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RES-2006-254RESOLUTION NO. 2006- 254 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING PREVIOUS RESOLUTION NO. 2006 -167 REGARDING PROPERTY LOCATED AT 1680 AND 1696 WEST KATELLA AVENUE AND 1818 SOUTH EUCLID STREET (NINTH STREET TO HUMOR DRIVE PROJECT - R/W ACQ2004- 00204, R/W ACQ2004 -00206 AND R/W ACQ2004- 00205) WHEREAS, the City of Anaheim has been investigating the acquisition of property located at 1680 and 1696 West Katella Avenue and 1818 South Euclid Street, in connection with a proposed Katella Avenue Smart Street — Ninth Street to Humor Drive Project; and WHEREAS, on July 11, 2006, the City Council reviewed and passed its Resolution No. 2006 -167, authorizing acquisition of portions of such property by the use of eminent domain; and WHEREAS, since the time of the passage of that Resolution, City Staff has conducted additional investigations regarding buildings on that site which might potentially be affected by the proposed acquisition, and has been reviewing the scope and area of temporary construction easements proposed in connection with the project, in order to minimize impacts to the owners and current occupants; and WHEREAS, the owner of the property has raised questions regarding its receipt of an offer under Government Code § 7267.2, and City Staff is in the process of preparing a revised precondemnation offer to reflect the updated temporary construction easements; and WHEREAS, following the completion of the temporary construction easement revisions and appraisal updates based upon those revisions, City Staff anticipates forwarding a supplemental Government Code § 7267.2 offer to the owners in hopes of reaching a negotiated resolution regarding this acquisition; 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 the evidence presented to the City Council as follows: SECTION I. Resolution No. 2006 -167, passed July 11, 2006, is hereby rescinded. 159/012377 -0103 762821.01 all/14/06 -1- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12 day of December 2006, by the following roll -call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY ANAHEIM MA`r0R OF THE ANAHEIM 159/012377 -0103 762821.01 all/14/06 -2-