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2000-244RESOLUTION NO. 2000R- 244 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 2019 SOUTH NINTH STREET FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5412). 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 2019 South Ninth Street, for the purposes of making public roadway improvements on the circulation element of the General Plan of the City of Anaheim and; WHEREAS, on November 14, 2000, 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: Whether the public interest and necessity required the Project; Bo Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; Co 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 responsibilities and duties antecedent to the exercise domain against the Property; and statutory of eminent 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 Ninth Street; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including The initial study Negative Declaration; 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 Ninth Street, 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 2019 South Ninth Street, (Assessor Parcel No. 090- 586-09}. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: Fee simple title to approximately 5,268.75 square feet of Property, as more specifically described in Exhibit "A" hereto. 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 Ninth Street 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 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 2 being taken from individual property owners. The project is designed in a manner compatible with the greatest public good, 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 and improve traffic circulation. in 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 25, 2000. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved suocessful 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 initial study of Environmental Impact, Negative Declaration, and the City Council finds and determines that since that time 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, special counsel for the City of Anaheim, and the City Attorney are hereby authorized to prepare and prosecute in the name of the City, such special proceedings in the proper court having jurisdiction thereof, as are necessary for acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. The City Attorney is authorized to assign any work in such action to other attorneys as the City Attorney may deem appropriate. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of November, 2000. M ANAHEIM ATTEST: C~TY CLE~ OF ~HE CITY OF ANAHEIM 27883.45LMSLAUGHTxNovember 1, 2000 4 APN 090-586-09 EXHIBIT "A" R/W 5412 A STRIP OF LAND TWE/qTY FIV~ (25.00) FEET IN WIDTH ALONG TI~E EAST SIDE OF THE BELOW DESCRIBED PARCEL EEING ADJACENT AND PARALLEL TO 'r~u~ WESTERLY RIGHT-OF-WAY LINE OF NINTH STREET, OF THE FOLLOWINO DBSCRIBED PROPERTY: LOT 8 OF TOWNSEND'S SUBDIVISION AS PER MAP RECOP. DED IN BOOK 5, PAGE 40 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER. EXCEPTING THEREFROM THE NORTH 440.00 FEET. ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND LYING WESTERLY OF THE EAST LINE OF THE NEST 1.999 ACRES OF SAID LOT 8; SAID WEST 1.999 ACRES BEING COMPUTED TO THE CENTERLINE OF THE ROAD AS SHOWN ON SAID MAP ALONG THE SOUTH LINE OF SAID LOT 8; SAID LAND IS A PORTION OF THE LAND SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 41 OF RECORD OF SIIR%q~YS. ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID LOT 8 LYING SOUTHERLY OF TRACT NO. 6792 AS RECORDED IN BOOK 277, PAGES 19 AND 20 OF SAID MISCELLANEOUS ~APS AND LYING NORTnaLRLY OF TRACT NO. 4731 AS RECORDED IN BOOK 178, PAGES 5 AND 6 OF SAID MISCELLANEOUS MAPS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST COP. N-ER OF SAID TRACT NO. 6792; THI~NCE ALONG THE SOUTHERLY LINE OF SAID TRACT, NORTH 89° 12' 43" EAST, 268.38 FEET TO A POINT NORTH 89°'12' 43" EAST 1.00 FEET FROM THE SOUTHEAST CORNER OF LOT 15 IN SAID TRACT NO. 6792; THENCE SOUTH 00a 55' 10" F~a. ST, 210.78 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PREVIOUSLY MENTIONED TRACT NO. 4731; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89° 12' 20" WEST, 268.34 FEET TO THE NORTHWEST CORNER OF SAID TI~ACT NO. 4731; THENCE NORTH 00~ 55' 48" WEST, 210.81 FEET TO ~ POINT OF BEGINNING. Described as follows: A strip of land twenty five (25.00) feet in width along the east side of the above described parcel being adjacent and parallel to the westerly right-of-way line of Ninth Street. September 15, 2000 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 Cruz Vargas and Madeline Vargas, Trustees 2019 South Ninth Street Anaheim, California 92802 RE: APN 090-586-09 RW 5412 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 2019 SOUTH NINTH STREET 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 2019 South Ninth Street in the City of Anaheim, and bearing the Orange County Assessor Parcel No. 090-586-09. The City of Anaheim has been investigating the acquisition of certain property for accommodation of the Ninth Street Stoddard Park to Tonia Court 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 this 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. 