2004-214
RESOLUTION NO. 2004- 214
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 1210 SOUTH STATE COLLEGE BOULEVARD
FOR THE PURPOSES OF THE STATE COLLEGE BOULEVARD
AND BALL ROAD INTERSECTION IMPROVEMENT PROJECT
(R/W ACQ 2003-00147).
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
at 1210 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 October 26,2004, 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 Exhibits "A", "C" and "D", 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;
B. 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
D. 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 State College Boulevard and
Ball Road 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 Negative Declaration for the
State College Boulevard and Ball Road 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 State College
Boulevard and Ball Road Intersection Improvement Project which consists of the widening and
improving of State College Boulevard and Ball Road, including installation of street landscaping
and public utilities. The Location of the Project is depicted generally in the project precise alignment
dated October 28, 2003 and presented to the City Council as part of the record of hearing in this
matter.
SECTION n. The Property to be acquired is located within the City at 1210 South State
College Boulevard, (Assessor Parcel No. 253-141-19). The portions of Property the City seeks to
acquire, and the Property interests sought, consist of the following:
A. Fee simple title to approximately 1056 square feet of the Property, as more
specifically described in Exhibit "A" hereto.
B. A temporary construction easement over approximately 224 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 State College Boulevard and Ball Road 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
the temporary construction easement area or the larger parcel to which it
2
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.
C. A temporary, nonexclusive, transferable construction easement to permit the
City or its contractors to enter onto the area more specifically described in the
legal description attached hereto as Exhibit "D", for the purposes of
modifying, reconstructing, relocating or otherwise reconfiguring landings,
stairways, and doorway for the purpose of clearing rights of way for the
Project, and providing pedestrian access to the building located on the
property of which the area described in Exhibit "D" is a part, and to
accommodate the public improvements contemplated under the State College
Boulevard and Ball Road Intersection Improvement Project. The temporary
construction easement permits the City of Anaheim, its officers, agents,
employees and contractors, and any transferee of the easement rights acquired
hereunder, to enter upon, occupy, and pass over the temporary construction
easement area, as reasonably necessary for all purposes stated herein. The
temporary construction easement includes the right to perform any necessary
excavation, grading, earth fill, compaction, installation of concrete forms,
landscaping, irrigation, sign relocation, accommodation of private drainage
facilities, deposit of tools, equipment and material for all such necessary
activities reasonably incidental to the work being performed. The rights
granted hereunder 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 construction easement, and shall continue in full force and
3
effect until thirty (30) days thereafter, at which point it shall expire.
SECTION ill. 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 State College Boulevard
and Ball Road 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 June 24, 2004. 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 Vll. 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 Vill. 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
4
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 26th day of October, 2004, by the following roll call vote:
AYES:
Mayor Pringle, Council Members Chavez, Hernandez, McCracken
NOES:
None
ABSENT:
Council Member Tait
ABSTAIN:
None
By
MAYOR OF THE
F ANAHEIM
A~dJ~~
CITY C~ RK{OF THE CITY OF ANAHEIM
51891.17
51891.17\cflynn\November 6. 2003
5
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EXHIBIT 'A'
ACQ2 0 0 3 -oolLt 1
APN253-141-19
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 1, AS SHOWN ON A MAP
FILED IN BOOK 117 AT PAGES 19 THROUGH 20, INCLUSIVE OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL
ROAD, AS SHOWN ON SAID MAP;
THENCE, SOUTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD (SHOWN AS
BEING N 00014'58" W ON SAID MAP), SOUTH 00038'16" WEST 203.00 FEET;
THENCE, LEAVING SAID CENTERLINE ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY
LINE OF PARCEL 1 AS 'SHOWN ON SAID MAP, SOUTH 89002' 22" EAST 53,.00 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL I, SAID POINT ALSO BEING ON THE EASTERLY RIGHT
OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHOWN ON SAID PARCEL
MAP, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE, SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY SOUTH 00038'16" WEST 223.57
FEET TO THE CUSP OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF
1190.00 FEET;
THENCE, LEAVING SAID RIGHT OF WAY NORTHERLY ALONG SAID CURVE 26.44 FEET THROUGH
A CENTRAL ANGLE OF 01016'23";
THENCE, NORTH 01054'39" EAST 48.51 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 1210.00 FEET;
THENCE, ALONG SAID CURVE 11.19 FEET THROUGH A CENTRAL ANGLE OF 00031'48" TO THE
BEGINNING OF A COMPOUND CURVE HAVING A RADIUS OF 1210.00 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS SOUTH 88037'09" EAST;
THENCE, ALONG LAST SAID CURVE 61.41 FEET THROUGH A CENTRAL ANGLE OF 06030'57";
THENCE, NORTH 07053'48" EAST 50.14 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 310.00 FEET;
THENCE, ALONG SAID CURVE 26.51 FEET THROUGH A CENTRAL ANGLE OF 04053'56" TO THE
NORTHERLY LINE OF SAID PARCEL 1, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH
87000'08" EAST;
THENCE, WESTERLY ALONG SAID NORTHERLY LINE NORTH 89002'22" WEST 14.41 FEET TO
THE POINT OF BEGINNING.
