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2005-217RESOLUTION N0.2005- 211 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 2501 EAST LINCOLN AVENUE FOR THE PURPOSES OF THE LINCOLN AVENUE/SUNKIST STREET INTERSECTION PROJECT (R/W ACQ.2O03-00181) WHEREAS, the City of Anaheim has been investigating the acquisition of property located at 2501 East Lincoln Avenue, Anaheim, California, 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 8, 2005, after no less than fifteen (1 S) days written notice to the owners of the property referenced above, and more specifically described in the legal descriptions attached hereto as Exhibits "A" and "C" 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 § 72b7.2 had been given to the owners of record; and whether the City had properly exercised all of its statutory responsibilitiesand duties antecedent to the exercise of eminent domain against the Property including review under CEQA; and WI~EREAS, 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 Lincoln AvenuelSunkist Street Intersection 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 Lincoln Avenue/Sunkist Street Intersection 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 TT 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 Lincoln Avenue/Sunkist Street Intersection Project which consists of the widening and improving of Lincoln Avenue and Sunkist Street, including installation of public improvements, street landscaping and public utilities. The Location of the Project is depicted generally in the project alignment plan dated May 11, 2004 and presented to the City Council as part of the record of hearing in this matter. SECTION II. The Property to be acquired is located within the City at 2501 East Lincoln Avenue (Assessor's Parcel No.268-091-01). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. Fee simple title to approximately 984.10 square feet of the Property, as more specifically described in Exhibit "A" hereto. B. A temporary construction easement over approximately 1,257.49 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 Lincoln Avenue and Sunkist Street 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 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 2 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 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. 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 Lincoln Avenue and Sunkist Street 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 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, 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, byway of letter dated March 11, 2005. 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. 3 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 andlor 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 8~' day of November, 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM By MA OR OF TIC ANAHEIM ATTE~: r' f' ITY CLE K OF HE CITY OF ANAHEIM ~~ssi.~~ 4 ~ I , ~ t~.