2003-219RESOLUTION NO. 2003R- 219
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECES S ITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 2111 EAST LINCOLN AVENUE FOR THE
PURPOSES OF THE LINCOLN AVENUE AND STATE
COLLEGE BOULEVARD INTERSECTION WIDENING
PROJECT (R/W ACQ 2002-00110).
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
at 2111 East Lincoln 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 November 18, 2003, 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 regarding the City's identification
of the "Project", and on the following matters:
A. Whether the public interest and necessity require 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;
C. 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 including review under CEQA; and
WHEREAS, the City Council, as a result of such hearing, has determined that the public
health, safety and welfare require that the City acquire the Property more particularly described
herein ("Property"), for the purposes of widening and improving The Lincoln Avenue and State
College Boulevard Intersection Widening Project; and
WHEREAS, the Project for which the Property to be acquired is sought has previously been
reviewed under applicable environmental review procedures, including Negative Declaration for the
Lincoln Avenue and State College Boulevard Intersection Widening Project; and
WHEREAS, the City of Anaheim is authorized to acquire the Property under authority of its
own charter, and Government Code §§ 37350.5 and 40404;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim,
California, that the City Council does hereby find, determine and declare upon evidence presented
to the City Council as follows:
SECTION I. The Project for which the property is being acquired is the Lincoln Avenue
and State College Boulevard Intersection Widening Project which consists of the widening and
improving of Lincoln Avenue and State College Boulevard, including installation of street
landscaping and public utilities. The Location of the Project is depicted generally in the project
precise alignment dated March 25, 2003 and presented to the City Council as part of the record of
hearing in this matter.
SECTION 1I. The Property to be acquired is located within the City at 2111 East Lincoln
Avenue, (Assessor Parcel No. 083-343-09). The portions of Property the City seeks to acquire, and
the Property interests sought, consist of the following:
Fee simple title to approximately 292 square feet of the Property, as more
specifically described in Exhibit "A" hereto.
A temporary construction easement over approximately 63.89 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 Lincoln Avenue and State College Boulevard in accordance with
the approved street construction (the "Project"). The temporary construction
easement shall include the right to perform within the temporary construction
easement area, any necessary excavation; grading; earth fill; compaction;
installation of concrete forms; landscaping; irrigation; utility; and sign
relocation; accommodation of private drainage facilities; and deposit of tools,
equipment, and material for all such necessary activities which are reasonably
incidental to the work being performed on said property in connection with
the Project.
Such incidental activities shall include, but not be limited to, utilizing the
temporary construction easement area for adjusting grade differentials
between the planned street and the adjoining real property and/or matching
existing concrete and/or asphalt paved areas, and/or natural grade areas, or
such work as may pertain to on-site improvements by Public Works to render
the temporary construction easement area or the larger parcel to which it
pertains in the same functional condition as reasonably practicable to the
condition before the Project in terms of access, irrigation, and relation of
public right of way improvements to the larger parcel.
The temporary construction easement shall not include the right to store any
materials or park any vehicles which are not incidental to the work to be
performed on site in connection with the Project, nor to block all vehicular
access to the larger parcel of property of which the temporary construction
easement area is a part, nor exercise the uses of the easement outside of the
temporary construction easement area. In connection with the exercise of the
temporary construction easement rights hereunder, City shall protect all
structures on the temporary construction easement area in place, and shall
protect or restore all improvements thereon.
The rights granted hereunder shall commence fourteen (14) days after written
notification to the property owner of the commencement of construction of
the project and shall continue in full force and effect until written notice to
the owner of record that the temporary construction easement is no longer
needed by the City, or twelve (12) months after notice of the initiation of the
temporary construction easement, whichever is earlier. Upon termination of
the temporary construction easement, the temporary construction easement
area shall be restored to a condition that is as functionally equivalent as is
practicable to its condition prior to the commencement of the work,
consistent with the project as designed and as to be constructed.
