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2004-214 RESOLUTION NO. 2004- 214 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1210 SOUTH STATE COLLEGE BOULEVARD FOR THE PURPOSES OF THE STATE COLLEGE BOULEVARD AND BALL ROAD INTERSECTION IMPROVEMENT PROJECT (R/W ACQ 2003-00147). WHEREAS, the City of Anaheim has been investigating the acquisition of property located at 1210 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 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 ~ 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 1210 South State College Boulevard, (Assessor Parcel No. 253-141-19). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. Fee simple title to approximately 1056 square feet of the Property, as more specifically described in Exhibit "A" hereto. B. A temporary construction easement over approximately 224 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 the temporary construction easement area or the larger parcel to which it 2 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. C. A temporary, nonexclusive, transferable construction easement to permit the City or its contractors to enter onto the area more specifically described in the legal description attached hereto as Exhibit "D", for the purposes of modifying, reconstructing, relocating or otherwise reconfiguring landings, stairways, and doorway for the purpose of clearing rights of way for the Project, and providing pedestrian access to the building located on the property of which the area described in Exhibit "D" is a part, and to accommodate the public improvements contemplated under the State College Boulevard and Ball Road Intersection Improvement Project. The temporary construction easement permits the City of Anaheim, its officers, agents, employees and contractors, and any transferee of the easement rights acquired hereunder, to enter upon, occupy, and pass over the temporary construction easement area, as reasonably necessary for all purposes stated herein. The temporary construction easement includes the right to perform any necessary excavation, grading, earth fill, compaction, installation of concrete forms, landscaping, irrigation, sign relocation, accommodation of private drainage facilities, deposit of tools, equipment and material for all such necessary activities reasonably incidental to the work being performed. The rights granted hereunder 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 3 effect until thirty (30) days thereafter, at which point it shall expire. SECTION ill. 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 land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The property to be taken for the project is necessitated and established by the street alignment in an effort to minimize any disproportionate burden or impact of the required property being taken from individual property owners. The project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening, undergrounding of utilities, and upgrading parkway landscaping, along with drainage improvements. This will enhance the utility of the area and help improve traffic circulation. SECTION V. The Property is necessary for the proposed Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. SECTION VI. The offer required by Government Code ~ 7267.2 has been made to the record owners, by way of letter dated June 24, 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 4 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 ABSENT: Council Member Tait ABSTAIN: None By MAYOR OF THE F ANAHEIM A~dJ~~ CITY C~ RK{OF THE CITY OF ANAHEIM 51891.17 51891.17\cflynn\November 6. 