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2003-209RESOLUTION NO. 2003R-209 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 125 NORTH BROOKHURST STREET AND 2217 WEST LINCOLN AVENUE FOR THE PURPOSES OF THE LINCOLN AVENUE AND BROOKHURST STREET INTERSECTION IMPROVEMENT PROJECT (R/W ACQ. 2002-00077). WHEREAS, the City of Anaheim has been investigating the acquisition of property located 125 North Brookhurst Street and 2217 West Lincoln Avenue, for the purposes of making public roadway improvements consistent with 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 opportuniW 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 the Lincoln Avenue and Brookhurst Street Intersection Improvement Project; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including the Negative Declaration for the Lincoln Avenue and Brookhurst Street Intersection Improvement 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 Brookhurst Street Intersection Improvement Project which consists of the widening and improving of Lincoln Avenue and Brookhurst Street, including installation of street landscaping and public utilities. The location of the project is depicted generally in the project precise alignment dated March 18, 2003, and presented to City Council as part of the record of hearing in this matter. SECTION II. The Property to be acquired is located within the City of Anaheim at 125 North Brookhurst Street and 2217 West Lincoln Avenue, (Assessor Parcel No. 071-181-34 and 35). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: mo Fee simple title to approximately 317 square feet of the Property, as more specifically described in Exhibit "A" hereto. Bo A temporary construction easement over approximately 157 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 Brookhurst Street 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 2 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 within the temporary construction easement area 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. 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" and "D1 ", 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 Brookhurst Street Intersection Improvement 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 Brookhurst Street Intersection Improvement 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 Sign Construction/Relocation Easement, and shall continue in full force and effect for thirty (30) days thereafter, at which point it shall expire. SECTION III. The public interest and necessity require the Project, in that the CiW's General Plan, and specifically the Circulation Element, calls for the improvement of Lincoln Avenue and Brookhurst Street in the manner contemplated by the Project. The Project is designed to improve traffic circulation 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 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 6, 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 a 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 4 of 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. MAYOR AHEIM OF THE ATTEST: .,. ~ CIT,~ CLI~RK (~F THE CITY OF ANAHEIM 43446.10LLNEWBERRY 5 ACQ2002-00077 APN 71-181-34 APN 71-181-35 Legal Description: That portion of the south east quarter of the south east quarter of Section 7, Township 4 south, Range 10 West, of the San Bemardino Base Line and Meridian located in the City of Anaheim, County of Orange, State of California, and more particularly described as follows: Beginning at the centedine intersection of Lincoln Ave and Brookhurst Street, said intersection being the south east comer of Section 7; thence along the centerline of Brookhurst Street North 00020'45'' East 350.19; thence South 89°40'54'' West 60.00 feet, to a point on the Westerly Right of Way Line of Brookhurst Street as established by an Easement Deed recorded in Book 8794 Pages 975 through 976 of Official Records of Orange County; thence South 00020'45'' West 4.20 feet along said Westerly right of way line to the True Point of Beginning of this description; thence along said Right of Way line South 00020'45'' West 156.02 feet; thence South 89038'54'' West 