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95-196 RESOLUTION NO. 95R - 196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RATIFYING THE ACTION OF THE DEVEL- OPMENT SERVICES MANAGER PERTAINING TO USE OF PRIVATE PROPERTY FOR EMERGENCY PURPOSES DUR- ING THE SANTIAGO LANDSLIDE WHEREAS, on or about January 19, 1993, a significant earth movement (commonly known as the Santiago Landslide) occurred in the Anaheim Hills area of the City of Anaheim; and, WHEREAS, in response to said Santiago Landslide, the City Manager, acting as the Director of Emergency Services of the City of Anaheim (pursuant to Chapter 6.04 of the Anaheim Municipal Code), did declare a local emergency and issue certain orders pertaining to the Santiago Landslide; and WHEREAS, the City of Anaheim undertook a massive mobilization of personnel and material to meet the dangers and potential dangers to persons and property posed by the Santiago Landslide; and WHEREAS, a portion of the area, including occupied residences potentially impacted by the Santiago Landslide had limited public access from a single direction; and WHEREAS, further earth movement or other events related to the local emergency would or could have required additional access for emergency forces and to permit residents of the area to evacuate the area or gain access to their homes and property; and WHEREAS, in an effort to provide such access from the west the City did enhance an existing access road across private property extending generally from the terminus of Avenida de Santiago to Serrano Avenue; and WHEREAS, the apparent owner of the private property has requested the city to acknowledge that the City secured and retains no rights in the access road arising from the enhancement of the road; and WHEREAS, the Development Services Manager has, by letter dated June 29, 1995 (attached hereto as Exhibit A and incorporated herein by reference) given such an acknowledgment; and WHEREAS, the apparent owners, through their attorneys, have requested such an acknowledgement from the city Council. NOW THEREFORE, BE IT RESOLVED, that the City Council does hereby ratify the actions of the Development Services Manager set forth in Exhibit A. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of December, ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ~96.3\MSLAUGHT\November 30, 1995 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R-196 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of December, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-196 on the 5th day of December, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of December, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 95R-196 was duly passed and adopted by the City Council of the City of Anaheim on this December 5th, 1995. CITY CLERK OF THE CITY OF ANAHEIM ' ~'~~ CITY OF ANAHEIM. CALIFORiX/IA Public Works - Engineering Department P.O. Box 3222. Anaheim. Cali/onaia 92803 (714) 254-S17B FAX (714) 2S4-5225 June 29, 1995 Mr. William Gillespie Pillsbury, Madison & $utro 725 South Figueroa Street, Suite 1200 Los Angeles, California 90017-2513 RE: Your May 11, 1995 letter concerning alleged taking of Williamson property (Parcel 3, Book 228-33/44, Parcel Map 87-252) Dear Mr. Gillespie: Michael Rubin has forwarded to me your May 11, 1995 letter concerning the access road on the Williamson property and has informed me that you have requested a formal letter from a City official acknowledging that the City does not claim that any permanent rights accrued to the City in or to that access road by reason of the City's actions on the access road during the landslide emergency. This letter is intended to be that official acknowledgement. My understanding is that this access road was a pre-existing roadway utilized for utility purposes and possible fire road purposes. In late January 1993, during the early stages of the landslide emergency, a City contractor merely enhanced the utility of the road by spreading some rocks so that it could be more safely used in the event other access to the area was temporarily cut off. This was ~, done after verbal discussions between City staff and Mr. Williamson with the understanding that the emergency use was permissive. No intent existed to make a hostile, adverse claim by reason of such emergency use. ilri~~ly y~urs, Development Services Manger NAM:nt c: Malcom Slaughter Gary E. Johnson Michael Rubin File ~