2001-100RESOLUTION NO. 2001R-100
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 901-951 SOUTH EUCLID
STREET AND 1711-1723 WEST BALL ROAD FOR THE
PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT
(R/W 5400-01).
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 901-951 South Euclid Street and 1711-1723 West Ball
Road, for the purposes of making public roadway improvements on
the circulation element of the General Plan of the City of
Anaheim; and
WHEREAS, on April 24, 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, 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:
Ao
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
De
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 Ball Road and Euclid Street; and
WHEREAS, the Project for which the Property to be acquired
is sought has previously been reviewed under applicable
environmental review procedures, including environmental impact
report No. 311 (Anaheim Resort Specific Plan E.I.R.), for the
Ball Road/Euclid Street Intersection from 200 m West of Euclid to
UPRR on Ball Road and from 200 m North of Ball Road to Palm Lane
on Euclid Street Project; 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 Ball Road/Euclid Street Intersection from
200 m West of Euclid to UPRR on Ball Road and from 200 m North of
Ball Road to Palm Lane on Euclid Street Project for which
acquisition of the Property is required consists of the widening
and improving of Ball Road and Euclid Street, 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 901-951 South Euclid Street and 1711-1723 West Ball
Road, (Assessor Parcel No. 128-264-12). The portions of Property
the City seeks to acquire, and the Property interests sought,
consist of the following:
no
Fee simple title to approximately 2,934.12 square
feet of frontage along the Property, as more
specifically described in Exhibit "A" and ~A-I"
hereto.
A temporary construction easement over
approximately 575.22 square feet of Property, more
specifically described in Exhibit "C" and "C-l"
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
2
described in the legal description, attached as
Exhibit "C" and ~C-I" as deemed reasonably
necessary for all purposes incidental to
reconstructing and widening Ball Road and Euclid
Street 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;
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 Ball Road and
Euclid Street 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 is necessitated and established by the street
alignment, in an effort to minimize any disproportionate burden
or impact of the required property being taken from individual
property owners. The project is designed in a manner compatible
with the greatest public good, in that the Project will involve
road widening, undergrounding of utilities, and upgrading parkway
landscaping, along with drainage 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
January 17,2001. 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 Environmental Impact Report No. 311, 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 Environmental Impact Report, such that no further
environmental review attending this proposed acquisition is
necessary.
SECTION IX. 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 24th day of April, 2001.
ATTEST:
CITY CL~RK OF THE CITY OF ANAHEIM
27883.55~mslaught~April 12, 2001
5
EXHIBIT "A"
LEGAL DESCRIPTION
AP NO. 128-264-12
THAT PORTION OF LOT 237 OF TRACT 2377 IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER A MAP RECORDED IN BOOK 75, PAGES 29 TO
35, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, THE SOUTHERLY AND EASTERLY LINES OF WHICH ARE DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID LOT 237 AND A LINE 53.00
FEET NORTH OF THE CENTERLINE OF BALL ROAD AS SHOWN ON SAID TRACT 2377, SAID
LINE ALSO BEING THE NORTH LINE OF BALL ROAD AS SAID NORTH LINE IS DESCRIBED
IN DEED RECORDED SEPTEMBER 14, 1962 IN BOOK 6250, PAGE 144 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE ALONG THE SAID WEST LINE NORTH 00"02'15"
EAST 0.02 FEET; THENCE LEAVING SAID WEST LINE NORTH 89"42'15" EAST 15.74 FEET
TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF
1190.00 FEET; THENCE EASTERLY ALONG SAID CURVE 68.61 FEETTHROUGH A CENTRAL
ANGLE OF 03°18'13"; THENCE NORTH 86°24'02" EAST 68.49 FEET TO THE BEGINNING OF
A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1209.00 FEET; THENCE
EASTERLY ALONG SAID CURVE 85.12 FEET THROUGH A CENTRAL ANGLE OF 04°02'02";
THENCE SOUTH 89°33'56" EAST 47.30 FEET TO A POINT ON THE WESTERLY LINE OF THE
EASTERLY 150.00 FEET OF THE SOUTHERLY 150.00 FEET MEASURED AT RIGHT ANGLES
FROM THE TANGENT PORTIONS OF THE EASTERLY AND SOUTHERLY LINES AND THEIR
SOUTHERLY AND EASTERLY PROLONGATIONS OF SAID LOT 237; THENCE SOUTH
00°04'40" EAST 7.26 FEET ALONG THE SAID WESTERLY LINE TO THE NORTHERLY LINE
OF BALL ROAD; THENCE NORTH 89°43'09'' WEST 285.02 FEET TO THE TRUE POINT OF
BEGINNING.
THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 1305.90 SQUARE FEET.
DATED THIS 10TM DAY OF APRIL, 2001.
CHARLES A. TUGGLE, P.L~. 4025
REGISTRATION EXPIRES 6/30104
SEE D£
N89'42'15"E
y15. 74'
! ~,J'l~°~J'
I L-,68~61'
EXHIBIT "~"
AP ~ 128-264-12
~-IF'LY UNE OF' LOTI237
I
CHARLES A. TUGGLE LS. '4~025 DATE
BALL ROAD
N/If' CO~B~ OF ~ ~ a EUCUO ~
o~:o~/,o/o,I ~m. o4/,o/o,1 ..... ~ ~o.
54O0-1
EXHIBIT "C"
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
AP NO. 128-264-12
A 1.00 FOOT WIDE STRIP OF LAND OVER THAT PORTION OF LOT 237 OF TRACT 2377 IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER A MAP
RECORDED IN BOOK 75, PAGES 29 TO 35, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTHERLY LINE OF WHICH
IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID LOT 237 AND A LINE 53.00
FEET NORTH OF THE CENTERLINE OF BALL ROAD AS SHOWN ON SAID TRACT 2377, SAID
LINE ALSO BEING THE NORTH LINE OF BALL ROAD AS SAID NORTH LINE IS DESCRIBED
IN DEED RECORDED SEPTEMBER 14, 1962 IN BOOK 6250, PAGE 144 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE ALONG THE SAID WEST LINE NORTH 00"02'15"
EAST 0.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE
NORTH 89°42'15" EAST 15,74 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 1190.00 FEET; THENCE EASTERLY ALONG SAID
CURVE 68.61 FEET THROUGH A CENTRAL ANGLE OF 03 ° 18'13"; THENCE NORTH 86°24'02"
EAST 68.49 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING
A RADIUS OF 1209.00 FEET; THENCE EASTERLY ALONG SAID CURVE 85.12 FEET
THROUGH A CENTRAL ANGLE OF 04°02'02"; THENCE SOUTH 89"33'56" EAST 47.30 FEET
MORE OR LESS TO ITS TERMINATION ON THE WESTERLY LINE OF THE EASTERLY 150.00
FEET OF THE SOUTHERLY 150.00 FEET OF SAID LOT 237.
THE SIDELINES OF SAID STRIP SHALL TERMINATE AS FOLLOWS:
WESTERLY AT SAID WEST LINE OF LOT 237. NORTHERLY AT SAID NORTH LINE OF LOT
237.
THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 285.26 SQUARE FEET.
DATED THIS 31sT DAY OF OCTOBER, 2000.
CHARLES A. TUGGLE]-¢.L.S. 4025
REGISTRATION EXPIRES 6/30/04
SEE DETAIL
N89*42'I 5'"E
EXHIBIT "D "
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT
AP 111128-264- 12
APPROVED B~:
.~IO0'1X'45'W~R) UNE
P.O.B /,~ ~-HfLY OF' LOT~37
. . ~ 0'02'~ · .~.
' O IN~'~5[~[ ~
~ · ' "R' I ~ I $~74 /H
~ ~-~.,~' - . 6~
~ ,,
,
/ ' k l , BASIS OF BEARING
/ I ~ .......... I CE~RUNE OF ~ R~D SHOWN AS
~ I ~~ ~ ' N89'42'15~ PER ~CT NO. 2377
I _ ~- ~N[Y UNE ~
N00'04'40"£
EUCLID STREET
LEGEND
~ AREA DESCRIBED
CHARLES A. TUGGLE L.S. 4~'~5 DATE
BALL ROAD
N/W CORNER OF BALL ROAD a EUCUD STREET
DRIfN BY: HN I CHKD: SD DIS. MAP
OATE:04/IO/01[~ OATE.'04/~O/01 - R/w NO.
