92-167 RESOLUTION NO. 92R - 167
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM FINDING AND
DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUIRING AND
AUTHORIZING THE CONDEMNATION OF
CERTAIN REAL PROPERTY. (RW 6000-10
Patel)
The City Council of the city of Anaheim does hereby
resolve and determine, by a vote of not less than two-thirds of
its members, as follows:
SECTION I. That the public interest and necessity
require the acquisition of the hereinafter described real
property, or interest in real property, for a public use and
improvement, to wit: road and public utility purposes.
SECTION II. The City of Anaheim is authorized to
acquire the hereinafter described real property, or interest in
real property, pursuant to Government Code Section 37350.5.
SECTION III. The city Council of the city of Anaheim
finds and determines that:
A. The public interest and necessity require the
proposed project.
B. The proposed 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 hereinafter described real property, or interest
in real property, is necessary for the proposed
project.
D. The offer required by Section 7267.2 of the Government
Code has been made to the owner or owners of record.
SECTION IV. That the city of Anaheim is hereby
authorized and empowered to acquire by condemnation in the name
of the City of Anaheim to be used for said road and public
utility purposes in accordance with the provisions of the Code of
civil Procedure and the Constitution of California relating to
eminent domain, the fee title to the following described real
property, unless a lesser estate is expressly described.
The said real property or interest in real property is
specifically described on Exhibit A, attached hereto and
incorporated by reference herein.
SECTION V. In the event that any real property, or
interest in real property, as described in Section IV, is devoted
to a public use, the city of Anaheim is hereby authorized to
acquire by eminent domain, said property pursuant to Code of
Civil Procedure Section 1240.610.
SECTION VI. In the event that any real property, or
interest in real property, as described in Section IV constitutes
a part only of a larger parcel of property, the City of Anaheim
is hereby authorized to acquire by eminent domain pursuant to
Code of Civil Procedure Section 1240.410 any "remnant(s)" as
defined in said section.
SECTION VII. The law firm of Oliver, Barr & Vose,
special attorneys for the City of Anaheim, and the City Attorney
are hereby authorized to prepare and prosecute in the name of the
City, such proceeding or proceedings in the proper court having
jurisdiction thereof, as are necessary for such acquisition; and
to prepare and file such pleadings, documents, briefs and other
instruments, and to make such arguments and to take such actions
as may be necessary in the opinion of said attorneys to acquire
for said City the said real property. Said 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 (Code of Civil Procedure, Title 7, Chapters 1-12,
Sections 1230.010-1273.050). The City Attorney is authorized to
assign this work to such other attorneys as the City Attorney
deems appropriate.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the city of Anaheim this 28th day of July, 1992.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
MES
070692
-2-
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. 92R-167
was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th
day of July, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-167 on the 29th ~
day of July, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th
day of July, 1992.
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. 92R-167 duly passed and adopted by the City Council of: the City of Anaheim on July 28, 1992.
R/W NO. 6000-10 LEGAL DESCRIPTION
STATE COLLEGE BOULEVARD AND ORANGEWOOD AVENUE EAST SIDE OF STATE
COLLEGE BOULEVARD.
AN EASEMENT IN FAVOR OF CITY OF ANAtIEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, FOR ROAD, PUBLIC UTILITY AND INCIDENTAL PURPOSES.
THAT CERTAIN PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE LOT 2 OF TRACT NO. 71, AS PER MAP RECORDED IN
BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDS OF SAID COUNTY.