CONTAINING: 1,056 SQ. FT., MORE OR LESS
V:\Projecls\14059.00\surmap\DOC\LEGALS\3041-RW-APN_253-141-I').DOC
Page lof2
ALSO AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
OCTOBER 28, 2003
IN: 14059.00.000
V:\Projecls\l4059.00\surmap\DOC\LEGALS\3041-RW -APN_253-141-19.DOC
Page 20f2
EXHIBIT 'B'
ACO 2003-0QJ.~1
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MY LICENSE EXPIRES 12/31/05
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BASIS or BEARINGS
SHEET 1 OF 1
THE BEARINGS SHOWN HEREON ARE BASED UPON
THE BEARING BETWEEN OCS HORIZONTAL
CONTROL GPS STATION 0128 AND GPS STATION
30gG BEING N 00'5"1'14" E PER RECORDS ON
FILE IN THE OFFICE or mE COUNTY SURVEYOR.
( ) = RECORD DATA PER P.M.B. 117/1"1-20
THIS PLAT WAS PREPARED fROM RECORD DATA.
PAF!CEL 2
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LINE TABLE
LINE BEARING
L 1 S8cr02 '22"E
L2 N01"54 '3g"E
L3 N07"53 '4B"E
L4 N8crOZ 'ZZ"W
L5 N8cr21'44"E
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CURVE TABLE
NO. RADIUS DEL T A
C1 11"10.00' 01'1G'23"
cz 1210.00' 00'31'48"
C3 540.00' OG'30 '57"
C4 310.00' 04'53'SCO"
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LENG TH
53.00'
48.51'
50.14'
14.41'
53.00'
LENGTH
2G.44 .
11.1"1'
G1.41'
2G.51 '
The Keith comPBo,eSfT'KC
19 Technology Drive, Irvine, CA 92618 (949) 92J-6OOO
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EXHIBIT C
ACQ2003-00147
APN253-141-19
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL I, AS SHOWN ON A MAP
FILED IN BOOK 117 AT PAGES 19 THROUGH 20, INCLUSIVE OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITH A 1.00 WIDE STRIP, THE
WESTERLY SIDELINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL
ROAD, AS SHOWN ON SAID MAP;
THENCE, SOUTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD (SHOWN AS
BEING N 00014'58" W ON SAID MAP), SOUTH 00038'16" WEST 203.00 FEET;
THENCE, LEAVING SAID CENTERLINE ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY
LINE OF PARCEL 1 AS SHOWN ON SAID MAP, SOUTH 89002'22" EAST 53.00 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE EASTERLY RIGHT
OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHQWN ON SAID PARCEL
MAP;
THENCE, SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY SOUTH 00038'16" WEST 223.57
FEET TO THE CUSP OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF
1190.00 FEET, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE, LEAVING SAID RIGHT OF WAY NORTHERLY ALONG SAID CURVE 26.44 FEET THROUGH
A CENTRAL ANGLE OF 01016' 23";
THENCE, NORTH 01054'39" EAST 48.51 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 1210.00 FEET;
THENCE, ALONG SAID CURVE 11.19 FEET THROUGH A CENTRAL ANGLE OF 00031'48" TO THE
BEGINNING OF A COMPOUND CURVE HAVING A RADIUS OF 1210.00 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS SOUTH 88037'09" EAST;
THENCE, ALONG LAST SAID CURVE 61.41 FEET THROUGH A CENTRAL ANGLE OF 06030'57";
THENCE, NORTH 0?D53' 48" EAST 50.14 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 310.00 FEET;
THENCE, ALONG SAID CURVE 26.51 FEET THROUGH A CENTRAL ANGLE OF 04053'56" TO A
POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, LYING SOUTH 89002'22" EAST 14.41
FEET FROM THE NORTHWEST CORNER THEREOF, AS MEASURED ALONG LAST SAID NORTHERLY
LINE, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 87000' 08" EAST, dAID POINT
ALSO BEING THE POINT OF TERMINATION.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED SO AS TO
INTERSECT NORTHERLY IN SAID NORTHERLY LINE OF PARCEL 1, SOUTHERLY IN A LINE
DRAWN AT RIGHT ANGLE THROUGH SAID POINT OF BEGINNING AND SHALL MEET AT ANGLE
POINTS.