5.00 feet; thence North 0°20'45"East 26.08 feet to a curve concave east with a radius of 309.00 feet; thence along said curve 13.93 feet through a deflection angle of 2°34'59"; thence, North 02055'44'' East 91.79 feet to a curve concave west with a radius of 541.00 feet; thence along said curve 24.39 feet through a deflection angle of 2°34'59"to the True Point of Beginning. Prepared By: AAE Incorporated 601 S Valencia Ave, Suite 250 Brea, CA 92823 Peter Gambino, P.L.S. 7687 Date EASEMENT NOTES: EASEMENT FOR STREET AND HIGHWAY PURPOSES DEDICATED TO THE COUNTY OF ORANGE PER DEED RECORDED IN BK 8794 PGS 975-976 BASIS OF BEARING: THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN OCS HORIZONTAL CONTROL GPS STATION 3018 AND GPS STATION 3019 BEING NOO'47'39"E PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. S89'40'54"W 60.00' THIS PLAT WAS PREPARED FROM RECORD DATA.  Ngo~'54"E 60.00' LENGTH BEARING DISTANCE L1 NOO'20'45"E 26.08' L2 S89'38'54"W 5.00' L3 S00'20'4.5"W 4.20' CURVE TABLE: CURVE RADIUS DELTA LENGTH Cl 54.1.00 2'34'59" 24.39' C2 ,309.00 2'34'59" 1,3.9,3' AREA: LINCOLN AVE POB ~ SE CORNER OF~ SECTION 7 ACQ 2002-00077 APN 71-181-34 ^PN 71-181-35 PLANS PREPARED BY: AA E INCORPORATED C,l~fl, Trm"fic & Tmnsl~,ttat~n ~ ~.,,~,,,t ~, s,.,,~,~ t ~ETER,.,,-,,,,,,.,,,,,., PLS 7687 801 SOUTH VALENCIA AVENUE, SUITE 250 BREA C~ 92823 DATE ACQ2002-00077 Construction Easement APN 71-181-34 APN 71-181-35 Legal Description: That portion of the south east quarter of the south east quarter of Section 7, Township 4 south, Range 10 West, of the San Bernardino Base Line and Meridian located in the City of Anaheim, County of Orange, State of California, lying one foot westerly of the following described line: Beginning at the centerline intersection of Lincoln Ave and Brookhurst Street, said intersection being the south east corner of Section 7; thence along the centerline of Brookhurst Street North 00020'45'' East 350.19; thence South 89040'54'' West 60.00 feet, to a point on the Westerly Right of Way Line of Brookhurst Street as established by an Easement Deed recorded in Book 8794 Pages 975 through 976 of Official Records of Orange County; thence South 00020'45'' West 4.20 feet along said Westerly right of way line to the True Point of Beginning of the described line, said point also being the beginning of a tangent curve concave west with a radius of 541.00 feet; thence southerly along said curve 24.39 feet through a deflection angle of 2°34'59"; thence South 02055'44'' West 91.79 feet to a curve concave east with a radius of 309.00 feet; thence southerly along said curve 13.93 feet through a deflection angle of 2°34'59"; thence South 0020'45'' West 26.08 feet. Prepared By: AAE Incorporated 601 S Valencia Ave, Suite 250 Brea, CA 92823 Peter Gamb~no, P ~..S 7687 Date DETAIL 1 NTS BASIS OF BEARING: THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN OCS HORIZONTAL CONTROL GPS STATION .3018 AND GPS STATION 5019 BEING NOO'47'39"E PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. THIS PLAT WAS PREPARED FROM RECORD DATA, LINE TABLE: LENGTH BEARING DISTANCE L1 S00'20'45"W 26.08' L2 NOO'20'45'E 26.09' L3 S00'20'45"W 4.20' L4- S89'4.0'54"W 1.00' L5 N89'38'54"E 1.00' CURVE TABLE: CURVE RADIUS DELTA LENGTH C1 54-1.00 2'54.'59" 24..39' C2 ,.309.00 2'34.'59" 13.93' C3 ,310.00 2'34'59" 1,3.97' C4. 54.0.00 2'34.'59" 24..54' REA: 157 SF LINCOLN AVE DETAIL 2 NTS N 89'58"54" E SEE DETAIL 1 S89'40'54"W 60.00' SEE DETAIL 2 LLI LLI 65' SE CORNER OF SECTION 7 CONSTRUCTION EASEMENT ACQ 2002-00077 APN 71-181-34 APN 71-181-35 PLANS PREPARED BY: AAE INCORPORATED ~, Trofflc & Tmnqxx~zflen Englneedng. 