SECTION 1II. 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 Lincoln Avenue and
State College Boulevard in the manner contemplated by the Project. The Project is designed to
relieve regional traffic congestion and improve the capacity of the street, which will require
continuity in the roadway alignment and traffic handling capacity of the streets.
SECTION IV. The Project is located in a manner most compatible with the greatest public
good and least private injury, in that the design of the roadway widening must of necessity occupy
land which is immediately adjacent to the existing roadway, in order to maintain the continuity of
the alignment of the road for all users. The property to be taken for the project is necessitated and
established by the street alignment in an effort to minimize any disproportionate burden or impact
of the required property being taken from individual property owners. The project is designed in a
manner compatible with the greatest public good, in that the Project will involve road widening,
undergrounding of utilities, and upgrading parkway landscaping, along with drainage improvements.
This will enhance the utility of the area and help improve traffic circulation.
SECTION V. The Property is necessary for the proposed Project, in that the roadway
widening must occur on property immediately adjacent to the existing roadway.
SECTION VI. The offer required by Government Code § 7267.2 has been made to the record
owners, by way of letter dated April 3, 2003. 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 Negative Declaration, referenced in the Notice
of Hearing which was sent in connection with this Resolution. The City Council finds and
determines that since the time of that certification there have been no subsequent changes with
respect to the circumstances under which the Project is to be undertaken, no new information of
substantial importance regarding significant effects or mitigation measures or alternative which has
become available, and no subsequent changes have been proposed in the Project which would
require important revisions to the Negative Declaration such that no further environmental review
attending this proposed acquisition is necessary.
SECTION IX. The law firm of Rutan & Tucker, LLP, special counsel for the City of
Anaheim, and the City Attorney are hereby authorized to prepare and prosecute in the name of the
City, such special proceedings in the proper court having jurisdiction thereof, as are necessary for
acquisition of the Property described herein, and to prepare and file such pleadings, documents, and
otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for
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 18th day of November, 2003.
ATTEST:
!
c/rrY CLEffK O[ 'THE CITY OF ANAHEIM
MAYOR OF THE OF ANAHEIM
51891.1 l\cflynn\November 6. 2003 4
HUITF-ZOL
HUITT-ZOLLARS, INC. i 430 Exchange . Suite 200 I Irvine, CA 92602-1309 ~ 714.734.5100 phone ~ 714.734.5155 fax ~ huifl-zollars.com
LEGAL DESCRIPTION
RIGHT OF WAY ACQUISITION
LINCOLN AVENUE
A.P. NO. 083-343-09
ACQ. NO. 2002-00110
10-0998-01 (A)
11-01-02
That portion of Lot 7 of Tract No. 1843, in the City of Anaheim, County of Orange, State
of California, as shown on the map filed in Book 53, Pages 45 and 46 of Miscellaneous
Maps, in the office of the County Recorder of said County, described as follows:
Beginning at the Southeast comer of said Lot 7; thence along the Southerly line of said
Lot 7 North 78o52'26'' West 63.61 feet to the Southwest comer of said Lot 7; thence
along the West line of said Lot 7 North 00o25'20" East 5.38 feet; thence leaving said
West line South 77°37'48'' East 63.89 feet to the East line of said Lot 7; thence along said
East line South 00025'20'' West 3.96 feet to the point ofbe~nning.
Subject to covenants, conditions, reservations, restrictions, fights of way and easements,
if any, of record.
Containing an area of 292 square feet, more or less.
