2003-210RESOLUTION NO. 2003R- 210
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 100 SOUTH BROOKHURST
STREET FOR THE PURPOSES OF THE LINCOLN AVENUE
AND BROOKHURST STREET INTERSECTION
IMPROVEMENT PROJECT (R/W 2002-00079).
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
100 South Brookhurst Street, 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 100
South Brookhurst Street (Assessor Parcel No. 128-011-01). The portions of Property the City
seeks to acquire, and the Property interests sought, consist of the following:
Fee simple title to approximately 1,614 square feet of the Property, as more
specifically described in Exhibit "A" hereto.
A temporary construction easement over approximately 162 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 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; 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 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.
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 Brookhurst Street Intersection
Improvement 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 Brookhurst Street Intersection Improvement 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 Sign 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 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 5. 2003 and July 25, 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
4
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. ]~ _ ~
OF~~~E IM
MAYOR THE CITY
ATTEST:/
/j~
CITff CLERK OF THI~ CITY OF ANAHEIM
43446.11 \LNEWBERRY 5
Legal Description:
That portion of Lot 4 of Tract No. 13 as shown in a map recorded in Book 9, Page 12 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 centerline intersection of Lincoln Ave and Brookhurst Street; thence along the
centerline of Brookhurst Street South 00046'36'' West 216.00 feet; thence South 88054'05'' East
60 feet, to a point on the Easterly Right of Way Line of Brookhurst Street as established by an
Easement Deed recorded in Book 6994 Page 859 of Official Records of Orange County, said
point also being the Tree Point of Beginning for this description; thence along said Right of Way
line North 00o46'36'' East 124.86 feet to a curve concave south easterly with a radius of 25 feet;
thence, along said curve 39.41 feet through a deflection angle of 90019'00'' to the southerly right
of way of Lincoln Avenue; thence, along said southerly right of way line South 88054'05'' East
10.93 feet; thence leaving said southerly right of way line, South 49035'20" West 34.72 feet;
thence; South 01°04'30"West 126.99 feet; thence, North 88054'05'' West 9.28 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
POD
SE CORNER OF
SECTION 7
"'"""- RECORD CL
LINCOLN AVE
N88'54'O5"W
'""---CONSTRUCTION CL
L5
L4
EASEMENT NOTES:
EASEMENT FOR ROAD, AND PUBLIC UTIUTIES
DEDICATED TO THE CITY OF ANAHEIM PER DEED
RECORDED IN BOOK 6994 PAGE 859 O.R.
0
o
z
'~ 30' 30' --
i~- 60' VARIES
TPOB
S88"54'05"1 60.00
ACQ 2002-00079
APN 128-011-01
PLANS PREPARED BY:
AAE INCORPORATED
601 S~ V~C~ A~NUE, ~1~ 2~
~ ~ 92623
(7~) ~o~
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%7'39"E PER RECORDS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR.
THIS PLAT WAS PREPARED FROM RECORD DATA.
LINE TABLE:
LENGTH BEARING DISTANCE
L1 N88'54'O5"W 9.28'
L2 N88'54'O5"W 10.00'
L3 N 4-5'56'13" E 28, 20'
L4 S88'54'05"E 10.93'
L5 S88'54-'05"E 25.14'
AREA' 1614 SF
'---i /vi/L/ b/:J-'TL,/ V v ~.
PETER GAMB~O, PLS 7687
DATE
Construction Easement
APN 128-011-01
Legal Description:
That portion of Lot 4 of Tract No. 13 as shown in a map recorded in Book 9, Page 12 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 centerline intersection of Lincoln Ave and Brookhurst Street; thence along the
centedine of Brookhurst Street South 00o46, 36" West 216.00 feet; thence South 88o54'05" East
69.28 feet to the Tme Point of Beginning of the described line; thence North 01°04'30"East
126.99 feet; thence North 49035'20" East 34.72 feet to the southerly right of way line of Lincoln
Avenue.
Prepared B y: ~Datel I S Ilo ·
AAE Incorporated
601 S Valencia Ave, Suite 250
Brea, CA 92823
POB
SE CORNER OF
SECTION 7
'"'""-RECORD CL
LINCOLN AVE
N88'5~'O5"W
~'---CONSTRUCTION CL
,ka,~~~b~,.~)E DETAIL 1
AREA.
162 SF
DETAIL 1
N'rs
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'47'39"E PER RECORDS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR.
THIS PLAT WAS PREPARED FROM RECORD DATA.
