2001-009RESOLUTION NO. 2001R- 9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 5710 EAST LA PALMA AVENUE
FOR THE PURPOSES OF CONDUCTING ROADWAY
IMPROVEMENT (R/W 5260-6A & 6B).
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 5710 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 January 9, 2001, 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" AND UA-l," 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;
Bo
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
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 - 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 5710 East La Palma Avenue, (Assessor Parcel No.
349-081-65). The portions of Property the City seeks to acquire,
and the Property interests sought, consist of the following:
Fee simple title to approximately 4,681.38 square
feet of Property including rights to vehicular
access in and to Imperial Highway from the
remainder property, as more specifically described
in Exhibit "A" and "A-I," attached hereto.
A temporary construction easement over
approximately 1,621.10 square feet of Property,
more specifically described in Exhibit "B" and "B-
I,'' 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 "B" and "B-l," as deemed reasonably
necessary for all purposes incidental to
reconstructing and widening Imperial Highway in
2
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;
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.
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
August 11, 1999. 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.
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. This resolution amends and supercedes
Resolution No. 2000R-183, Adopted August 29, 2000.
SECTION X. 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 9th day of January, 2001.
MA~OR OF THE CITY O~ ANAHEIM
ATTEST:
CItY CLERK OF THE CITY OF ANAHEIM
27883.26XMSLAUGHT~ecember 29, 2000 5
EXHIBIT A
Grant to the City of Anaheim a portion of Parcel 2, as shown on a map filed in book 75,
page 23 of Parcel Maps, in ~ office of the County Recorder of Orange County, California,
described as follows:
Beginning at the centerline intersection of Imperial Highway and La Palrna Avenue as
shown on a map filed in Book 75, Page 23 of Parcel Maps, in the office of the County
Recorder of Orange County; thence along the centedine of La Palina Avenue the following
two courses: S86°31'03"E, 31.778 meters to a point on a tangent curve concave southerly
having a radius of 426.720 meters; easterly along said curve through a central angle of
6027'40.. an arc distance of 48.120 meters; thence S9°56'37"W a distance of 14.935
maters to a point on the existing southerly right of way line of La Palma Avenue, said point
being the True Point of Beginning, said point also being on a non-tangent curve concave
southerly having a radius of 411.785 meters, from said point a radial line bears
S9°56'37"VV; thence easterly along said curve through a central angle of 7028'03" an arc
distance of 53.669 maters to a point on a non-tangent line; thence S1 °23'00'I/V a distance
of 3.688 meters; thence N75°04'44"VV a distance of 17.753 meters to a point on a tangent
curve concave southerly having a radius of 407.810 maters; thence westerly along said
curve through a central angle of 4°53'37" an arc distance of 34.831 meters to a point on
a non-tangent line; thence N1 °23'00"E a distance of 4.020 meters to the Tree Point of
Beginning.
CONTAINING 210.7 SQUARE METERS MORE OR LESS.
AP~ 349-O81-65 EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
An 0.305 meter wide strip of land over that portion of Parcel 2 in the City of Anaheim,
County of Orange, State of California, as shown on a map filed in book 75, page 23 of
Parcel Maps, in the office of the County Recorder of said County, described as follows:
Beginning at the centedine intersection of Imperial Highway and La Palma Avenue as
shown on a map filed in Book 75, Page 23 of Parcel Maps, in the office of the County
Recorder of Orange County; thence along the centedine of La Palma Avenue the following
two courses: S86°31'03"E, 31.778 meters to a point on a tangent curve concave southerly
having a radius of 426.720 meters; eastedy along said curve through a central angle of
6°27'40" an arc distance of 48.120 meters; thence S9°56'37'I/V a distance of 14.935
meters to a point on the existing southerly right of way line of La Palina Avenue; thence
S1 °23'00'16/a distance of 4.020 meters to a point, said point being the True Point of
Beginning; thence continuing S1°23'00'qN a distance of 0.309 meters to a point on a non-
tangent curve concave southerly having a radius of 407.505 meters, from said point a
radial line bears S10°02'03"1/V; thence easterly along said curve through a central angle
of 4°53'14" an arc distance of 34.758 meters to a point on a tangent line; thence
S75°04'44"E a distance of 18.753 meters; thence N1 °23'00"E a distance of 0.314 meters;
thence N75°04'44'~/V a distance of 17.753 meters to a point on a tangent curve concave
southerly having a radius of 407.810 meters; thence westedy along said curve through a
central angle of 4°53'37" an am distance of 34.831 meters to the True Point of Beginning.
CONTAINING 16.3 SQUARE METERS MORE OR LESS.
~[T C
AP# 349-081-65
BASIS OF BEARINGS:
11-1E CE:N:IER.M_NI[, OF IMPERIAL HIGHWAY
BE'lNG N1'25 O0 E PER PARCEL MAP 75-23.