5400-1
EXHIBIT "A-I#
LEGAL DESCRIPTION
AP NO. 128-264-12
THAT PORTION OF LOT 237 OF TRACT 2377 IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER A MAP RECORDED IN BOOK 75, PAGES 29 TO
35, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF EUCLID STREET AND BALL ROAD AS
SHOWN ON SAID TRACT 2377; THENCE NORTH 00004'40'' EAST 199.66 FEET ALONG THE
CENTERLINE OF EUCLID STREET; THENCE NORTH 89055'20'' WEST 53.00 FEET TO THE
TRUE POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE NORTHERLY LINE
OF THE SOUTHERLY 150.00 FEET OF SAID LOT 237; THENCE CONTINUING ALONG THE
SAID NORTHERLY LINE SOUTH 89°42'15'' WEST 9.03 FEET; THENCE NORTH 00°04'09''
EAST 69.81 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST
HAVING A RADIUS OF 1209.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 75.50
FEET THROUGH A CENTRAL ANGLE OF 03°34'41"; THENCE NORTH 03038'50'' EAST 70.51
FEET TO THE BEGINNING OFA CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
OF 1190.00 FEET; THENCE EASTERLY ALONG SAID CURVE 74.14 FEET THROUGH A
CENTRAL ANGLE OF 03°34'10'' TO A POINT ON THE WESTERLY LINE OF EUCLID STREET;
THENCE SOUTH 00004'40'' WEST 289.66 FEET ALONG THE SAID WESTERLY LINE TO THE
TRUE POINT OF BEGINNING.
THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 1628.22 SQUARE FEET.
DATED THIS 10TM DAY OF APRIL, 2001.
CHARLES A. ~
REGISTRATION EXPIRES 6/30/04
EXHIBIT "B-I"
AP ~128-264- 12
P.O.B
S8~'42'15'#'~
/
N'LY UNE OF S'LY
150' OF LOT 257
69o81"
Rt1209. 00°
L--75.50'
70.51'
'~.,~,//////////////~
~.,..o., i 1~ ~..,o.,, s~.-/
~ W'L Y UNE OF EUCLID .
CE~I~ EUGLID STREET
199.66' ~
~//////////////////~ '///x/l,,,. ......
~,.$*$4'I0'
R--1190.00'
L=74.14'
BASIS OF BEARING
CENTERUNE OF BALL ROAD SHOWN AS
N89"42'I5"E PER TRACT NO. 2377
MM 75/29-35
APPROVED BY:
LEGEND
AREA DESCRIBED
SCALE: 1"=60'
I AREA= 1,628.22SFI
DREN BY: HN
OArE:O,~/~O/O~
EUCLID STREET
CORNER OF BALL ROAD a EUCUfl STREET
CHKD: SD DIS. MAP I
DATE:04/10/OI 53 [ R/W NO. 5~00- ~
EXHIBIT "C-Ir
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
AP NO. 128-264-12
A 1.00 FOOT WIDE STRIP OF LAND OVER THAT PORTION OF LOT 237 OF TRACT 2377 IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER A MAP
RECORDED IN BOOK 75, PAGES 29 TO 35, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE EASTERLY LINE OF WHICH
tS DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF EUCLID STREET AND BALL ROAD AS
SHOWN ON SAID TRACT 2377; THENCE NORTH 00°04'40'' EAST 199.66 FEET ALONG THE
CENTERLINE OF EUCLID STREET; THENCE NORTH 89°55'20'' WEST 53.00 FEET, SAID
POINT ALSO BEING A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY 150.00 FEET
OF SAID LOT 237; THENCE CONTINUING ALONG THE SAID NORTHERLY LINE SOUTH
89°42'15" WEST 9.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°04'09''
EAST 69.81 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST
HAVING A RADIUS OF 1209.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 75.50
FEET THROUGH A CENTRAL ANGLE OF 03°34'41"; THENCE NORTH 03°38'50'' EAST 70.51
FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF
119000 FEET; THENCE EASTERLYALONG SAID CURVE 74.14 FEETTHROUGH A CENTRAL
ANGLE OF 03°34'10'' TO ITS TERMINATION ON THE WEST LINE OF EUCLID STREET.
THE SOUTHERLY SIDELINE OF SAID STRIP SHALL TERMINATE AT THE NORTHERLY LINE
OF THE SOUTHERLY 15000 FEET OF LOT 237.
THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 269.96 SQUARE FEET.