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 5:00 p.m. on November 7, 2000, 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 proceeding to acquire property. Page 2 RE: APN 090-586-09 RW 5412 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 2019 SOUTH NINTH 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 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 the 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, RMG:sm Attachment cc: Gary E. Johnson Cindy Garcia, City Clerk File 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 April 25, 2000 Cruz Vargas and Madeline Vargas, Trustees 2019 S. Ninth Street Anaheim, CA 92802 Re: APN 090-586-09 Offer for Acquisition by The City of Anaheim of Portions of Property Located at 2019 S. Ninth Street, Anaheim, California Dear Mr. and Mrs. Cruz: This letter is being forwarded to you as the owner of record of property located at 2019 S. Ninth Street, 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 improvement of Ninth 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 $85,210.00 for all interests it seeks to acquire in the Property, segregated as follows: $ 57,219.00 Land 27,991.00 Improvements -0-. Severance $ 85,210.00 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; 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 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. You should also be advised that Section 2(d) of Article XIII A of the California Constitution and Section 68, Revenue and Taxation Code generally provides that tax relief shall be granted to any real property owner who acquires comparable replacement property after having been displaced by governmental Acquisition or eminent domain proceeding. Attached is an information sheet for your reference. 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, lease 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, NM:RLC:mr Anaheim\9a StVargas.ol EXHIBIT "B" APPRAISAL SUMMARY Project: NINTH STREET WIDENING AND IMPROVEMENT Location: 2019 Ninth Street, Anaheim, CA Assessor Parcel Number: 090-586-09 Date of Valuation: February 25, 2000 Owner: CRUZ VARGAS AND MADELINE VARGAS AND THEIR SUCCESSORS AS TRUSTEES OF THE CRUZ AND MADELINE VARGAS IRREVOCABLE GIF-'F TRUST FOR THE BENEFIT OF THE CHILDREN UNDER AGREEMENT DATED OCTOBER 25, 1982 Property Address: 2019 Ninth Street, Anaheim, CA Zone: RSA-43,000 with corresponding zoning of RS-7,200 Present Use: 2-story single family residence with detached 2-car garage Highest & Best Use: single family residential use Total Property Area: 50,965.20 +/- S.F. Part Take, Area to be Acquired: 5,268.75 S.F. Interest to be Acquired: Fee simple interest Improvements to be Acquired: landscape and hardscape (see attached list) Summary of Just Compensation: Land $57,219.00 Improvements 27,991.00 Value of Part Taken Severance Damage $ -0- Special Benefit 50,000.00 Net Damages $85,210.00 Total Just Compensation $ 85,210.00 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 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 REVISED October 25, 2000 Cruz Vargas and Madeline Vargas, 2019 South Ninth Street Anaheim, California 92802 Trustees RE: APN 090-586-09 RW 5412 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 2019 SOUTH NINTH S'TREET Dear Property Owner: This is to advise you that City Council meeting on Nover~er 7, 2000 has been cancelled. The City Council meeting will be on Novenfoer 14, 2000 to consider adoption of a Resolution of Necessity for Acquisition of Certain Real Property. In addition the time has changed from 5:00 p.m. to 6:00 p.m. This notice is sent to you under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns the property located at 2019 South Ninth Street in the City of Anaheim, and bearing the Orange County Assessor Parcel No. 090-586-09. The City of Anaheim has been investigating the acquisition of certain property for accon~nodation of the Ninth Street Stoddard Park to Tonia Court 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 following conditions are established: project if the A. The public interest and necessity require this 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. 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. Page 2 RE: APN 090-586-09 RW 5412 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 2019 SOUTH NINTH STREET This notice is sent to inform you that the City Council of the City of Anaheim will be asked to decide if t~e 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 November 14, 2000, in the City Council Chambers located at 200 South Anaheim ~oulevard, 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 proceeding to acquire property. 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 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 the 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, RMG: sm Attachment cc: Gary E. Johnson Cindy Garcia, City Clerk File 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. 2000R-244 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 14th day of November, 2000, 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 ~TY CLER~ OF 'i'HE CITY OF ANAHEIM (SEAL)