2001-103RESOLUTION NO. 2001R-103
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1200-1208 SOUTH EUCLID
STREET FOR THE PURPOSES OF CONDUCTING ROADWAY
IMPROVEMENT (R/W 5400-8).
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 1200-1208 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;
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;
Whether the Property proposed to be acquired is
necessary for the Project; and
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 1200-1208 South Euclid Street, (Assessor Parcel No.
129-181-04). The portions of Property the City seeks to acquire,
and the Property interests sought, consist of the following:
Fee simple title to approximately 739.00 square
feet of frontage along the Property, as more
specifically described in Exhibit "A" hereto.
A temporary construction easement over
approximately 157.00 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 KC" 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
August 29, 2000. 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
4
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:
27883.58\mslaught~p~112, 2001
EXHIBIT "A"
LEGAL DESCRIPTION
A.P. NO. 129-181-04
That portion of the North 170 feet of the West 170 feet of Lot 25 of Anaheim
Investment Company's Tract, in the City of Anaheim, County of Orange, State of
California, as per map recorded in Book 7, Pages 33 and 34 of Miscellaneous
Maps, in the Office of the County Recorder of said County, described as follows:
Beginning at the centerline intersection of Euclid Street and Ball Road, as shown
on said map of Anaheim Investment Company's Tract; thence, along the
centerline of said Euclid Street, South 0°55'57'' West, 24.460 meters (80.25 feet);
thence, at right angles to said centerline, South 89'04'03" East, 16.154 meters
(53.00 feet) to the east line of said Euclid Street as described in that certain
Conditional Dedication recorded October 19, 1970 in Book ',9735, Page 687 of
Official Records of said County, having an easterly half width of 16.154 meters
(53.00 feet), said point being the True Point of Beginning; thence, along said
easterly line, North 0°55'57'' East, 0.915 meters (3.00 feet) tQ the beginning of a
curve, concave southeasterly and having a radius of 7.620 meters (25.00 feet);
thence, northeasterly along said curve, 11.896 meters (39~03 feet) through a
central angle of 89°26'50'' to a point of tangency with the southerly line of said
Ball Road as described in said Conditional Dedication, having a southerly half
width of 16.154 meters (53.00 feet); thence, along said southerly line, South
89°37'13'' East, 37.261 meters (122.25 feet) to the east line of said West 170 feet
of Lot 25; thence, along said east line, South 0°55'57" West, 1.218 meters (4.00
feet) to a line parallel with and 1.219 meters (4.00 feet) southerly of said south
line of Ball Road; thence, along said parallel line, North 89°37'13'' West, 37.563
meters (123.24 feet) to a line that bears North 45°39'46'' East:from the True Point
of Beginning; thence, South 45°39'46'' West, 10.294 meters (33.77 feet) to the
True Point of Beginning.
Contains 68. 64 Square Meters (739 Square Feet)
David O. Knell, PLS 5301
Expires 12-31-03
D:\wpdocs~allroad\novog rod.wpd
May 8, 2000
EXHIBIT
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DAVID O. K~LL L5 5301 E~ 12-31.~3 IOATE. ~2/2T/99JOATE= 12/28/99J NO.
EXHIBIT "E,"
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 129-181-04
A 0.305 meter (1.00 foot) wide strip of land over that portion of the North 170 feet
of the West 170 feet of Lot 25 of Anaheim Investment Company's Tract, in the
City of Anaheim, County of Orange, State of California, as per map recorded in
Book 7, Pages 33 and 34 of Miscellaneous Maps, in the Office of the County
Recorder of said County, lying southeasterly and southerly of the following
described line:
Beginning at the centerline intersection of Euclid Street and Ball Road, as shown
on said map of Anaheim Investment Company's Tract; thence, along the
centerline of said Euclid Street, South 0°55'57'' West, 24.460 meters (80.25 feet);
thence, at right angles to said centerline, South 89'04'03" East, 16.154 meters
(53.00 feet) to the east line of said Euclid Street as described in that certain
Conditional Dedication recorded October 19, 1970 in Book 9735, Page 687 of
Official Records of said County, having an easterly half width of 16.154 meters
(53.00 feet), said point being the True Point of Beginning; thence, North
45°39'46'' East, 10.294 meters (33.77 feet) to a line parallel with and 17.374
meters (57.00 feet) southerly of the centerline of said Ball Road; thence, along
said parallel line, South 89°37'13" East, 37.563 meters (123.24 feet) to the east
line of said West 170 feet of Lot 25, said point being the Point of Termination.
