2003-213RESOLUTION NO. 2003R- 213
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 201 SOUTH STATE COLLEGE BOULEVARD
FOR THE PURPOSES OF THE LINCOLN AVENUE AND STATE
COLLEGE BOULEVARD INTERSECTION WIDENING
PROJECT (R/W ACQ 2002-00098).
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
at 201 South State College Boulevard, for the purposes of making public roadway improvements on
the circulation element of the General Plan of the City of Anaheim; and
WHEREAS, on November 18, 2003, after no less than fifteen (15) days written notice to the
owners of the Property referenced above, and more specifically described in the legal descriptions
attached hereto as Exhibit "A", 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 regarding the City's identification
of the "Project", and on the following matters:
A. Whether the public interest and necessity require 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;
C. Whether the Property proposed to be acquired is necessary for the Project; and
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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 including review under CEQA; 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 the Property more particularly described
herein ("Property"), for the purposes of widening and improving The Lincoln Avenue and State
College Boulevard Intersection Widening Project; and
WHEREAS, the Project for which the Property to be acquired is sought has previously been
reviewed under applicable environmental review procedures, including Negative Declaration for the
Lincoln Avenue and State College Boulevard Intersection Widening 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 Project for which the property is being acquired is the Lincoln Avenue
and State College Boulevard Intersection Widening Project which consists of the widening and
improving of Lincoln Avenue and State College Boulevard, including installation of street
landscaping and public utilities. The Location of the Project is depicted generally in the project
precise alignment dated March 25, 2003 and presented to the City Council as part of the record of
hearing in this matter.
SECTION 1I. The Property to be acquired is located within the City at 201 South State
College Boulevard, (Assessor Parcel No. 037-221-16). The portions of Property the City seeks to
acquire, and the Property interests sought, consist of the following:
Fee simple title to approximately 1,306 square feet of the Property, as more
specifically described in Exhibit "A" hereto.
Bo
A temporary construction easement over approximately 182.55 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 Lincoln Avenue and State College Boulevard in accordance with
the approved street construction (the "Project"). The temporary construction
easement shall include the right to perform within the temporary construction
easement area, 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, utilizing the
temporary construction easement area for 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
2
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, nor exercise the uses of the easement outside of the
temporary construction easement area. 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 of the commencement of construction of
the project 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.
Co
A temporary, nonexclusive construction easement to permit the City, and/or
its contractors, to enter onto the area more specifically described in the legal
description attached hereto as Exhibit "D", for the purposes of constructing
or relocating signage, including the replacement and/or relocation of sign
faces, poles, footings, wiring or electrical conduits, switches, or other
electrical appurtenances for the illumination or operation of signs and sign
structures, to maintain the continuity of signage on the property of which the
easement area is a part and also to accommodate the public improvements
contemplated under the Lincoln Avenue and State College Boulevard
Intersection Widening Project. The temporary Sign Construction/Relocation
Easement shall include the right to install curbing or similar structures, to
protect the relocated sign and sign appurtenances from vehicular damage.
The Temporary Sign Construction/Relocation Easement includes the right to
temporarily bring or store equipment, tools, and personnel onto the area of
the easement, necessary or convenient for constructing or relocating signage,
consistent with the improvements contemplated under the Lincoln Avenue
and State College Boulevard Intersection Widening Project. The rights
conferred under this easement shall be effective upon written notice from the
City or its contractor/relocation Easement, and shall continue in full force and
effect for thirty (30) days thereafter, at which point it shall expire.
Do
A temporary, nonexclusive construction easement to permit the City, and/or
its contractors, to enter onto the area more specifically described in the legal
description attached hereto as Exhibit "E", for the purposes of constructing
or relocating driveway and other vehicular or pedestrian access facilities, to
safely maintain the passage of pedestrian and vehicular access between the
public rights of way and the property of which the area described in Exhibit
"E" is a part, and also to accommodate the public improvements
contemplated under the Lincoln Avenue and State College Boulevard
Intersection Widening Project. The Temporary Driveway
Construction/Relocation Easement shall include the right to install curbing
or similar structures within the area of the easement, to direct vehicular traffic
to the relocated driveway facilities, or protect the relocated driveway or
access facilities from vehicular damage. The Temporary Driveway
Construction/Relocation Easement includes the right to temporarily bring or
store equipment, tools, and personnel onto the area of the easement,
necessary or convenient for constructing or relocating driveway or other
vehicular pedestrian access facilities, consistent with the improvements
contemplated under the Lincoln Avenue and State College Boulevard
Intersection Widening Project. The rights conferred under this easement shall
be effective upon written notice from the City or its contractor to the owner
or occupant of the easement area of the initiation of this Temporary Driveway
Construction/Relocation Easement, and shall continue in full force and effect
for thirty (30) days thereafter, at which point it shall expire.
