2004-212
RESOLUTION NO. 2004- 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 1198 SOUTH STATE COLLEGE BOULEVARD
FOR THE PURPOSES OF THE STATE COLLEGE BOULEVARD
AND BALL ROAD INTERSECTION IMPROVEMENT PROJECT
(R/W ACQ 2003-00144).
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
at 1198 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 October 26,2004, 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 Exhibits "A", "C", and "D" which legal descriptions are incorporated herein by
reference, the City Council of the City of Anal1eim 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;
B. 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
D. 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 State College Boulevard and
Ball Road 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 Negative Declaration for the
State College Boulevard and Ball Road 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 State College
Boulevard and Ball Road Intersection Improvement Project which consists of the widening and
improving of State College Boulevard and Ball Road, including installation of street landscaping
and public utilities. The Location of the Project is depicted generally in the project precise alignment
dated October 28, 2003 and presented to the City Council as part of the record of hearing in this
matter.
SECTION n. The Property to be acquired is located within the City at 1198 South State
College Boulevard, (Assessor Parcel No. 253-212-01). The portions of Property the City seeks to
acquire, and the Property interests sought, consist of the following:
A. An easement for public road and public utility purposes to approximately
700 square feet ofthe Property, as more specifically described in Exhibit "A"
hereto.
B. A temporary construction easement over approximately 160 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 State College Boulevard and Ball Road 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
2
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.
Regarding the land described as "TCE A" in Exhibit "C", 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.
Regarding the land described as "TCE B" in Exhibit "C", 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 construction easement, and shall continue in full force and
effect for thirty (30) days thereafter, at which point it shall expire.
C. A temporary, nonexclusive construction easement to permit the City, and/or
its contractors, to enter onto the area more specifically described as "Parcel
A" 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 State College Boulevard and
Ball Road Intersection Improvement Project. The temporary Sign
ConstructionlRelocation 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 ConstructionlRelocation
3
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 State College Boulevard and Ball Road 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
ConstructionlRelocation Easement, and shall continue in full force and effect
until written notice to the owner of record that the temporary construction
notice is no longer needed by the City, or twelve (12) months after notice of
the initiation of the temporary construction easement, whichever is earlier.
D. A temporary, nonexclusive construction easement to permit the City, and/or
its contractors, to enter onto the area more specifically described as "Parcel
B" and "Parcel C" in the legal description attached hereto as Exhibit "D", 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 "D" is a part, and also to accommodate the
public improvements contemplated under the State College Boulevard and
Ball Road Intersection In1provement Project. The Temporary Driveway
ConstructionlRelocation 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
ConstructionlRelocation 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 State College Boulevard and Ball Road 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 Driveway
ConstructionlRelocation Easement, and shall continue in full force and effect
until written notice to the owner of record that the temporary construction
notice is no longer needed by the City, or twelve (12) months after notice of
the initiation of the temporary construction easement, whichever is earlier.
SECTION m. 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 State College Boulevard
and Ball Road 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
4
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 Project has been designed to preserve a minimum of 10-
feet of width between the public right of way and the nearest fueling station so as to conform to the
Uniform Fire Code Standards for service station drive aisles. 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 August 13, 2004. 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 Vll. 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 Vill. 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.
