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2000-243RESOLUTION NO. 2000R-243 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 101 EAST KATELLA AVENUE FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-40). 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 101 East Katella Avenue for the purposes of making public roadway improvements as part of the Anaheim Resort Area Specific Plan and the Katella Avenue Smart Street Project; 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," and "A-i" 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: Ao 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 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 Anaheim Boulevard 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 Phase III A and III B Katella Avenue Improvement and Beautification Project which includes the widening and improving of Anaheim Boulevard and Katella Avenue, including installation of street landscaping and public utilities (the "Project"). SECTION II. The Property to be acquired is located within the City of Anaheim, County of Orange, State of California, and is located at 101 East Katella Avenue, (Assessor Parcel No.082- 230-56 & 57). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: Fee simple title to approximately 1944.40 square feet of Property including rights to vehicular access in and to Anaheim Boulevard from the remainder property, as more specifically described in Exhibit "A" and KAl" attached hereto. A temporary construction easement over approximately 461.80 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 easement 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 the 2 "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 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 3 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 Anaheim Resort Area Specific Plan calls for the improvement of Anaheim Boulevard and 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. 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 March 28, 2000. 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 4 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 City Attorney is 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. MAYO/R~OF~OF ANAHEIM ATTEST: CItY CLERK~OF THE CITY OF ANAHEIM 27883.43WISLAUGHTxNovember 8, 2000 5 APg 082-230-56 EXHIBIT A Grant to the City of Anaheim a portion of the Southeast quarter of the Southwest quarter of Section 23, Township 4 South, Range 10 West, in the S.B.M., as per map recorded in Book 51, page 7 of Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the centerline intersection of Katella Avenue and Haster Street as shown on Survey Control Map ORA 005-H2-B as filed by CALTRANS; thence along the centerline of Katella Avenue S89°07'35"E, 104.86 feet (31.96m.); thence N00°52'25~E, 70.25 feet (21.41 m) to a point on the existing northern 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 N89°07'35"W, 28.34 feet (8.64m.); thence N44°33'24"W, 31.47 feet (9.59m.) to a point on a non-tangent curve concave Southeasterly with a radius of 1435.00 feet (437.39m.), fi.om said point a radial line bears S89°52'12'E; thence along said curve Northerly through a central angle of 08°31'20" an arc distance of 213.44 feet (65.06m.) to a point on a non-tangent line, from said point a radial line hears S81°20'52"E; thence N08°23'32"E, 99.56 feet (30.35m.); thence N09°06'45"E, 78.32 feet (23.87m.); thence S08°23'3 I"W, 56.53 feet (17.23m.) to a point on a tangem curve concave Easterly having a radius of 40.00 feet (12.19m.); thence Southerly along said curve through a central angle of 11°17'00~ an are distance of 7.88 feet (2.40m.) to a point on a tangent line; thence S02°53'29"E, 41.23 feet (12.57m.) to a point on a tangent curve concave Westerly having a radius of 60.00 feet (18.29m.); thence Southerly along said curve through a central angle of 11°17'00" an arc distance of 11.82 feet (3.60m.) to a point on a tangem line; thence S08°23'31 "W, 67.87 feet (20.69m.) to a point on a tangent curve concave easterly having a radius of 1424.00 feet (434.04m); thence Southerly along said curve through a central angle of 00°29'05' an arc distance of 12.05 feet (3.67m) to a point of reverse curve concave Northwesterly having a radius of 60.00 feet (18.29m.), fi.om said point a radial line hears N82°05'34"W; thence Southwesterly along said curve through a cemral angle of 10°03'17" an arc