet (0.35 m.); thence N77° I3' 32"E, 5.60 fee[ (l .71 m.) to
a point on a tangent curare concave Sovcbcasterly having a radius of 66.00 feet (20.12 ta.); cbepoe
Northeasterly along said curve chrnugtz a oeattal angle of 12°40'49" an arc distance of 14.61 feet
(4.45 m.) to a point on a cangept line; chenee N89°54'21''E, 30.80 feet (9.39 rte) to a poictt ott a
non-tangent curve concave Northwesterly having a radius of 100.00 feet (30.48 m.), frotu said
point a radial lint bears N16°21' 17"W; thence Southwesterly along said curve through a ceAtral
angle of 16° 15'3$'' as arc distance of 28.38 feet (8.65 ra.) to a point on a tangent line thence
S89°54'21"W, 22.75 feet (6.93 tn.) to the True Point of 8egitusing; aid
P
Beginning at the centerline intersection of Katclla Avenue and H~at~or 8aulevard as shown on a
chap filed iA Book 72, page 32 of Records of Survey, iA the office of the County Recorder of
Orange County; thence along the centerline of Harbor Boulevard N00°l4'30"W, 195. t6 feet
(59.8 rn.); thence S89°45'30nV~, 72.00 feet (21.95 rn.) to a point op the existing westerly rigtu-
of-way line of Harbor Boulevard, said point being ct~e True Point of 8egittning aAd designated as
PT. B oa Fachibit 8; thence S00°14'30"E, 22.72 feet (6.92 a~) to a poiiu oa a tangent cwve
concave Northwesterly having a radius of 100.00 feet (30.48 m.); thence Southwesterly along
sa-d curve through $ central angle of 16°15'37" an arc distance of 28.3$ finer (8.65 m.) to a point
nn anon-tangent line, from said point a radial line bears N73°58'53"W; thence N00°14'30"W,
SO 73 feet (15.46 rte); thence N69°SS'04E, 4.00 feet (1.22 tn.) to the Point of True Beginning.
CONTAINING 312 SQUARE FEET 129 m=) MORE O8 LESS.
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PARCEI.2
TBMPORARY CONSTRUC770N EASEMENT
~"-~ ~ x..'1,1. ~a~,' ~AI.A~~'.~V' •fR• ,eT~- ;R~fT 1
A one (1) foot strip of land lying itnrnediatety $~jaccnt to ~~ of Parcel 1, Part A
ahovz, and a one (l) f~~ri~of land lying immed_ iately adjacett~lo ~ st of T'accel 1, Part B
1 " ~ .L
above. _ ..,_,~ .~; - ~ _ - ._ ~~ .,
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~ ~ ~ PARCEL 3 ~ .
GRANT OF ACCESS EASEM~1N 1'
EXHIBI'T' "D"
An ingness/egiess casetncnt over. under and across that portion of the Southeast Quarter of the
Soutl~easc Quartcr of the Southwest Quarter of Section 22, Township 4 South, Raagc 10 West in
the S ~ .$.M.. as per map recorded in Book S 1. Page 10 of Misccllancous Maps. records of
Orange County, California, descn~ed as follows:
aeginning at the centerlipe intersection of Karelia Avenue and Harbor aoulevard as sh~wp ou a
rnap filed in Book 72, Page 32 of Ziecords of Survey, in the office of the County Recorder of said
orange County: thence along the centeclipe of Katella Avenue S89°54'21 "W, 195.19 feet (59.49
m.); thence N00°05'39"W, 60.00 feet (18.29 m.) co a point on the existing northern right-of-way
fine of KateUa Avenue; thence continuing N00°OS'39"W~ 13.16 fact (4.01 tn.) to a point. said
point being the True Point of 8egwaiag; thence S77°13'3T"W, 12.76 feet (3.89 tn.) w a poicu on
8 RoA-[dngCAt Curve CODCave CaSt~Tly, baying a radius of 30.00 feet (9.14 m.), from said point a
radial !:nc bears S87° 17'06'x; thence No~rttherly along said curve through a central aggk of
34°42'06" an arc distance of 18.17 feet (5.54 m.) to a point of reverse curve concave westerly
having a [adios of 30.00 feet (9.14 m.), frou~ said point a radial line bears N52°35'00"W; thence
Norcbzrly along said curve through a central angle of 37°39'30" an ate distance of 19.72 feet
16.01 m.) to a point on a non-tangent line; thence S00°14'30"E, 32.34 feet (9.86 m.) to the True
Point of 8egin=ung.
Containing 193 Square Feet more or less.