5
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 26th day of October, 2004, by the following roll call vote:
AYES: Mayor Pringle, CouncilMembers Chavez, Hernandez, McCracken
NOES: None
ABSENT: Council Member Tait
ABSTAIN: None
By
MAYOR OF THE
ATTEST:
ffci~~AHETM
51891.18
6
EXHiBiT 'A'
ACQ2003-mBOIK eJO I qq
APN253-212-01
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF THE SOUTH 203.00 FEET OF THE
WEST 203.00 FEET OF THE SW 1/4 OF SECTION 13, SAID SECTION BEING A PORTION OF
LOT 41, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, AS SHOWN ON A MAP RECORDED IN BOOK 2 AT PAGES 256 AND 257 OF PATENTS OF LOS
ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENC:J:NG AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL
ROAD, AS SHOWN ON A MAP FILED IN BOOK 47 AT PAGE 13 OF PARCEL MAPS, IN THE
OFFICE OF COUNTY RECORDER OF SAID COUNTY OF ORANGE;
THENCE, NORTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD
NORTH 00059' 14" EAST (SHOWN AS BEING NOoo06' OO"E ON SAID PARCEL MAP), 203.00
FEET;
THENCE, LEAVING SAID CENTERLINE ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY
LINE OF PARCEL 1, AS SHOWN ON SAID PARCEL MAP, SOUTH 89002'22" EAST 53.00 FEET
TO THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE EASTERLY
RIGHT OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHOWN ON SAID
PARCEL MAP, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE, SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY SOUTH 00059'14" WEST 124.99
FEET TO AN ANGLE POINT THEREIN;
THENCE, CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY SOUTH
44001'34" EAST 35.36 FEET TO THE NORTHERLY RIGHT OF WAY OF BALL ROAD (53' HALF
WIDTH) AS SHOWN ON SAID PARCEL MAP;
THENCE, ALONG LAST SAID RIGHT OF WAY SOUTH 89002'22" EAST 4.67 FEET;
THENCE, LEAVING LAST SAID RIGHT OF WAY NORTH 44001'34" WEST 35.36 FEET TO A LINE
BEING PARALLEL WITH AND EASTERLY 4.67 FEET (4 FT 8 IN) FROM SAID EASTERLY RIGHT
OF WAY OF STATE COLLEGE BOULEVARD;
THENCE, NORTHERLY ALONG SAID PARALLEL LINE NORTH 00059'14" EAST 124.99 FEET TO
SAID SOUTHERLY LINE OF PARCEL 1;
THENCE, WESTERLY ALONG SAID SOUTHERLY LINE NORTH 89002'22" WEST 4.67 FEET TO THE
POINT OF BEGINNING.
CONTAINING: 700 SQ. FT., MORE OR LESS
V:\Projects\14059.00\surmap\DOOLEGALS\304I_R W -APN_253-212-0 I.DOC
Page 10f2
ALs6 AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
. '. . I
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
...... ..
LO E -:" SCHAMBER, P.L.S. 7408
MY LICENSE EXPIRES 12/31/2005
OCTOBER 28, 2003
IN: 14059.00.000
V:\Projects\14059.00\sunnap\OOaLEGALS\3041-RW_APN_253_212_01,DOC
Page 2 of2
BASIS OF BEARINGS
EXHIBIT 'A'
ACO 2003-XXXXX
A.P.N.253-212-01
SHEET 1 OF 1
THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING
BETWEEN OCS HORIZONTAL CONTROL GPS STATION 0125 AND
GPS STATION 30% BEING N 00'59'14" E PER RECORDS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR.
THIS PLAT WAS PREPARED FROM RECORD DATA.
( ) = RECORD DATA PER P.M.B. 47/13
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PO:=iTJO]\J OF
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19 Technology Drive, Irvine, CA 92618 (949) 92J-6QO(J
DATE:
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JOB NO. 14059.00.000
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EXHIBIT c::..
ACQ2003-00144 (CHEVRON)
APN 253-212-01
TEMPORARY CONSTRUCTION EASEMENTS
TCE A
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF THE SOUTH 203.00 FEET OF THE
