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2000-186RESOLUTION NO. 2000R-186 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 5600 EAST LA PALMA AVENUE FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT {R/W 5260-14). 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 5600 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 August 29, 2000, 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 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 on the following matters: Whether the public interest and necessity required the Project; Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; Co Whether the Property proposed to be acquired is necessary for the Project; and Do 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 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. Santa Aha Bridge to La Palma Avenue, and includes the widening and improving of Imperial Highway, 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 5600 East La Palma Avenue, (Assessor Parcel No. 77- 233-10). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: Fee simple title to approximately 1,361.68 square feet of frontage along the Property, as more specifically described in Exhibit "A" hereto. A.1 A wall easement to approximately 145.32 square feet of frontage along the Property, as more specifically described in Exhibit "E" hereto. A.2 A subsurface footing easement to approximately 595.26 square feet of frontage along the Property, as more specifically described in Exhibit "~' hereto. Bo A temporary construction easement over approximately 850.38 square feet of Property, more specifically described in Exhibit "B" and "Bi" 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 2 construction easement area more specifically described in the legal description, attached as Exhibit "B" and "BI" as deemed reasonably necessary for all purposes incidental to reconstructing and widening Imperial Highway in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; construction of subsurface footing and wall; 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, 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 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. 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 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 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, 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. in 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 January 26,2000. 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 4 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, 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 Oliver, Vose, Sandifer, Murphy & Lee, 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 29th day of August,2000. MfAY/OR~OFTHE"~'-- ~CITY F ANAHEIM ATTEST: /~$~w~TY ~LERK OF THE CITY/O~ ANAHEIM 27883.32XmslaughtLFebruary 12, 1998 5 AI~ 77-233-10 EXHIBIT A Grant to the City of Anaheim a portion of Parcel 1, as shown on a map filed in book 49, Page 6 of Parcel Maps, in the office of the County Recorder of Orange County, California, described as follows: Beginning at the centedine intersection of Impedal Highway and La Palma Avenue as shown on a map filed in Book 49, Page 6 of Parcel Maps, in the office of the County Recorder of Orange County, California; thence along the centedine of La Palma Avenue N86°47'05"W a distance of 183.084 maters; thence S3°12'55"W a distance of 16.154 meters to a point on the southerly right of way line of La Palma Avenue as desc~bed in that certain Grant Deed recorded October 8, 1970 in Book 9482, Page 190 of Official Records of said Orange County, said point being the most westady comer of the land described in that certain Grant Deed recorded July 15, 1976 in Book 11812, Page 330 of said official records, said point also being the True Point of Beginning and designated as T.P.O.B. on Exhibit C attached hereto: thence S0°14'25"VV a distance of 3.117 maters to the beginning of a non4angent curve concave norlherly having a radius of 650.380 meters, from said point a radial line bears N3°36'55"E: thence westerly alon;I said cuwe through a central angle of 3e34'56" an arc distance of 40.663 meters to the be~i~'nnine° of a tangent curve concave southerly having a radius of 644.280 meters; thence westerly along said curve through a central angle of 3o58'56" an arc distance of 44.779 meters to a point on a non-tangent line, said line also being the north line of Parcel 1 of said Parcel Map; thence easterly along said north line