CONTAINING: 224 SQ. FT., MORE OR LESS
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ALSO AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY OR
UNDER THE DIRECTION OF:
~~~B~R' P.L.S. 7408
MY LICENSE EXPIRES 12/31/2005
MARCH 26, 2004
IN: 14059.00.000
V:\Projects\14059.00\sunnap\DOC\LEGALS\TCE\3041-TCE_APN_253-141-19.DOC
Page 2 of2
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EXHIBIT 'B'
ACQ 2003-00147
A.P.N. 253-141-19
TEMPORARY CONSTRUCTION EASEMENT
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P.O.C.
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A.P.N. 253-141-1Cf
= !:224 SQ. FT.
SB8' 3 7 '09'UPRfl.
LO~ E A. SCHAMBER. P.L.S. 7408
MY LICENSE EXPIRES 12/31/05
BASIS OF BEARINGS
SHEET 1 OF 1
THE BEARINGS SHOWN HEREON ARE BASED UPON
THE BEARING BETWEEN OCS HORIZONTAL
CONTROL GPS STATION 0128 AND GPS STATION
309G BEING N 00'59'14" E PER RECORDS ON
fiLE IN THE OFFICE OF THE COUNTY SURVEYOR.
( ) = RECORD DATA PER P.M.B. 117/19-20
THIS PLAT WAS PREPARED FROM RECORD DATA.
p j.\ :=~ eEL 2
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LINE TABLE
LINE BEARING
L1 S89"02 '22"E
L2 N01'54 '39"E
L3 N07"53 '48"[
L4 S89"02 '22"E
L5 N8Cf21'44"E
P.O.B.
THIS E1IBIT WAS PR PARED
BY ME OR UNDE .MY DIRECTION.
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CURVE TABLE
NO. RADIUS DEL T A
C1 1190.00' 01'1(0'23"
C2 1210.00' 00'31'48"
C3 540.00' OG'30'57'"
C4 310.00' 04'53'5G"
~
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LENGTH
53.00'
48.51'
50.14'
14.41 '
53.00'
LENG TH
2(0.44 '
11.19 '
G1.41'
2G.51'
The Keith comPBnieSI~C
19 Technology Drive, ltvine, CA 926'8 .f949} 92J-6000
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EXHIBIT "D"
ACQ2003-00147
APN253-141-19
TEMPORARY CONSTRUCTION EASEMENTS
FOR DOOR RELOCATION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 1, AS SHOWN ON A MAP
FILED IN BOOK 117 AT PAGES 19 THROUGH 20, INCLUSIVE OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
PARCBL 1
COMMENCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL
ROAD, AS SHOWN ON SAID MAP;
THENCE, SOUTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD (SHOWN AS
BEING N 00014'58" W ON SAID MAP), SOUTH 00038'16" WEST 203.00 FEET;
THENCE, LEAVING SAID CENTERLINE ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY
LINE OF PARCEL 1 AS SHOWN ON SAID MAP, SOUTH 89002' 22" EAST 5~. 00 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE EASTERLY RIGHT
OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHOWN ON SAID PARCEL
MAP;
THENCE, SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY SOUTH 00038' 16" WEST 223.57
FEET TO THE CUSP OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF
1190.00 FEET;
THENCE, LEAVING SAID RIGHT OF WAY NORTHERLY ALONG SAID CURVE 26.44 FEET THROUGH
A CENTRAL ANGLE OF 01016' 23" ;
THENCE, NORTH 01054'39" EAST 48.51 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 1210.00 FEET;
THENCE, ALONG SAID CURVE 11.19 FEET THROUGH A CENTRAL ANGLE OF 00031'48" TO THE
BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 540.00 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS SOUTH 88037'09" EAST;
THENCE, ALONG LAST SAID CURVE 16.60 FEET THROUGH A CENTRAL ANGLE OF 01045'39" TO
THE POINT OF BEGINNING;
THENCE, RADIAL TO LAST SAID CURVE SOUTH 86051'29" EAST 7.81 FEET;
THENCE, NORTH 00038'16" EAST 23.00 FEET;
THENCE, ALONG A RADIAL LINE NORTH 89023' 26" WEST 6.31 FEET TO A POINT ON THE
NORTHERLY PROLONGATION OF LAST SAID CURVE, SAID POINT HEREINAFTER REFERRED TO AS
POINT 'A';
THENCE, SOUTHERLY ALONG SAID PROLONGED CURVE 23.26 FEET THROUGH A CENTRAL ANGLE
OF 02028'03" TO THE POINT OF BEGINNING.