601 SOUTH VALENCIA AVENUE SUITE 250 P '-TER GAMBINO. PLS 7687 DATE (714,) 940-0100 Construction Easement for Large Sign Removal Legal Description: That portion of the south east quarter of the south east quarter of Section 7, Township 4 south, Range 10 West, of the San Bemardino Base Line and Meridian located in the City of Anaheim, County of Orange, State of California, and more particularly described as follows: Beginning at the centerline intersection of Lincoln Ave and Brookhurst Street, said intersection being the south east comer of Section 7; thence along the centerline of Brookhurst Street North 00020'45'' East 350.19; thence South 89040'54" West 60.00 feet, to a point on the Westerly Right of Way Line of Brookhurst Street as established by an Easement Deed recorded in Book 8794 Pages 975 through 976 of Official Records of Orange County; thence South 00020'45" West 4.20 feet to a curve concave west with a radius of 541.00 feet thence south along said curve 24.39 feet through a deflection angle of 2°34'59"; thence, South 02055'44" West 79.33 feet to the Tree Point of Beginning of this description; thence North 87o04, 16" West 10.00 feet; thence, South 02055'44" West 10.00 feet; thence, South 87°04'16'' East 10.00 feet; thence, North 02055'44" East 10.00 feet to the Tree Point of Beginning. Peter Gambino, P.L.S. 7687 AAE Incorporated 601 S Valencia Ave, Suite 250 Brea, CA 92823 Date S89'40'54"W 60.00' BASIS OF BEARING: THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN OCS HORIZONTAL CONTROL GPS STATION .3018 AND GPS STATION .3019 BEING NOO'47'59"E PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. THIS PLAT WAS PREPARED FROM RECORD DATA. LINE TABLE: LENGTH BEARING DISTANCE L1 NOO'20'45"E 26.08' L2 S00'20'45"W 4.20' L3 N87'04'16"W 10.00' L4 S02'55'44"W 10.00' L5 S87'04'16"E 10.00' L6 NO2'55'44"E 10.00' CURVE TABLE: CURVE RADIUS DELTA LENGTH Cl 541.00 2',34'59" 24.39' C2 309.00 2',34'59" 13.9.3' AREA: 100 SF 65' I,I LLJ LINCOLN AVE SE CORNER OF SECTION 7 CONSTRUCTION EASEMENT FOR LARGE SIGN REMOVAL ACQ 2002-00077 APN 71 - 181-34 APN 71-181-35 PLANS PREPARED BY: AAE INCORPORATED C1~1, Trdflc & Tmltai~ 601 SOUTH VALENCIA AVENUE. SUI1E 250 BREA, CA 9282,.3 (7~) PETER GAMBINO,"PLS 7687 DATE ACQ2002-00077 APN 71-181-34 APN 71-181-35 Construction Easement for Large Sign Relocation Legal Description: That portion of the south east quarter of the south east quarter of Section 7, Township 4 south, Range 10 West, of the San Bernardino Base Line and Meridian located in the City of Anaheim, County of Orange, State of California, and more particularly described as follows: Beginning at the centerline intersection of Lincoln Ave and Brookhurst Street, said intersection being the south east corner of Section 7; thence along the centerline of Brookhurst Street North 00020'45" East 350.19; thence South 89040'54" West 60.00 feet, to a point on the Westerly Right of Way Line of Brookhurst Street as established by an Easement Deed recorded in Book 8794 Pages 975 through 976 of Official Records of Orange County; thence South 00020'45" West 4.20 feet to a curve concave west with a radius of 541.00 feet, thence south along said curve 5.97 feet through a deflection angle of 0037'58" to the True Point of Beginning of this description; thence south along said curve 5.00 feet through a deflection angle of 0°31'46"; thence North 89001, 17" West 13.98 feet; thence, North 00058'43" East 5.00 feet; thence, South 89001, 17" East 14.00 feet to the True Point of Beginning. Prepared By: AAE Incorporated 601 S Valencia Ave, Suite 250 Brea, CA 92823 Date //~~ TPOB DETAIL 1 NTS BASIS OF BEARING: THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN OCS HORIZONTAL CONTROL GPS STATION 3018 AND GPS STATION 5019 BEING NOO'a,7'39"E PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. THIS PLAT WAS PREPARED FROM RECORD DATA. LINE TABLE: LENGTH BEARING DISTANCE L1 S00'20'4.5"W 26.08' L2 S00°20'45"W a,.20' L3 N89'O1'17"W 13.98' La, NOO'58'4.3"E 5.00' L5 S89'01 '17"E 14-.00' RADIUS 54-1.00 509.00 54-1.00 541.00 CURVE TABLE: CURVE DELTA LENGTH C1 2',34.'59" 24.59' C2 2'5a,'59" 13.93' C5 0'37'58" 5.97' 5.00' Ca, 0'31'a,6" ~@ ! AREA: 70 SF S89'a,O'~54"W 60.00' )OB SEE DETAIL 1 65' -'" LINCOLN AVE 0 z rY SE CORNER OF SECTION 7 CONSTRUCTION EASEMENT FOR LARGE SIGN RELOCATION ACQ 2002-00077 APN 71-181-34 APN 71-181-35 ~ ~ 928~ (71~) s~-o~ www.anaheJm.net City of A eim DEPARTMENT OF PUBLIC WORKS October 1, 2003 Great Western Anaheim Car Washes, L.P. 2217 West Lincoln Avenue Anaheim, California 92801 APN 071-181-34 & 35 - R/W ACQ2002-00077 Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located at 125 North Brookhurst Street and 2217 West Lincoln 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 125 North Brookhurst Street and 2217 West Lincoln Avenue in the City of Anaheim, and beating the Orange County Assessor Parcel No. 071-181-34 & 35. The City of Anaheim has been investigating the acquisition of certain property for accommodation of the Lincoln Avenue and Brookhurst Street Intersection Improvement Project. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed public project if the following conditions are established: A. The public interest and necessity require 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. 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 environmental impacts associated with the proposed acquisition and the project for which the property is proposed to be acquired, the Lincoln Avenue and Brookhurst Street Intersection Improvement Project, have been adequately reviewed under Negative Declaration, adopted by City Council on March 18,2003, 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. P.O. Box 3222. Anaheim, Cali(ornia 92803 TEL (714) 765-5176 FAX (714) 765-5225 Page 2 RE: APN 071-181-34 & 35 - RAV ACQ2002430077 Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located at 2217 West Lincoln Avenue 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, nor 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:sm Attachments [~ FILENAME \p H:~.DMIN'xLEITERS~RGAPN0711813435.doc ~ ! c: Gary E. Johnson Sheryll Schroeder, City Clerk File City of Anaheim DEPARTMENT OF PUBLIC WORKS May 6, 2003 Great Western Anaheim Car Washes, L.P. 2217 W. Lincoln Avenue Anaheim, CA 92801 Re.' APN 071-181-34 R/W 2002-00077 Offer for Acquisition by The City of Anaheim of Portions of Property Located at 125 N. Brookhurst St. and 2217 W. Lincoln Ave., Anaheim, California Project: Brookhurst/Lincoln Improvement Dear Property Owner: This letter is being forwarded to you as the owner of record of property located at 125 N. Brookhurst St. and 2217 W. Lincoln Ave., Anaheim, California. The City hereby offers to acquire a portion of your proper:y, and more particularly described in Exhibit "A" attached hereto. This Property is sought by the City for purposes of Broohurst Street and Lincoln Avenue ImprovementsCProject"), 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 $9,200.00 for all interests it seeks to acquire in the Property, segregated as follows: $ 7,000.00 Land 1,750.00 Improvements -0- Severance 450.00 Temporary Construction Easements $ 9,200.00 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: 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; P.O. Box 3222. Anaheim, California 92803 TEL (714) 765-5176 [:fly /71d~ 7~t~-gooq 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 tn)/ly yours~ ~, N~falie Meeks t__ lJevelopment Services Manager NM:DBC:RLC:rb Anaheim\Br ookhur st/Lincoln/07181-34 ~~' EXHIBIT "B" ~ , APPRAISAL SUMMARY t: Brookhurst St./Lincoln Ave. Street Widening Assessor Parcel Number: 071 - 181-34 R/W No. ACQ2002-00077 Date of Valuation: March 11, 2003 Owner: Gmat Western Anaheim Car Washes, L.P. Property Address: 125 N. Brookhurst St. and 2217 W. Lincoln Ave., Anaheim, CA Zone: CL (Commerical, Limited) Present Use: Auto Service and Car Wash Highest & Best Use: As Improved Total Property Area: 1.63 Acres Part Take, Area to be Acquired: 317 S.F. Fee Simple Interest Temporary Construction Easement Sign - Large Sign Removal 100 S.F. (1 Month) (Exhibit "C") Sign - Large Sign Relocation 70 S.F. (Installation) (1 Month) (Exhibit "D") Street Construction 157 S.F. (12 Months) (Exhibit "E") Improvements to be Acquired: Grass/asphalt/concrete curbing (317 S.F) 2 Trees Summary of Just Compensation: Land Improvements Value of Part Taken $7,000.00 1,751.00 Rounded $8,750.00 Severance Damage Special Benefit Net Damages Temporary Construction Easement Sign - Large Sign Removal Sign - Large Sign Relocation Street Construction 22.00 15.00 414.00 $ 451.00 Rounded 450.00 Total Just Compensation $9,200.00 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-209 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 CI'~'Y CLERK C~F THE'CITY OF ANAHEIM (SEAL)