S86°47'05"E a distance of 85.206 meters to the True Point of Begblnin~. CONTAINING 126.5 SQUARE METERS MORE OR LESS. AP~ 77-233-10 EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT Two 0.305 meter wide strips of land over that portion of Parcel 1 in the City of Anaheim, County of Orange, State of California, as shown on a map filed in book 49, page 6 of Parcel Maps, in the office of the County Recorder of said County, as shown on Exhibit C attached hereto and made a part herof. The first strip of land being 26.165 meters in length easterly along the proposed right-of-way starting from the western most plot line. The second strip of land being 15.036 meters long westerly along the proposed right-of- way starting from the eastern most plot line. CONTAINING 12.6 SQUARE METERS MORE OR LESS. !I "T 'SS=Iq ~0 ~3~IOIR S~3/31R 3~IYNOS 1~'gg ~)NINIY.LNO0 · Su!uu!§e8 jo lU!Od enJ.L eql ol SJeleuJ 689'g~: jo eouels!p oJe ue ,,~,C3~o~ jo el§ue leJlueo e qSnoJql e~Jno p!es 5uole ,~lJelsee eoueql '.sJelem ~S6' ~9 jo sn~peJ e 5u~Aeq XlJeq~ou eAeouoo e~no lueSuel e jo 5u!uu~Seq eql Ol sJele~ 69~'9[ jo eou~s!p oJe ue ,,6L6So ~ jo elSue leJlU~ e qSnoJql e~no pros 5uole XlJelsee eoUeql '.3,,[S,~SoSN sJeeq eU!l le!peJ e lu~od p~es moji 'sJelem ~EL'E~9 jo sn!peJ e 5u!Aeq XlJeqlnos eAeouoo e~no lueSuel-uou e jo 5u!uu!Seq eql ol sJelem 00S' ~ jo eouels!p e 3,,ES,E~o~N ~ue~ 9E~'8~ jo eouels~p oJe ue ,,6 ~,6~o ~ ~o elSue leJlUe3 e qSnoJql e~no pies 5uole XlJelse~ eoUeql '.sJelem ~EE' ~ jo sn!pm e 5u!Aeq Xpeqlnos eAmu~ e~no lUeSU~ e jo 5u!uuiSeq eql Ol sJelem 9~Z'~E jo ~uels!p 3Je ue ,,g~,~oE jo elSue leJlueo e qSnoJql e~n3 pies 5uole ~lJelse~ ~ueql '.~,,S~,9~o~S sJeeq eu!l le!pm · lu!od pies mo~ '~el~ ~S~'~9 ~o sn!peJ e 5u!Aeq ~lJeq~ou eA~u~ e~no lueSu~-uou e jo 5u~uu!~q eql Ol ~el~ 00~'~ ~o eouels~p e ~,,SE,9~oVS ~ueql '.Su!uu~Se8 jo lU!Od enJ~ eql Ol 'sJelem ~'~ jo ~u~s!p e ~,,~,9~o~S ~ueql '.SJele~ ~9'~ ~o ~uels~p e M,,~,~o0S eoueql '.~ele~ 000'~ jo ~uelsip e ~,,~0,Z~o9gN eoueql '.spJooeJ le!o~o p~es jo 0SS eSed '~ ~oo~ u~ 9ZG~ 'G~ Xlnr pepJooeJ peeQ lueJ~ u!e~ leql ul pequosep puel eqlJo JeuJo3 XlJelse~ 1sore eql 5u~eq lu~od pies '~unoo eSueJo pros jo spJooea le!o~O jo 06~ eSed '~6 ~oo~ u! 0Z6~ '~ JeqoloO pepJooeJ peeQ lueJ~ u~ leql u~ peqtJosep se enueAv emled e~ ~o eu~l ~e~ jo lqS~J ~lJeqlnos eql uo lu~ e ol ~ele~ ~'9~ jo ~u~s~p e eoueql '.sJelem ~g0'S9 ~ ~o eouels~p e ~,,~0,L~o99N eoueql '.~unoo eSumo jo Je~ea ~unoo eql jo eo~o eql u! 'sde~ leo~ed jo 9 eSed '6V ~ooq u{ Pel~ dem e uo u~oqs se enueAv emled e~ pue Xe~qS~H leiJedml ~o uotloesJelU~ euuJelU~ eql le 5u~uu~Sea :S~OllOj se peq!JoSep 'etuJoJ!leO '/qunoo eSueJo to JepJooe~l/qunoo eql ,~o e3~o eql u! 'sdel61 leOJed jo 9 e§ed '6t, ~tooq u! PelU decu e uo u~oqs se ' L laOJed jo UO!lJod leql Je^o puel jo d!JlS ep!~ JeleuJ 00cj· I. V /N31hI:ISV-'-J NOI/OI'IEI/SNO0 A,t~V'dOdlflq/ i~r .LI~31HX3 EXHIBIT C AP# 77-233-10 BASIS OF BEARINGS: THE CENTERLINE OF LA PALMA AVENUE BEING N86'47'O5"W PER PARCEL MAP ¢9-6. LEGEND: PROPOSED R/W LiNE EXISTING R/W LINE ~7-/~-/-/"/-/~ TOTAL R/W TAKE ...... T.C.E. LA PALMA AVENUE .305m R=644.280m A=3'58'56" L=44.779m .305m S86'47'05"E BS.206m R=650.380m A=3'34'56" L=40.663m OFFICE BI/ILDING AP# 77-233-10 OWNER: SCENIC CORRIDOR INDUSTRIAL PARK AREA SUYMARY: (RAD) 5.117m R/W TAKE = 126.5 m' T.C.E. = 12.6 m' NOT TO SCALE KFM ENGINEERING, INC. 18 TECHNOLOGY, SUITE 165 IR'vINE, CA 92618 LA PALMA AVENUE APPROX. 18;5 METERS WEST OF IMPERIAL HIGHWAY ~m;: RI; l- : RI[ 4/99 4/99 a/wNo. 5260-14 EXHIBIT D AP# 77-233-10 EASEMENT) BASIS OF BEARINGS: THE CENTERIJNE OF LA PALMA AVENUE BEING NB6'4.7'OS'W PER PARCEL MAP 4-9-6. LEGEND:' PROPOSED R/W LINE EXISTING R/W LINE EASEMENT LINE CENTERLINE ~=1'39'19" L=1B.614m ,G=1'39'19" L=lB.605m NS'52'52"E,' .... LA PM.MA AVENUE R=650.580m A=2'15'2B" SUBSURFACE FOOTING EASEMENT 1.250m WAll EASEMENT'~ 0.305m / NB6~4-7'OS"W 18,.3 084m ~ son4-'25"w I I 1.500m R=64-2.725m ~,=1'59'19" L=1B.569m R=641.225m ~=1'39'19 · L=1B.526m T.C.E. 1.500m- OFFICE BUILDING AP# 77-233-10 OI~IER: ~CENIC CORRIDOR II~DUSTI~L PARK AREA SUMMARY: WALL EASEMENT = 15.5 ma SUBSURFACE FOO'RNG EASEMENT -- 55.3 m~ T.C.E. = 66.4- m' R=655.4-55m ,~.= 2'15'2B' L=25,748m NOT TO SCALE KFM ENGINEERING, INC. 18 TECHNOLOGY, SUITE 165 IRMNEt CA 92618 IA PALMA AVENUE APPROX. 