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 Lincoln Avenue and
State College Boulevard 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 help 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 April 28, 2003 and July 24, 2003. Staff has attempted to negotiate
4
with the record owners subsequent to this offer, but such negotiations have not proved successful
in securing the necessary property interests outside of more formal proceedings.
SECTION VII. To the extent any of the property to be taken herein is devoted to a
public use, the City finds that the proposed use for the Project is compatible with, or more necessary
to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil
Procedure §§ 1240.510 and 1240.610.
SECTION VIII. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification of Negative Declaration, referenced in the Notice
of Hearing which was sent in connection with this Resolution. The City Council finds and
determines that since the time of that certification there have been no subsequent changes with
respect to the circumstances under which the Project is to be undertaken, no new information of
substantial importance regarding significant effects or mitigation measures or alternative which has
become available, and no subsequent changes have been proposed in the Project which would
require important revisions to the Negative Declaration such that no further environmental review
attending this proposed acquisition is necessary.
SECTION IX. 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 18th day of November, 2003.
MAYOR NAHEIM
OF THE
ATTEST:
/?
?i(TY CLEt{K OF TrH'~ CITY OF ANAHEIM
51891.5\cflynn\November 6, 2003 5
'HUITkZ L
HUITT-ZOLLARS, INC. ~ 430 Exchange ~ Suite 200 ~ Irvine, CA 92602-1309 ~ 714.734.5100 phone ~ 714.734.5155 fax ~ huitt-zollars, com
LEGAL DESCRIPTION
RIGHT OF WAY ACQUISITION
STATE COLLEGE BOULEVARD
A.P. NO. 037-221-16
ACQ. NO. 2002-00098
10-0998-01 (A)
11-08-02
Revised
11-20-02
That portion of Lot 94 of Tract No. 1565, in the City of Anaheim, County of Orange,
State of California, as shown on'the map filed in Book 49, Pages 20 through 24,
inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County,
together with that portion of Lot 11 of Anaheim's Extension, in the City of Anaheim,
County of Orange, State of California, as shown on the map of survey made by
William Hamel and filed in the office of the County Recorder of Los Angeles County, a
copy of which is shown in Book 3, Page 163, Et Seq., entitled "Los Angeles County
Maps," Records of said Orange County described as follows:
Beginning at the intersection of the Northwesterly line of Lot 95 of said Tract No. 1565
and a line being parallel with and 53.00 feet Westerly of the centerline of State College
Boulevard (formerly Placentia Avenue), as shown on said Tract No. 1565, said parallel
line also being the Westerly line of that certain Easement Deed recorded as Instrument
No. 86-188540 of Official Records, in the office of the County Recorder of said Orange
County; thence along said parallel line and the Westerly and Southwesterly lines of said
Easement Deed, the following courses: North 00°11'41'' East 148.76 feet to the
beginning of a curve concave Southwesterly having a radius of 25.00 feet, the Northerly
terminus of said curve being tangent to a line being parallel with and 60.00 feet
Southwesterly of the centefline of Lincoln Avenue (formerly Anaheim-Olive Road), as
shown on said Tract No. 1565, Northerly and Northwesterly 34.50 feet along said curve
through a central angle of 79004'02'' to last said parallel line, and along last said parallel
line North 78°52'21'' West 5.02 feet; thence leaving said Southwesterly line South
36°08'31'' East 30.70 feet to a line being parallel with and 60.00 feet Westerly of said
centerline of State College Boulevard; thence along last said parallel line South 00°11'41"
West 151.49 feet to said Northwesterly line of Lot 95; thence along said Northwesterly
line North 74o29'40'' East 7.27 feet to the point of beginning.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
q/l 0-0998-01/a/I/2002-00098/jrk/zk
PAGE 2
i 0-0998-01 (A)
11-08-02
Revised
11-20-02
Containing an area of 1,306 square feet, more or less.