BEGINNING AT A POINT ON THE CENTER LINE OF STATE COLLEGE BOULEVARD,
AS SHOWN ON PARCEL MAP 3 PAGE 12 OE PARCEL MAP, IN THE OFFICE OF
THE COUNTY RECORDER, SAID POINT BEING ON A CURVE CONCAVE WESTERLY,
HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE PASSING THROUGH SAID
POINT BEARS SOUTH 85 DEGREES 24 MINUTES 30 SECONDS EAST; THENCE
SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04 DEGREES
48 MINUTES 16 SECONDS AN ARC DISTANCE OF 100.62 FEET TO A POINT OF
REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 1200.00 FEET, A
RADIAL LINE PASSING TNROUGII SAID POINT BEARS NORTH 80 DEGREES 36
MINUTES 14 SECONDS WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH
A CENTRAL ANGLE OF 09 DEGREES 31 MINUTES 14 SECONDS, AN ARC
DISTANCE OF 199.56 FEET, A RADIAL LINE PASSING THROUGH SAID POINT
BEARS SOUTH 89 DEGREES 52 MINUTES 05 SECONDS EST; THENCE, HAVING
SAID CENTERLINE, SOUTH 89 DEGREES 52 MINUTES 05 SECONDS EAST 53.00
FEET TO A POINT ON THE EXISTING EASTERLY RIGHT O.F~WAY LINE OF SAID
STATE COLLEGE BOULEVARD, SAID POINT BEING THE TRUE POINT OF
BEGINNING, SAID POINT ALSO BEING ON A CURVE CONCAVE EASTERLY HAVING
A RADIUS OF 1147.00 FEET; THENCE NORTNEASTERLY ALONG SAID RIGHT OF
WAY AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 DEGREES 55
MINUTES 30 SECONDS, AN ARC DISTANCE OP 18.52 FEET TO A POINT ON A
RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 89 DEGREES 12
MINUTES 25 SECONDS WEST; THENCE NORTE 89 DEG.REES 59 MINUTES 00
SECONDS EAST 28.44 FEET TO A POINT ON A CURVE CONCAVE EASTERLY
HAVING A RADIUS OF 933.50 FEET, A RADIAL LINE PASSING THROUGH SAID
POINT BEARS NORTHWEST 88 DEGREES 23 MINUTES 42 SECONDS; THENCE
SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01 DEGREES
46 MINUTES 00 SECONDS AN ARC DISTANCE OF 152.12 FEET, A RADIAL LINE
PASSING THROUGH SAID POINT BEARS SOUTHWESTERLY 89 DEGREES 50
MINUTES 18 SECONDS; SAID POINT ALSO BEING ON A REVERSE CURVE
CONCAVE WESTERLY, HAVING A RADIUS OF 979.86 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07
DEGREES 54 MINUTES 51 SECONDS AN ARC DISTANCE OF 135.35 FEET TO A
POINT ON THE SOUTHERLY PROPERTY LINE OF PARCEL 3 AS SHOWN IN BOOK
3, PAGE 12 OF PARCEL MAP IN THE OFFICE IN THE COUNTY RECORDER, OF
SAID COUNTY, A RADIAL LINE PASSING TNROUGH SAID POINT BEARS 82
DEGREES 14 MINUTES 51 SECONDS SOUTHEASTERLY; THENCE SOUTH 89
DEGREES 59 MINUTES 00 SECONDS WEST 17.06 FEET TO A POINT DISTANT
53.00 FEET MORE OR LESS FROM CENTERLINE OF STATE COLLEGE BOULEVARD;
TNENCE ALONG PROPERTY LINE NORTH 00 DEGREES 07 MINUTES 53 SECONDS
WEST 268.52 FEET TO THE TRUE POINT OF BEGINNING.
A PORTION OF SAID LAND SHOWN ON A MAP ATTACHED }}ERETO AS EXHIBIT
NEGOTIATION tIISTORY
FILE NO: 083-271-20
R/W No. 6000-10
PROPERTY OWNER: Chandulal Patel and Geeta Patel
PROPERTY ADDRESS: The East side of State College
Boulevard, South of Orangewood Ave.
Anaheim, Ca.
ACQUISITION CONSULTANT: Cutler & Associates, Inc.
610 Pacific Coast Hy, Suite 100
Seal Beach, Ca. 90740
ACQUISITION AGENT: Rick Laubert
May 8, 1991 Per owners request, the offer letter was
sent certified to owners mailing address.