WEST 203.00 FEET OF THE SW 1/4 OF SECTION 13, SAID SECTION BEING A PORTION OF
LOT 41, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, AS SHOWN ON A MAP RECORDED IN BOOK 2 AT PAGES 256 AND 257 OF PATENTS OF LOS
ANGELES COUNTY, CALIFORNIA, LYING WITH A 1.00 FOOT WIDE STRIP, THE WESTERLY AND
SOUTHWESTERLY SIDELINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL
ROAD, AS SHOWN ON A MAP FILED IN BOOK 47 AT PAGE 13 OF PARCEL MAPS, IN THE
OFFICE OF COUNTY RECORDER OF SAID COUNTY OF ORANGE;
THENCE, NORTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD
NORTH 00059' 14" EAST (SHOWN AS BEING NOoo06' OO"E ON SAID PARCEL MAP), 203.00
FEET;
THENCE, LEAVING SAID CENTERLINE ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY
LINE OF PARCEL 1, AS SHOWN ON SAID PARCEL MAP, SOUTH 89002'22" EAST 53.00 FEET
TO THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE EASTERLY
RIGHT OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHOWN ON SAID
PARCEL MAP;
THENCE, SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY SOUTH 00059'14" WEST 124.99
FEET TO AN ANGLE POINT THEREIN;
THENCE, CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY SOUTH
44001'34" EAST 35.36 FEET TO THE NORTHERLY RIGHT OF WAY OF BALL ROAD (53' HALF
WIDTH) AS SHOWN ON SAID PARCEL MAP;
THENCE, ALONG LAST SAID RIGHT OF WAY SOUTH 89002'22" EAST 4.67 FEET TO THE POINT
OF BEGINNING;
THENCE, LEAVING LAST SAID RIGHT OF WAY NORTH 44001'34" WEST 35.36 FEET TO A LINE
BEING PARALLEL WITH AND EASTERLY 4.67 FEET (4 FT 8 IN) FROM SAID EASTERLY RIGHT
OF WAY OF STATE COLLEGE BOULEVARD;
THENCE, NORTHERLY ALONG SAID PARALLEL LINE NORTH 00059'14" EAST 45.66 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT 'A';
THENCE, CONTINUING ALONG SAID PARALLEL LINE NORTH 00059'14" EAST 35.90 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT 'B';
THENCE, CONTINUING ALONG SAID PARALLEL LINE NORTH 00059'14" EAST 43.42 FEET TO A
POINT ON SAID SOUTHERLY LINE OF PARCEL 1, LYING SOUTH 89002' 22" EAST 4.67 FEET
FROM SAID NORTHWEST CORNER OF PARCEL 1, AS MEASURED ALONG SAID NORTHERLY LINE,
SAID POINT ALSO BEING THE POINT OF TERMINATION.
V:\PROJECTS\ 14059.00Isunnap\DOC\LEGALS\TCE\3041- TCE-APN _253-212-0 I.DOC
Page 1 of2
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED SO AS TO
INTERSECT SOUTHERLY IN SAID NORTHERLY RIGHT OF WAY OF BALL ROAD, NORTHERLY IN
SAID SOUTHERLY LINE OF PARCEL 1 AND SHALL MEET AT ANGLE POINTS.
EXCEPTING THEREFROM THAT CERTAIN PORTION HEREINBELOW DESCRIBED AS TCE \\B".
TCE B
A ONE-FOOT-WIDE STRIP LYING NORTHERLY OF A LINE DRAWN AT RIGHT ANGLES
THROUGH THE HEREINABOVE DESCRIBED POINT 'A' AND LYING SOUTHERLY OF A LINE
DRAWN AT RIGHT ANGLES THROUGH THE HEREINABOVE DESCRIBED POINT 'B'.
ALSO AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIQNS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY OR
UNDER THE DIR CTION OF:
JULY 21, 2004
IN: 14059.00.000
V:\PROJECTS\14059.00\sunnap\DOC\LEGALS\ TCE\3041- TCE-APN_ 253-212-0 I.DOC
Page 2 of2
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EXHIBIT 'B'
ACO 2003-00144 (CHEVRON)
A.P.N.253-212-01
TEMPORARY CONSTRUCTION EASEMENTS
SHEET 1 OF 1
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING
BETWEEN OCS HORIZONTAL CONTROL GPS STATION 012B AND
GPS STATION 30'110 BEING N 00.5Cf'14" E PER RECORDS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR.
THIS PLAT WAS PREPARED FROM RECORD DATA.