.//'JAMES L. GARVIN, PLS 6343
q/10-0998-01/a/1/2002 -00098/j rk/zk
REVISED: 11/20/2002
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HUII-f-ZOLLARS, INC. ~ 430 Exchange ~ Suite 200 ~ Irvine, CA 92602-1309 ~ 714.734.5100 phone ~ 714.734.5155 fax ~ huitt-zoHars.cam
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 037-221-16
ACQ. NO. 2002-00098
10-0998-01 (A)
11-21-02
Revised
02-07-03
That portion of Lot 94 of Tract No. 1565, in the City of Anaheim, County of Orange,
State of California, as shown on the map filed in Book 49, Pages 20 through 24,
inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County,
together with that portion of Lot 11 of Anaheim's Extension, in the City of Anaheim,
County of Orange, State of California, as shown on the map of survey made by
William Hamel and filed in the office of the County Recorder of Los Angeles County, a
copy of which is shown in Book 3, Page 163, Et Seq., entitled "Los Angeles County
Maps," Records of said Orange County being a 1-foot strip of land, the Northeasterly and
Easterly lines of which being described as follows:
Commencing at the intersection of the Northwesterly line of Lot 95 of said Tract No.
1565 and a line being parallel with and 53.00 feet Westerly of the centerline of State
College Boulevard (formerly Placentia Avenue), as shown on said Tract No. 1565, said
parallel line also being the Westerly line of that certain Easement Deed recorded as
Instrument No. 86-188540 of Official Records, in the office of the County Recorder of
said Orange County; thence along said parallel line and the Westerly and Southwesterly
lines of said Easement Deed, the following courses: North 00°11'41" East 148.76 feet to
the beginning of a curve concave Southwesterly having a radius of 25.00 feet, the
Northerly terminus of said curve being tangent to a line being parallel with and 60.00 feet
Southwesterly of the centerline of Lincoln Avenue (formerly Anaheim-Olive Road), as
shown on said Tract No. 1565, Northerly and Northwesterly 34.50 feet along said curve
through a central angle of 79o04'02'' to last said parallel line, and along last said parallel
line North 78°52'21" West 5.02 feet to the TRUE POINT OF BEGINNING; thence
leaving said Southwesterly line South 36°08'31" East 30.70 feet to a line being parallel
with and 60.00 feet Westerly of said centerline of State College Boulevard; thence along
last said parallel line South 00°11'41'' West 151.49 feet to said Northwesterly line of
Lot 95.
The Westerly and Southwesterly lines of said strip of land to be lengthened or shortened
so as to originate in said parallel line 60.00 feet Southwesterly of the centerline of
Lincoln Avenue and terminate in said Northwesterly line of Lot 95.
q/10-0998-01/a/l/2002-00098TCE/mpd/zk
LEGAL DESCRIPTION-CONTINUED
TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 037-221-16
ACQ. NO. 2002-00098
PAGE 2
10-0998-01 (A)
11-21-02
Revised
02-07-03
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
Containing an area of 182.55 square feet, more or less.
J JAMES L. GARVIN, ~"LS 6343
q/10-0998-01/a/l/2002-00098TCE/mpd/zk
REVISED: 2,,/7/2003
EASEMENT AREA = 182.55 SQ. FT.