~~ `~,i ~ ~~ ..: EiCHiBIT "A" LEGAL DESCRIPTION AP NO.2fi8-091 ~1 THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4, RANGE 10 WEST, IN THE RANCHO SAN JUAN GAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHAWN ON A MAP FILER IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCINGATTHECENTERLiNEINTERSECTION OFLINCOLN AVENUE, FORMERLYANAHEIM- OLIVEROAD, AND SUNKIST STREET AS SAID CENTERLINES ARE DESCRIBED IN INSTRUMENT N0.10394 OF BOOK 12324, PAGE 258, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA AS GRANT DEED ON AUGUST 5,1977 8:55 AM; THENCE ALONG CENTERLINE OF SAID SUNKIST STREET AS SHOWN ON TRACT N0.6459 RECORDED IN BOOK 241, PAGES 2 TO 4 OF SAID MISCELLANEOUS MAPS, NORTH 00°11'DO"EAST 81.52 FEET; THENCE SOUTH 89°49'00" EAST 57.00 FEET; THENCE SOUTH 32°1l'19"EAST 3fi.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 32°17'19" EAST 12.fi7 FEET; THENCE SOUTH 78°54'18" EAST 5.59 FEET; THENCE NORTH 32°17'19" WEST 6.88 FEET; THENCE SOUTH 78°54'18" EAST 92.13 FEET; THENCE SOUTH 11°05'42" WEST 5.00 FEET; THENCE NORTH 88°49'48" EAST 47.58 FEET TO A POINT ON THE EASTERLY LINE OF THE PROPERTY DESCRIBED IN INSTRUMENT N0. 10394 OF BOOK 12324 PAGE 258, OFFICIAL RECORDa OF ORANGE COUNTY, CALIFORNIA AS GRANT DEED ON AUGUST 5,1977, 8:55 A.M., SAID POINT BEING 222.35 FEET MORE OR LESS FROM THE CENTERLINE OF SAID SUNKIST STREET; THENCE NORTH 00°11'00" EAST 0.33 FEET ALONG SAID EASTERLY LINE; THENCE NORTH 80°08'51" WEST 2fi.20 FEET; THENCE NORTH 70°58'50" WEST 30.47 FEET; THENCE NORTH 80°08'51"WEST 6,72 FEET TO THE BEGINNING OF ATANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 310.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 11.74 FEET THROUGH A CENTRAL ANGLE OF 02°10'11"; THENCE NORTH 82°19'02" WEST 64.fi2 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE NORTHEASTHAVINGARADIUSOF290,O0FEET; THENCE NORTHWESTERLYALONG SAID CURVE AN ARG DISTANCE OF 8.81 FEET THROUGH A GENTRAL ANGLE OF 01°44'25" TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND IS 984. ~ 0 SQUARE FEET MC?RE OR LESS. DATED THIS 3~° DAY OF NOVEMBER, 2004. ~A~ ~ ~ ~' ~ o-- ,~~' "~ ~,,12 31 # WALTER F. LUNDIN, P.L.S. 7077 N0, TTO7 REGISTRATION EXPIRES 12l31/Q4 _ i ' ~~ . NO SCALE ~. r I ~;.`, ~V ~~~ rte' ~A TA DEC. TA R L T 2'10'11" 1'44'25" 31Q' 294' 11.14' 8.81' 5.87' 4.40' ~ AREA=984 10 S F AP ,yt~ 268-091-DI o . 532' 17'f9uE ~ 12.67' ~, ,,, .. ~ °~ S?8'S4'~~ ~ ^5.59 0 ., Q O ~~Q S89490E ~ ~ I `~ N~ I ~ 1 ~'• ~- ~ ~.1 ~f ! . ~ r ~ ~) ~. '.35' r,... ..~ .... 8`ASIS QF FAR1N~5: ~ o~ suNrcisT STREET 8EltItG' NO' t l '0 "F PER TRACT MAP IVD. 659 RECORDED MARCH 15,1968 IN THE QFFICfAL RECORDS OF ORANGE COUNTY, 3 ~ '~^ °M1 :, A ~ ,o ~o ~ 2 '~ ~ ~nnO'' t ' •V 19.2 "WN 64.6' 2 .,..,,, c i S7'8'S4 18 E~9 , r ' ~ " S7 ' `~ t '49 48 8 54 8 E~9 ~ ~ $8 47 5~ 'E Q I Q ~ ' o~ 0 0' • O O '` "'I"~ a ~i '~ ~,~,~ ~ O b ~~ ~ O ~ 2! S78 54 r8 ~~ ti ---.-_ _.__ L f~C / ~ 226.44 ----__ Q~ LrN BEARrNG DrST. ~~ 3~°r ~ ~9'~ s. 08' srr°o5'4zN~ o:oo' NN' 1/4,5 1/4, SEC 12, T4S, RIOK' EXH/B/T ':4 " CITY OF ANAHEIM DEPT.PUBLIC WORKS DESIG[Y SERVICES DIVISION fNT~RS~cTfo~r of ~rNCOL~ ~ v~ A~r~ s~~~tsT sT NORT~L~AST C'O~N~'R DRINN' ,if,~ Ci~KD;S..J./N.S.S. DUST. MAP DATE 9-J-04 DATE: t0- ! -04 ! 1 J 12,3 R ~ ~~ • ACQ100,3-00181 i ~t L t ;'?eir *' .