//JAMES L. GARVIN, PLS 6343
q/l 0-0998-01/a11/2002-001 I0/11-1-02/jrk/zk
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REUSED: 11/20/2002
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HUITVZOLL L
HUITT-ZOLLARS, INC. ~ 430 Exchange ~ Suite 200 ~ Irvine, CA 92602-1309 ~ 714.734.5100phone ~ 714.734.5155fax ~ huitt-zollars.com
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 083-343-09
ACQ. NO. 2002-00110
10-0998-01 (A)
11-21-02
Revised
02-07-03
That portion of Lot 7 of Tract No. 1843, in the City of Anaheim, County of Orange, State
of California, as shown on the map filed in Book 53, Pages 45 and 46 of Miscellaneous
Maps, in the office of the County Recorder of said County, being a 1-foot strip of land,
the Southerly line of which being described as follows:
Commencing at the Southeast comer of said Lot 7; thence along the Southerly line of
said Lot 7 North 78o52'26'' West 63.61 feet to the Southwest comer of said Lot 7; thence
along the West line of said Lot 7 North 00o25'20'' East 5.38 feet to the TRUE POINT OF
BEGINNING; thence leaving said West line South 77o37'48'' East 63.89 feet to the East
line of said Lot 7.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
The Northerly line of said strip of land to be lengthened or shortened so as to originate in
said West line and to terminate in said East line of said Lot 7.
Containing an area of 63.89 square feet, more or less.
L. GARVIN, PLS 6343
q/! 0-0998-01/a/1/2002-00110TCE/1 I-21-02/mpddzk
REWSEO: 2/7/200J
HUI'IT-ZOLIARS
Huitt-Zollar8, Inc. Irvtne
4,30 Exchange, Suite 200, Irvine, CA 92602-%309
EASEMENT AREA = 6,3.89 SO. FT.
SKETCH TO ACCOMPANY ~ l~JO'
A LEGAL DESCRIPTION oe.~,w eY
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(714) 734 5100 Fax (714) 734 5155 o,~
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www.anaheim.net
City of Ari' heim
DEPARTMENT OF PUBLIC WORKS
October 1, 2003
Chouinard Family Trust
Roland Jean Chouinard and America Favela Chouinard
2111 East Lincoln Avenue
Anaheim, CA 92805
APN 083-343-09 - R/W ACQ2002-00110
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 2111 EAST
LINCOLN AVENUE
Dear Property Owner:
This notice is sent to you under requirements of Califomia Code of Civil Procedure Section
1245.235. This notice concems the property located at 2111 East Lincoln Avenue in the
City of Anaheim, and bearing the Orange County Assessor Parcel No. 083-343-09. The
City of Anaheim has been investigating the acquisition of certain property for
accommodation of the Lincoln Avenue and State College Boulevard Intersection Widening
Project.
California Code of Civil Procedure Section 1240.030 provides that the power of eminent
domain may be exercised to acquire property for a proposed public project if the following
conditions are established:
A. The public interest and necessity require the project.
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.
Do
The offer required by Section 7267.2 of the Government Code has been made to the
owner of record.
P.O. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
FAX (714) 765-5225
Page 2
October 1, 2003
Subject: Notice of Intent to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located at 2111 E. Lincoln
Avenue
This notice is sent to inform you that the City Council of the City of Anaheim will be asked
to decide if the above conditions are met concerning the City's acquisition of the
above-referenced property, and whether the City has complied with all other procedural
requirements for utilizing the power of eminent domain to acquire the property. City
Council will also be asked to make a finding that the enviromnental impacts associated with
the proposed acquisition and the project for which the property is proposed to be acquired,
the Lincoln Avenue and State College Boulevard Intersection Widening Project, have been
adequately reviewed under Negative Declaration, adopted by City Council on
March25,2003, a copy of which can be reviewed at the City Clerk's office, at
200 South Anaheim Boulevard, Anaheim CA, during normal business hours. This meeting
will be held at or about 5:30 p.m. on November 18, 2003, 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.
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 heating, or in written
correspondence delivered to the City at, or prior to, the heating on the matter.
The City Council must adopt a resolution of necessity before an eminent domain proceeding
can commence. Within six months after the adoption of a resolution of necessity, the City
may commence eminent domain proceedings in the Orange County Superior Court. In any
such proceeding, the court will be asked to determine the amount of just compensation to
which you may be entitled in the event the property is taken in eminent domain.