The sidelines of said strip shall terminate easterly at said east line of the West
170 feet of Lot 25 and westerly at said east line of Euclid Street.
Contains 14.60 Square Meters (157 Square Feet), more or less
David O. Knell, PLS 5301
Expires 12-31-03
D:\wpdocs~ballroad\novogrod.wpd
May 8, 2000
KXHIBI'7
SK.~TCH OF TEI~PORARY CONSTRUCTION EASEI~ENT
AP °I29-I81-04
,tip 12.9- I ,~1 - ~ 4
AREA: 14.60 Sq. t4.1
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WlLLDAN ASSOCI/~TES
LECE~O
~7~.~7'~ 4RE,~ OF TEMPORARY CONSTRUCTION EA$£MENT
D.4VID O. KAELL LS 5301 F. XP 12-31-03
SOUTH EAST CORNER OF BALL AND EUCLID, .CITY OF ANAHEIt4.
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
George Novogroder
875 North Michigan Avenue
John Hancock Center
Chicago, Illinois 60611-1803
RE:
APN 129-181-04 RW5400-08
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION
OF CERTAIN REAL PROPERTY LOCATED AT 1200-1208 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 1200-1208 South Euclid Street in the
City of Anaheim, and bearing the Orange County Assessor Parcel No. 129-181-04. 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 129-181-04 RW5400-08
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION
OF CERTAIN REAL PROPERTY LOCATED AT 1200-1208 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 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 Supedor 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
August 29, 2000
George Novogroder
875 N. Michigan Ave.
John Hancock Center
Chicago, IL 60611-1803
Re:
APN 129-181-04 R/W 5400-8
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 1200-1208 S. Euclid St., Anaheim, California
Dear Mr. Novogroder:
This letter is being forwarded to you as the owner of record of property located at 1200-1208 S. Euclid St., 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 street widening 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 $45,300.00 for all interests it seeks to acquire in the
Property, segregated as follows:
$ 22,900.00
1,700.00
20,100.00
600.00
Land
Improvements
Severance
Temporary Construction Easement (Exhibit "C")
$ 45,300.00
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 t~ly ygurs; '~
N alie Meeks ~
~~rvices Manager
NM:DBC:RLC:jl
Anahe'm~\Ball-EuelidX5400-8. ol
EXHIBIT "B"
APPRAISAL SUMMARY,
Project: BALL ROAD/EUCLID STREET WIDENING
Location: The southeast corner of Euclid Street and Ball Road
Assessor Parcel Number: 129-181-04 R/W No. 5400-8
Date of Valuation: August 1, 2000
Owner: George Novogroder
Property Address: 1200-1208 S. Euclid St., Anaheim
Zone: CL - Limited Commercial
Present Use: Retail Building
Highest & Best Use: As Improved
Total Property Area: 21,475 S.F.
Part Take, Area to be Acquired: 739 S.F.
Interest to be Acquired: Fee simple interest
Temporary Construction Area: 157 S.F. (12 month period)
Improvements to be Acquired: Landscaping, Concrete curbing, asphalt paving and concrete walkway
Summary of Just Compensation:
Land
Improvements
Value of Part Taken
Severance Damage*
Special Benefit
Net Damages
Temporary Construction
Easement (Exhibit "C")
Total Just Compensation
$ 22,900.00
1,700.00
$ 20,100.00 -0-
$ 24,600.00
$ 20,100.00
$45,300.00
*See Exhibit D
Site Modification and Plan
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-103 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
CiTY CLEI:~ OF THE CITY OF ANAHEIM
(SEAL)