~ f`` .. .. ~, :.,fir EXHIBIT "C" LEGAL DESCRIPTIGN F4R TEMPORARY CDNSTRUCTiON EASEMENT AP No. zs~-o9~-0~ THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE QUARTER OF SECTION 12, TOWNSHIP 4, RANGE 10 WEST SOUTHEAST DE SANTA ANA, IN THE CITY OF ANA , IN THE RANCHO SAN JUAN CAJON SHOWN ON A M,qp HEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, THE WESTERLY LINE OF WHICH IS MORE PARTICULARLY D FOLLOWS: ESCRIBED AS COMMENCING AT THE CENTERLINE INTERSECTION QF LINCOLN AVENUE FORMERLY OLIVE ROAD, AND SUNKIST STREET AS SAID CEN ' ANAHEIM- TERLINESARE DESCRIBED IN INSTRUMENT NQ.10394 OF BOOK 12324, PAGE 258, OFFICIAL RECORDS OF ORANGE COUNTY CALIFO AS GRANT DEED ON~AUGUST 5,1977 8:55 AM; THENCE ALON RNIA STREET AS SHOWN ON TRACT N0.645 G SAID CENTERLINE OF SUNKIST 9 RECORDED IN BOOK 241, PAGES 2 TO 4 OF SAID MISCELLANEQUS MAPS, NORTH 00°11'OD"EAST 81.52 FEET; THENCE SOUTH 89°49'00" EA FEET; THENCE SOUTH 32°1l'19" EAST 3.00 FEET TO THE TRU ST57.00 CONTINUING SOUTH 32°17'19" EAST33.64 F E POINT OF BEGINNING; THENCE EET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 290.00 FEET, A RADIAL THROUGH POINT BEARS NORTH 09°25'23" EAST; THENCE SOUTHEASTERLY AL SAID DISTANCE OF 8.81 FEET THROUGH A CENTRAL ONG SAID CURVE AN ARC ANGLE OF 01°44'25";THENCE SOUTH 82°19'02" EAST 64.fi2 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHW HAVING A RADIUS OF 310.00 FEET; THENCE SOUTHEASTERLY EST DISTANCE OF 11.74 FEET THROUGH A CENTRA ° ALONG SAID CURVE AN ARC ° ~ ~~ L ANGLE OF 02 1011 ,THENCE SOUTH 80 08 51 EAST fi.72 FEET; THENCE SOUTH l0 58 50 EAST 30.47 FEET; THENCE SOUTH 80°O8' 1" 26.20 FEET TO A POINT ON THE EASTERLY LINE OF PROPERTY D 5 EAST 10394 OF BOQK 12324 PAGE 258, OFFICIAL RE ESCRIBED IN INSTRUMENT N0. CORDS OF ORANGE CQUNTY, CALIFORNIA AS GRANT DEED ON AUGUST 5, 1977 8:55 A.M., SAID POINT BEING 222.35 FEET MORE OR FROM THE CENTERLINE OF SAID SUNKIST STREET' THENC ° LESS ALONG SAID EASTERLY LINE; THENCE NO E NORTH 00 1100 EAST 6.53 FEET RTH 84°40'05" WEST 19.03 FEET; THENCE NORTH 78°19'33" WEST 13.63 FEET; THENCE NORTH 70°58'50" WEST 11.20 FEET; THENCE SO TH 89°07'44" WEST 11.3fi FEET; THENCE NORTH 78°53'11" WE U 11°05'42" EAST 3.61 FEET; THENCE NORTH ° ~ ,~ ST 68,50 FEET; THENCE NORTH 78 5136 WEST 1.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 11.50 FEET' THENCE NORTHWESTERLYALONGSRID CURVE AN ARC DISTANCE OF fi.$G FEET THRO ANGLE OF 34°09'54"; THENCE NORTH 44°41'42" UGH A CENTRAL WEST 22.79 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 18.50 FEET• THENCE NORTHWESTERLYALONGSAID CURVEANARC DISTANCE OF 14.51 FEETTHROUGHA CENTRA ANGLE OF 44°57'01'; THENCE NORTH 89°38'43" VILEST 14.35 FEET L BEGINNING. TO THE TRUE POINT OF THE ABOVE DESCRIBED PARCEL OF LAND IS 1257.49 SQUARE FEET MORE OR LESS. DATED THIS 2N° DAY OF DECEMBER, 2D04. WALTER F. LUNDIN, P.L.S. 77x7 REGISTRATION EiCPiRES 12131104 Q LAS ~~~~ F~ <~ ~ s~~ `~ ~ 2 3t ~4 Exp.-~.L_1.... N~. 7707 ~~ ~~ DF r.~l.1F~ .:. 6 r .~ r. c. ~ AR'E'A-= 12~~~R~~~t~4 ___ ,...~., _--, ~; g .::; S: BASIS F =~.~~ i Q 8 ~i>~V~S: AP ,~ ~6~-091-O1 ~ OFSUNKlST STS T EE BEING NO' ~ r '0 "F PER TRACT MAP Nt7. 6459 RECORDED MARCH 15, ~ 968 1N THE OFFlClAL ~o~ scu,~ RECORDS OF ORANGE COUNTY. 222.35' S89'4 'pp" LI Llfi X57, 00 ~1 T.P.O.B. L? ,~ ~~ ~~ a~ ,~ ,~ v ~~ . ~ Z CURVE' DATA ~~ DftTA R t ~ L~ 1'44'?5" 79D' 8.81 ' 4 ~ p, 2'ra'r r " 310' r r. 74 5.87' 0 34'9'54" ! 1.50' 6.86' 3.53' 44'S7'r " 18.50' r 4.5 r' 7.65 P.Q.Q. '~-.. 854.1 N ~~ ~f ~'V `'`~_ CITY OF ANAHEIM PUBLIC WORKS DEPT. DESIGN SERVICES DIVISION L15 L14 L13 LI? ,._ L111 Llo L4 `..~~'qG~~` `-.._ E;~H/B/T "~ ` ~~~~o~R~ coNS~~U~~oN ~~s~~~N~ INT~'~.5~'CTION t~F Lf11lCOL1 V A fr;~' A1V,D SUNNIS?' ST. ND~'Tff~AS~' CD~'11r~R DRWK: ~,~ CHKb:S.,/./rV. S S OIST. MAP bATE:_9-?8-pq PATE: la-1-04 ~IJ,11,3 H~~ ~Q. AC0100,~-00181