2003 5 c=) EXHIBIT 'A' ACQ2 0 0 3 -oolLt 1 APN253-141-19 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 117 AT PAGES 19 THROUGH 20, INCLUSIVE 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 MAP; THENCE, SOUTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD (SHOWN AS BEING N 00014'58" W ON SAID MAP), SOUTH 00038'16" WEST 203.00 FEET; THENCE, LEAVING SAID CENTERLINE ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PARCEL 1 AS 'SHOWN ON SAID MAP, SOUTH 89002' 22" EAST 53,.00 FEET TO THE NORTHWEST 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, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY SOUTH 00038'16" WEST 223.57 FEET TO THE CUSP OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1190.00 FEET; THENCE, LEAVING SAID RIGHT OF WAY NORTHERLY ALONG SAID CURVE 26.44 FEET THROUGH A CENTRAL ANGLE OF 01016'23"; THENCE, NORTH 01054'39" EAST 48.51 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1210.00 FEET; THENCE, ALONG SAID CURVE 11.19 FEET THROUGH A CENTRAL ANGLE OF 00031'48" TO THE BEGINNING OF A COMPOUND CURVE HAVING A RADIUS OF 1210.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88037'09" EAST; THENCE, ALONG LAST SAID CURVE 61.41 FEET THROUGH A CENTRAL ANGLE OF 06030'57"; THENCE, NORTH 07053'48" EAST 50.14 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 310.00 FEET; THENCE, ALONG SAID CURVE 26.51 FEET THROUGH A CENTRAL ANGLE OF 04053'56" TO THE NORTHERLY LINE OF SAID PARCEL 1, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 87000'08" EAST; THENCE, WESTERLY ALONG SAID NORTHERLY LINE NORTH 89002'22" WEST 14.41 FEET TO THE POINT OF BEGINNING. CONTAINING: 1,056 SQ. FT., MORE OR LESS V:\Projecls\14059.00\surmap\DOC\LEGALS\3041-RW-APN_253-141-I').DOC Page lof2 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. OCTOBER 28, 2003 IN: 14059.00.000 V:\Projecls\l4059.00\surmap\DOC\LEGALS\3041-RW -APN_253-141-19.DOC Page 20f2 EXHIBIT 'B' ACO 2003-0QJ.~1 A.P.N. 253-141-1<:1 -k-- - p ~ "-- ct BALL ROAD I P.O.C. - o q I') ~Io :;: N : :;: 10- lOi.9 ~r '" :-' 10 ~ol') OL 0 b o <[ 61U1 > I.1.J ---I ~ o co I.1.J C) I.1.J ---I ---I o (.) I.1.J I- <[ I- U) :;: "- Ol l-' Z f= UI 5, [() ~ o Il... :-.. >--~ !. \ \,\ /(3' C) < ~'\ (/) ~ ~~. ,~~) . \ ~\ , ~) ((' ~'\ ((' (<0 ~ :-..(~)' h \,1 .,,\' ,~. ,,*, h ,:' q/ <.() (' (/ -:) L4 " '- 587'00 '08"E (RAD) ------- P AF!CEL -J P,M.B, "]-17'!-19-20 = :1:1.05(0 SQ. fT. - ~ <C! I') I~ R [A. ER, P.L.S. 7408 MY LICENSE EXPIRES 12/31/05 ,I...................?...., . ._.._ __I _.._...... - -- BASIS or BEARINGS SHEET 1 OF 1 THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN OCS HORIZONTAL CONTROL GPS STATION 0128 AND GPS STATION 30gG BEING N 00'5"1'14" E PER RECORDS ON FILE IN THE OFFICE or mE COUNTY SURVEYOR. ( ) = RECORD DATA PER P.M.B. 117/1"1-20 THIS PLAT WAS PREPARED fROM RECORD DATA. PAF!CEL 2 lJ) i? r- !"'.1 LINE TABLE LINE BEARING L 1 S8cr02 '22"E L2 N01"54 '3g"E L3 N07"53 '4B"E L4 N8crOZ 'ZZ"W L5 N8cr21'44"E - II 0'1 a CURVE TABLE NO. RADIUS DEL T A C1 11"10.00' 01'1G'23" cz 1210.00' 00'31'48" C3 540.00' OG'30 '57" C4 310.00' 04'53'SCO" ~ I LENG TH 53.00' 48.51' 50.14' 14.41' 53.00' LENGTH 2G.44 . 11.1"1' G1.41' 2G.51 ' The Keith comPBo,eSfT'KC 19 Technology Drive, Irvine, CA 92618 (949) 92J-6OOO " \\ II EXHIBIT C ACQ2003-00147 APN253-141-19 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 I, AS SHOWN ON A MAP FILED IN BOOK 117 AT PAGES 19 THROUGH 20, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITH A 1.00 WIDE STRIP, THE WESTERLY 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 MAP; THENCE, SOUTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD (SHOWN AS BEING N 00014'58" W ON SAID MAP), SOUTH 00038'16" WEST 203.00 FEET; THENCE, LEAVING SAID CENTERLINE ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PARCEL 1 AS SHOWN ON SAID MAP, SOUTH 89002'22" EAST 53.