99-045RESOLUTION NO. 99R- 45
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1030 WEST KATELLA AVENUE
THE PURPOSES OF CONDUCTING ROADWAY
IMPROVEMENT (R/W 5180-67).
WHEREAS, the City of Anaheim has been investigating the
acquisition of various interests in property, including fee
interests and temporary construction easements, on property
located at 1030 West Katella Avenue, for the purposes of making
public roadway improvements on the circulation element of the
General Plan of the City of Anaheim; and
WHEREAS, on March 16, 1999, 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 on the following matters:
A. Whether the public interest and necessity required 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; and
WHEREAS, the City Council, as a result of such hearing, has
determined that the public health, safety and welfare require
that the City acquire various interests in the Property more
particularly described herein ("Property"), for the purposes of
widening and improving Katella Avenue; and
WHEREAS, the Project for which the Property to be acquired
is sought has previously been reviewed under applicable
environmental review procedures, including Environmental Impact
Report No. 313 (Anaheim Resort); 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 acquisition of the
Property is required consists of the widening and improving of
Katella Avenue, including installation of street landscaping and
public utilities.
- SECTION II. The Property to be acquired is located within
the City of Anaheim, County of Orange, State of California, and
is located at 1030 West Katella Avenue, (Assessor Parcel No. 137-
011-05). The portions of Property the City seeks to acquire, and
the Property interests sought, consist of the following:
A. Fee simple title to approximately 584.4 square
feet of including abuttor's rights of access in
and to Katella Avenue from property Property, as
more specifically described in Exhibit "A" hereto.
B. A temporary construction easement over
approximately 150.0 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
Katella Avenue in accordance with the approved
street construction (the "Project") The
temporary construction easement shall include the
right to perform any necessary excavation;
grading; earth fill; compaction; installation of
concrete forms; landscaping; irrigation; utility;
and sign relocation; accommodation of private
drainage facilities; and deposit of tools,
equipment, and material for all such necessary
activities which are reasonably incidental to the
-2-
work being performed on said property in
connection with the Project.
Such incidental activities shall include, but not
be limited to, adjusting grade differentials
between the planned street and the adjoining real
property and/or matching existing concrete and/or
asphalt paved areas, and/or natural grade areas,
or such work as may pertain to on-site
improvements by Public Works to render the
temporary construction easement area or the larger
parcel to which it pertains in the same functional
condition as reasonably practicable to the
condition before the Project in terms of access,
irrigation, and relation of public right of way
improvements to the larger parcel.
The temporary construction easement shall not
include the right to store any materials or park
any vehicles which are not incidental to the work
to be performed on site in connection with the
Project, nor to block all vehicular access to the
larger parcel of property of which the temporary
construction easement area is a part. In
connection with the exercise of the temporary
construction easement rights hereunder, City shall
protect all structures on the temporary
construction easement area in place, and shall
protect or restore all improvements thereon.
The rights granted hereunder shall commence
fourteen (14) days after written notification to
the property owner and shall continue in full
force and effect until written notice to the owner
of record that the temporary construction easement
is no longer needed by the City, or twelve (12)
months after notice of the initiation of the
temporary construction easement, whichever is
earlier. Upon termination of the temporary
construction easement, the temporary construction
easement area shall be restored to a condition
that is as functionally equivalent as is
practicable to its condition prior to the
commencement of the work, consistent with the
project as designed and as to be constructed.
SECTION III. The public interest and necessity require the
Project, in that the City's General Plan, and specifically the
Circulation Element, calls for the improvement of Katella Avenue
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.
-3-
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 has been planned for both sides of the roadway,
to avoid taking all of the required right-of-way from those on
one or the other side of the existing road, in an effort to
minimize any disproportionate burden 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
attendant storm drain improvements. This will enhance the
utility of the area, improve traffic circulation, and contribute
to the overall Resort Destination identity of the Anaheim Resort
Specific Plan.
