RES-2006-171RESOLUTION N0.2006- 171
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECES SITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 5700 EAST '~.A PALMA AVENUE FOR THE
PURPOSES OF CONDUCTING ROADWAY IlVIPROVEMENT
(R/W ACQ. N0.2006-00250).
WHEREAS, the City of Anaheim has been investigating the acquisition of various interests
in property, including fee interests and temporary construction easements, on property located at
5700 East La Palma Avenue, for the purposes of making public roadway improvements on the
circulation element~of the General Plan of the City of Anaheim; and
WHEREAS, on July 11, 2006, 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", which legal description is 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:
A. Whether the public interest and necessity required 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 § 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 various interests in the Property more
particularly described herein ("Property"), for the purposes of widening and improving Imperial
Highway and La Palma Avenue; 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, State
Clearinghouse No. 92051041; 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 acquisition of the Property is required is the State Route
90 Imperial Highway Widening Project -from Santa Ana Bridge to La Palma Avenue, and includes
the widening and improving of Imperial Highway and La Palma Avenue, including installation of
street landscaping and public utilities.
SECTION II. The Property to be acquired is located within the City of Anaheim, County
of Orange, State of California, and is located at 5700 East La Palma Avenue, (Assessor Parcel No.
349-081-68). The portions of Property the City seeks to acquire, and the Property interests sought,
consist of the following:
A. Fee simple title to approximately 195.8 square feet of Property including
rights to vehicular access in and to La Palma Avenue and Imperial Highway
from the remainder property, as more specifically described in Exhibit "A"
and depicted in Exhibit "B", attached hereto.
SECTION IlI. 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 Imperial Highway 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 has been planned for
both sides of the roadway, to avoid taking all of the required right-of--way from those on one or the
other side of the existing road, in an effort to minimize any disproportionate burden 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 attendant storm drain
improvements. This will enhance the utility of the area and 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 May 11, 2006. 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.
2
SECTION VII. To the extent any of the property to be taken herein is devoted to a
public use, the City fords 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 ofNegative Declaration, State Clearinghouse No.
92051041, 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 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim this 11 ~' day of July, 2006.
....;
MAYOR OF THE CI F ANAHEIM
ATTE
CLE OF CITY OF ANAHEIM
7883.68
AYES:. Mayor Pringle, Council Membera.Sidhu, Sernandez,~Galloway, Chavez
NOES: None
ABSTAIN: None
ABSENT: None
27883.681BGranatoVune 20, 2006 3
EXHIBIT "A"
CITY OF ANAHEIM
DEPARTMENT OF PUBLIC WORKS
ORANGE COUNTY, CALIFORNIA
LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR THE PROPOSED WIDENING OF LA PALMA AVENUE
ASSESSOR'S PARCEL NUMBER: 349-081-68
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE,
CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS:
A FEE TAKE FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS THAT PORTION OF
PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 40, PAGE 39 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGB COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CEN'I~RLIlVE INTERSECTION OF LA PALMA AVENUE AND IlViPERIAI. HIGHWAY AS
SHOWN ON RECORD OF SURVEY N0.98-1050, FQ.ED IN BOOK 172, PAGES 9-15 OF OFFICIAL RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OP ORANGE COUNTY; THENCE FOLLOWING THE CENTERLINE
OF IlVIPERIAL HIGHWAY SOUTH O1°50'14" EAST 59.047 METERS (193.72 FEET}; THENCE LEAVING SAID
CENTERLINE SOUTH 88°09'41" EAST 22.250 METERS (73.00 FEET) TO THE WESTERLY MOST LOT LINE OF
PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 40, PAGE 39 OF PARCEL MAPS IN SAII3 COUNTY;
THENCE FOLLOWING SAID PARCEL 1 LINE NORTH Ol°50' 19" EAST 39.930 METERS (131.00 FEET), SAID
POINT BEING THE TRUE POIlVT OF BEGINNING; THENCE LEAVING SAID PARCEL 1 LINE SOUTH 88°09' 10"
EAST 6.096 METERS (20.00 FEET); THENCE NORTH Ol°50' 19" EAST 3.1?A METERS (10.24 FEET) TO A LINE
CONCENTRIC WITH AND 1.219 METERS (4.00 PEST) SOUTHERLY OF THE NORTHERLY LINE OF SAID
PARCEL 1 AS SHOWN ON A MAP FII~D IN BOOK 40, PAGE 39 OF PARCEL MAPS IN SAID COUNTY, THIS
LINE IS ALSO DESCRIBED IN CITY DEED NUMBF.It 8665, RECORDED MARCH 20, 1987 AS INSTRUMENT
NUMBER 87-151583 OF OFFICIAL RECORDS, SAID CONCENTRIC~~~ LINE BEING A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 411.785 METERS (1,351.00 FEET), A RADIAL LINE OF SAID
CURVE TO SAID POINT BEARS SOUTH 04°26'07" WEST; THENCE WESTERLY 1.787 METERS (5.86 FEET)
THROUGH A CENTRAL ANGLE OF 00°14'SS" TO A COMPOUND CURVE CONCAVE TO THE SOUTH HAVING
A RADIUS OF 8.534 METERS (28.00 PEET); THENCE WESTERLY ALONG SAip CURVE 4.469 METERS (14.66
FEET} THROUGH A CENTRAL ANGLE OF 30°00' 17" TO A NON TANGENT LINE, SAID LINE BEING THE
WESTERLY BOUNDARY LINE OF PARCEL 1: AS SHOWN ON A MAP FILED IN BOOK 40, PAGE 39 OF
PARCEL MAPS IN SAID COUNTY, THIS LINE I5 ALSO DESCRIBED AS BEING THE WESTERLY BOUNDARY
LINE OF PARCEL 2 AS DEFIlVED IN A DEED, ~ RECORDED MARCH 17, 1972 1N BOOK !0042, PAGE 990 OF
OFFICIAL RECORDS; THENCE FOLLOWING SAID LINE SOUTH Ol°50' 19" WEST 2.228 METERS (7.31 PEST)
TO THE TRUE POINT OF BEGINNING.
ALL AS SHOWN ON THE ATTACHED EXHIBIT~;~'~ AND BY THIS REFERENCE MADE A PART HEREOF.
AREA OF PROPOSBD DEDICATION CONTAINS APPROKIMATELY 18.19 S.M. (195.8 S.F.).
EXHIBIT B
AP# 349-081-68
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BASIS OF BEARINGS:
THE CENTERLINE OF IMPERIAL HIGHII[AY BEING
N 01.50'19"E PER BOOK 172. PAGE 15 OF
RECORD OF SURVEY (RS~k98-1050).
[~
- m ~ - -~
,____ ~ ~o ~ =~ 0 1±
~~~
\ I PARCEL 2 y ~ -
I RER- r-
LWE PER INSTRUMENT $7-1515$3
N'LY LINE PARCEL 1
- - ~ PALb[A AVENUE PER PM 40-89
(fi3.00')
0 PERC~~R. 10042 P89~CEL 2
PERCO.RN~04E P9~0 EL 2
NOT TO SCALE
APPROVED BY:
DATE
KFM ENGINEERING, INC. IMPERIAL HIGHWAY
26672 TOWNE CENTRE DR. SUITE 3D0 SOUTHEAST CORNER OF IMPERIAL HWY/LA PALMA INTERSECTION
Fnnnau i RANCH. CA. 92610
INSTRUMENT ~ ``~1
-- ___`01131191 a ~ I
N01.50'19"B ~---1p ~
3.120rin - - ~
(10.24') I
PARCEL 1 PER PM 40-39
3809'10"E
8.09~;a
(20.00')
LEGEND:
PROPOSED R/W LINE
- - - - EXISTING R/W LINE
~~/////~ TOTAL R/W TAKE
~~ ACCESS RIGHTS RELINQUISHMENT
RELOCATED
LINE PSR INSTRUMENT 02-01131191
E'LY LINE
PARCEL i PER
PM 40-$9~ --~
APB 349-081-88
01FNER: ALBERT N. BAHU
LINE PER TNSTRUMBNT 02-01181191
llf'LY LINE
PARCEL 1
PER PM 40-39
AREA SUMMARY:
R/W TAKE = 1$.19 m' (195.6 S.F,}
r_t rRV~; nATA
pELTA ~ RATS 8 LENGTH
1 00.14 55 411.7 6m 1 35 .00 1.7$7m 5.88
2 30.00'17"' 8.534m (28.00 } 4.489m (14.88 )
nRAIrN: DJ GxICD: RK Dom. YAP I
03/ta/oe R~'N No.
DATE: 0308 DARI:« 03/06 I84
SIGNATURE DATE