distance of 10.53 feet (3.21 m_) to a point on a tangent line; thence S17°57'42'W, 41.49 feet (12.65m.) to a point on a tangem curve concave Southeasterly having a radius of 40.00 feet ( 12.19m.); thence Southwesterly along said curve through a central angle of 12027'07" an arc distance of 8.69 feet (2.65m.) to a point of compound curve concave Southeasterly having a radius of 1434.00 feet (437.08nt), fi.om said point a radial line bears S84°29'26"E; thence Southwesterly along said curve through a central angle of 05°21 '47~ an arc distance of 134.23 feet (40.91m.) to a point on a non-tangent line, fi'om said point a radial line hears S89 51'13'E; thence S44°33'24"E, 26.37 feet (8.04m.); thence sg9°07'35"E, 43.97 feet (13.40m.) to a point on a non-tangent curve concave Northwesterly having a radius of 395.00 feet (120.40m.), from said point a radial line bears N 17°13'11 nW; thence Southwesterly along said curve through a central angle of 01 °58'21" an arc distance of 13.60 feet (4.15m.) to the True Point of Beginning, fi.om said point a radial line bears N 15° 14'50"W. CONTAINING 1944 SQUARE FEET (181 m2) MORE OR LESS. .APg 082-230-56 EXHIBIT ACCESS RIGHTS Relinquish to the City of Anaheim access rights in and to Anaheim Boulevard across a portion of the Southeast quarter of the Sou~west quarter of Section 23, Township 4 South, Range 10 West, in the S.B.M., as per map recorded in Book 51, page 7 of Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the centerline intersection of Katella Avenue and Anaheim Boulevard as shown on Survey Control Map ORA 005-H2-B as filed by CALTRANS; thence along the existing centerline of Anaheim Boulevard N0°41' 02"E, 230.19 feet (70.16m) to a point on a tangent curve concave Southeasterly with a radius of 2,000 feet (609.60m); thence along said curve Northerly through a central angle of 1~38'04TM an arc distance of 57.05 feet to a point on a radial line; thence S87°40'54"E, 75.86 feet (23.12m) to a point on a non-tangent curve concave Southeasterly with a radius of 1424.00 feet (434.04m), from said point a radial line bears S82°05'34"E, this point is the true point of beginning; thence Northerly along said curve through a central angle of 00°29'05'' an arc distance of 12.05 feet (3.67m) to apoint on a tangent line; thence 808°23'3 I"W, 67.87 feet (20.69m.). EXHIBIT B AP. 082-230-56 LEGEND= PROPOSED R/W LINE EXISTING R/W LINE CALTRANS EX. R/W LINE TOTAL R/W TAKE ACCESS RIGHTS TO BE DEDICATED T.C.E. BASIS OF BEARINGSm THE CENTERLINE BEARING OF KATELLA AVENUE BEING N89*OT'3S'W PER DATUM N.A.O.27C. G. AS RECORDED ON S.C,M, ORA OOS-HZ~B AS FILED BY CALTRANS. AREA SUk~IARYm SMART STREET R/W TAKE - SUPPLEMENTAL R/W TAKE - TOTAL R/W TA~E = T.C.E." 1031.2 S·F. 913.2 S.F. 1944.4 S.F 461.8 ~ RICk r~REUZER KFM ENGINEER lNG, I NC. 18 TECHNOLOGY, SUITE 165 IRVINE~ CA. 92618 NOT TO SCALE (95.8 m' ) (84.8m~) (lBO, 6 m') (42.9 m~) --*1' (0.31m)T. C, E. ~ 56.53'117.23m) ~-~-R-40. OO'(12.19m)  ~ ~'11' 17'00' / P L-7.88'(2.4~) N44'33'24'W- · 47' (9. N69' 07' 35'W 28.34' (B. 64m) ~? / x, k,__._ ELECT· ' ~--~S, 7' 57' 42' W ~:~' 41.49' (, 2.65.m) EASE. /X= 12' 27'07' L'.8.69' (2.65m) ~3'E / mAD) . - .... . 8A~.~.L~_~_E ' (RAD) Ape 082-230-56 OWNER, CHARLES MCNEES 544'33'24'E /' 26.37'(8.04m~ ~ ~589'07'35'E 43.97'(13.40m) 4'50'W NI7' 13'II'W R-395.00' (120.4Om) ~-0~'58'21' T. P.O.B. KATELL -~ ..... ~ ~~ 104.86' (3l. 96m) KATELLA AVENUE SMART STREET AVENUE NORTHEAST CORNER OF ANAHEIM BLVD./KATELLA INTERSECTION APN 082-230-61 & 64 R/W # 5180-40 Project: Katella II EXHIBIT "C~ TEMPORARY CONSTRUCTION EASEMENT The easement area is located parallel to and abutting the easterly area of the permanent taking along Anaheim Boulevard and the Northerly area along Katella Avenue. A strip of Land, uniform in width, one foot by 391.46 lineal feet (1' x 391.46') of frontage along Anaheim Boulevard and one foot by 70.34 lineal feet (1' x 70.34') of frontage along Katella Boulevard. The total area is 461.8 + square feet. 