HomeMy WebLinkAboutCC Res 5921 2009-09-14RESOLUTION NUMBER 5921
A RESOLUTION OF NECESSITY OF THE CITY OF SEAL
BEACH DECLARING CERTAIN REAL PROPERTY INTERESTS
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING
THE ACQUISITION THEREOF, IN CONNECTION WITH THE
ACCESS AND MAINTENANCE PROJECT AT FIRST STREET
AND OCEAN AVENUE
THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, FIND, DETERMINE
AND ORDER AS FOLLOWS:
Section 1. The City of Seal Beach is a Charter City, in the County of
Orange, State of California.
Section 2. The real property interests described in Section 3 of this
Resolution are to be taken for a public use, namely to (1) maintain public access
to the public beach, the Pacific Ocean, Windsurfer Park, the 1st Street parking lot
and the River's End Cafe, and (2) to maintain an existing city sewer line, and all
uses necessary or convenient thereto. The real property interests will be taken
from property located at First Street and Ocean Avenue in the City of Seal
Beach, and identified as Orange County Assessor's Parcel Numbers 043-171-02
and 043-172-13 (referred to below as "Subject Property") in connection with the
Access and Maintenance Project at First Street and Ocean Avenue ("proposed
Project"). The City has the authority to acquire the property interests for the
proposed Project pursuant to the authority conferred upon the City of Seal Beach
to acquire real property by eminent domain by California Constitution, Article I,
Section 19, California Government Code Sections 37350, 37350.5, 37351,
40401, 40404, California Code of Civil Procedure Section 1230.010 et seq.
(Eminent Domain Law), including, but not limited to Sections 1240.010,
1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, 1245.250, and
other provisions of law.
Section 3. The City seeks to acquire the following property interests
from the Subject Property:
^ The acquisition in fee of approximately 10,768 square feet for an access
road and all uses necessary or convenient thereto; and
^ The acquisition in fee of approximately 10,233 square feet for the
maintenance of a sewer line and all uses necessary or convenient thereto.
The 10,768 square feet fee interest for an access road is legally described
in Exhibit "1 A" and depicted in Exhibit "1 B" to this Resolution of Necessity. The
10,233 square feet fee interest for the maintenance of a sewer line is legally
described in Exhibit "2A" and depicted in; Exhibit "2B" to this Resolution of
Necessity. The aforementioned property interests will be referred to collectively
as Subject Property Interests. . .
Section 4. The proposed "Project would transfer the ownership of a
private roadway located on the Subject Property to the City to be used as a
public roadway ("Access Road"). The proposed Project would also allow the City
to acquire a parcel adjacent to the Access Road so that the City may maintain an
existing city sewer line ("Sewer Maintenance Parcel"). .
The acquisition of the Access Road is needed because it is the only way
to ensure that City residents and visitors maintain access to the Access Road.
The Access Road is the only means to access the public beach, the Pacific
Ocean, Windsurfer Park, the 1st Street parking lot, and River's End Cafe. If the
Access Road were closed to public use, the City's residents and tourists would
not have any access to the public beach, the Pacific Ocean, Windsurfer Park, the
1st Street parking lot, and River's End Cafe. Therefore, it is necessary for the
Resolution Number 5921
City to acquire the Access Road in order to ensure that the general public
continues to have access to the aforementioned locations.
The acquisition of the Access Road would further the goals, objectives
and policies set forth in the City's General Plan. The beach is one of the main
tourist attractions in the City and is one of the City's most valuable resources, as
recognized by the General Plan. As noted in the Open
Space/Recreation/Conservation Element of the General Plan "[t]he shoreline of
Seal Beach is considered to be of regional significance." (See OS-6). Therefore,
maintaining access to the shoreline is critical, because it serves the recreational
needs of the City residents and visitors.
Moreover, it is necessary to acquire the Access Road in order to realize
the goals identified in the Land Use Element of the General Plan. The General
Plan identifies that one of the purposes of the DWP Specific Plan area is to
"designate the southern portion of the site for open space uses such as public
parks, greenbelts, bike, and nature trails, and other passive recreational uses."
(See LU- 40). The purpose of the DWP Specific Plan area cannot be realized if
the general public is denied access to the public beach, and Windsurfer Park.
The only way to ensure that access is maintained is for the City to acquire the
Access Road.