CONTAINING: 165 SQ. FT., MORE OR LESS
V:\Projects\l4059.00\sunnap\DOC\LEGALS\TC'E\SIGN_RELOC' A TIONS\3041- TC'E-DOOR.AI'N _ 253-141-19.DOC
Page I of2
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PARCBL 2
BBGINNING AT THE HEREINABOVE DESCRIBED POINT 'A'. SAID POINT BEING ON A CURVE
CONCAVE EASTERLY AND HAVING A RADIUS OF 540.00 FEET;
THENCE, NORTHERLY ALONG SAID CURVE 21.56 FEET THROUGH A CENTRAL ANGLE OF
02017'14";
THENCE, NORTH 07053'48" EAST 2.84 FEET TO THE TRUE POINT OF BBGINNING;
THENCE, SOUTH 89021'44' EAST 5.59 FEET;
THENCE, NORTH 02012'37" EAST 19.44 FEET;
THENCE, SOUTH 89029' 14" EAST 5.43 FEET;
THENCE, NORTH 07053' 48" EAST 26.55 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 319.00 FEET;
THENCE, ALONG SAID CURVE 13.42 FEET THROUGH A CENTRAL ANGLE OF 02024'35";
THENCE, ALONG A RADIAL LINE NORTH 84030'47" WEST 9.00 FEET TO A POINT ON A CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 310.00 FEET;
THENCE, SOUTHERLY ALONG LAST SAID CURVE 13.04 FEET THROUGH A CENTRAL ANGLE OF
02024'35";
THENCE, SOUTH 07053'48" WEST 47.30 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 453 SQ. FT., MORE OR LESS
ALSO AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY OR
UNDER THE DIRECTION OF:
MARCH 29, 2004
IN: 14059.00.000
V:\Projecls\14059.00\surmap\DOC\LEGALS\TCE\SIGN-RELOCA TIONS\3041- TCE-DOOR-APN _ 253-141-19.DOC
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SHEET 1 OF 1
EXHIBIT '8'
ACQ 2003-00147
A.P.N. 253-141-1ct
TEMPORARY CONSTRUCTION EASEMENTS
FOR CONSTRUCTION E DOOR RELOCATION
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THIS EXHIBIT WAS PR PARED
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LOR}7NE A. I,4MBER, P.L.S. 7408
MY LICENSE EXPIRES 12/31/05
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FT.
BASIS OF B[ARINGS
TH[ 8[ARINGS SHOWN HEREON ARE 8ASED UPON
THE BEARING BETWEEN OCS HORIZONTAL
CONTROL GPS STATION 0128 AND GPS STATION
309(0 BEING N 00'59'14" E PER RECORDS ON
FILE IN THE OFFICE OF THE COUNTY SURVEYOR.
THIS PLAT WAS PREPARED FROM RECORD DATA.