LINE TABLE:
LENGTH BEARING
S88'54'05"E
L1
1_2 S88'54-'O5'E
IDISTANCE
1.51'
1.00'
PLANS
APN 128-01-1-01
PREPARED BY:
AAE INCORPORATED
Civ.. Tm'offle & TmnaOorl~t)o~
601 ~ V~ A~UE SU~ 250
~ ~ 92823
(7~) ~o~
· VARIES ~
TPOB
S88'5?____O5"E 69.___~28 __-~ )
SEE DETAIL 2
CONSTRUCTION EASEMENT DE~ 2
ACQ 2002-00079
Construction Easement for Large Sign
Legal Description:
That portion of Lot 4 of Tract No. 13 as shown in a map recorded in Book 9, Page 12 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 centerline intersection of Lincoln Ave and Brookhurst Street; thence along the
centerline of Lincoln Ave South 88054'05" East 88.24 feet; thence South 01°05'55" West 73.24
feet to the Tree Point of Beginning of this description; thence South 1°4'30'' West 21.09 feet;
thence North 88°55'30" West 17.82 feet; thence North 1°4'30" East 5.32 feet; thence North
49035'20" East 23.79 feet to the Tree Point of Beginning.
Prepared By: """
Peter Gambino, P.f_,.S. 7687 Date
AAE Incorporated
601 S Valencia Ave, Suite 250
Brea, CA 92823
POB
SE CORNER OF
SECTION 7 ~ RECORD CL
S88'54'05"E 88.24' --
/
LINCOLN
L3
L2
T~OB
L1
AVE
o
o
Z
BASIS OF BEARING:
THE BEARINGS SHOWN HEREON ARE BASED ON
THE BEARING BETWEEN OCS HORIZONTAL
CONTROL GPS STATION .3018 AND GPS STATION
5019 BEING NOO'4.7',.39"E PER RECORDS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR.
THIS PLAT WAS PREPARED FROM RECORD DATA.
LINE TABLE:
LENGTH BEARING DISTANCE
L1 S01~4'50"W 21.09'
L2 N88~5'50"W 17.82'
L3 NO1'O4'30"E 5.32'
L4 N49'35'20"E 2.3.79'
60'
AREA:
EXISTING R/W
PROPOSED R/W
CONSTRUCTION EASEMENT
FOR LARGE SIGN
ACQ 2002-00079
APN 128-011-01
PLANS PREPARED BY:
AAE INCORPORATED
(~l. T~:d~ & Tr,~qx~uUon
601 SOUTH V~ AVENUE., SUITE 250
BRF~ CA 9282,5
(?~.) e4o-o'mo
236 SF
~PETER GAMBINO, PLS 7687
DATE
www.anaheirn.n elf
City of Ad' heim
DEPARTMENT OF PUBLIC WORKS
October 1, 2003
Chris Daglas, et al
15924 Aurora Crest Drive
Whittier, California 90606
APN 028-011-01 - R/W ACQ2002-00079
Notice of Intention to Adopt a Resolution of Necessity for Acquisition
Real Property Located at 100 South Brookhurst Street
of Certain
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 100 South Brookhurst Street in the
City of Anaheim, and bearing the Orange County Assessor Parcel No. 028-011-01. 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:
A. The public ,merest and necessity require the Project.
The Project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury.
C. The property sought to be acquired is necessary for the Project.
The offer required by Section 7267.2 of the Government Code has been made
to the owner of record.
This notice is sent to inform you that the City Council of the City of Anaheim will be asked to
decide if the above conditions are met concerning the City's acquisition of the
above-referenced property, and whether the City has complied with all other procedural
requirements for utilizing the power of eminent domain to acquire the property. 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, Califomia. 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
APN 028-011-01 - R/W ACQ2002-00079
Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located at 100 South Brookhurst
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 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 tlte City Council's consideration of the resolution of necessity, nor
the i~fitiation of formal eminent domain proceedings, in any way prevents further negotiations
from 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,
~Meeks~
Development Services Manager
RMG:sm
Attachments
Gary E. Johnson
Sheryll Schroeder, City Clerk
File
www.anaheim.net
City of Ar
DEPARTMENT OF PUBLIC WORKS
May 5, 2003
Chris Daglas, et al
15924 Aurora Crest Dr.
Whittier, CA 90605
Re:
APN 028-011-01 R/W 2002-00079
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 100 S. Brookhurst Street, Anaheim, California
Project: Brookhurst/Lincoln Improvement
Dear Property Owner:
This letter is being forwarded to you as the owner of record of property located at 100 S.
Brookurst Street, Anaheim, California.
The City hereby offers to acquire a portion of your property and a Temporary Construction
Easement more particularly described in Exhibit "~ 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
$94,360.00 for all interests it seeks to acquire in the Property, segregated as follows:
$ 46,800.00
8,100.00
38,860.00
6G0.00
$ 94,360.00
Land
Improvements
Severance
Temporary Construction Easements
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;
P.O. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
FAX (714) 765-5225
Covenants, conditions, restrictions and reservations of record, that do not interfere with the City's
proposed use of the Property;
Ea~ments or rights-of-way over the land for public or quasi-public utility or public street
purposes, if any; and
4. 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.
