2004-213
RESOLUTION NO. 2004- 213
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 1168 SOUTH STATE COLLEGE BOULEVARD
FOR THE PURPOSES OF THE STATE COLLEGE BOULEVARD
AND BALL ROAD INTERSECTION IMPROVEMENT PROJECT
(R/W ACQ 2003-00145).
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
atl168 S. 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 Exhibit "A" and "C", 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;
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 97267.2 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 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 99 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 1. 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 Ball Road 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 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 atl168 S. State College
Boulevard, (Assessor Parcel No. 253-212-17). The portions of Property the City seeks to acquire,
and the Property interests sought, consist of the following:
A. Fee simple title to approximately 986 square feet of the Property, as more
specifically described in Exhibit "A" hereto.
B. A temporary construction easement over approximately 275 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 Ball Road 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.
2
The temporary construction easement shall not include the right to store any
materials or park any vehicles which are not incidental to the work to be
performed on site in connection with the Project, nor to block all vehicular
access to the larger parcel of property of which the temporary construction
easement area is a part, nor exercise the uses of the easement outside of the
temporary construction easement area. In connection with the exercise of the
temporary construction easement rights hereunder, City shall protect all
structures on the temporary construction easement area in place, and shall
protect or restore all improvements thereon.
The rights granted hereunder shall commence fourteen (14) days after written
notification to the property owner of the commencement of construction of
the project and shall continue in full force and effect until written notice to
the owner of record that the temporary construction easement is no longer
needed by the City, or twelve (12) months after notice of the initiation of the
temporary construction easement, whichever is earlier. Upon termination of
the temporary construction easement, the temporary construction easement
area shall be restored to a condition that is as functionally equivalent as is
practicable to its condition prior to the commencement of the work,
consistent with the project as designed and as to be constructed.
SECTION III. 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 Ball Road 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 9 7267.2 has been made to the record
owners, by way of letter dated May 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 VII.
To the extent any of the property to be taken herein is devoted to a
3
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 ofN egative 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 fiffil 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 26th day of October ,2004, by the following roll call vote:
AYES:
Mayor Pringle, Council Members Chavez, Hernandez, McCracken
NOES:
None
ABSTAIN:
None
ABSENT:
Council Member Tait
CITzt;~
MA YOR OF T CITY OF ANAHEIM
ATTEST:
~i~A-
ITY C R OF THE CITY OF ANAHEIM
51891. 16
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EXHIBIT 'A'
ACQ2003-00145
APN253-212-17
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 1, AS SHOWN ON A MAP
FILED IN BOOK 47 AT PAGE 13 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL
ROAD, AS SHOWN ON SAID PARCEL MAP;
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 SAID 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, NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY NORTH 00059' 14" EAST 239.88
FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
25.00 FEET;
THENCE, CONTINUING NORTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY AND ALONG SAID
CURVE 39.24 FEET THROUGH A CENTRAL ANGLE OF 89056'22" TO THE SOUTHERLY RIGHT OF
WAY OF ALMONT AVENUE (32' HALF WIDTH) AS SHOWN ON SAID PARCEL MAP;
THENCE, ALONG LAST SAID RIGHT OF WAY SOUTH 89004'24" EAST 0.80 FEET;
THENCE, LEAVING LAST SAID RIGHT OF WAY SOUTH 45019' 14" WEST 35.73 FEET TO AN
ANGLE POINT THEREIN;
THENCE, SOUTH 00017'09" EAST 160.52 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 1210.00 FEET;
THENCE, SOUTHERLY ALONG SAID CURVE 26.89 FEET THROUGH A CENTRAL ANGLE OF
01016'23" 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, SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00059'14" WEST 51.96 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: 986 SQ. FT., MORE OR LESS
V:\ProjeclS\14059.00\surmap\DOC\LEGALS\3041_R W -APN _ 253-212-17 .DOC
Page I of2
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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.
