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2003-212RESOLUTION NO. 2003R- 212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 221-225 SOUTH STATE COl J.EGE BOULEVARD FOR THE PURPOSES OF THE LINCOLN AVENUE AND STATE COLLEGE BOULEVARD INTERSECTION WIDENING PROJECT (R/W ACQ 2002-00097). WHEREAS, the City of Anaheim has been investigating the acquisition of property located at 221-225 South State College Boulevard, 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 Do 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 Il. The Property to be acquired is located within the City at 221-225 South State College Boulevard, (Assessor Parcel No. 037-221-19). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: Fee simple title to approximately 469 square feet of the Property, as more specifically described in Exhibit "A" hereto. A temporary construction easement over approximately 125.77 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. Co A temporary, nonexclusive construction easement to permit the City, and/or its contractors, to enter onto the area more specifically described in the legal description attached hereto as Exhibit "D", for the purposes of constructing or relocating signage, including the replacement and/or relocation of sign faces, poles, footings, wiring or electrical conduits, switches, or other electrical appurtenances for the illumination or operation of signs and sign structures, to maintain the continuity of signage on the property of which the easement area is a part and also to accommodate the public improvements contemplated under the Lincoln Avenue and State College Boulevard Intersection Widening Project. The temporary Sign Construction/Relocation Easement shall include the right to install curbing or similar structures, to protect the relocated sign and sign appurtenances from vehicular damage. The Temporary Sign Construction/Relocation Easement includes the right to temporarily bring or store equipment, tools, and personnel onto the area of the easement, necessary or convenient for constructing or relocating signage, consistent with the improvements contemplated under the Lincoln Avenue and State College Boulevard Intersection Widening Project. The rights conferred under this easement shall be effective upon written notice from the City or its contractor/relocation Easement, and shall continue in full force and effect for thirty (30) days thereafter, at which point it shall expire. 3 A temporary, nonexclusive construction easement to permit the City, and/or its contractors, to enter onto the area more specifically described in the legal description attached hereto as Exhibit "E", for the purposes of constructing or relocating driveway and other vehicular or pedestrian access facilities, to safely maintain the passage of pedestrian and vehicular access between the public rights of way and the property of which the area described in Exhibit "E" is a part, and also to accommodate the public improvements contemplated under the Lincoln Avenue and State College Boulevard Intersection Widening Project. The Temporary Driveway Construction/Relocation Easement shall include the right to install curbing or similar structures within the area of the easement, to direct vehicular traffic to the relocated driveway facilities, or protect the relocated driveway or access facilities from vehicular damage. The Temporary Driveway Construction/Relocation Easement includes the right to temporarily bring or store equipment, tools, and personnel onto the area of the easement, necessary or convenient for constructing or relocating driveway or other vehicular pedestrian access facilities, consistent with the improvements contemplated under the Lincoln Avenue and State College Boulevard Intersection Widening Project. The rights conferred under this easement shall be effective upon written notice from the City or its contractor to the owner or occupant of the easement area of the initiation of this Temporary Driveway Construction/Relocation Easement, and shall continue in full force and effect for thirty (30) days thereafter, at which point it shall expire. SECTION llI. 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 May 28, 2003 and October 2, 2003. Staff has attempted to negotiate 4 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 vm. 