SECTION V. The Property is necessary for the proposed
Project, in that the roadway widening must occur on property
immediately adjacent to the existing roadway.
SECTION VI. The offer required by Government Code §
7267.2 has been made to the record owners, by way of letter dated
April 20, 1998. Staff has attempted to negotiate with the record
owners subsequent to this offer, but such negotiations have not
proved successful in securing the necessary property interests
outside of more formal proceedings.
SECTION VII. To the extent any of the property to be taken
herein is devoted to a public use, the City finds that the
proposed use for the Project is compatible with, or more
necessary to, such public use, and that the City is authorized to
acquire the Property pursuant to Code of Civil Procedure §§
1240.510 and 1240.610.
SECTION VIII. The Project has been reviewed and approved
under the California Environmental Quality Act by way of
certification of Environmental Impact Report No.313, and the City
Council finds and determines that since the time of that
certification there have been no subsequent changes with respect
to the circumstances under which the Project is to be undertaken,
no new information of substantial importance regarding
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 previous environmental impact reports, 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
-4-
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 16 d~f M ch, 1999.
MAY R OF THE CITY OF AHEIM
ATTEST:
/~~ ~~ ~~
CITY CLERK OF THE CITY OF ANAHEIM
27883.14\MSLAUGHT\September 1, 1998
APB/ 137-011-05 EXHIBIT A
Grant to the City of Anaheim a portion of the Northeast quarter of the Northwest quarter
of Section 27, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de
Santa Ana, as per map recorded in Book 51, page 10 of Miscellaneous Maps, records
of said Orange County, described as follows:
Beginning at the centerline intersection of ICatella Avenue and West Street as shown on
a map filed in Book 75, page 31 of Records of Surveys, in the office of the County
Recorder of Orange County; thence along the centerline of ICatella Avenue
N89°54'25"E, 541.63 feet (165.09 m.); thence S00°05'35"E, 60.00 feet (18.29 m.) to
a point on the existing southern right-of--way line of Katella Avenue, said point being the
True Point of Beginning and designated as T.P.O.B. on Exhibit B; thence S00°57'02"E,
3.44 feet (1.05 m.); thence S89°20'02"W, 53.07 feet (16.18 m.) to a point on a tangent
curve concave Northwesterly having a radius of 516.00 feet (157.28 m:); thence
Southwesterly along said curve through a central angle of 00°34'23" an arc distance of
5.16 feet (1.57 m.) to a point on a tangent line; thence 889°54'25"W, 91.76 feet (27.97
m.); thence N00°49'05"W, 4.00 feet (1.22 m.); thence N89°54'25"E, 150.00 feet (45.72
m.) to the True Point of Beginning.
CONTAINING 584 SQUARE FEET (54 m~ MORE OR LESS.
EXHIBIT B
APB 13T-OII-05
AREA SUMMARY:
SMART STREET R/W TAKE 134.4 S. F. (12.5 m')
SUPPLEMENTAL R/W TAKE = 450.0 S. F. (41.8 m')
TOTAL R/W TAKE 584.4 S. F. (54.3 m')
T. C. E. AREA = 150.0 5. F. (13.9 m'>
BASIS OF BEARINGS
THE CENTERLINE OF KATELLA AVENUE
BEING N89' 54' 25' E PER R. 5. 75-3 I .
W
w
I---
~~ _ _ KATELLA
N89' S4' 25' E.
54~ 63, •r
(165.09m)
~.- ; 3.00'
(n o (0.91 m) N89' S4' 25' E, 150. 00'
w _ (45. 72m)
o+
~ NOO. 49' OS' W
0 4.00'
,Z (I. 22m)
589'S4'25'W~
91.76'
(27. 97m)
R•516.00' (157. 28mI
D•00. 34.23'
L•5. 16' l 1.57m)
ar.
~• 3 3~-~
o~tE
AVENUE
W'
~~
~,
o~ ao
i
~~ T. P. O. B.
~~
500.57' 02' E
3.44'
(I. 05m)
I .00' 589. 20' 02' W
(0.30m) 53.07'
T. C. E. (I 6. 18m)
' MAGIC CAMEL INN
AP• 137-011-05
OWNERS MAGIC LANTERN INC.
NOT TO SCALE L.EGENQ~
PROPOSED R/W LINE
- - - SMART STREET R/W LINE
1~~~ EXISTING R/W LINE
TOTAL R/W TAKE
UbiA ENGINEERING. I NC KATELLA AVENUE SMART STREET
1iT62 CON~JI STREET APPROXIMATELY 400' EAST OF WEST/KATELLA INTERSECTION
IRYI A 714
o11MIN. JOC grtD. RK ois. wP s~~ ~j7
avan~ n ~ Mo.
siqurueE p~7E W-Tf' 6/97 a-~' 6/9T
TEMPORARY CONSTRUCTION EASEMENT
R/W 5180-67
EXHIBIT "G"
A portion of the Northeast quarter of the Northwest quarter
of Section 27, Township 4 South, Range 10 West, in the Rancho
San Juan Cajon de Santa Ana, as shown on a map recorded in
Book 51, Page 10 of Miscellaneous Maps, records of Orange
County California described as follows:
A one (1) foot strip of land lying south of adjacent to and
parallel to the proposed south right-of-way line of Katella
Avenue as shown on the attached Exhibit "B".
CITY OF ANAHEIM, CALIFORNIA
Department of Public Works
P.O. Box 3222, Anaheim, California 92803
(714) 765-,5176 FAX (714) 765-5225 www.anaheim.net
January 21, 1999
Magic Lantern, Inc.
C/O Magic Lamp Motel
1030 West Katella Avenue
Anaheim, California 92802-3419
RE: APN 137-011-OS R/W 5180-67
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF
CERTAIN REAL PROPERTY LOCATED AT 1030 WEST KATELLA AVENUE
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
1030 West Katella Avenue in the City of Anaheim, and bearing the Orange County
Assessor Parcel No. 137-011-05. The City of Anaheim has been investigating the
acquisition of certain property for accommodation of the Katella Avenue Smart
Street Improvements and Anaheim Resort Area Improvements.
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 Government Code has been made
to the owner of record.
This notice is sent to inform you that the City Council of the City of Anaheim
will be asked to decide if the above conditions are met concerning the City's
acquisition of the above-referenced property, and whether the City has complied
with all other procedural requirements for utilizing the power of eminent domain
to acquire the property. This meeting will be held at or about 6:00 p.m. on
March 16, 1999, in the City Council Chambers located at 200 South Anaheim
Boulevard, Anaheim, California. If these conditions are met, the City Council
will be asked to adopt a resolution of necessity, which is a prerequisite for the
City's initiation of eminent domain proceedings to acquire property.
Page 2
RE: APN 137-011-05 R/W 5180-67
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF
CERTAIN REAL PROPERTY LOCATED AT 1030 WEST KATELLA AVENUE
For your information and convenience, a legal description of the property is
attached to this notice.
Please be advised that you are entitled to appear and be heard on any of the
matters encompassed within the resolution, and specifically those matters listed
above. Take notice that if you wish to legally challenge any action taken by the
adoption of the resolution of necessity, or any of the findings or matters
included within it, you may be limited in court to raising only those issues
raised at the resolution of necessity hearing, or in written correspondence
delivered to the City at, or prior to, the hearing on the matter.
The City Council must adopt a resolution of necessity before an eminent domain
proceeding can commence. Within six months after the adoption of a resolution of
necessity, the City may commence eminent domain proceedings in the Orange County
Superior Court. In any such proceeding, the court will be asked to determine the
amount of just compensation to which you may be entitled in the event the
property is taken in eminent domain.