V :\Projects\14059 .00\surmap\DOC\LEGALS\J041-R W -APN _ 253-212-17. DOC
PREPARED BY OR
UNDER THE DIRECTION OF:
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~ LORYNE A.tsCHAMBER: P.L.S. 7408
MY LICENSE EXPIRES 12/31/2005
SEPTEMBER 24, 2003
IN: 14059.00.000
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ACO 2003- 00/15
A.P.N.253-212 -17
SHEET 1 or 1
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BASIS OF BEARINGS
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THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING
BETWEEN OCS HORIZONTAL CONTROl GPS STATION 0125 AND
GPS STATION 30ClCO BEING N 00'5C1'14" E PER RECORDS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR.
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THIS PLAT WAS PREPARED FROM RECORD DATA.
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LINE TABLE
LINE BEARING LENGTH
L1 SBCO'02 '22"[ 53.00 '
L2 SB'i04 '24"[ O.BO'
L3 S45'1'1 '14"W 35.73'
L4 SOO'5"1 '14 "W 51."1CO '
L5 NB'i02 '22"W 4.C07'
LCO N5'i04 '24"W 75.74'
L7 NOO'55 '3CO"[ 32.00'
CURVE TABLE
NO. RADIUS DELTA LENG TH
C1 25.00' 5'1'5CO '22" 3'1.24'
C2 1210.00 o1'1co '23" 2CO.5'1'
P J-\;:~ C E: L -J
?M.B. 47/-13
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THIS EXHIBIT WAS PREPARED
BY .ME OR U ER MY DIRECTION.
La YNE A. SCHAMBER, P.L.S. 7408
MY LICENSE EXPIRES 12/31/05
The Keith companieSITK.C
19 Technology Drive, Irvine, CA 926'8 (949) 92J-6000
P.o.C. (,'. BALL ROAD
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DATE:
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JOB NO. 14059.00.000
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EXHIBIT C.
ACQ2003-00145
APN253-2~2-~7
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 1, AS SHOWN ON A MAP
FILED IN BOOK 47 AT PAGE 13 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, LYING WITH A 1.00 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 SAID PARCEL MAP;
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 SAID PARCEL 1, AS SHOWN ON SAID PARCEL MAP, SOUTH 89002'22" EAST 53.00
FEET TO THE SOUTHWEST CORNER OF SAID PARCEL I, 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, NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY NORTH 00059' 14" EAST 239.88
FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
25.00 FEET;
THENCE, CONTINUING NORTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY AND ALONG SAID
CURVE 39.24 FEET THROUGH A CENTRAL ANGLE OF 89056'22" TO THE SOUTHERLY RIGHT OF
WAY OF ALMONT AVENUE (32' HALF WIDTH) AS SHOWN ON SAID PARCEL MAP;
THENCE, ALONG LAST SAID RIGHT OF WAY SOUTH 89004' 24" EAST 0.80 FEET TO THE POINT
OF BBGINNING;
THENCE, LEAVING LAST SAID RIGHT OF WAY SOUTH 45019' 14" WEST 35.73 FEET TO AN
ANGLE POINT THEREIN;
THENCE, SOUTH 00017 ' 09" EAST 160. 52 FEET TO THE BEG INNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 1210.00 FEET;
THENCE, SOUTHERLY ALONG SAID CURVE 26.89 FEET THROUGH A CENTRAL ANGLE OF
01016'23" 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, SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00059'14" WEST 51.96 FEET TO A
POINT ON SAID SOUTHERLY LINE OF PARCEL 1, LYING SOUTH 89002'22" EAST 4.67 FEET
FROM THE SOUTHWEST CORNER OF SAID PARCEL 1, AS MEASURED ALONG SAID SOUTHERLY
LINE, SAID POINT ALSO BEING THE POINT OF TERMINATION.