DATED THIS 31sT DAY OF OCTOBER, 2000.
CHARLES A. TUGGLE, ¢~.L.S. 4025
REGISTRATION EXPIRES 6/30/04
EXHIBIT '~-I"
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT
AP ~128-2~4-12
P.O.8
S89'42'15"W
T.P.O.8 /
NOO*O4'40"E / 199.66' ~
EUCLID STREET-/
BASIS OF BEARING
CENTERLINE OF ~ ROAD SHOWN AS
N89'42'lS"E PER TRACT NO. 2,177
MM 75/29-,.T5
APPROVED BY:
LEGEND
AREA DESCRIBED
SCALE: 1"=60'
[ ,4REA=2eg. 96SFI
Dewan, Lundln &
~m~ (714) 740-4B40 F~ ?,,1~-11842
CHARLES A. TUGGLE L.S. 4025 DATE
EUCLID STREET
N/W CORNER OF 8ALL RO4D & EUCUD STREET
DRWN BY: HN J CHKD: SD DIS. bIAP J
DATE..O4/10/OII' DATE:04/fO/01 55 J R/W NO. 5400-1
CITY OF ANAHEIM, CALIFORNIA
Department of Public Works
P.O. Box 3222, Anaheim, California 92803
(714) 765-5176 FAX(714) 765-5225 www.anaheim.net
February 28, 2001
Ball Euclid Plaza
C/o Epport & Richman, LLP
10100 Santa Monica Boulevard, Suite 1450
Los Angeles, California 90067
RE:
APN 128-264-12 RW5400-01
NOT[CE OF INTENT[ON TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION
OF CERTAIN REAL PROPERTY LOCATED AT 901-951 SOUTH EUCLID STREET AND 1711-
1723 WEST BALL ROAD
Dear Property Owner:
This notice is sent to you under requke, ments of California Code of Civil Procedure Section
1245.235. This notice concerns the prol~rty located at 901-951 South Euclid Street and 1711-
1723 West Ball Road in the City of Anaheim, and bearing the Orange County Assessor Parcel
No. 128-264-:L2. The City of Anaheim has been investigating the acquisition of certain property
for accommodation of the Ball Road/Euclid Street intersection project.
California Code of Civil Procedure .,Section 1240.030 provides that the power of eminent domain
may be exercised to acquire property for a proposed public project if the following conditions
are established:
A. The public interest and necessity require the project.
The project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury.
C. The property sought to be acquired is necessary for the project.
The offer required by Section 7267.2 of the Government Code has been made to the
owner of record.
This notice is sent to inform you that the City Council of the City of Anaheim will be asked to
decide if the above conditions are met concerning the City's acquisition of the above-referenced
property, and whether the City has complied with all other procedural requirements for utilizing
the power of eminent domain to acquire the property. This meeting will be held at or about
6:00 p.m. on April 24, 2001, in the City Council Chambers located at 200 South Anaheim
Boulevard, Anaheim, California. If these conditions are met, the City Council will be asked to
adopt a resolution of necessity, which is a prerequisite for the City's initiation of eminent domain
proceedings to acquire property.
Page 2
RE:
APN 128-264-12 RW5400-01
NOT[CE OF INTENT[ON TO ADOPT A RESOLUT[ON OF NECESSITY FOR ACQUISITION
OF CERTAIN REAL PROPERTY LOCATED AT 901-951 SOUTH EUCLID STREET AND 1711-
1723 WEST BALL ROAD
For your information and convenience, a legal description of the property is attached to this
notice.
Please be advised that you are entitled to appear and be heard on any of the matters
encompassed within the resolution, and specifically those matters listed above. Take notice
that if you wish to legally challenge any action taken by the adoption of the resolution of
necessity, or any of the findings or matters included within it, you may be limited in court to
raising only those issues raised at the resolution of necessity hearing, or in written
correspondence delivered to the City at, or prior to, the hearing on the matter.
The City Council must adopt a resolution of necessity before an eminent domain proceeding can
commence. Within six months after the adoption of a resolution of necessity, the City may
commence eminent domain proceedings in the Orange County Superior Court. In any such
proceeding, the court will be asked to determine the amount of just compensation to which you
may be entitled in the event the property is taken in eminent domain.
Neither the pendency of the City Council's consideration of the resolution of necessity, nor the
initiation of formal eminent domain proceedings, in any way prevents further negotiations from
occurring for the acquisition of your property, and the City will be most willing to continue such
negotiations.
If you have any questions, please do not hesitate to contact Ms. Natalie Meeks at
(714) 765-5148. Thank you for your cooperation in this matter.
Very truly yours,
Development Services Manager
RMG:w
Attachment
CC:
Gary E. 3ohnson
File
CITY OF ANAHEIM, CALIFORNIA
Department of Public Works
P.O. Box 3222, Anaheim, California 92803
(714) 765-5176 FAX (714) 765-5225 www.anaheim.net
January 17, 2001
Ball Euclid Plaza
c/o Epport & Richman, LLP
I0100 Santa Monica Boulevard, Suite 1450
Los Angeles, CA 90067
Re:
APN: 128-264-12 R/W: 5400~01
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 901-951 S. Euclid Street and 1711-1723 W. Ball Road, Anaheim, California
Dear Property Owner:
This letter is being forwarded to you as the owner of record of property located at 901-951 S. Euclid Street and 1711-
1723 W. Ball Road, Anaheim, California.
The City hereby offers to acquire a portion of your property, and more particularly described in Exhibit "A" and
"A-1" attached hereto. This Property is sought by the City for purposes of intersection alignment of Ball Road and
Euclid Street ("Project"), and consists of acquiring a fee interest.
The Property has been appraised by a professional real estate appraiser retained by the City. The City is offering the
full amount reflected in the appraisal as the fair market value for the Property.
Attached hereto as Exhibit "B" is a summary of the basis of the City's appraisal fixing the amount established by the
City as just compensation for the Property. The City is offering $369,800.00 for all interests it seeks to acquire in the
Property, segregated as follows:
$ 58,700.00
16,500.00
293,200.00
1,400.00
Land
Improvements
Severance
Temporary Construction Easement (Exhibit "C" and "C-1 ")
$ 369,800.00
Total Just Compensation
This amount is for all interests, division of the amount among other parties having an interest in the Property will be
your responsibility.
This offer is for title to the fee simple interest in the Property. Payment will be made when the title to the Property
vests in the City free and clear of all recorded or unrecorded liens, encumbrances, assessments, leases and taxes,
except:
Taxes for the year in which the Property is purchased, which shall be cleared and paid in the manner
required by Section 5086 of the Revenue and Taxation Code, if unpaid at the time escrow for the
purchase closes;
Covenants, conditions, restrictions and reservations of record, that do not interfere with the City's
proposed use of the Property;
Easements or rights-of-way over the land for public or quasi-public utility or public street purposes, if
any; and
Any other interests in the Property or exceptions to title appearing on a preliminary title report or
litigation guarantee, which are accepted by the City in writing through escrow.
The City will pay all usual fees, charges, and costs which arise out of this escrow.
This offer is subject to, and contingent upon, acceptable soil conditions of the property, and the absence from the
property of toxic or hazardous substances and any other kind of soil or water contamination, delivery of a disclosure
statement regarding such conditions, grant of a right of entry to the City of Anaheim for the purpose of conducting a
soils, toxic and hazardous substances investigation of the subject property and to City Council approval. This offer is
subject to modification depending on the results of such an investigation.
In addition to the compensation for the fair market value of the Property, you may also be entitled to relocation
assistance pursuant to State Relocation Assistance Law (California Government Code Sections 7260 et seq.;
Relocation Assistance and Real Property Acquisition Guidelines, California Administrative Code Title 25),' or local
relocation guidelines. Relocation assistance is not a part of this offer. If you would like to inquire further regarding
your eligibility for relocation assistance on this matter please contact our consultant, Security Land & Right of Way
Services, Inc. at (562) 988-9285.
Please be advised that California Code of Civil Procedure Section 1263.510 allows a party whose property is subject to
public acquisition to claim compensation for loss of business goodwill. A copy of that section is attached. This offer
does not reflect any amount of compensation attributable to any loss of business goodwill. If you would like the City
to consider whether goodwill should be evaluated as a part of this offer, it will do so. Such an evaluation will require
you to provide certain information to the City, including tax returns. If you wish to explore a goodwill claim further
at this time, please contact Security Land at the number given above.