The proposed Project is also consistent with the Circulation Element of the
City's General Plan. The Circulation Element identifies that one of the City's
. goals is to "provide and maintain a comprehensive circulation system that
facilitates the efficient movement of people and goods throughout the City and
near open space habitats for wildlife, while minimizing environmental impacts
(including air, light, and noise pollution." (See C-48). The General Plan identifies
a number of objectives to meet this goal including providing adequate capacity
for the City's circulation needs. (See C-49). It's policy to meet that objective
includes "develop[ing] a circulation system that enhances environmental
amenities and scenic areas." (See C-49). Here, the proposed Project would
meet the Circulation Element's goal, policy and objective because it would
ensure that visitors and residents maintain access to the City's public beach,
Windsurfer Park, and the Pacific Ocean.
The proposed Project is also consistent with the Circulation Element's
goal of "provid[ing] a circulation system that supports existing, approved, and
planned land uses throughout the City while maintaining a desired Level of
Service on all streets and at all intersections." (See C-50). Acquiring the Access
Road will permit the City to continue to support the existing land uses such as the
public beach, Windsurfer Park, and the River's End Cafe. Thus, the public
interest and necessity require the acquisition of the Access Road.
The acquisition of the Sewer Maintenance Parcel is needed because an fl-
inch sewer line currently runs underneath the Subject Property. The sewer was
originally constructed by the City around 1915 and has been operating ever
since. The City, however, never recorded any easement documenting its right to
have the sewer line on the Subject Property or to maintain it. The City must have
access to the sewer line in order to perform routine and regular maintenance of
the sewer line, as well as for emergency maintenance of the sewer line. The City
needs access from the roadway because of the large equipment that is needed
to maintain and repair a sewer line.
The sewer line serves approximately 46 houses in addition to the River's
End Cafe, public restrooms, and the City's Beach Maintenance Building in the 1st
Street parking lot. If the City were denied access to the sewer line, it could
jeopardize the public health and safety because a sewage leak or spill that could
have been prevented may occur. Moreover, if the City is denied emergency
access and there is a sewer leak or seepage, there is the risk that raw sewage
could seep into the groundwater, under adjacent residential property and into the
San Gabriel River and the Pacific Ocean.
Resolution Number 5921
Section 5. The City considered the potential environmental effects of
the proposed Project pursuant to the requirements of the California
Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs Section 15000 et seq. The
City determined that the proposed Project was Categorically Exempt pursuant to
12 Cal. Code of Regs Sections 15301 and 15061(b)(3) because it merely
transfers ownership of interest in land to the City and because it has no
possibility of a physical impact. On April 13, 2009, the City recorded a Notice of
Exemption with the Orange County Recorder's Office. The Notice of Exemption
is incorporated herein by this reference.
Section 6. Pursuant to California Government Code Section 7262 et
seq., the City obtained a fair market value appraisal of the Subject Property
Interests that used a date of value of December 18, 2008. The City set just
compensation in accordance with the fair market value and extended a written
offer on March 17, 2009, to the owner of record to purchase the Subject Property
Interests pursuant to Government Code Section 7267.2. The City's offer letter
also included an informational pamphlet describing the eminent domain process
and the owner's rights. The City further offered to pay the property owner the
reasonable costs, up to $5,000.00, for an independent appraisal of the Subject
Property Interests pursuant to Code of Civil Procedure Section 1263.025.
Section 7. On August 24, 2009 the City provided written notice to the
record owner of the City Council's intent to consider the adoption of the proposed
Resolution of Necessity at its September 14, 2009 meeting as required by Code
of Civil Procedure Section 1245.235.
Section 8. The City Council of the City of Seal Beach hereby finds and
determines that:
A. The public interest and necessity require the proposed Project;
B. The proposed Project is planned and located in the manner that will
be most compatible with the greatest public good and least private
injury;
C. The property interests described in Exhibits "1 A" and "2A" hereto
and depicted on Exhibits "1 B" and "2B" hereto are necessary for the
proposed Project; and
D. The City made the offer required by section 7267.2 of the
Government Code to the owner of record.
Section 9. The findings and declarations contained in this Resolution
are based upon the record before the City Council on September 14, 2009,
including the Agenda Report dated September 14, 2009 and all documents
referenced therein, all of which are incorporated herein by this reference. These
documents include the Notice of Exemption, the General Plan, and the DWP
Specific Plan. The findings and declarations in this Resolution are also based
upon any testimony, records and documents produced at the hearing, all of
which are incorporated herein by this reference.