CONTAINING: 275 SQ. FT., MORE OR LESS
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED SO AS TO
INTERSECT NORTHERLY IN SAID SOUTHERLY RIGHT OF WAY OF ALMONT AVENUE, SOUTHERLY
IN SAID SOUTHERLY LINE OF PARCEL 1 AND SHALL MEET AT ANGLE POINTS.
V:\Projects\14059.00\surmap\DOC\LEGALS\TCE\3041_ TCE-APN _253-212-17.DOC
Page 1 of2
...... ...
<;I
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.
PREPARED BY OR
, . UND~~~.CFCTION OF:
~ 6----
{~Lb~E A. SCHAMBER, P.L.S. 7408
MY LICENSE EXPIRES 12/31/2005
NOVEMBER 10, 2003
IN: 14059.00.000
V:\ProjeclS\14059.00\surmap\DOC\LEGALS\ TCE\J041- TCE-APN_ 253-212-17 .DOC
Page 20f2
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,?Fa 2003-00/15
"'-'A.P .N.253-212 -17
TEMPORARY CONSTRUCTION EASEMENT
J
ALMONT AVENUE
BASIS Of BEARINGS
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THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING
BETWEEN OCS HORIZONTAL CONTROL GPS STATION 012B AND
GPSSTATION 30% BEING N 00'59'14" E PER RECORDS ON fiLE -.....J
IN THE OffiCE Of THE COUNTY SURVEYOR. ~
THIS PLAT WAS PREPARED fROM RECORD DATA. \
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A.P.N. 253-212-17
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LINE TABLE
LINE BEARING
L1 SBG'02 '22"E
L2 S8'104 '24"E
L3 S45'19'14"W
L4 SOO'59'14"W
L5 NB9'02 '22"W
LG NB'104 '24"W
L 7 NOO'55 '3G"E
LENG TH
53.00 '
0.80'
35.73'
51.9G'
4.G7'
78.74'
32.00'
NO.
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LENGTH
39.24 '
LORYNE A. SCHAMBER, P.L.S. 7408
MY LICENSE EXPIRES 12/31/05
The Ke;th compan;eSI-n<.c
79 Technology Drive. Irvine, CA 92678 (949) 92J-6ooo
P.o~ ct BALL ROAD
\PROJECTS\ J 4059.00\ SURMAf'\ DWG\ SYl./EJOI l.aWG
DATE:
11/10/03
JOB NO. 14059.00.000
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www.anaheim.net
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
September 13,2004
Ms. Joanna R. Torres
1168 S. State College Blvd.
Anaheim, CA 92806
RE: APN 253-212-17
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 1168 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 concerns a portion of the property located at 1168 South State
College Boulevard in the City of Anaheim, and bearing the Orange County Assessor Parcel
No. 253-212-17. The City of Anaheim has been investigating the acquisition of certain
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 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 State College and Ball Road Intersection Improvement Project, have been adequately
reviewed under Negative Declaration, adopted by City Council on September 3,2003, 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
, t.
Page 2
September 10,2004
Subject: Notice of Intent to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located at 1168 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 a temporary
construction easement 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 and
C.
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 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,
talie A. Meeks
Development Services Manager
Attachment
H:\ADMIN\LETTERS\DEVELOPMENT SRVCS\REAL PROPER TY\RON\RP ACQ2003-00 I 45-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
May 13, 2004
Ms. Joanna R. Torres
1168 S. State College Blvd.
Anaheim, CA 92806
Re: APN: 253-212-17 R/W :2003-00145
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 1168 S. State College Blvd., Anaheim, California
Dear Property Owner:
This letter is being forwarded to you as the owner ofrecord of property located at 1168 S. State College,
Anaheim, California.