May 16, 1991 Telephone discussion with Mr. Patel
regarding City's purchase offer. Mr.
Patel stated that the offer of $26.00 per
square foot is too low and that he will
settle for $60.00 per square foot.
June 6, 1991 Discussion with Mr. Patel. He claims he
paid $60.00 per square foot for the
property in 1990 and he does not want to
take a loss. Patel stated that he has
permits for a hotel to be constructed.
June 25, 1991 Patel said he would not settle for
anything less than $60.00 per square
foot. Regarding his permits to build,
Patel would have to dedicate 2,000 square
feet, however, this partial acquisition
would require an additional 5,000 square
feet. Patel said he is concerned that
the additional 5,000 square feet would
have an effect on the number of hotel
units.
July 21, 1991 Called Mr. Patel's office, left message
to call
July 27, 1991 Called Mr. Patel's office, left message
to call.
Page 2
August 21, 1991 Discussion with Mr. Patel regarding
the city's offer ~f $26.60 per
square foot. Mr. Patel feels this
price is very low, I asked if he
could have an appraisal done on the
property. At this time Patel asked
if the city would pay $40.00 per
square foot. I mentioned this to
Mr. Hardcastle at the City of
Anaheim. City's price of $26.60 per
square foot is a fair price for this
particular parcel.
October 22, 1991 Called Mr. Patel's office, left
message to call
October 30, 1992 Called Mr. Patel's office, left
message to call.
November 7, 1991 Discussion with Mr. Patel. I
mentioned to him at this time the
City feels that $26.60 per square
foot is a fair price. Patel said he
will not have an appraisal done on
his property.
February 5, 1992 Called Mr. Patel's office, left
message to call.
March 27, 1992 Discussion with Mr. Patel,
owner stated that the City's
acquisition of 7220 feetS/ill effect
the total number of hotel units that
he will be able to build. I asked
if we could set up a meeting
sometime next week in order to
further discuss this matter. A
meeting is scheduled for April 2,
1992
April 2, 1992 Meeting with Mr. Patel at his office
in Diamond Bar. Mr. Patel stated
that he would settle with the City
provided he received written
reassurance that his existing
building plans would be approved.
Patel said the reason for not
constructing the hotel was a direct
result of the uncertainty of the
County's construction of the relief
sewer lines. (attached letter)
April 16, 1992 Contacted Mr. Patel to let him know
that the sewer system has been
connected for a while. He told me
that he had called the City in
December and at that time the sewer
was not installed.
Page 3
April 28, 1992 Talked to Mr. Patel, he let me know
that he had talked to the property
owner of Taco Bell regarding buying
the property, but because of the 40
year lease with Taco Bell he was not
interested. Mr. Patel wants to
know if he is going to be able to
reinstate his permit.
June 3, 1992 Attempted to return a call from the
owner earlier this morning
June 18, 1992 Left message for owner to let him
know that the city sent him a letter
notifying him of a public hearing.
June 18, 1992 Revised offer of $192,962.00 mailed
to Mr. Patel by city Staff, which
also informed him that if he
rejected the offer we would proceed
with a public hearing to adopt a
resolution of necessity to acquire a
portion of his property required for
road and public utilities by eminent
domain at a hearing to take place on
July 14, 1992.
July 2, 1992 A meeting took place at City Hall
with Mr. Patel, and City Staff. Mr.
Patel rejected the cities offer,
stating it was to low. We informed
him that we would proceed with
eminent domain hearing.
July 9, 1992 Talked to Mr. Patel and told him
that hearing is being rescheduled
and that City Staff would inform him
by mail and telephone of the new
hearing date.
July 17, 1992 Letter sent to Mr. Patel by City
Staff informing him that the hearing
would take place on July 28, 1992,
also informed him by phone.
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EXNIBIT
CITY OF ANAHEIM
PUBLIC WORKS EflJT .II~E OF ST~T~ [OLLE6E &LV~.
ENGINEERING DEPARTMENT
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