2003-211RESOLUTION NO. 2003R- 211
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT EAST SIDE OF BROOKHURST
STREET NORTH OF CHERRYWOOD LANE FOR THE
PURPOSES OF THE LINCOLN AVENUE AND BROOKHURST
STREET INTERSECTION IMPROVEMENT PROJECT (R/W
2002-00091).
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
at the east side of Brookhurst Street north of Cherrywood Lane, for the purposes of making public
roadway improvements consistent with 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:
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
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 the Lincoln Avenue and Brookhurst Street Intersection
Improvement Project; and
WHEREAS, the Project for which the Property to be acquired is sought has previously
been reviewed under applicable environmental review procedures, including the Negative
Declaration for the Lincoln Avenue and Brookhurst Street Intersection Improvement 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 Brookhurst Street Intersection Improvement Project which consists of the widening and
improving of Lincoln Avenue and Brookhurst Street, including installation of street landscaping
and public utilities. The location of the project is depicted generally in the project precise alignment
dated March 18, 2003, and presented to City Council as part of the record of hearing in this matter.
SECTION II. The Property to be acquired is located within the City of Anaheim at the
east side of Brookhurst Street north of Cherrywood Lane (Assessor Parcel No. 128-641-64). The
portions of Property the City seeks to acquire, and the Property interests sought, consist of the
following:
mo
Fee simple title to approximately 957 square feet of the Property, as more
specifically described in Exhibit "A" hereto.
A temporary construction easement over approximately 185 square feet of
Property, more specifically described in Exhibit "C" and 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 Brookhurst Street 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; utili¢';
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
2
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 within the temporary construction easement area 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, 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.
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 Brookhurst Street in the manner contemplated by the Project. The Project is designed
to improve traffic circulation 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
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 May 8, 2003. 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 a 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
of 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 l 8th day of November, 2003.
MAYOR
ATTEST:
k-"f'T~/CLER~ OF TiqE CITY OF ANAHEIM
O TH~ECITY&EIM
43446.13\lnewberry'Oanuary 7. 2002 4
ACQ2002-00091
APN 128-641-064
Legal Description:
That portion of Lot "G" of Tract No. 15610 as shown in a map recorded in Book 782 Pages 26-
30 of Miscellaneous Maps in the Office of the County Recorder of Orange County; said real
property is located in the City of Anaheim, County of Orange, State of California, and is more
particularly described as follows:
Beginning at the south west corner of said Lot "G"; thence North 00046'36'' East 22.41 feet
along the westerly line of said Lot "G" to the True Point of Beginning of this description, said
point of beginning also being the beginning of a tangent curve concave east with a radius of
541.00 feet, thence along said curve 41.26 feet through a deflection angle of 4o22' 13"; thence
North 05008'49" East 87.00 feet to the beginning of a curve concave west with a radius of
309.00 feet; thence along said curve 21.96 feet through a deflection angle of 4°04'19"; thence
North 01° 04'30" East 34.80 feet to the northerly line of said Lot "G"; thence along the said
northerly line North 88054'05'' West 9.28 feet to the westerly line of said Lot "G"; thence along
the westerly Line of said Lot "G" South 00°46'36" West 184.76 feet to the True Point of
Beginning.
Prepared By:
AAE Incorporated
601 S Valencia Ave, Suite 250
Brea, CA 92823
Peter Gambino, P.L.S. 7687
Date
30'
30' I
PLANS PREPARED BY:
AAE INCORPORATED
601 SOUTH VALENCIA AVENUE, SUITE 250
BRF. A, CA 9282.3
(7~,r) 94o-o~oo
ACQ 2002-00091
APN 128-641-064
EASEMENT NOTES:
EASEMENT FOR ROAD, AND PUBUC UTIUTIES
DEDICATED TO THE CITY OF ANAHEIM PER
TRACT 15610 BK 782 PGS 26-30
VEHICULAR ACCESS RIGHTS DEDICATED TO THE
CITY OF ANAHEIM PER TRACT 15610 BK 782
PGS 26-30
BASIS OF BEARING:
THE BEARINGS SHOWN HEREON ARE BASED ON
THE BEARING BET~M[EN OCS HORIZONTAL
CONTROL GPS STATION .3018 AND GPS STATION
5019 BEING NOO'47'39"E PER RECORDS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR.
THIS PLAT WAS PREPARED FROM RECORD DATA
AS SHOWN ON TRACT 15610 RECORDED IN
BOOK 782 PAGES 26-30.