( ) = RECORD DATA PER P.M.B. 47/13
P }-\ Fi eEL -J
P >J\;LB. .47 /-J3
NB'102 '22"W 4.<07'
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A.P.N. 253-212-01
POFiTJON OF
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LORYN[ A. CHAMBm, P.L.S. 7408
MY LIC[NS[ [XPIR[S 12/31/05
The Keith comPBn;es/TK.C
19 Technology Drive, Irvine, CA 92618 (949) 92J-6ooD
v-\ PROJECTS\ 14059 00\ SURMAP\ owe\ SYMEI 00 7. owe
07/21/04
DATE:
JOB NO. 14059.00.000
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EXHIBIT '0'
ACQ2003-00144
APN253-212-01
TEMPORARY CONSTRUCTION EASEMENT
FOR SIGN & LIGHT RELOCATION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF THE SOUTH 203.00 FEET OF THE
WEST 203.00 FEET OF THE SW 1/4 OF SECTION 13, SAID SECTION BEING A PORTION OF
LOT 41, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, AS SHOWN ON A MAP RECORDED IN BOOK 2 AT PAGES 256 AND 257 OF PATENTS OF LOS
ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL
ROAD, AS SHOWN ON A MAP FILED IN BOOK 47 AT PAGE 13 OF PARCEL MAPS, IN THE
OFFICE OF COUNTY RECORDER OF SAID COUNTY OF ORANGE;
THENCE, EASTERLY ALONG SAID CENTERLINE OF BALL ROAD SOUTH 89002'22" EAST (SHOWN
AS BEING N89055'36"W ON SAID PARCEL MAP), 82.71 FEET;
THENCE, LEAVING SAID CENTERLINE AT RIGHT ANGLES NORTH 00057'38" EAST 53.00 FEET
TO THE NORTHERLY RIGHT OF WAY OF BALL ROAD (53' HALF WIDTH) AS SHOWN ON SAID
PARCEL MAP, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE, ALONG LAST SAID RIGHT OF WAY SOUTH 89002'22" EAST 0.55 FEET;
THENCE, LEAVING LAST SAID RIGHT OF WAY NORTH 00057'38" EAST 19.25 FEET;
THENCE, NORTH 44001'34" WEST 16.07 FEET;
THENCE, NORTH 89000 '46' WEST 14.19 FEET TO A LINE BEING PARALLEL WITH AND
EASTERLY 4.67 FEET (4 FT 8 IN) FROM THE EASTERLY RIGHT OF WAY OF STATE COLLEGE
BOULEVARD (53' HALF WIDTH) AS SHOWN ON SAID PARCEL MAP,;
THENCE, SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00059'14" WEST 5.61 FEET;
THENCE, SOUTH 44001'34' EAST 35.36 FEET TO THE POINT OF BEGINNING.
CONTAINING: 405 SQ. FT., MORE OR LESS
ALSO AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
OF:
L R, P.L.S. 7408
MY LICENSE EXPIRES 12/31/2005
FEBRUARY 04, 2004
IN: 14059.00.000
V:\Projects\14059.00\surmap\DOC\LEGALS\TCE\3041_ TCE2-APN _253-212-0 I.DOC
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EXHIBIT 'D'
ACO 2003-00144
A.P .N.253-212 -01
TEMPORARY CONSTRUCTION EASEMENT
FOR SIGN E LIGHT RELOCATION
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING
BETWEEN OCS HORIZONTAL CONTROL GPS STATION 0128 AND
GPS STATION 30% BEING N 00"59'14" E PER RECORDS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR.
LINE TABLE
LINE BEARING
L1 589"02 '22"E
L2 NOO"57 '38"[
L3 N44"01'34"W
L4 N89"00'4G'W
L5 500"59 '14 'w
LG 544"01'34"[
L7 N89"00'4G"W
THIS PLAT WAS PREPARED FROM REGORD DATA.
( ) = R[CORD DATA PER P.M.B. 47/13
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A.P.N. 253-212-01
POFnJON OF
SOUTH 203.00' OF
WEST 203.00'OF
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AREA = :1:405 SQ. FT_
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ct BALL ROAD
P.D.C.
589"02 '22"E 82.71'
(N89"55 '3G"W)
02/04/04
JOB NO. 14059.00.000
SHEET 1 OF 1
LENG TH
0.55'
19.25'
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14.19'
5.G1'
35.3G'
4.G7'
LORYNE A. SCHAMBER, PLS. 7408
MY LICENSE EXPIRES 12/31/05
The Ke;th comPBn;es/TK.C
19 Technology Drive, Irvine, C4 92618 (949) 92J-6000
\ PROJECTS\ '4059.00\ SURA!AP\ DWG\ S11IEJOO1.DWG
DATE:
..
www.anaheim.net
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
September 30,2004
Mac S. Bhupinder
20021 Ventura Blvd.
Woodland Hills, CA 91364
RE: APN 253-212-01
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 1198 SOUTH
STATE COLLEGE BLVD.
Dear Property Owner:
This notice is sent to you under requirements of Califomia Code of Civil Procedure Section
1245.235. This notice concems a portion of the prope11y located at 1198 South State
College Boulevard in the City of Anaheim, and bearing the Orange County Assessor Parcel
No. 253-212-01. The City of Anaheim has been investigating the acquisition of cel1ain
property for the accommodation of the State College and Ball Road 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.