The City of Anaheim (City) hereby offers to acquire a portion of your property and a temporary
construction easement, and more particularly described in Exhibit "A" and Exhibit "C" attached hereto
(Property). 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" (Appraisal Summary Statement) which 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 $40,000.00 for all interests it seeks to acquire in the Property, segregated as follows:
$ 29,600.00
9,')0000
39,100.00
Land
Improvements
Total
39,000.00
Rounded
1,000.00
-0-
-0-
Temporary Construction Easement Areas
Benefits to the Remainder
Severance Damages
$ 40,000.00
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.
t
This offer is for title to the fee simple interest in the Property. Payment will be made when the title to the
Property vests in the City free and clear of all recorded or unrecorded liens, encumbrances, assessments,
leases and taxes, except:
1. Taxes for the year in which the Property is purchased, which shall be cleared and paid in
the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the
time escrow for the purchase closes;
2. Covenants, conditions, restrictions and reservations of record, that do not interfere with the
City's proposed use of the Property;
3. Easements or rights-of-way over the land for public or quasi-public utility or public street
purposes, if any; and
4. 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.
The existing landscaping and hardscaping improvements located within the identified area of the Temporary
Construction, Exhibit "C" will be replaced in kind by the City's construction contractor at the City's expense.
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 code
section with the claim form is attached as Exhibit "D". 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.
f
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,
~
NM:DBC:RLC:rb
Anaheim\Slate College & 8011I.253-212-1701
Altachment I
APPRAISAL SUMMARY STATEMENT
Basis of Appraisal. The market value for the property to be acquired is based upon an
appraisal prepared in accordance with accepted appraisal principals and procedures.
Recent sales of comparable properties, income data, and depreciated replacement costs
are utilized, as appropriate. Full consideration is given to zoning, development potential,
and the income the property is capable of producing.
OWNER:
Joanna R. Torres
R/W Parcel 00 145
SUBJECT PROPERTY ADDRESS:
1168 S. State College Blvd.
Anaheim, CA.
ASSESSOR'S PARCEL NUMBER:
253-212-17
PRESENT USE:
Existing
building
restaurant/club
HIGHEST AND BEST USE:
Retention of the existing
improvements in place.
TOTAL PROPERTY AREA (Sq. Ft.):
PROPERTY CONSIDERED FOR ACQUISITION:
56,541 s.t.
Partial Taking
BASIC PROPERTY DATA
INTEREST VALUED:
Fee Simple Estate and Temporary
Construction Easements
AREA TO BE ACQUIRED:
986 s.f., fee taking
DA TE OF V ALUA TION:
May 7, 2004
APPLICABLE ZONING:
C-L, Limited Commercial
IMPROVEMENTS:
16,744 s.f. restaurant
building; 30% FAR and
paved parking area.
PHYSICAL LIMITATIONS:
n/a
PRINCIPAL TRANSACTIONS:
See Attached, Sales L-l
through L-6 and Improved
Sales I through 7.
SALES COMPARISON ANALYSIS:
Attached, Exhibits A and B
REPLACEMENT COST ANALYSIS:
nla
CAPITALIZATION ANALYSIS:
Attached, Exhibit C
MARKET VALUE OF REQUIRED PROPERTY
LAND AND IMPROVEMENTS:
$2,000,000, Larger Parcel
$ 29,600, Land
$ 9,500, Site Imps.
$ 1,000, TCE
TOTAL JUST COMPENSATION FOR
ACQUISITION:
$
40,000, Exhibit "D"
APPRAISAL FIRM:
Donahue & Company, Inc.
DEFINITION OF FAIR MARKET VALUE
(See Code of Civil Procedure 1263.320, a & b)
(a) The fair market value of the property taken is the highest price on the date
of valuation that would be agreed to by a seller, being willing to sell but
under no particular or urgent necessity for so doing, nor obliged to sell,
and a buyer, being ready, willing and able to buy but under no particular
necessity for so doing, each dealing with the other with full knowledge of
all the uses and purposes for which the property is reasonably adaptable
and available.
(b) The fair market value of the property taken for which there is no relevant
market is its value on the date of valuation as determined by any method
of valuation that is just and equitable.