LEGEND:
PROPOSEO R/W UNE
EXIS~NG R/W UNE
TOTAL R/W TAKE
T.C.F_
R=426.720m
//~ ~=6'27'40'
L= 48.120m
86:31 03 E 31.778~~
T.P.O.B.
N1'23'OO'E
4.020m
R-411.755m ~
~-7'26'03' ~' ~
L=S~.669m
T.C.E.
R-407.810m
L=54.831m N75'O4*'44'W
17.753m
3.688m
AP~ 348-061-65
KI~ ENGINEERING, INC.
TECHNOLOGY, SUITE 165
IRMN~ CA 92618
AReA SUMM~Y:
R/'W TAKE = 210.7 rn ·
T.C.E. = 16.3 m' NOT TO SCALE
EA PAT.UA AVENUE
AP~ 349-081-65
EXHIBIT Al
Grant to the City of Anaheim a portion of Parcel 2, as shown on a map filed in book 75,
page 23 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 Record of Survey No. 98-1050, filed in Book 172, Pages 9 - 15 of Official
Records, in the office of the County Recorder of Orange County; thence along the
centerline of Imperial Highway S1°50'19"W a distance of 59.047 meters; thence
S88°09'41"E a distance of 22.250 meters to a point on the existing easterly right of way
line of Impedal Highway, said point being the True Point of Beginning and designated as
T.P.O.B. on Exhibit C; thence S66°16'22"E a distance of 2.982 meters; thence
S1 °50'19'~/a distance of 69.375 meters to a point on a tangent curve concave westerly
having a radius of 47.740 meters; thence southerly along said curve through a central
angle of 14°57'07" an arc distance of 12.458 meters to a point on a tangent curve concave
easterly having a radius of 42.260 meters; thence southerly along said curve through a
central angle of 8o22'28'' an arc distance of 6.177 meters to a point on a non-tangent line,
said line being the westerly line of said Parcel 2; thence along said westerly line
N1 °50'19"E a distance of 88.867 meters to the True Point of Beginning.
CONTAINING 224.2 SQUARE METERS MORE OR LESS.
LEGAL DESCRIPTION
RELINQUISHMENT OF ACCESS RIGHTS
R/W 5260-6B
A portion of Parcel 2, as shown on a map filed in Book 75,
Page 23 of Parcel Maps, in the office of the County Recorder
of Orange County, California described as follows:
Commencing at the centerline intersection of Imperial Highway
and La Palma Avenue; thence S 01° 50' 19" W along the
centerline of Imperial Highway, 59.047 meters; thence
S 88° 09' 41" E, 22.25 meters; thence S 66° 16' 22" E, 2.982
meters to the True Point of Beginning; thence
S 01° 50' 19" W, 69.375 meters to the beginning of a tangent
curve concave westerly, having a radius of 47.74 meters;
thence along said curve southerly through a central angle of
14° 57' 07" an arc distance of 12.458 meters to a point on a
tangent curve concave easterly having a radius of 42.26
meters; thence southerly through a central angle of 08° 22'
28" an arc distance of 6.177 meters to a point on the
westerly line of said Parcel 2.
AP~ 349-081-65 EXHIBIT BI
TEMPORARY CONSTRUCTION EASEMENT
A 1.524 meter wide strip of land over that portion of Parcel 2-in the City of Anaheim,
County of Orange, State of California, as shown on a map filed in book 75, page 23 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.
CONTAINING t34.3 SQUARE METERS MORE OR LESS.
F. XHIBIT D
AP#
BASIS OF BFJL~J~GS:
THE CENTERUNE OF IMPERIAL HIGHWAY
BEING N1'50'lg'E PER RECORD OF SURVEY
RS ~98-1050.
LEGEND:
PROPOSED R/W UNE
EXISllNG R/9/ LINE
TOTAL R/W TAKE
ACCESS RIGHTS REUNQUISHMENT RELOCATED
T.C.E.
S1'50'19'W
5g. O47m
E
KFM ENGINEEPJNG. INC.
18 TECHNOLOGY, SUIIE 165
IR~INE, CA 92618
, S66'16'22'E
2.982m
1.524rn T.C.E.
BY~r ~
349--081--65
O~J~: ~ SP~J[I~ BUSINESS PROPERTIES, LP.
R=47.740m
t=12.458m
t2.260m
~, =8'22'28'
L=6.177m
AREA SU~d~Y:
R~t/ TAKE = 224.2
T.C.E. = 134.3
NOT TO SCALE
I~PERIAL HIGHWAY
APPROX. 59 METERS SOUTH OF LA PAl-MA AVENUE
~:. 1/99 ~.~ 1/90 184
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. 2001R-9 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 9th day of January, 2001, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
C~'TY CLERI~OF THE CITY OF ANAHEIM
(SEAL)