B. The project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury.
C. The property sought to be acquired is necessary for the project.
D. The offer required by Section 7267.2 of the Govemment 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 State College and Ball Road Intersection Improvement Project, have been adequately
reviewed under Negative Declaration, adopted by City Council on October 28, 2003, a copy
of which can be reviewed at the City Clerk's office, at 200 South Anaheim Boulevard,
P.O. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
FAX (714) 765-5225
01
Page 2
September 30, 2004
Subject: Notice of Intent to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located at 1198 S. State College
Blvd.
Anaheim CA, during normal business hours. This meeting will be held at or about 5:30 p.m.
on October 26, 2004, 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.
The property, which is the subject of this Notice, consists of a fee interest in and temporary
construction easement(s) over a portion of your property. For your information and
convenience, a legal description of the property is attached to this notice as Exhibits A, C,
andD.
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, yo,u may be limited in court to
raising only those issues raised at the resolution of necessity hearing, or in written
correspondence delivered to the City at, or prior to, the hearing on the matter.
The City Council must adopt a resolution of necessity before an eminent domain proceeding
can commence. Within six months after the adoption of 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,
~(d;d~.
talie A. Meeks (
evelopment Services Manager
Attachment
H:\ADMIN\LETTERS\DEVELOPMENT SRVCS\REAL PROPERTY\RON\RPACQ2003-00I 44-Notice of Intent.doc
File
\
CITY OF ANAHEIM, CALIFORNIA
...
~
Department of Public Works
P.O. Box 3222, Anaheim, California 92803
(714) 765-5176 FAX (714) 765-5225 www.anaheim.net
August 13,2004
Bhupinder S. Mac
20021 Ventura Blvd.
Woodland Hills, CA 91364
Re: APN 253-212-01 R/W 2003-00144
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 1198 S. State College Blvd., Anaheim, California
Dear Property Owner:
This letter is being forwarded to you as the owner of record of property located at 1198 S. State College
Blvd., Anaheim, California (property).
The City of Anaheim (City) hereby offers to acquire a portion of your property for a street easement
(property) and a temporary construction easement, as more particularly described in Exhibit "A", Exhibit
"C" and Exhibit "D" attached hereto. This Property is sought by the City for purposes of widening and
beautifying State College Boulevard and Ball Road ("Project").
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 $42,100.00 for all
interests it seeks to acquire in the Property, segregated as follows:
$ 29,400.00
6,700.00
625.00
3,300.00
2,050 00
$ 42,075.00
Street Easement
Improvements
Temporary Construction Easement (Parcel A) (Exhibit "C")
Temporary Construction Easement (parcel B) (Exhibit "C")
Temporary Construction Easement (Exhibit "D")
$ 42,100.00
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 easement interest and payment will be made when the easements vests in the
City.
~~1n~OO1!~~ @@{fDW
The City will pay all usual fees, charges, and costs which arise out of this escrow.
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 eLst:q.; 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 Roger Cunningham at 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 oflaw. If you have any
questions regarding this offer, or wish to request any additional information, you may contact Security
Land.
Very truly yours,
~td~4/,--
taIie Meeks r~
evelopment Services Manager
NM:DBC:RLC:hh
AnaheimlState College & Balll.ol
RXIDRTT "R"
APPRAISAL SUMMARY
Project: State College Boulevard and Ball Rd.
Assessor Parcel Number: 253-212-01
R/W No. 2003-00144
Date of Valuation: July 29,2004
Owner: Bhupinder S. Mac, an Individual
Property Address: 1198 S. State College Blvd., Anaheim, CA
Zone: C-L, Limited Commercial
Present Use: Existing service station with mini-mart and 12 fueling stations
Highest & Best Use: Retention of the existing improvements in place
Total Property Area: 22,500:1: S.F.
Area to be Acquired by City: Street Easement
Temporary Construction Area: Exhibit "c" (12 month period) (Parcel A & B)
Exhibit "D" (12 month period)
700 S.F.
160:1: S.F.
405:1: S.F.
Improvements to be Acquired: See Exhibit "E" of the Summary of the Basis of Detennination of Just Compensation
Summary of Just Compensation:
Street Easement (Exhibit "A")
Improvements
Value of Part Taken
$29,400.00
0,700 00
Severance Damage
Special Benefit
Net Damages
$
-0-
-0-
Temporary Construction Easements:
(Exhibit "C") (12 Months)
(Exhibit "D") (12 Months)
$3,925.00
2,050 00
$5,975.00
Total Just Compensation
$36,100.00
$ -0-
$ 0,000 00
$42,100.00