185 METERS WEST OF IMPERIAL HIGHWAY AI:~ 77-233-10 EXHIBIT ~' WALL EASEMENT An 0.305 meter wide strip of land for construction of a retaining wall over that portion of Parcel 1, as shown on a map filed in book 49, Page 6 of Parcel Maps, in the office of the County Recorder of Orange County, California, described as follows: Beginning at the centerline intersection of Imperial Highway and La Palma Avenue as shown on a map filed in book 49, Page 6 of Parcel Maps, in the office of the County Recorder of Orange County; thence N86°47'05"W a distance of 183.084 meters; thence S3°12'55'~A/a distance of 16.154 meters to a point on the southerly right of way line of La Palma Avenue as described in that certain Grant Deed recorded October 8, 1970 in Book 9482, Page 190 of Official Records of said Orange County, said point being the most westerly corner of the land described in that certain Grant Deed recorded July 15, 1976 in Book 11812, Page 330 of said official records; thence N86°47'05"W a distance of 15.000 meters; thence S0°14'25"W a distance of 2.835 meters to the True Point of Beginning; thence S4°56'23"W a distance of 0.305 meters to the beginning of a non- tangent curve concave northerly having a radius of 650.685 meters, from said point a radial line bears S4°56'23"W; thence westerly along said curve through a central angle of 2°15'28" an arc distance of 25.639 meters to the beginning of a tangent curve concave southerly having a radius of 643.975 meters; thence westerly along said curve through a central angle of 1 °39'19" an arc distance of 18.605 meters; thence N5°32'32"E a distance of 0.305 meters to the beginning of a non-tangent curve concave southerly having a radius of 644.280 meters, from said point a radial line bears N5°32'32"E; thence easterly along said curve through a central angle of 1°39'19" an arc distance of 18.614 meters to the beginning of a tangent curve concave northerly having a radius of 650.380 meters; thence easterly along said curve through a central angle of 2°15'28'' an arc distance of 25.827 meters to the True Point of Beginning. CONTAINING 13.5 SQUARE METERS MORE OR LESS. AP~ 77-233-10 EXHIBIT SUBSURFACE FOOTING EASEMENT A 1.250 meter wide stdp of land for construction of a subsurface retaining wall footing over that portion of Parcel 1, as shown on a map filed in book 49, Page 6 of Parcel Maps, in the office of the County Recorder of Orange County, California, described as follows: Beginning at the centerline intersection of Imperial Highway and La Palma Avenue as shown on a map filed in book 49, Page 6 of Parcel Maps, in the office of the County Recorder of Orange County; thence N86°47'05"W a distance of 183.084 meters; thence S3° 12'55'~/V a distance of 16.154 meters to a point on the southerly right of way line of La Palma Avenue as described in that certain Grant Deed recorded October 8, 1970 in Book 9482, Page 190 of Official Records of said Orange County, said point being the most westerly corner of the land described in that certain Grant Deed recorded July 15, 1976 in Book 11812, Page 330 of said official records; thence N86°47'05"W a distance of 15.000 meters; thence S0°14'25"W a distance of 2.835 meters; thence S4°56'23"W a distance of 0.305 meters, said to the True Point of Beginning; thence S4°56'23"W a distance of 1.250 meters to the beginning of a non-tangent curve concave northerly having a radius of 651.935 meters, from said point a radial line bears S4°56'23"W; thence westerly along said curve through a central angle of 2°15'28'' an arc distance of 25.689 meters to the beginning of a tangent curve concave southerly having a radius of 642.725 meters; thence westerly along said curve through a central angle of 1°39'19" an arc distance of 18.569 meters; thence N5°32'32"E a distance of 1.250 meters to the beginning of a non-tangent curve concave southerly having a radius of 643.975 meters, from said point a radial line bears N5°32'32"E; thence easterly along said curve through a central angle of 1 °39'19" an arc distance of 18.605 meters to the beginning of a tangent curve concave northerly having a radius of 650.685 meters; thence easterly along said curve through a central angle of 2°15'28'' an arc distance of 25.639 meters to the True Point of Beginning. CONTAINING 55.3 SQUARE METERS MORE OR LESS. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-186 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 29th day of August, 2000, by the following vote of the members thereof. AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of August, 2000. ~/~ (;~'I:"~ (~LERK~OF~'~HE CITY~:)F ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-186 was duly passed and adopted by the City Council of the City of Anaheim on August 29th, 2000. ~ C~Y CLERK OF THE CITY O"F ANAHEIM