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: 7 CIJ(Y CLERI~OF THI~, CITY OF ANAHEIM MAYOR OF THE ANAHEIM 51891.4\cflynn\Nove~nber 6. 2003 5 HUI'ff-ZOLLARS HUITT-ZOLLARS, INC. ~ 430 Exchange ~ Suite 200 ~ Irvine, CA 92602-1309 ~ 714.734.5100 phone ~ 714.734.5155 fax ~ huitt-zollars.com LEGAL DESCRIPTION RIGHT OF WAY ACQUISITION STATE COLLEGE BOULEVARD A.P. NO. 037-221-19 ACQ. NO. 2002-00097 10-0998-01 (A) 11-01-02 Those portions of Lots 95 and 96 of Tract No. 1565, in the City of Anaheim, County of Orange, State of California, as shown on the map filed in Book 49, Pages 20 through 24 inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at intersection of the Northerly line of said Lot 95 and a line being parallel with and 3.00 feet Westerly of the East lines of said Lots 95 and 96, said parallel line also being the West lines of those certain Easement Grant Deeds recorded in Book 5719, Page 24 and in Book 6677, Page 875, both of Official Records, in the office of the County Recorder of said County; thence along said parallel line South 00°11'41'' West 126.09 feet to the Southerly line of said Lot 96; thence along said Southerly line South 74°27'51" West 2.94 feet; thence leaving said Southerly line North 00o56'46'' West 46.67 feet to the beginning of a curve concave Easterly having a radius of 1212.00 feet, the Northerly terminus of said curve being tangent to a line being parallel with and 7.00 feet Westerly of said Easterly line; thence Northerly 24.13 feet along said curve through a central angle of 01o08'27'' to said parallel line; thence along last said parallel line North 00°11'41" East 54.97 feet to said Northerly line of Lot 95; thence along said Northerly hne North 74o29'40'' East 4.16 feet to the point of beginning. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. Containing an area of 469 square feet, more or less. JAMES L. GARVIN, PLS 6343 q/I 0-0998-01/a/I/2002-00097/11-I -02/jrk/zk q / uNE LoT ~ ~ I'"' N'L¥ -J6~ 6 4~9 $~. FT. I 5 'LY LINE LOT ~ 74,.2/, LINE E'L Y LINE LOT 95 REVISED: 11/20/2002 HUITr-ZOLIARS ,-o A LEGAL DESCRIPTION Huitt-Zolesl, Inc. Irvine 430 Exchange, ~ite 200, Irvine, C~A 92602-13C)~ Jsc.4~ 1 "=40' ~,~ et, AlPO ~LeCl¢~ er JRK/JL G 8TA TE COLLEGE Phone (714) 784-5100 Fax (714) 784-~ BOULEVARD I I ",~,,~ · _ ...... ~.~. ~o. o~,-~,-,~ I=~ i ~o= ~o. ~oo~-ooo~ ,oo~,~o, G: ~ 10099801 ~EX2~2-o~gzD~ HUflT-ZOLLARS HUITT-ZOLLARS, INC. ~ 430 Exchange ~ Suite 200 ~ Irvine, CA 92602-1309 ~ 714.734.5100 phone ~ 714.734.5155fax ~ huitt-zollars.com 10-0998-01 (A) 11-21-02 ~-~,,~";/'J/,~,/7" "~" Revised 02-07-03 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 037-221-19 ACQ. NO. 2002-00097 Those portions of Lots 95 and 96 of Tract No. 1565, in the City of Anaheim, County of Orange, State of California, as shown on the map filed in Book 49, Pages 20 through 24, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County being a 1-foot strip of land, the Easterly line of which being described as follows: Commencing at the intersection of the Northerly line of said Lot 95 and a line being parallel with and 3.00 feet Westerly of the East lines of said Lots 95 and 96, said parallel line also being the West lines of those certain Easement Grant Deeds recorded in Book 5719, Page 24 and in Book 6677, Page 875, both of Official Records, in the office of the County Recorder of said County; thence along said parallel line South 00°11'41" West 126.09 feet to the Southerly line of said Lot 96; thence along said Southerly line South 74°27'51" West 2.94 feet to the TRUE POINT OF BEGINNING; thence leaving said Southerly line North 00°56'46'' West 46.67 feet to the beginning of a curve concave Easterly having a radius of 1212.00 feet, the Northerly terminus of said curve being tangent to a line being parallel with and 7.00 feet Westerly of said Easterly line; thence Northerly 24.13 feet along said curve through a central angle of 01°08'27'' to said parallel line; thence along last said parallel line North 00°11'41" East 54.97 feet to said Northerly line of Lot 95. The Westerly line of said strip of land to be lengthened or shortened so as to originate in said Southerly line of Lot 96 and to terminate in said Northerly line of Lot 95. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. Containing an area of 125.77 square feet, more less. /JAMES L. G¥'ARVIN, PLS 6343 q/l 0-0998-01/a/1/2002-00097TCE./mpd/zk ,,~-,/ ~,11 I~, o.