LINE TABLE:
L1 I NSS'54'o5"w IDISTANcEI
CURVE TABLE:
CURVE RADIUS DELTA LENGTH
Cl 541.00 4~22'13" 41.26'
C2 309.00 4'04'19" 21.96'
AREA' 957 SF
ACQ2002-00091
Construction Easement
APN 128-641-064
Legal Description:
That portion of Lot "G" of Tract No. 15610 as shown in a map recorded in Book 782 Pages 26-
30 of Miscellaneous Maps in the Office of the County Recorder of Orange County; said real
property is located in the City of Anaheim, County of Orange, State of California, lying one foot
easterly of the following described line:
Beginning at the south west comer of said Lot "G"; thence North 00046'36'' East 22.41 feet
along the westerly line of said Lot "G" to the Tree Point of Beginning of the described line, said
point of beginning also being the beginning of a tangent curve concave east with a radius of
541.00 feet; thence north along said curve 41.26 feet through a deflection angle of 4022, 13";
thence North 05008'49" East 87.00 feet to the beginning of a curve concave west with a radius of
309.00 feet; thence northerly along said curve 21.96 feet through a deflection angle of 4o04, 19";
thence North 01° 04'30" East 34.80 feet to the northerly line of said Lot "G".
Peter Gambino, PTL.S. 7687
AAE Incorporated
601 S Valencia Ave, Suite 250
Brea, CA 92823
Date
SEE DETAi[: 'i
PLANS
67'
PREPARED BY:
o
Z
SEE DE
TAIL 2
AAE INCORPORATED
c~. Trm"~ ~. Tmn.~,xt~m ~n~.
601 SOUTH VALENCIA AVENUE. sUn'E 250
BREA, CA 92823
(7~) 94o-omo
CONSTRUCTION EASEMENT
ACQ 2002-00091
APN 128-641-064
DETAIL 1
NTS
BASIS OF BEARING:
THE BEARINGS SHOWN HEREON ARE BASED ON
THE BEARING BETWEEN OCS HORIZONTAL
CONTROL GPS STATION 3018 AND GPS STATION
3019 BEING NOO'47'59"E PER RECORDS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR.
THIS PLAT WAS PREPARED FROM RECORD DATA
AS SHOWN ON TRACT 15610 RECORDED IN
BOOK 782 PAGES 26-50.
LINE TABLE:
LENGTH BEARING DISTANCE
L1 N88°54'O5"W 1.00'
L2 N88'54'O5"W 1.00'
CURVE TABLE:
CURVE RADIUS DELTA LENGTH
C1 541.00 4'22'13" 41.26'
C2 ,309.00 4'04'19" 21.96'
C3 540.00 4'22'13" 41.19'
C4 ,310.00 4'04'19" 22.03'
REA: 185 SF
DETAIl_ 2
www.anaheim net
City of A gheim
DEPARTMENT OF PUBLIC WORKS
October 1, 2003
Shannon Thomhill
Stonegate Anaheim Community Associate
C/o Optimum Professional Management
17731 Irvine Boulevard, Suite 212
Tustin, California 92780
APN 128-641-64 - R/W ACQ2002-00091
Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain
Real Property Located at the eastside of Brookhurst Street north of Cherrywood Lane
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 the eastside of Brookhurst Street north
of Cherrywood Lane in the City of Anaheim, and beating the Orange County Assessor Parcel
No. 128-641-64. The City of Anaheim has been investigating the acquisition of certain
property for accommodation of the Lincoln Avenue and Brookhurst Street Intersection
Improvement 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:
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.