( ) = RECORD DATA PER P.M.B. 117/19-20
PAF~CEL 2
LINE TABLE
LINE BEARING LENG TH
L1 S89"02 '22"E 53.00 '
L2 N01"54 '39"[ 48.51 '
L3 58(0'51'29"[ 7.81'
L4 NOO'38 '1(o"E 23.00'
L5 N89"23 '2(o"W (0.31'
L(o N07"53 '48"E 2.84'
L7 589"21 '44"E 5.59'
L8 N02'12 '37"E 19.44 '
L9 589"29 '14"E 5.43'
L10 N07'53 '48''[ 2(0.55 '
L11 N84'30'47"W 9.00'
L12 589"02 '22"E 14.41'
L13 N89"21'44"E 53.00 '
L14 S07'53 '48"W 47.30'
CURVE TABLE
NO. RADIUS DELTA LENG TH
C1 1190.00' 01"1(0 '23" 2(0.44 '
C2 1210.00' 00'31'48" 11.19'
C3 540.00' 01"45'39" 1(0.(00 '
C4 540.00' 02'17'14" 21.5(0'
C5 319.00' 02'24 '35" 13.42 '
ceo 310.00' 02'2'1'22" 13.47'
C7 310.00' 02'24 '35" 13.04'
C8 540.00' 02'28 '03" 23.2(0 ,
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The Ke;th comp9n;eSITK..C
19 TflChnology Drive, Irvine. CA 92618 (949) 92J-6000
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www.anaheim.net
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
September 13,2004
Dennis Yue and Theresa Yue, Trustees
1000 Amalfi Drive
Pacific Palisades, CA 90272-4028
RE: APN 253-141-19
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 1210 SOUTH
STATE COLLEGE BLVD.
Dear Property Owner:
This notice is sent to you under requirements of Califomia Code of Civil Procedure Section
1245.235. This notice concerns a portion of the proper1y located at 1210 South State
College Boulevard in the City of Anaheim, and bearing the Orange County Assessor Parcel
No. 253-141-19. The City of Anaheim has been investigating the acquisition of cer1ain
property for the accommodation of the State College and Ball Road 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 interest and necessity require the project.
B. 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.
D. The offer required by Section 7267.2 of the Govemment 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 State College and Ball Road Intersection Improvement Project, have been adequately
reviewed under Negative Declaration, adopted by City Council on September 3, 2003, a
copy of which can be reviewed at the City Clerk's office, at 200 South Anaheim Boulevard,
P.O. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
FAX (714) 765-5225
Page 2
September 10, 2004
Subject: Notice of Intent to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located at 1210 S. State College
Blvd.
Anaheim CA, during normal business hours. This meeting will be held at or about 5:30 p.m.
on October 26, 2004, 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.
The property, which is the subject of this Notice, consists of a fee interest in and a temporary
construction easement over a portion of your property. For your information and
convenience, a legal description of the property is attached to this notice as Exhibits A, C
andD.
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 com1 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,
v~~~.
atalie A. Meeks r ~. -
Development Services Manager
Attachment
H:\ADMIN\LETTERS\DEVELOPMENT SRVCS\REAL PROPERTY\RON\RPACQ2003-00l47-Notice of Intent.doc
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CITY OF ANAHEIM, CALIFORNIA
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Department of Public Works
P.O. Box 3222, Anaheim, California 92803
(714) 765-5176 FAX (714) 765-5225 www.anaheim.net
June 24, 2004
Mr. Dennis Vue and
Therese Yue, Trustees
1000 Amalfi Drive
Pacific Palisades, CA 90272-4028
Re: APN: 253-141-19; R/W 2002-00147
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 1210 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 12 10 S. State College Blvd.,
Anaheim, California (Property).
The City of Anaheim (City) hereby offers to acquire a portion of your property and a temporary construction
easement, and more particularly described in Exhibit "A" ,"C" and "D" attached hereto. This Property is sought by
the City for purposes of widening and beautifying State College Boulevard and Ball Road ("Project").
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 $37,615.00 for all interests it seeks to acquire in the
Property, segregated as follows:
$ 3 1 ,680.00
2,750.00
3,035.00
15000
$ 37,615.00
Land
Improvements
Temporary Construction Easement Areas
Severance
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.
It is the City's intent to relocate the side door of the Star Liquor Market on State College to a mutually agreeable
location south of it's current position. This work should not exceed 30 days, and the city is prepared to compensate
the property owner in the amount of $3,750 for each month for less rent. This payment will be dependent upon the
tenant cooperation and releasing the city from any claim or damages.