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 3, 2000 Charles R. McNees and Beverly Gibson 3648 East New Gate Way Orange, California 92867 APN 082-230-56 & 082-230-57 RW 5180-40 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 101 EAST KATELLA AVENUE Dear Property Owner: This is to advise you that the time has changed from 6:00 p.m. to 5:00 p.m. on November 14, 2000, for City Council to consider adoption of a resolution of Necessity for Acquisition of Certain Real Property. This notice is sent to you under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns the property located at 101 East Katella Avenue in the City of Anaheim, and bearing the Orange County Assessor Parcel No. 082-230-56 & 082-230-57. The City of Anaheim has been investigating the acquisition of certain property for accommodation of the Katella Avenue Smart Street Improvement 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 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 our about 5:00 p.m. on November 14, 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 pre-requisite for the City's initiation of eminent domain proceedings to acquire property. For your information and convenience, a legal description of the property is attached to this notice. Page 2 REz APN 082-230-56 & 082-230-57 RW 5180-40 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 101 EAST KATELLA AVENUE 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, Development Services Manager RMG:cl cc: Gary E. Johnson Cindy Daniel-Garcia 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 September 28, 2000 Charles R McNees and Beverly Gibson 3648 East New Gate Way Orange, California 92867 APN 082-230-56 & 082-230-57 RW 5180-40 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 101 EAST 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 101 East Katella Avenue in the City of Anaheim, and bearing the Orange County Assessor Parcel No. 082-230-56 & 082-230-57. The City of Anaheim has been investigating the acquisition of certain property for accommodation of the Katella Avenue Smart Street Improvement 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 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 requiremems for utilizing the power of eminent domain to acquire the property. This meeting will be held at our about 6:00 p.m. on November 14, 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 pre-requisite for the City's initiation of eminent domain proceedings to acquire property. For your information and convenience, a legal description of the property is attached to this notice. Page 2 REz APN 082-230-56 & 082-230-57 RW 5180-40 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 101 EAST KATELLA AVENUE 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. Development Services Manager RMG:cl cc: Gary E. Johnson Cindy Daniel-Garcia 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 March 28, 2000 Charles R. McNees and Beverly Gibson 3648 E. New Gate Way Orange, CA 92867 APN 082-230-056 and 57 also known as APN 082-230-61 and 64 - R/W 5180-40 Offer for Acquisition by The City of Anaheim of Portions of Property Located at 101 East Katella Avenue, Anaheim. California Dear Property Owner: This letter is being forwarded to you as the owner of record of property located at 101 East 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 ("Project"), and consists of acquiring a fee interest in the property, a Temporary Construction Easement and access right along Anaheim Boulevard. 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 updated appraisal fixing the amount established by the City as just compensation for the Property. The City is offering $85,826.00 for all interests it seeks to acquire in the Property, segregated as follows: $77,776.00 5,833.00 2,217.00 $85,826.00 Land Improvements Severance Access Rights Temporary Construction Easement (Exhibit "C') Total Just Compensation This amount is for all interests, division of the amount among other parties having an interest in the Property will be your responsibility. This offer is for title to the fee simple interest in the Property. Payment will be made when the title to the Property vests in the City free and clear of all recorded or unrecorded liens, encumbrances, assessments, leases and taxes, except: Taxes for the year in which the Property is purchased, which shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the time escrow for the purchase closes; Covenants, conditions, restrictions and reservations of record, that do not interfere with the City's proposed use of the Property; Easements or rights-of-way over the land for public or quasi-public utility or public street purposes, if any; and Any other interests in the Property or exceptions to title appearing on a preliminary title report or litigation guarantee, which are accepted by the City in writing through