Section 10. The City Council of the City of Seal Beach hereby authorizes
and directs the law firm of Richards, Watson & Gershon, to take all steps
necessary to commence and prosecute legal proceedings in a court of
competent jurisdiction to acquire by eminent domain the Subject Property
Interests legally described in Exhibits "1 A" and "2A" and depicted on Exhibits
"1 B" and "2B" to this Resolution.
Section 11. The City Council of the City of Seal Beach hereby authorizes
the City Manager to execute all necessary documents in connection with the
eminent domain proceeding.
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Section 12. This Resolution shall take effect upon adoption.
Resolution Number 5921
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 14th day of September , 2009 by the following
vote:
AYES: COUNCILMEMBERS ~~~~~
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS /c I~
~~~-~,-~
Mayor `'
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE 1 SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution is the original copy of Resolution Number 5921 on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach, at a regular meeting held on the 14th day of
September , 2009.
City' Clerk
Exhibit 1 A -Legal Description of Access Roadway Area
Exhibit 1 B -Diagram of Access Roadway Area
Exhibit 2A -Legal Description of Sewer Maintenance Area
Exhibit 26 -Diagram of Sewer Maintenance Area
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Resolution Number 5921
1
ATTACHMENT lA -LEGAL DESCRIPTION OE ACCESS ROADWAY AREA
,access Road~~av Pnrcrl
(10,768) fl
EXHIBIT A
i e AT POKTION OF LiLC~ 2 OF BAY CITY, L*1 Ti SE CftY OF SE~+L SEI.CH. COL'NT4'
OF ORANGE, STATE OF CALIfbPNL4, PER MAP RECORDF~ L*J BOOK F, PAGE i9 OF
MLSCEI.LANEOUS L.IA,PS IN THE OFFICE OF TFIE COLTT`! RECORUF.R OF SAID
COUI.TY, DESCRI3L'D AS FOLLOWS:
BEGB4NII~IQ AT Tl{8 PO1trT OF R`TERSEG'170?`7 OF TFLE E?~'TENSION GF THE
SOUTI~ASTfiZe I,Y %DV'E OF FIRST STREET AND THE 50UTHZVEST'rF,LY LINE OF
OCEAN AVENUE A.'i 5AID STRF.F:1F RRF. SHAWN ON THF. MAP OF 5.4ID BAY CCI"Y:
THENCr, NORTB 54•;4'12" WEST, 13.95 FEET ALONO THE SOUTIi~TFST..RLY LOv'E
OF OCEAN AVENLii3, AS SHOWN ON RECOKD OF SURVEY ]YO. 2002-1090, FIL5D AS
,~ lNSTRUktENT' N0.2003000516244 fN BWIC 193, PAGE tl OF R1;CORDS OF SURVEY IIY ,
THE OFFICE OF 7'EIE COUNTY RECORDER OF ORA>~E COUNTY, ST!LTE OF
CALII~OF.MA TO A POLNT AI.SO~BEING THE INTr'7LSEt;T'ION OF A CURVE CO1~'CA4 e
NORTHWESTERLY AND HAViriG A RADIUS OF 500.00 FEET WI'T'H A R4DLt1, TO
SAIb CURVE AT SAID POW[ SE4RIIJG NORTH 58'tS'19" a'EST; THENCE,
SOL'IHWFSTERLY, 106.15 FEET ALONG SAID CURVE THROUGH A CENT-nAL ANGLE
OF 12."19'49^ TO a POINT OF CONJPOVND CURVE ~[TH A CURVE CONCAVE
... NORTHWESTFZtLY HAVp3G A RADNS OF 200.00 FEET, A AADiAL iF110UCH SAID
POWT OF COMPOUND Gti71vE BEARII~G NORTH 46°03'30" w'EST; THENGF.
SOLTSWESTERLY, 22.55 FEET ALANO SAID 200.00-FOOT P.ADI'JS CG'RVE THROt-GH
A CENTRAL ANGLE OF 6.24'Q7" TO A POQSI' OP TANGENCY LATCH A LINE BEAP,tNG
_ SOUFH 50'18'37' wFSr; THENCE, SOiIIH 50•l8'37^ tvy,ST ALONG JA1D'C.4NCihN1'
LINE 12.77 FEET' TO A POINT OF TANGENCY Wij'H .4 CU7tVE CONCAVE
NORT'd~;'eSTERLY HAVWG A RADNS OF 90.00 FEET: THENC=, SOUTHw'ESTERLY,
- 1798 EST ALONG SAID QlKV1: THROUGH A CENTRP.L ANGLE OF 1 I'26'S'" TO A
POWT OF P.E1rEKSE Cf.TRYE wflH A CUICVg CONCAVE SC1iTITiEASTcP1.Y ftAVnvG A
RADNS OF 400.00 FEET, A RADiAt. TFIFtOUOl3 5.4ID POLtiT OF REVEPSE CUP,VE
_ BEARING SOUTH Zd'14'il" FJ4SC; THE*iCE~ SOGTiiWEST.ERLY~ 78.24 FEET ALONG
SAID e00.00-FOOT I:ADILSS CfIRVE TEIICOUCH A CFAfIRAL AF+GI~ OF 1 i'l2'25" TO
THE SOVTEI~VES[-dtLY LINE OF SAID RECOP„D OF SUR V ~.Y NO 2oa2-IOVO: T'rLE]~rCE.