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: M'iP'~ ~@llD)f
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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;
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2. Covenants, conditions, restrictions and reservations of record, that do not interfere with the City's
proposed use of the Property;
3. Easements 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.
The City will pay alI 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 trom 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 1263.5 10 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 goodwilI should be evaluated as a part of this offer, it will do so. Such an evaluation wilI
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 wilI 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,
~.~/U~~~4_
Nl:e:eeks r--
Development Services Manager
NM:DBC:RLC:hh
Attachment I
SUMMARY OF THE BASIS OF DETERMINATION OF JUST COMPENSATION
Basis of Appraisal. The market value for the property to be acquired is based upon an
appraisal prepared in accordance with accepted appraisal principals and procedures.
Recent sales of comparable properties, income data, and depreciated replacement costs
are utilized, as appropriate. Full consideration is given to zoning, development potential,
and the income the property is capable of producing.
OWNER:
Dennis and Therese Yue, Trustees
R/W Parcel 00147
SUBJECT PROPERTY ADDRESS:
1210 S. State College Blvd.
Anaheim, CA.
ASSESSOR'S PARCEL NUMBER:
253- I 41-19
PRESENT USE:
Existing strip retail
commercial building
HIGHEST AND BEST USE:
Retention of the existing
improvements in place.
TOTAL PROPERTY AREA (Sq. Ft.):
60,548 s.f.
PROPERTY CONSIDERED FOR ACQUISITION:
Partial Taking
BASIC PROPERTY DATA
INTEREST VALUED:
Fee Simple Estate and Temporary
Construction Easements
AREA TO BE ACQUIRED:
1,056 s.f., fee taking
DA TE OF V ALUA TION:
June 7, 2004
APPLICABLE ZONING:
C-L, Limited Commercial
IMPROVEMENTS:
l6,397 s.f. retail building;
27% FAR and paved parking
area.
PHYSICAL LIMITATIONS:
n/a
PRINCIPAL TRANSACTIONS:
See Attached, Sales L-l
through L-6 and Improved
Sales 1 through 7.
SALES COMPARISON ANALYSIS:
Attached, Exhibits A and B
REPLACEMENT COST ANALYSIS:
n/a
CAPITALIZATION ANALYSIS:
Attached, Exhibit C
MARKET VALUE OF REQUIRED PROPERTY
LAND AND IMPROVEMENTS:
$2,325,000, Larger Parcel
$ 31,680, Land Taken
$ 2,750, Site Imps.
$ 3,035, TCE
*$ 3,750, monthly
Cost to Cure Damages:
$
150
*Estimated rent loss, monthly, to be realized at the time of the door relocation construction
project.
TOTAL JUST COMPENSATION FOR
ACQUISITION:
$ 37,615, Exhibit "D"
Plus: Rent Loss Monthly to be
Determined during construction
APPRAISAL FIRM:
Donahue & Company, Inc.
DEFINITION OF FAIR MARKET VALUE
(See Code of Civil Procedure 1263.320, a & b)
(a) The fair market value of the property taken is the highest price on the date
of valuation that would be agreed to by a seller, being willing to sell but
under no particular or urgent necessity for so doing, nor obliged to sell,
and a buyer, being ready, willing and able to buy but under no particular
necessity for so doing, each dealing with the other with full knowledge of
all the uses and purposes for which the property is reasonably adaptable
and available.
(b) The fair market value of the property taken for which there is no relevant
market is its value on the date of valuation as determined by any method
of valuation that is just and equitable.
COUNCIL AGENDA REPORT
SEPTEMBER 28, 2004
TO:
CITY MANAGER/CITY COUNCIL
FROM:
PUBLIC WORKS DEPARTMENT
1.
SUBJECT/TITLE:
RESOLUTION OF THE CITY COUNCIL FINDING AND
DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF A
PORTION OF CERTAIN REAL PROPERTY LOCATED AT 1210
SOUTH STATE COLLEGE BOULEVARD (RIW ACQ2003-00147)
2. REPRESENTATIVE FOR COUNCIL MEETING:
Name: Gary Johnson
Extension 4530
Mail Stop 276
3. RESPONSIBLE PERSON FOR CONTRACT ADMINISTRA TION/INSURANCE:
Name: Ron Pickett
Extension 5186
Mail Stop 276
4. SUPPORT DOCUMENTS INCLUDED:
CONTRACTIAGREEMENT
(orig.+ 3 unsigned copies)
RESOLUTION
X (orig. and 1 copy)
ORDINANCE
(1 orig. and 1 copy)
OTHER (Specify)
5. SPECIAL INSTRUCTIONS: