Loading...
2001-102RESOLUTION NO. 2001R- 102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 969 SOUTH EUCLID STREET FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5400-02). 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 969 South Euclid Street, 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: 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; Ce 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 969 South Euclid Street, (Assessor Parcel No. 128- 264-13). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: Ae Fee simple title to approximately 2,415.80 square feet of frontage along the Property, as more specifically described in Exhibit "A" hereto. Bo A temporary construction easement over approximately 263.22 square feet of Property, more specifically described in Exhibit "C" 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 ~C" 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 2 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: CIZ~Y CLERK OF THE CITY OF ANAHEIM 27883.56L, nslaughtLn_pril 12, 2001 EXHIBIT "A" LEGAL DESCRIPTION AP NO. 128-264-13 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 SOUTH 89°42'15" WEST 199.66 FEET ALONG THE CENTERLINE OF BALL ROAD; THENCE NORTH 00o17'45" WEST 53.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE WESTERLY LINE OF THE EASTERLY 150.00 FEET OF THE SOUTHERLY 150.00 FEET OF SAID LOT 237; THENCE CONTINUING ALONG THE SAID WESTERLY LINE NORTH 00°04'40" EAST 7.26 FEET; THENCE SOUTH 89o33'56'' EAST 111.83 FEET; THENCE NORTH 45" 14'58" EAST 36.89 FEET; THENCE NORTH 00°04'09.' EAST 115.34 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY 150.00 FEET OF SAID LOT 237; THENCE ALONG THE SAID NORTHERLY LINE NORTH 89°42'15" EAST 9.03 FEET TO ITS INTERSECTION WITH A LINE 53.00 FEET WEST OF THE CENTERLINE OF EUCLID STREET AS SHOWN ON SAID MAP; THENCE SOUTH 00 °04'40" WEST 122.17 FEET ALONG THE SAID WEST LIN E OF EUCLID STREET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET AND WHICH IS TANGENT AT ITS WESTERLY TERMINUS TO SAID NORTHERLY LINE OF BALL ROAD; THENCE SOUTHERLY AND WESTERLY ALONG SAID CURVE AND SAID WEST LINE 39.11 FEET THROUGH A CENTRAL ANGLE OF 89037'35" TO SAID NORTHERLY LINE OF BALL ROAD; THENCE ALONG SAID NORTHERLY LINE SOUTH 89°42'15'. WEST 122.17 FEET TO THE TRUE POINT OF BEGINNING. THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 2415.80 SQUARE FEET. DATED THIS 10TM DAY OF APRIL, 2001. CHARLES A. TUGGLE, P.L.S.'40:~5 REGISTRATION EXPIRES 6/30/04 EXHIBIT "B" AP ly128-264-15 I I W'LY UN~ OF ~'~Y ~50' OF I I sty ~5o' or ~or ~ ~ ' ~.o.~,l I ~.-I NOO~4'40"E ~ 147.00' 5z oo' F~ ~oo ~'~o "E I ~. 7.26' I ~ ~VA ~ ~ ~V~ ~e 150' OF LOT 2371, I ~///~.- NOO~4'O9"E 115.54' ~=~.~,. "- soo~'~o"~ / ' ~L Y LINE OF EUCLID SE~ F~ EUGMD STREET / _ / BASIS OF BEARING CENTERLINE OF BALL ROAD SHOWN AS N89'42'I5"E PER TRACT NO. 2377 MM 75/29-35 )I/ED BY: LEGEND AREA DESCRIBED SCALE: 1"=40' I~EA=~4~aosrl ICHARLES'A. TUGGLE L.~. 4025 DATE BALL ROAD/EUCLID STREET N~ coRNER O~ ~z ~ ~o Eucuo ~ DRICN BY: HN CHKD: SD IDS. MAP I OATE:28/10/O0 28/10/00I _ ,[ R/lC NO. 5400-2 EXHIBIT "C" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT AP NO. 128-264-13 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 AND EASTERLY LINES OF WHICH ARE DESCRIBED AS FOLLOWS:: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF THE EASTERLY 150.00 FEET OF THE SOUTHERLY 150.00 FEET OF SAID LOT 237 WITH 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 NORTH LINE IS DESCRIBED IN DEED RECORDED SEPTEMBER 14, 1962 tN BOOK 6250, PAGE 144 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE NORTH 00°04'40" EAST 7.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°33'56.' EAST 111.83 FEET; THENCE NORTH 45"14'58" EAST 36.89 FEET; THENCE NORTH 00°04'09.. EAST 115.34 FEET TO ITS TERMINATION ON THE NORTHERLY LINE OF THE SOUTHERLY 150.00 FEET OF SAID LOT 237. THE SIDELINES OF SAiD STRIR'SHALL TERMINATE AS FOLLOWS: WESTERLY AT WEST LINE OF EAST 150.00 FEET OF SOUTH 150.00 FEET OF LOT 237. NORTHERLY AT NORTH LINE OF SOUTH 150.00 FEET OF LOT 237. THE AREA OF THE ABOVE DESCRIBED PARCEL OF LAND IS 263.22 SQUARE FEET. DATED THIS 31sT DAY OF OCTOBER, 2000. CHARLES A. TUGGLE, F~.S. 4025 REGISTRATION EXPIRES 6130104 EXHIBIT SKETCH OF TEMPORARY CONSTRUCTION EASEMENT NOO'O4 '40"E 7.26' S00'17'45"E 55. 00' AP ~128-26#-13 T.P.O.B NOO'O4 '40"E 147. 00' LINE OF E'L Y 150' OF/ S'LY 150' OF LOT 237 1.00' NTS OF LOT 237 P.O.B 115.34 i/FLY LINE OF EUCLID ST.J //-~_ EUCLID STREET BASIS OF BEARING CENTERUNE OF BALL ROAD SHOWN AS N89'42'15"EPER TRACT NO. 2377 MM 75/29-$5 APPROVED BY: LEGEND AREA DESCRIBED SCALE: 1"=4.0' I AREA--263.22SF'] CHAt~LES A. TUGGLE L.SY 4025 DATE BALL ROAD/EUCLID STREET N,/W CORNER OF 8AI. L ROAO AND EUCUO STREET DRWN BY.' HN CHKD: SD I DIS.I~AP I , DATE:28/10/O0 28/10/00 _ , R/FY NO. 5400-2 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 Samuel Magid and Dorothy C. Magid C/o Epport & Richman, LLP :[0100 Santa Monica Boulevard, Suite 1450 Los Angeles, California 90067 RE: APN 128-264-13 RW5400-02 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTy LOCATED AT 969 SOUTH EUCLID STREET Dear Property Owner: This notice is sent to you under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns the property located at 969 South Euclid Street in the City of Anaheim, and bearing the Orange County Assessor Parcel No. 128-264-13. 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. Do 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 128-264-13 RW5400-02 NOT[CE OF INTENT[ON TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISll-[ON OF CERTAIN REAL PROPERTY LOCATED AT 969 SOUTH EUCLID STREET 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 wdtten 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. Johnson File January 17, 2001 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 Samuel Magid and Dorothy C. Magid c/o Epport & Richman, LLP 10100 Santa Monica Boulevard, Suite 1450 Los Angeles, CA 90067 Attention: Francis C. Hung, Jr. Re: APN: 128-264-13 R/W: 5400-02 Offer for Acquisition by The City of Anaheim of Portions of Property Located at 969 S. Euclid Street, Anaheim, California Dear Property Owner: This letter is being forwarded to you as the owner of record of property located at 969 Euclid Street, Anaheim, California. The City hereby offers to acquire a portion of your property, and more particularly described in Exhibit "A" 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 $76,000.00 for all interests it seeks to acquire in the Property, segregated as follows: $ 75,000.00 -0- -0- 1,000.00 Land Improvements Severance Temporary Construction Easement (Exhibit "C") $ 76,000.00 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: 1. 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, Na[talie Meeks Development Services Manager NM:DBC:RLC:jl Anah ~im\lSal~-Euclid\5400-02 .ol EXHIBIT "B" APPRAISAL SUMMARY Project: BALL ROAD/EUCLID STREET WIDENING Location: Northwest corner of Ball Road and Euclid Street Assessor Parcel Number: 128-264-13 Date of Valuation: January 12, 2000 Owner: Samuel & Dorothy C. Magid Property Address: 969 S. Euclid Street, Anaheim Zone: CL - Limited Commercial Present Use: Vacant Land Highest & Best Use: Commercial Development Total Property Area: 21,475 S.F. Part Take, Area to be Acquired: 2,416 S.F. Interest to be Acquired: Fee simple interest Temporary Construction Area: 263 S.F. (12 month period) Improvements to be Acquired: None Summary of Just Compensation: Land Improvements Value of Part Taken Severance Damage $ -0- Special Benefit -0- Net Damages Temporary Construction Easement (Exhibit "C") Total Just Compensation R/W No. 5400-2 $75,000.00 -0- $75,000.00 $ 1,000.00 $76,000.00 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-102 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 (~ITY CLEI;~ OF THE CITY OF ANAHEIM (SEAL)