~. 57~72,~ I LoT ~s --~-J I REVISED: 2/7/2005 HUI'IT-ZOLIA Huitt-Zoll~rs, Inc. Irvine EASEMENT AREA = 125.77 SO. FT. ] sce~ 1"--40' SKETCH TO ACCOMPANY ]~..,~ e~' kIPD A LEGAL DESCRIPTION TEMPORARY ] c~ mY JRK/JL G .430 Exchange, ~,uite 200, Irvine, CA 92602-1309 ~_~AI~'~i (714.) 734-5100 Fax (714) 734-5155 ...,,,...,,.. · rs..,,,,...,...,. ~~ ~J EASEMENT I/~.~'' ._9~ /~' · _ =~ I A.P. NO. 0,97-221-19 · ~ 2-7.20o~ AGQ. NO. 2002'00097 10099801. ~\10099801\EX2002-OOO97TCE. DWG HUITFZOLLAI HUITT-ZOLLARS, INC. ~ 430 Exchange ~ Suite 200 ~ Irvine, CA 92602-1309 ~ 71~,.734.5100phone ~ 714.734.5155fax ~ huitt-zollars.com LEGAL DESCRIPTION OVERHEAD SIGN TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 037-221-19 10-0998-01 (A) 01-31-03 Revised 02-06-03 Those portions of Lot 95 of Tract No. 1565, in the City of Anaheim, County of Orange, State of California, as shown on the map filed in Book 49, Pages 20 through 24, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Commencing at the intersection of the Northerly line of said Lot 95 and a line being parallel with and 3.00 feet Westerly of the East lines of said Lot 95 and Lot 96 of said Tract No. 1565, said parallel line also being the West lines of those certain Easement Grant Deed recorded in Book 5719, Page 24 and in Book 6677, Page 875, both of Official Records, in the office of the County Recorder of said County; thence along said parallel line South 00°11'41" West 126.09 feet to the Southerly line of said Lot 96; thence along said Southerly line South 74°27'51" West 2.94 feet; thence leaving said Southerly line North 00056'46" West 46.67 feet to the beginning ora curve concave Easterly having a radius of 1212.00 feet; thence Northerly 17.69 feet along said curve through a central angle of 00°50'11" to the TRUE POINT OF BEGINNING; thence continuing Northerly 6.44 feet along said curve through a central angle of 00°18'15"; thence North 00°11'41" East 0.81 feet; thence South 72°52'12'' West 8.28 feet; thence South 00°00"00" West 7.24 feet; thence North 72°52'12'' East 8.27 feet to the TRUE POINT OF BEGINNING. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. Containing an area of 57.24 square feet, more or less. JAMES L. GARVIN, PLS 6343 q/l 0-0998-01/a/1/037-221-19sign/jrk/zk OOURSE DA TA, 01t)8'2 7' 1212.00' 24.13' Q ~ -- 00'18'15' 1212. O0 ' 00?50'11' 1212.00' 17.69' REVISEO: 2/6/2003 HUITF ZOL[AR5 ~ SKETCH TO ACCOMPANY A LEGAL DESCRIPTION MPD Huitt-Zollar8, Inc. Irvine I CHa:~ aY JRK/J{.G 430 Exchange, E}uite 200, Ir'vine, CA 92602-1309 OVERHEAD $1~3N Phoneer (714) 734-5100 Fax (714) 734-5~ TEMPORARY ,o~z 1/31/2003 ~ x ~ ~-~ 1OONSTRUC, TIONEASEMENT [ 1 G: \ 10099801 \ EX2002-OOO9 7SIGN. D I~G HLIITI-ZOLLARS HUII~FZOI. LARS, INC ~ 430 Exchange ~ Suite 200 ~ Irvine, CA 92602-1309 ~ 714.73.L5100 phone ~ 71,L734~5155 fax ~ huitt-zollars.com q4l lT' o6-02-0310-0998-°1 (A) LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 037-221-19 ACQ. NO. 2002-00097 Those portions of Lots 95 and 96 of Tract No. 1565, in the City of Anaheim, County of Orange, State of California, as shown on the map filed in Book 49, Pages 20 through 24, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County being 6-foot strips of land, the Easterly lines of which being described in parcels as follows: Parcel A: Commencing at the intersection of the Northerly line of said Lot 95 and a line being parallel with and 3.00 feet Westerly of the East lines of said Lots 95 and 96, said parallel line also being the West lines of those certain Easement Grant Deeds recorded in Book 5719, Page 24 and in Book 6677, Page 875, both of Official Records, in the office of the County Recorder of said County; thence along said parallel line South 00°11'41" West 126.09 feet to the Southerly line of said Lot 96; thence along said Southerly line South 74°27'51" West 2.94 feet; thence leaving said Southerly line North 00o56'46'' West 23.99 feet to the TRUE POINT OF BEGINNING; thence continuing North 00o56'46'' West 22.68 feet the beginning of a curve concave Easterly having a radius of 1212.00 feet, the Northerly terminus of said curve being tangent to a line being parallel with and 7.00 feet Westerly of said Easterly line; thence Northerly 4.30 feet along said curve through a central angle of 00°12'12'' to a point hereinafter referred to as point "A". The Westerly line of said strip of land to be lengthened or shortened so as to originate in a line that bears North 89°48'19'' West and passes through the TRUE POINT OF BEGINNING and terminates in a line that bears North 89°48'19" West and passes through said point "A" Containing an area of 162 square feet, more less. Parcel B: Commencing at the intersection of the Northerly line of said Lot 95 and a line being parallel with and 3.00 feet Westerly of the East lines of said Lots 95 and 96, said parallel line also being the West lines of those certain Easement Grant Deeds recorded in Book 5719, Page 24 and in Book 6677, Page 875, both of Official Records, in the office of the County Recorder of said County; thence along said parallel line South 00°11'41" West 126.09 feet to the Southerly line of said Lot 96; thence along said Southerly line South 74°27'51" West 2.94 feet; thence leaving said Southerly line North 00056'46" West 46.67 feet to the beginning of a curve concave Easterly having a radius of 1212.00 feet, the Northerly terminus of said curve being tangent to a line being parallel with and 7.00 feet Westerly of said Easterly line; thence Northerly 24.13 feet along said curve through a q/10-0998 -01/a/l/2002-00097TCE(2)/jrk/Im LEGAL DESCRIPTION-CONTINUED TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 037-221-19 ACQ. NO. 2002-0009'7 PAGE 2 10-0998-01 (A) 06-02-03 central angle of 01008'27" to said parallel line; thence along last said parallel line North 00°11'41" East 15.20 feet to the TRUE POINT OF BEGINNING; thence continuing North 00°11'41" East 23.00 feet. Containing an area of 138 square feet, more less. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. JAMES L. ~ARVINTPLS 6343 ~ N'LY LINE (1 F (16 A 01'08'27" $'LY LINE LOT $ 1212.00' L = 24.13' QA ---- 00~t2'12" l. ~ 4.$0' R = 1212.00' /, L = 19.85' UNE 0.~'. 5719/2,~ ~ (PCL e) ~ UNE I LOT 95 , I I~8 UNE O.R. 6677/875 UNE LOT 96 HUI-IT-ZOLIARg "--'°' om~v mY MPD Huitt-Zollare, Inc. Irvine 430 Exchange, t~,utte 200, Irvine, CA 92602-130~ avEc~o aY JRK/JLG ~ (714) 734-5100 Fax (714) 734-5155 o,~zz 6/2/2003 e~, 1 EASEMENT I I ".~/--~ _ _ I A.~, NO. 057-221-19 I,,o,,,o. I · /-_./,=~.~c.~6,..z.£c~ AG~. NO. 2002-00097 '10099801 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION TEMPORARY GONSTRUGTION G: \10099801\EX2002-OOO97TCE2.DWG www.anaheim net City of Afi heim DEPARTMENT OF PUBLIC WORKS October 1, 2003 Alma Elsa Keller, Trustee 12951 MacKenzie Drive Tustin, CA 92782-1091 APN 037-221-019 - R/W ACQ2002-00097 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 211-225 SOUTH STATE COLLEGE BOULEVARD 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 211-225 S. State College Boulevard in the City of Anaheim, and bearing the Orange County Assessor Parcel No. 037-221-019. 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. 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 211-225 South State College Boulevard 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 conceming 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 environmental 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 hearing, 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 fi.om 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, ~atalie A. Meeks Development Services Manager RMG:In Attachment FN: H:~ADMIN\LETTERS\RMG-Reso of Necessity-211-225 S St College.doc c Gary E. Johnson File City of Anaheim DEPARTMENT OF PUBLIC WORKS October 2, 2003 Elsa Keller, Trustee 12951 MacKenzie Drive Tustin, CA 92782-1091 Re: APN 037-221-019 R/W 2002-00097 Offer for Acquisition by The City of Anaheim of Portions of Property Located at 221-225 S. State College Blvd., Anaheim, California Dear Property Owner: The City of Anaheim hereby makes a supplemental offer to its original offer dated May 28, 2003, to settle the acquisition of a portion of the property located at 221-225 S. State College Blvd., 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 the intersection at Lincoln Avenue and 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 $16,700.00 for all interests it seeks to acquire in the Property, segregated as follows: $14,070.00 1,402.00 -0- -0- 1,054.00 $16,668.00 Land Improvements Severance Damages Special Benefits Temporary Construction Easement (Exhibit "C" & "D") Overhead Sign T.C.E. (Exhibit "E") Subtotal $16,700.00 