ALONG TFix SOLTEt~..Si'EP.LY AND 50~TCFIEASTERLY LWFS OF SAID CwCORD OF
SURt~Y THE FOLU7WIIjG COURSES AND DiS'CANCES:
I SOUTH 2L•50'35" LAST, 3284 FEET;
2 SOLTTi 57'53'35" EAST, 5532 FEEL;
i. NORTH 3~ ;7'ZS" EAST, 273.93 FEET TO THE POWf OF BEGL~'N1NG.
_ C'O:r-rAU-+-L*IG L0,',6F SQUARE FEbT, MOICI: oR LESS.
ALL AS MORS PAr^,i1CUL.4RLY SAOw7,L ON EXHI3i;' B ATTACFIED HEREiO .4_ND
±df.DE A PAP,T REIL=.OF
1
Resolution Number 5921
J
1
ATTACH~IEYT 1 B-DIAGRAM OF ACCESS ROADWAY ARF,A
~' ~ EXHIBIT B
~ I Acceac ltostdway Ih-rcel
1
SCALE: I' 50' ~O~ ~,~ I ~~
r ~~5~3
-' NAP OF• 8AY CIlY ~~~~~t.w
POR. 0- BLOCK B (R"D
- M.M. 3 / 19
~~ -w
R/.D PCC)
0
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S28"14'37"E
~RC
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NS7'AB'12"YM '~•
(Rno) 'J
- ~~ .$~26'la'3t'E
(] ® ,ono aRC)
N
(F2AD)
0 BELtp RABfI>S LENGTH
- l 12'Oi 49' 500.00' 106. l5'
2 6.24' 07' L!00. 00' 22 35'
3 l !' 26' S2' 90. W 17. 9B'
i t 1' 12' 25' 400. 00' 78. Z4'
5 9.73' ~ {' aa0. OD' >7. a7'
` 5 t ! • 26' 42' S0. 00' 9. 99'
7 6' 24. 07' t60. 00' l 1. 99'
i l 2' 29' { 7' 460. 00' 100. 12'
JO- ~j,
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^ BEAR LNG DiSTMT.C
L S5O' 1 El' 17• V i
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2 N21 ' S0' 35' Y a t. 7B'
3 N3O. 19' 37' c a2. 77'
4 S34 44 12' ~ 40. 06' 1
S Sg4. 44. 12' c 13. 9S' ~
-..-- - -------. l
Resolution Number 5921
ATTACHMENT 2A - LEGAL DESCRIPTION OF SEWER MAINTENANCE AREA
I:x,~ler1F• Itemnan[ Parcel
1 [0,233)
>?XiliBfl' A
- A STRIP OF LAND 40.00 FEET 1vIDE [N BLOCK B OF BAY C[TY, IPI T1TE CITY OF SEAL
BBACN, COUNTY GF ORANOE, STATIi OF CALIFORNIA, PER MAP RECORDED [N
BOOK 3, FAGS 19 ~~F MISCELLANEOUS MAPS M THE OFFICE OF THE COtJN'TY
RECORDER OF SAD COUNTY, T1TE SOUTHWASTERLY LINE OF WFIICH S'T'RIP OF
LAND LS DESCRIBED AS FOLLOWS:
CORfMENCING AT TH5 POIM OF INTERSECTION 6F THfi 6Xt'ENSLON OF THE
SOUTI~IEASTERLY LINE OF FIRST STREET AND THE 30U[FTWESCFRLY Lll`ib OF
OCEAN AVENUE AS SAID STR6'61'S ARS SHOWN ON THE MAP OF SAID BAY CfI'Y;
THENCt:, NORT[i SL°44'11" WEST, 13.95 FEET ALONG THE SOUTHWESTERLY LINE
Ok OC;EiAN AVL+NUH A3 SHOWN ON RECORD OF SURVEY NO. 2002.1090 PIi.ED AS
r INSTRUMENT N0.21030005167A4 [N D008 197, PAOI's 47 OF RL'CORD9 OP SULLV&Y [N
TH$ OFFICE OP THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF
CALIFORNIA, TO THIr ~$UE POIiVT OF B13GINh`LNO. SA1D POINT ALSO BEING AT
THE WTERSECTIOTi OF A CURVE CONCAVg NORTHWESTERLY AND HAVING A
RADIU3 OF 500.00 FEET WLITT A RADIAL TO SAm CURVE AT SAID POINT BEARING
NORTH 58'15'14" VlEST; TFIEtVCE, SOUTHWESTERLY, 106.15 FEET ALONG SAID
.. CURVE TEBiOUGH A CliNfitAL ANGLE OF 14'09'49" TO A PC)1NT OP COMPOUND
CURVE WII'Ei A CURVE CONCAVE NORTHWESTERN AND EIAVWO A RADIUS OF
200.00 FEET, A RADIAL. THROUGH SAID POINT OF CObLFOUVD CURVE BTIARING
NORTIT 46°05'30" \VEST; THFNC$ SOUTFriYFSTBRLY,' 22J5 FEEL' ALONG SAID
200.00-FOOT RADIUS CURYB TIIItOUOFI A CF.bTCRAI, ANGI:B OF 6'2f1'07" TO A POINT
OF TANGENCY WIL1I A LLNB BFiARINO 50VI7[ 50°18.37" WESI';'fFIIS(CE, SOUTH
50° 18' 37" WEST' ALCrtvG SAID TANGENT L[PIE 44.77 FEEL' TO A POIirt' OF TANGENCY
tvmH A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 90.00 FEET;
THENCE, SOUTI3WES'I'F,RLY, 17.98 FEf7 ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 11'16'51" TO A POQ~I' OF REVERSE CURVP WiT'tI A CURVE
,_ CONCAVE SOUTiiEASTL:RLY ANO HAVMG A RAONS OP X00.00 FEE'L'. A RADIAL
1TiROVGH SAID POINT OF REVERSE CURVB BARING SOUTH 18°la'31" EAST;
TH~tC& SOU~H~'STERLY, 78.TA FEET ALONG SAIO x00.00-FOOT RADIUS CURVE
THROUGH A CEN'T'RAL ANGLE OF l l°11'25'' 'i0 T1ITI SOUTi1tiVB57F.RLY LLNE OF
SALD RECORD OF SURVEY N0.2002-1090.
TI[li NORTIT7/ES17.7tLY J.WE OF SAm 40.00-FOOT•WIDB STRIP SHALL 9E
.~ LENGTTIENFA OR SHOR7-EKED TO TERMMATE SOUTHWESTERLY tN THE
SOU'['F[WFSl'ERLY LINE OF SAID RECORD OF SURVEY ANO NORTHEAS'CERLY M
THE SOUTIiWESCEF;L,Y LINE bF SAID OCEAN AV EN'UE.
r COiv?ATNINO 10,3315QUARE FE>Z, MORE OR LETS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHL•D cTERETO ANb
BLADE A PART FTF1t1iOF.
1
Resolution Number 5921
1
1
ATTACk1i41ENT 2I3- DIACRAII7 OF SEWER IbiA1NTENANCE AREA
EXHIBIT B
,I ~
~ E.nslcrly Itenmmd P'arccl
(Itl,?13)
~ ~Op~O
SCALE: t" = 50' ~OO~~,yI ~"~
MAP OF BAY CITY
POR. C7F BLOCK B
M.M. 3 / 19
_ I
S 4'3"
RAO PRC
W ~.
' `i
/_ /~_/"~
D
N39'Z 5'S6'w/
GRAD)
2
'" Q DEL to RAD Ills LEt1GTH
1 t l' i 2' 25' 400. 00' 78. 24'
2 L L' 26' S2' 90. 00' t 7. 93'
3 6' 24. 07' 200. 00' 22. 35'
-- a t 2' 04' a9' 500. 00' 106. 1 S'
~o.
0
^ BEARIltG D[STAh'CE
t S32' 1 J' 25' tf 273. 90'
2 N57• S3' 3S' 1f 5S. 32'
3 N21' S0' 35' Y 3~ 9<'
s u3tl' 18' 37' E 42. i7'
3 SSo'4a• t2'E 13 9~'
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