Tile 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
Assessor Parcel Number: 128-011-01 R/W No. ACQ2002-00079
Date of Valuation: March 31, 2003
Owner: Harry and Christine Foutris (1/3); James and Dina Daglas (1/3); Chris and Alice Daglas (1/3)
Property Address: 100 S. Brookhurst St., Anaheim
Zone: CL (Commerical, Limited)
Present Use: Multi-tenant Retail Building
Highest & Best Use: As Improved
Total Property Area: + 19,366.SF.
Part Take, Area to be Acquired: 1,614 S.F.
Interest to be Acquired: Fee simple interest
Temporary Construction Area:
Improvements to be Acquired:
Summary of Just Compensation:
Street (12 month period) 162 S.F.
Sign (1 month period) 140 S.F.
Landscaping/Asphalt/Concrete Curbing
Land
Improvements
Value of Part Taken
Severance Damages to Property
Cost to Relocate Trash Enclosure
Re-stripe 24 Spaces
Paint and Sign Handicap Parking Space
9 Concrete Parking Bumpers
Corner Sign - to be relocated by City
$46,800.00
8,100.00
$34,200.00
2,500.00
1,680.00
300.00
180.00
-0-
$54,900.00
$38,860.00
Temporary Construction Easement
Street Construction (Exhibit "C")
Sign Relocation (Exhibit "D")
564.00
41.00
605.00
$ 600.00
Total Just Compensation $94,360.00
www. anaheim,net
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
July 25, 2003
Chris Daglas, et al
15924 Aurora Crest Dr.
Whittier, CA 90605
Re:
APN 028-011-01 R/W 2002-00079
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 100 S. Brookhurst Street, Anaheim, California
Project: Brookhurst/Lincoln Improvement
Dear Property Owner:
The City of Anaheim hereby makes a supplemental offer to its original offer dated May 5, 2003 to settle
the acquisition of a portion of the property located at i~0 S. Brookhurst Street, Anaheim, California.
The City hereby offers to acquire a portion of your property and Temporary Construction Easements
more particularly described in Exhibit "A", "C" and "D" attached hereto. This Property is sought by the
City for purposes of widening and beautifying Brookhurst Street and Lincoln Avenue ("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 $94,410.00 for all
interests it seeks to acquire in the Property, segregated as follows:
$46,800.00
8,100.00
38,860.00
650_00
Land
Improvements
Severance
Temporary Construction Easement (Exhibit "C & D")
$94,410.00
Total Just Compensation
This amount is for all interests, division of the amount among other parties having an interest in the
Property will be your responsibility.
This offer is for title to the fee simple interest in the Property. Payment will be made when the title to
the Property vests in the City free and clear of all recorded or unrecorded liens, encumbrances,
assessments, leases and taxes, except:
1. Taxes for the year in which the Property is purchased, which shall be cleared and paid in
the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the
time escrow for the purchase closes;
P. 0. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
FAX (714) 785-5225
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 eLseq.;
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 tmly/~yours,
N~talie Meeks c/
D~velopment Services Manager
NM:DBC:RLC:rb
EXHIRIT "B"
APPRAISAL SUMMARY
Project: Brookhurst St./Lincoln Ave. Street Widening
Assessor Parcel Number: 128-011-01
R/W No. ACQ2002-00079
Date of Valuation: March 31, 2003
Owner: Harry and Christine Foutris (1/3); James and Dina Daglas (1/3); Chris and Alice Daglas (1/3)
Property Address: 100 S. Brookhurst St., Anaheim
Zone: CL (Commerical, Limited)
Present Use: Multi-tenant Retail Building
Highest & Best Use: As Improved
Total Property Area: ± 19,366.SF.
Part Take, Area to be Acquired: 1,614 S.F.
Interest to be Acquired: Fee simple interest
Temporary Construction Area: Street (12 month period) 236 S.F.
Sign (1 month period) 140 S.F.
Improvements to be Acquired: Landscaping/Asphalt/Concrete Curbing
Summary of Just Compensation:
Land $46,800.00
Improvements 8~ i 00_00
Value of Part Taken
Severance Damages to Property
Cost to Relocate Trash Enclosure
Re-stripe 24 Spaces
Paint and Sign Handicap Parking Space
9 Concrete Parking Bumpers
Comer Sign - to be relocated by City
Benefit
$34,200.00
2,500.00
1,680.00
300.00
180.00
-0-
$54,900.00
$38,860.00
Temporary Construction Easement
Street Construction (Exhibit "C")
Sign Relocation (Exhibit "D")
Total Just Compensation
564.00
68.00
632.00
Say
$ 650_00
$94,410.00
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-210 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
!
G'i:TY CLERI~ OF TH~: CITY OF ANAHEIM
(SEAL)