HUITI'-ZOL~RS SKETCH TOACCOMPANY'A LEGAL DESCRIPTION I~'~'sY MPD
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HUIIT-ZOLLABS
HUITI'-ZOLLARS, INC. I 430 Exchange I Suite 200 ~ Irvine, CA 92602-1309 ~ 714.734.5100 phone m 714.734.5155lax ~ huitt-zollars.com
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LEOAL DESCRIPTION
OVERHEAD SION TEMPORARY
CONSTRUCTION EASEMENT
A.P. NO. 037-221-16
10-0998-01 (A)
01-31-03
Revised
02-06-03
That portion of Lot 11 of Anaheim's Extension, in the City of Anaheim, County of
Orange, State of California, as shown on the map of survey made by William Hamel and
filed in the office of the County Recorder of Los Angeles County, a copy of which is
shown in Book 3, Page 163, Et Seq., entitled "Los Angeles County Maps," Records of
said Orange described as follows:
Commencing at the intersection of the Northwesterly line of Lot 95 of Tract No. 1565 as
shown on the map filed in Book 49, Pages 20 through 24, inclusive, of Miscellaneous
Maps, in the office of the County Recorder of said County, and a line being parallel with
and 53.00 feet Westerly of the centerline of State College Boulevard (formerly Placentia
Avenue), as shown on said Tract No. 1565, said parallel line also being the Westerly line
of that certain Easement Deed recorded as Instrument No. 86-188540 of Official Records,
in the office of the County Recorder of said Orange County; thence along said parallel
line and the Westerly and Southwesterly lines of said Easement Deed, the following
courses: North 00°11'41'' East 148.76 feet to the beginning of a curve concave
Southwesterly having a radius of 25.00 feet, the Northerly terminus of said curve being
tangent to a line being parallel with and 60.00 feet Southwesterly of the centerline of
Lincoln Avenue (formerly Anaheim-Olive Road), as shown on said Tract No. 1565,
Northerly and Northwesterly 34.50 feet along said curve through a central angle of
79o04'02'' to last said parallel line, and along last said parallel line North 78°52'21'' West
5.02 feet; thence leaving said Southwesterly line South 36°08'31" East 25.54 feet to the
TRUE POINT OF BEGINNING; thence continuing South 36°08'31'' East 3.72 feet;
thence South 43°49'45" West 22.10 feet; thence North 46°10'15" West 3.67 feet; thence
North 43049'45" East 22.74 feet to the TRUE POINT OF BEGINNING.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
Containing an area of 82.21 square feet, more or less.
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HUITI--ZOLLARS
HUITT-ZOLLARS, INC. * 430 Exchange * Suite 200 ~ Irvine, CA 92602-1309 * 714.734.5100 phone * 714.734.5155 I:ax ~ huitt-zollars.com
10-0998-01 (A)
~')~,/~/7" '~" 06-02-03
LmA DESC TION
TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 037-221-16
ACQ. NO. 2002-00098
Those portions of Lot 11 of Anaheim's Extension, in the City of Anaheim, County of
Orange, State of California, as shown on the map of survey made by William Hamel and
filed in the office of the County Recorder of Los Angeles County, a copy of which is
shown in Book 3, Page 163, Et Seq., entitled "Los Angeles County Maps," Records of
said Orange County described in parcels as follows:
Parcel A:
Being a 6-foot strip of land, the Easterly line of which being described as follows:
Commencing at the intersection of the Northwesterly line of Lot 95 of Tract No. 1565 as
shown on the map filed in Book 49, Pages 20 through 24, inclusive, of Miscellaneous
Maps, in the office of the County Recorder of said Orange County and a line being
parallel with and 53.00 feet Westerly of the centerline of State College Boulevard
(formerly Placentia Avenue), as shown on said Tract No. 1565, said parallel line also
being the Westerly line of that certain Easement Deed recorded as Instrument No. 86-
188540 of Official Records, in the office of the County Recorder of said Orange County;
thence along said parallel line and the Westerly and Southwesterly lines of said Easement
Deed, the following courses: North 00°11'41'' East 148.76 feet to the beginning of a
curve concave Southwesterly having a radius of 25.00 feet, the Northerly terminus of said
curve being tangent to a line being parallel with and 60.00 feet Southwesterly of the
centerline of Lincoln Avenue (formerly Anaheim-Olive Road), as shown on said Tract
No. 1565, Northerly and Northwesterly 34.50 feet along said curve through a central
angle of 79004'02'' to last said parallel line, and along last said parallel line North
78°52'21'' West 5.02 feet; thence leaving said Southwesterly line South 36°08'31" East
30.70 feet to a line being parallel with and 60.00 feet Westerly of said centerline of State
College Boulevard; thence along last said parallel line South 00°11'41" West 17.26 feet to
the TRUE POINT OF BEGINNING; thence continuing along last said parallel line South
00°I 1 '41" West 33.00 feet to a point hereinafter referred to as point "A".