escrow. The City will pay all usual fees, charges, and costs which arise out of this escrow. This offer is subject to, and contingent upon, acceptable soil conditions of the property, and the absence from the property of toxic or hazardous substances and any other kind of soil or water contamination, delivery of a disclosure statement regarding such conditions, grant of a right of entry to the City of Anaheim for the purpose of conducting a soils, toxic and hazardous substances investigation of the subject property and to City Council approval. This offer is subject to modification depending on the results of such an investigation. In addition to the compensation for the fair market value of the Property, you may also be entitled to relocation assistance pursuant to State Relocation Assistance Law (California Government Code Sections 7260 et sen.: Relocation Assistance and Real Property Acquisition Guidelines, California Administrative Code Title 25), or local relocation guidelines. Relocation assistance is not a part of this offer. If you would like to inquire further regarding your eligibility for relocation assistance on this matter please contact our consultant, Security Land & Right of Way Services, Inc. at (562) 988-9285. Please be advised that California Code of Civil Procedure Section 1263.510 allows a party whose property is subject to public acquisition to claim compensation for loss of business goodwill. A copy of that section is attached. This offer does not reflect any amount of compensation attributable to any loss of business goodwill. If you would like the City to consider whether goodwill should be evaluated as a part of this offer, it will do so. Such an evaluation will require you to provide certain information to the City, including tax returns. If you wish to explore a goodwill claim further at this time, please contact Security Land at the number given above. If this offer is acceptable to you, please so indicate to the undersigned, in writing. Upon your acceptance, the City will prepare and forward to you an agreement. Upon receipt of a signed agreement, the matter will be reviewed by the City Council, which has final ratification authority. If for any reason you are not satisfied with this offer of just compensation, and have relevant information regarding the value of the Properly that you would like the City to consider, it will be happy to do so. If you have such information, please contact Security Land at the number given above. In addition, you should be aware that in the event negotiations fail to result in agreement, and the City decides to proceed with acquisition of the Property through eminent domain, you will have the right to have the amount of just compensation to be paid by the City for the Property fixed by a court of law. If you have any questions regarding this offer, or wish to request any additional information, you may contact Security Land. Very truly yours, Development Services Manager NM:DBC:RLC:ic CC. John Murphy, Esq. Nossaman, Guthner, Knox & Elliot, LLP P.O. Box 19772 Irvine, CA 92623 EXHIBIT "B" APPRAISAL SUMMARY Project: KATELLA II WIDENING Location: The subject site is located on the northeast corner of Katella Avenue and Anaheim Boulevard Assessor Parcel Number: 082-230-056 and 57 R/W No. 5180-40 Also known as APN 082-230-61 and 64 Date of Valuation: March 10, 2000 Owner: Charles R. McNees and Beverly Gibson Property Address: 101 East Katella Avenue, Anaheim Zone: Commercial Recreation\SP 92-2, Anaheim Resort Specific Plan Present Use: Restaurant and nightclub Highest & Best Use: current use has an interim value; hold for future hotel/restaurant development Total Property Area: 177,598 S.F.; 4.0771 acres net Part Take, Area to be Acquired: 1,944.4 S.F. in fee simple interest 80 linear feet of Access Rights (Exhibit "A') Temporary Construction Easement: 461.8 S.F. (12-month period) Improvements to be Acquired: Asphaltic concrete paving, landscaping area, trees, lawn, shrubbery and sprinklers Summary of Just Compensation: Land $77,776.00 Improvements 5,833.00 Value of Part Taken Severance Damage $ -O- Special Benefit -O- Net Damages Access Rights Temporary Construction Easement (Exhibit "C') Total Just Compensation $83,609.00 $ -0- $ -0- $ 2,217.00 $85,826.00 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-243 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 C~TY CLL~K OF~HE City OF ANAHEIM (SEAL)