Neither the pendency of the City Council's consideration of the resolution of necessity, nor
the initiation of formal eminent domain proceedings, in any way prevents further
negotiations from occurring for the acquisition of your property, and the City will be most
willing to continue such negotiations.
If you have any questions, please do not hesitate to contact me at (714) 765-5148. Thank
you for your consideration in this matter.
Very truly yours,
Development Services Manager
RMG:ln
Attachment
iN: H:\ADMIN\LETTERS\RMG-Reso of Necessity-2111 E Lincoln.doc
c Gary E. Johnson File
City of elm
DEPARTMENT OF PUBLIC WORKS
www.anaheim.net
April 3, 2003
Chouinard Family Trust
Jean Chouinard and America Favela Chouinard
2111 E. Lincoln Avenue
Anaheim, CA 92805
Re:
APN 083-343-09 R/W: ACQ2002-00110
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 2111 E. Lincoln Avenue, Anaheim, California
Dear Property Owner:
This letter is being forwarded to you as the owner of record of property located at 2111 E. Lincoln
Avenue, Anaheim, California.
The .City he. reby offers to acquire your property, and more particularly described in Exhibit "A"
attached hereto. This Property is sought by the City for purposes of widening Lincoln Avenue at or
near State College Boulevard ("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 $9,406.00 for
all interests it seeks to acquire in the Property, segregated as follows:
$ 8,176.00
1,082.00
148.00
Land
Improvements
Temporary Construction Easement (T.C.E.)
$ 9,406.00 Total Just Compensation
An appraisal of any items of Improvements Pertaining to the Realty located on the property is being
obtained. When that appraisal is completed, a revised offer will be presented to you, which will
include the value of any such items of Improvements Pertaining to the Realty.
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;
P.O. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
FAX (714) 765-5225
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 ali usual fees, charges, and costs, which arise out of this escrow.
This offer is subject to, and contingent upon, acceptable soil conditions of the property, and the absence 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.
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,
Development Services Manager
NM:DBC:RLC:hh
A naheim\Lincohi-Sl. College\083 - 343 -09\ol
EXHIBIT "B"
APPRAISAL SUMMARY
Project: Lincoln Avenue/State College Street Widening
Location: North side of Lincoln Avenue, between State College Boulevard and Olana Way
Assessor Parcel Number: 083-343-09 R/W No. ACQ2002-00110
Date of Valuation: March 12, 2003
Owner: The Chouinard Family Trust, Dated June 1, 2002, Roland Jean Chouinard and
America Favela Chouinard, Trustees
Property Address: 2111 E. Lincoln Avenue, Anaheim, CA
Zone: CO, Commercial Office and Professional
Present Use: 1,5,14-SF s. ingle-family office conversion constructed in 1954
Highest & Best Use: Commercial
Total Property Area: 4-6,450 S.F.
Part Take, Area to be Acquired: +292 S.F.
Interest to be Acquired: Fee simple interest
Temporary Construction Area (Exhibit "C"): ±63.89 (12 month period)
Improvements to be Acquired:
Summary of Just Compensation:
Land
Improvements
Value of Part Taken
4-5.83 S.F. PCC Curb; ±21.75 S.F. Concrete Walkway; 3 Small
Shrubs, 6 Medium Shrubs, 248.25 S.F Irrigated Lawn
$8,176.00
1,082.00
Severance Damage $ -0-
Special Benefit -0-
Net Damages
Temporary Construction Easement
$9,258.00
$ 148.00
Total Just Compensation $9,406.00
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. 2003R-219 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 18th day of November 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Pringle, Tait, Chavez, Hernandez, McCracken
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS:
None
ABSENT: MAYOR/COUNCIL MEMBERS: None
,61'TY CLERt~' OF TILIE CITY OF ANAHEIM
(SEAL)