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: ,NWw.anaheimnet P.O. Box 3222. Anaheim, Calilomia 92803 -~£L (714) 765-5176 FAX {714) 765-5225 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 eLseq.; 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, N}t~_ah e Meeks [ l~evelopment Services Manager NM:DBC:RLC:hh Anaheim~Lincoln-St College\037-221 - 19~OL EXHIBIT "B" APPRAISAL SUMMARY Project: Lincoln Avenue/State College Street Widening Location: The West side of State College Blvd., South of Lincoln Avenue, Anaheim, CA Assessor Parcel Number: 037-221-19 R/W No.: ACQ2002-00097 Date of Valuation: May 14, 2003 Owner: Alma Elsa Keller, Trustee of the Keller Trust dated February 5, 1987 Property Address: 211-225 S. State College Blvd., Anaheim, CA Zone: CL, Commercial Limited Present Use: Commercial Highest & Best Use: Commercial Total Property Area: + 14,282 S.F. Part Take, Area to be Acquired: Fee Simple 469.00 S.F. Temporary Construction Easement (12 Months) 125.77 S.F. Temporary Construction Easement (12 Months) 300.00 S.F. Overhead Sign T.C.E. 57.24 S.F. Improvements to be Acquired ' Asphalt Paving and Pole Sign Summary of Just Compensation: Land Improvements Value of Part Taken $14,070.00 1,402.00_ $15,472.00 Severance Damage $ -0- Special Benefit $ -0: Net Damages Temporary Construction Easement (Exhibit "C") Temporary Construction Easement (Exhibit "D") Overhead Sign T.C.E (Exhibit "E") Subtotal Total Just Compensation $ 311.00 743.00 142.0_0 $16,668.00 $16,700.00 City of Anaheim DEPARTMENT OF PUBLIC WORKS May 28, 2003 Alma Elsa Keller, Trustee 12951 MacKenzie Drive Tustin, CA 92782-1091 Re: APN 037-221-019 ACQ: 2002-00097 Offer for Acquisition by The City of Anaheim of Portions of Property Located at 211-225 S. State College Blvd., Anaheim, California Project: Lincoln Ave./State College Boulevard Dear Property Owner: This letter is being forwarded to you as the owner of record of property located at 211-225 S. State College Blvd., Anaheim, California. The City hereby offers to acquire a portion of your property, and more particularly described in Exhibit "A" ("Property") attached hereto. This Property is sought by the City for purposes of widening of the intersection at Lincoln Avenue and 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 $16,000.00 for all interests it seeks to acquire in the Property, segregated as follows: $ 14,070.00 Land 1,402.00 Improvements -0- Severance Damages -0- Special Benefits 311.00 Temporary Construction Easement ______[42.0_____Q0 Overhead Sign T.C.E. $ 15,925.00 Subtotal $ 16,000.00 Total lust 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 and or Easement as described herein. 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: www.anaheirn,net R0. Box 3222. Anaheim, Calilornia 92803 TEL (714) 765-5176 FAX (714) 765-5225 Taxes for the year in ,;786~h the Property is purchased, which sha~ ~ cleared and paid in the manner required by Section 5( of the Revenue and Taxation Code, if ~npaid 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 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, N~alie Meeks _,. lJevelopment Services Manager NM:DBC:RLC:hh Anaheim\Lincoin-St.College'~f37-221 - 19\.ol EXHIBIT "B" APPRAISAL SUMMARY Project: Lincoln Avenue/State College Street Widening Location: The West side of State College Blvd., South of Lincoln Avenue, Anaheim, CA R/W No.: ACQ2002-00097 Assessor Parcel Number: 037-221-19 Date of Valuation: May 14, 2003 Owner: Alma Elsa Keller, Trustee of the Keller Trust dated February 5, 1987 Property Address: 211-225 S. State College Blvd., Anaheim, CA Zone: CL, Commercial Limited Present Use: Commercial Highest & Best Use: Commercial Total Property Area: + 14,282 S.F. ~69.00 S. F. Part Take, Area to be Acquired: Fee Simple Temporary Construction Easement (12 Months)/125.77 S.F. Overhead Sign T.C.E. f57.24 S.F. Improvements to be Acquired' Asphalt Paving and Pole Sign Summary of Just Compensation: Land Improvements Value of Part Taken 142.00 $14,070.00 1 402.00 $15,472.00 Severance Damage Special Benefit ~ N~ Damages Temporary Construction Easement (Exhibit "C") Overhead Sign T.C.E )Exhibit "D") Subtotal Total Just Compensation $ 311.00 $15,925.00 $16,000.00 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-212 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 ? ~'CITY CLEI~ OF ./r'HE CITY OF ANAHEIM (SEAL)