Containing an area of 198 square feet, more or less.
Parcel B:
Being a 4-foot strip of land, the Easterly line of which being described as follows:
Commencing at said point "A" as described in Parcel A above; thence continuing along
last said parallel line South 00°11'41'' West 48.20 feet to the TRUE POINT OF
BEGINNING; thence continuing along last said parallel line South 00°11'41" West 36.00
feet.
q/10-0998-01/a/l/2002-00098TCE(2)/jrk/Im
LEGAL DESCRIPTION-CONTINUED
TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 037-221-16
ACQ. NO. 2002-00098
PAGE 2
10-0998-01 (A)
06-02-03
Containing an area of 144 square feet, more or less.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
q/l 0-0998 -01/a/1/2002 -00098TCFdmpd/zk
HUITr ~ZOLIARS
Hullt-Zotl~re, Inc. Ir'vine
430 Exchange, l;iuite 200, Irvine, CA 92602-1309
Phone (714) 734-5100 Fax (714) 734-5155
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
TEMPORARY
CONSTRUCTION
EASEMENT
A.P. NO. 057-221-16
A CQ. NO. 2002-00098
~ I
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10099801
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City of Anhheim
DEPARTMENT OF PUBLIC WORKS
October 1, 2003
Equilon Enterprises
c/o Larry S. Turner
2060-D Ave Los Arboles, PMB #368
Thousand Oaks, CA 91362
APN 037-221-16 - R/W ACQ2002-00098
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 201 SOUTH
STATE COLLEGE BOULEVARD
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 201 S. State College Boulevard in
the City of Anaheim, and bearing the Orange County Assessor Parcel No. 037-221-16. The
City of Anaheim has been investigating the acquisition of certain property for
accommodation of the Lincoln Avenue and State College Boulevard Intersection Widening
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.
www.anaheim.net
P.O. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
FAX (714) 765-5225
Page 2
October 1,2003
Subject: Notice of Intent to Adopt a Resolution of Necessity for Acquisition of Certain Real ProperW Located at 201 South State
College Boulevard
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. City
Council will also be asked to make a finding that the environmental impacts associated with
the proposed acquisition and the project for which the property is proposed to be acquired,
the Lincoln Avenue and State College Boulevard Intersection Widening Project, have been
adequately reviewed under Negative Declaration, adopted by City Council on
March 25, 2003, a copy of which can be reviewed at the City Clerk's office, at
200 South Anaheim Boulevard, Anaheim CA, during normal business hours. This meeting
will be held at or about 5:30 p.m. on November 18, 2003, 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.
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 me at (714) 765-5148. Thank
you for your consideration in this matter.
Very truly yours,
Development Services Manager
RMG:ln
Attachment
FN: H:La, DM1N\LETTERS\RMG-Reso of Necessity-201 S St College.doc
c Gary E. Johnson File
www. anaheim.net
City of Ana -eirn
DEPARTMENT OF PUBLIC WORKS
July 24, 2003
Equilon Enterprises
c/o Larry S. Turner
2060-D Ave Los Arboles, PMB #368
Thousand Ohks, CA 91362
Re;
Al>N: 037-221-16 R/W 2002-000~ ~>
Revised offer for Acquisition by The City of Anaheim of Portions of Property
Located at 201 S. State College Blvd., Anaheim, California
Dear Property Owner:
This letter is being forwarded to you as the owner of record of property located at 201 S. State College
Blvd., Anaheim, California.
The City of Anaheim hereby makes a revised offer to'its original offer dated April 28, 2003 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 widening and beautifying Lincoln Avenue and State College Blvd.
("Project"), and consists of acquiring a fee interest. The City is revising that offer to acquiring a Fee
Simple interest to an Easement for Public Road and Highway Purposes.
All other terms and conditions remain the same.
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 $65,000.00 for all
interests it seeks to acquire in the Property, segregated as follows:
$52,240.00
11,561.00
64,403.00
Land
Improvements
Temporary Construction Easement (Exhibit "C")
$65,000.00 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 revised offer is for title to the easement interest in the Property. Payment will be made when the
title to the Property vests in the City.
The City will pay all usual fees, charges, and costs, which arise out of this escrow.
RO. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
FAX (714)765-5225
In addition to the compensation for the Easement, 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 revised 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 revised 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 revised 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 revised 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 revised 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 revised offer, or wish to request any additional information, you
may contact Security Land.
Very truly yours,
ie Meeks
Development Services Manager
NM:DBC:RLC:hh
AnaheimXRVSD OL\ Lincoln-St College\037-221-16
EXHIBIT "B"
APPRAISAL sUMMARY
Parcel Number: 037-221-16
Date of Valuation: March 26, 2003
O.arner: Equilon Enterprises, LLC
Property Address: 201 S. State College Blvd., Anaheim, CA
Zone: CL, Commercial Limited/CH, Commercial Heavy
Present Use: Commercial - Shell service station
Highest & Best Use: Commercial
Lincoln Avenue/State College Street Widening
The southwest comer of Lincoln Avenue and State College Blvd., Anaheim, CA
R/W 2002-00097
Total Property Area: 30,402.00 S.F.
Part Take, Area to be Acquired: Temporary Construction Easement (12 Months)
182.55 S.F.
Interest to be Acquired: Easement interest
Improvements to be Acquired: Asphalt and concrete paving, curb, drainage channel, walkway,
irrigated landscaped planters, (2 light standards to be relocated).
Summary of Just Compensation:
Land
Improvements
Value of Part Taken
$52,240.00
11 561.00 $63,801.00
Severance Damage $ -0-
Special Benefit $ -0_ -
Net Damages
Temporary construction Easement (Exhibit "C")
Total Just Compensation
~o0~
$ 602.OO
$64,403.00
$65,000.00
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
April 28, 2003
Equilon Enterprises, LLC
Cio Larry S. Turner
2060-D Ave Los Arboles, PMB#368
Thousand Oaks, CA 91362
ge~
APN 037-221-16 ACQ2002-00098
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 201 S. State College Blvd., Anaheim, CA
Project: Lincoln Ave/State College Blvd.
Dear Property Owner:
This letter is being forwarded to you as the owner of record of property located at 201 S. State
College Boulevard, Anaheim, California.
The City hereby offers to acquire a portion of your property and a Temporary Construction
Easement, more particularly described in Exhibit "A" ("Property") and "C" attached hereto. This
Property is sought by the City for purposes of widening of the intersection at Lincoln Avenue and
State College Boulevard ("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 $65,000.00 for
all interests it seeks to acquire in the Property, segregated as follows:
$ 52,240.00
11,561.00
602.00
64,403.00
Land
Improvements
Temporary Construction Easement
$ 65,000.00 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 and or Easement as described herein. 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;
P.O. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
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 serb.;
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
n formation,
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,
Development Services Manager
NM:DBC:RLC:hh
Anaheim\Lil~:oh¥SI. Colleg¢\037-221-16\.ol
EXHIBIT "B"
APPRAISAL SUMMARY
Project: Lincoln Avenue/State College Street Widening
Location: The southwest comer of Lincoln Avenue and State College Blvd., Anaheim, CA
Assessor Parcel Number: 037-221-16
Date of Valuation: March 26, 2003
Owner: Equilon Enterprises, LLC
Property Address: 201 S. State College Blvd., Anaheim, CA
Zone: CL, Commercial Limited/CH, Commercial Heavy
Present Use: Commercial - Shell service station
Highest & Best Use: Commercial
Total Property Area: 30,402.00 S.F.
Part Take, Area to be Acquired: Fee
Temporary Construction Easement (12 Months)
1,306.00 S.F.
182.55 S.F.
Interest to be Acquired: Fee simple interest
Improvements to be Acquired: Asphalt and concrete paving, curb, drainage channel, walkway,
irrigated landscaped planters, (2 light standards to be relocated).
Summary of Just Compensation:
Land
Improvements
Value of Part Taken
$52,240.00
11,561.00
$63,801.00
Severance Damage $ -0-
Special Benefit $ -0-
Net Damages
Temporary construction Easement (Exhibit "C")
$ 6O2.OO
$64,403.00
Total Just Compensation $65,000.00
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. 2003R-213 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 18th day of November 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Pringle, Chavez, Hernandez, McCracken
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS:
Tait
ABSENT: MAYOR/COUNCIL MEMBERS: None
(SEAL)