If this offer is acceptable to you, please so indicate to the undersigned, in writing. Upon your acceptance, the City
will prepare and forward to you an agreement. Upon receipt of a signed agreement, the.matter will be reviewed by the
City Council, which has final ratification authority.
If for any reason you are not satisfied with this offer of just compensation, and have relevant information regarding the
value of the Property that you would like the City to consider, it will be happy to do so. If you have such information,
please contact Security Land at the number given above. In addition, you should be aware that in the event
negotiations fail to result in agreement, and the City decides to proceed with acquisition of the Property through
eminent domain, you will have the right to have the amount of just compensation to be paid by the City for the
Property fixed by a court of law. If you have any questions regarding this offer, or wish to request any additional
information, you may contact Security Land.
Very truly yours,
N~talie Meeks
Development Services~Manager
NM:DBC:RLC:jl
Anahc'un\ Ball- EuclldL5400-1 .ol
APPRAISAL SUMMARY
Project: BALL ROAD/EUCLID STREET WIDENING
Location: Northwest corner of Euclid Street and Ball Road extending West
Assessor Parcel Number: 128-264-12 R/W No. 5400-01
Date of Valuation: January 12, 2000
Owner: Ball Euclid Plaza, LLC
Property Address: 901-951 S. Euclid Street and 1711-1723 W. Ball Road, Anaheim
Zone: CL - Limited Commercial
Present Use: Retail Center
Highest & Best Use: As Improved
Total Property Area: 7.0 Acres
Part Take, Area to be Acquired: 2,934 S.F.
Interest to be Acquired: Fee simple interest
Temporary Construction Area: 575 S.F. (12 month period)
Improvements to be Acquired: 2,030 S. F. of asphalt and concrete paving, shrubs, trees and irrigation system, and
114 S. F. of building at Anaheim Liquor, 13 S.F. of building at Happy Panda and 11 S.F. of building at Little
Caesars.
Summary of Just Compensation:
Land
Improvements
Paving $6,100.00
Landscaping $6,000.00
Buildings $4,400.00
Value of Paxt Taken
Severance Damage*
Special Benefit
Net Damages
Temporary Construction
Easement (Exhibit "C" and "C-1 ")
$58,700.00
$16,500.00
$293,200.00
-0-
$ 75,200.00
$293,200.00
$ 1,400.00
Total Just Compensation
$369,800.00
*Cost to cure damages as setforth in Exhibit "D".
The Improvements Pertaining to the Realty (if applicable) installed or in place on your property have been
appraised by an appraiser qualified in making appraisals of such items of Improvements Pertaining to the Realty and
the City's attorney has determined which items of Improvements Pertaining to the Realty are a part of the real
property for purposes of the City's purchase of your property, but no determination of ownership has been
established.
It is the City's intention to repair and/or replace the existing irrigation system or resurface and stripe the immediate
parking area (if applicable), as a result of the impact by the project.
The determination of market value of the property being acquired is based upon a market value appraisal prepared
in accordance with accepted appraisal procedures. The value of the property is based upon an analysis of recent
sales of comparable sites and similar properties in this locality with consideration of the highest and best use for
development of the property.
FAIR MARKET VALUE, as used in the appraisal, is "... the highest price on the date of valuation that would be
agreed to pay a seller, being willing to sell but under no particular or urgent necessity for doing so, nor obligated
to sell, and a buyer being ready, willing and able to buy but under no particular necessity for doing so, each
dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably
adaptable and available." (Code of Civil Procedure Section 1263.320)
Pursuant to State law, any decrease or increase in the value of the property to be acquired prior to the date of
valuation caused by the public improvements or project for which the property is to be acquired, or by the
likelihood that the property would be acquired for such an improvement or project, other than that due to physical
deterioration within the reasonable control of the owner, has been disregarded by the appraiser in making the
determination of the fair market value of the property.
In reaching the conclusion on fair market value, the appraiser has given full and careful consideration to the highest
and best use for the property and to all features inherent in the property affecting its market value.
This summary of the basis of the amount offered as just compensation is presented in compliance with federal and
state laws and has been derived from a formal appraisal prepared by an independent fee appraiser which includes
supporting sales data and other documentation.
Anahelm\Ball-Euclid\5400-1 .AS
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-100 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 24th day of April, 2001, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
TEMPORARILY ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus
THE CITY OF ANAHEIM
(SEAL)