Neither the pendency of the City Council's consideration of the resolution of
necessity, nor the initiation of formal eminent domain proceedings, in any way
prevents further negotiations from occurring for the acquisition of your
property, and the City will be most willing to continue such negotiations.
If you have any 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,
Nat lie A. Meeks
Development Services Manager
RMG:sm
Attachments
cc: Gary E. Johnson
File
DRU
IS
IFE ABUSE
CPIY OF ANA1iF.IM, CALIFORNIA
Public Works Department
P.O. Box 3`L22, Anaheim, California 92803 (714) 254-5176 FAX (714) 2545225
April 20, 1998
Magic Lantern, Inc.
c/o Magic Lamp Motel
1030 West Katella Avenue
Anaheim, CA 92802-3419
Re: APN 137-011-OS R/W 5180-67
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 1030 West Katella Avenue, Anaheim, California
Dear Property Owner:
This letter is being forwarded to you as the owner of record of property located at 1030 West Katella Avenue, Anaheim,
California.
The City hereby offers to acquire a portion of your property, and more particularly described in Exhibit "A" attached
hereto. This Property is sought by the City for purposes of widening and beautifying Katella Avenue/West Street
("Project"), and consists of acquiring a fee interest.
The Property has been appraised by a professional real estate appraiser retained by the City. The City is offering the
full amount reflected in the appraisal as the fair market value for the Property.
Attached hereto as Exhibit "B" is a summary of the basis of the City's appraisal fixing the amount established by the
City as just compensation for the Property. The City is offering $37,000.00 for all interests it seeks to acquire in the
Property, segregated as follows:
$29,220.00 Land
6,465.00 Improvements
-0- Severance
-0- Improvements Pertaining to the Realty
937.00 Temporary Construction Easement (Exhibit "C")
$37,000.00 Total Just Compensation Rounded from $36,622.00
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;
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 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 sea.; 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. [f 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,
~2
N talie Armas
Development Services Manager
NA:DBC:RLC1ms
Anaheim\Katella.iv\5180-67.01
EXHIBIT "B"
APPRAISAL SUMMARY
Project: KATELLA III AND IV (Commercial) R/W No. 5180-67
Location: South side of Katella Avenue, 346+/- L.F. east of West Street
Assessor Parcel Number: 137-011-OS
Date of Valuation: August 20, 1997
Owner: Magic Lantern, Inc., a California corporation
Property Address: 1030 West Katella Avenue, Anaheim, CA
Zone: Commercial RecreationlSP 92-2, Anaheim Resort Specific Plan
Present Use: Motel
Highest & Best Use: Commercial -motel
Total Property Area: 40,500 S.F. (0.93 acres)
Part Take, Area to be Acquired: 584.40 S.F.
Interest to be Acquired: Fee simple interest
Temporary Construction Easement Area: 150.00 S.F.
Improvements to be Acquired: Landscaping, railroad tie planters, lights, concrete block walls, brick planter, decorative
rock, paving and concrete walkways
Summary of Just Compensation:
Land
Improvements
Value of Part Taken
Severance Damage
Special Benefit
Net Damages
Temporary Construction Easement
Total Just Compensation (rounded)
$29,220
6.465
$ -0-
-0-
$35,685
-0-
937
$37,622 $37,000
The Improvements Pertaining to the Realty (if applicable) installed or in place on your property have been appraised
by an appraiser qualified in making appraisals of such items of Improvements Pertaining to the Realty and the City's
attorney has determined which items of Improvements Pertaining to the Realty are a part of the real property for
purposes of the City's purchase of your property, but no determination of ownership has been established.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-45 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 16th day of March, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-45 on the 16th day of March, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 16th day of March, 1999.
G~=ti~7~-~-C~~_~i' L
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-45 was duly passed and adopted by the City Council of the City
of Anaheim on March 16th, 1999.
/.~ ~~~
CITY CLERK OF THE CITY OF ANAHEIM