The property sought to be acquired is necessary for the Project.
The offer required by Section 7267.2 of the Government Code has been made
to the owner of record.
This notice is sent to inform you that the City Council of the City of Anaheim will be asked to
decide if the above conditions are met concerning the City's acquisition of the
above-referenced property, and whether the City has complied with all other procedural
requirements for utilizing the power of eminent domain to acquire the property. 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 Brookhurst Street Intersection Improvement Project, have been
adequately reviewed under Negative Declaration, adopted by City Council on
March 18,2003, 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.
P.O. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
FAX (714) 765-5225
Page 2
RE:
APN 128-641-64 - R/W ACQ2002-00091
Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located at the eastside of
Brookhurst Street north of Cherry, rood lane
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 heating, or in written
correspondence delivered to the City at, or prior to, the heating on the matter.
The City Council must adopt a resolution of necessity before an eminent domain proceeding
can conunence. 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
fi-om occurring for the acquisition of your property, nor the City will be most willing to
continue such negotiations.
If you have any comments or 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:sm
Attachments
~ FILENAME \p HSADMINXLETTERS~RGAPN 12864164.doc~;
c: Gary E. Johnson
Sheryll Schroeder, City Clerk
File
~vww. anaheJm.net
City of Ana eim
DEPARTMENT OF PUBLIC WORKS
May 8, 2003
Stonegate Anaheim Community Association
C/o Optimum Professional Management
Att: Shannon Thornhill
17731 Irvine Blvd., Suite 212
Tustin, CA 92780
Re.'
APN 128-641-64 R/W 2002-00091
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at East Side of Brookhurst St. North of Cherrywood Lane, Anaheim, California
Project: Brookhurst/Lincoln Improvement
This letter is being forwarded to you as the owner of record of property located at the East Side
of Brookhurst St. North of Cherrywood Lane, Anaheim, California.
The City hereby offers to acquire a portion of your property and a Temporary Construction
Easement more particularly described in Exhibit "A" and "C" attached hereto. This Property is
sought by the City for purposes of the Brookhurst Street and Lincoln Avenue
ImprovementsCProject"), 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
$27,480.00 for all interests it seeks to acquire in the Property, segregated as follows:
$ 21,550.00
5,430.00
-0-
500.00
Land (Exhibit B)
Improvements
Severance Damages
Temporary Construction Easements (Exhibit C)
$ 27,480.00
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
ar, d 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
FAX (714) 765-5225
Covenants, restrictions and reservations of record
proposed use of the Property;
do not interfere with the City's
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,
Development Services Manager
NM:DBC:RLC:rb
EXHIBIT "B"
APPRAISAL SUMMARY
Brookhurst St./Lincoln Ave. Street Widening
~ Parcel Number: 128-641-64
Date ~ Valuation: May 1, 2003
..Owner: Stonegate Anaheim Community Association
Address:
Zone: RM-3000
Present Use: 57-1ot tract of homes
Highest & Best Use: As Improved
Total Property Area: 6.26 acres
Part Take, Area to be Acquired: 957 S.F. , Fee Simple
Temporary Construction Area: (12 month period) 185 S.F.
Improvements to be Acquired: Grass/Shrubs, 2 Trees
Summary of Just Compensation:
Land
Improvements
Value of Part Taken
Severance Damage
Special Benefit
Net Severance Damages
Temporary Construction Easement
Total Just Compensation
R/W No. ACQ2002-00091
East Side of Brookhurst St., North of Cherrywood Lane, Anaheim
$21,550.00
5,430.00
-0-
$26,980.00
-0-
$ 500.00
$27,480.00
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-211 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, Tait, Chavez, Hernandez, McCracken
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
~TY CLERK'OF THI~ CITY OF ANAHEIM
(SEAL)