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHQWN ON SAID PARCEL MAP; THENCE, SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY SOUTH 00038'16" WEST 223.57 FEET TO THE CUSP OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1190.00 FEET, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, LEAVING SAID RIGHT OF WAY NORTHERLY ALONG SAID CURVE 26.44 FEET THROUGH A CENTRAL ANGLE OF 01016' 23"; THENCE, NORTH 01054'39" EAST 48.51 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1210.00 FEET; THENCE, ALONG SAID CURVE 11.19 FEET THROUGH A CENTRAL ANGLE OF 00031'48" TO THE BEGINNING OF A COMPOUND CURVE HAVING A RADIUS OF 1210.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88037'09" EAST; THENCE, ALONG LAST SAID CURVE 61.41 FEET THROUGH A CENTRAL ANGLE OF 06030'57"; THENCE, NORTH 0?D53' 48" EAST 50.14 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 310.00 FEET; THENCE, ALONG SAID CURVE 26.51 FEET THROUGH A CENTRAL ANGLE OF 04053'56" TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, LYING SOUTH 89002'22" EAST 14.41 FEET FROM THE NORTHWEST CORNER THEREOF, AS MEASURED ALONG LAST SAID NORTHERLY LINE, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 87000' 08" EAST, dAID POINT ALSO BEING THE POINT OF TERMINATION. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED SO AS TO INTERSECT NORTHERLY IN SAID NORTHERLY LINE OF PARCEL 1, SOUTHERLY IN A LINE DRAWN AT RIGHT ANGLE THROUGH SAID POINT OF BEGINNING AND SHALL MEET AT ANGLE POINTS. CONTAINING: 224 SQ. FT., MORE OR LESS V:\Proiecls\l4059.00\.~urman\n()r\l r:r.A I C;:\Trr.\1Od I.Trr..APN "1.1 A I 1 n nnr On.......... 1 .....1"" " ,. ~ 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 UNDER THE DIRECTION OF: ~~~B~R' P.L.S. 7408 MY LICENSE EXPIRES 12/31/2005 MARCH 26, 2004 IN: 14059.00.000 V:\Projects\14059.00\sunnap\DOC\LEGALS\TCE\3041-TCE_APN_253-141-19.DOC Page 2 of2 .,.",,..,,, f. ) L 0 0 !') ~ 0 3: N to 3: !O ~ '<t r- Db to !') OLO b <(~ 0 UI > lLJ --.J =:) 0 co L1 lLJ 0 lLJ --.J --.J 0 <..) lLJ i- I- <( i- ~ <0 U) !') N N ~ ~ ~ r- to !') b 0 UI lL5 \,,-_>>1 EXHIBIT 'B' ACQ 2003-00147 A.P.N. 253-141-19 TEMPORARY CONSTRUCTION EASEMENT -\ - (;. '- ~ BALL ROAD P.O.C. 3: "- 01: ~ z i= UI X w " ""~ <'- \ ,,\ ,(()'" C) <~" (/) ~ -0~. ~) \ ~I ~) ((~\~" (<" ) C) -0 (;.) , (~ " . i', 'I" .,,\' .\. ~ [<I ':' r)/ (. (J (' <'/ -:) L4 P.D.T. ~7"00'08"E (RAD) <or L.) p A~:CEI_ -J r.M.B. "I"/7/YJ-20 - r-. If) !') N N t<) -.J A.P.N. 253-141-1Cf = !:224 SQ. FT. SB8' 3 7 '09'UPRfl. LO~ E A. SCHAMBER. P.L.S. 7408 MY LICENSE EXPIRES 12/31/05 BASIS OF BEARINGS SHEET 1 OF 1 THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN OCS HORIZONTAL CONTROL GPS STATION 0128 AND GPS STATION 309G BEING N 00'59'14" E PER RECORDS ON fiLE IN THE OFFICE OF THE COUNTY SURVEYOR. ( ) = RECORD DATA PER P.M.B. 117/19-20 THIS PLAT WAS PREPARED FROM RECORD DATA. p j.\ :=~ eEL 2 l.t) Q r- !":1 LINE TABLE LINE BEARING L1 S89"02 '22"E L2 N01'54 '39"E L3 N07"53 '48"[ L4 S89"02 '22"E L5 N8Cf21'44"E P.O.B. THIS E1IBIT WAS PR PARED BY ME OR UNDE .MY DIRECTION. . ) ~- - II 0) a CURVE TABLE NO. RADIUS DEL T A C1 1190.00' 01'1(0'23" C2 1210.00' 00'31'48" C3 540.00' OG'30'57'" C4 310.00' 04'53'5G" ~ I LENGTH 53.00' 48.51' 50.14' 14.41 ' 53.00' LENG TH 2(0.44 ' 11.19 ' G1.41' 2G.51' The Keith comPBnieSI~C 19 Technology Drive, ltvine, CA 926'8 .f949} 92J-6000 " . .-~\ ,._.~I \ '..-j EXHIBIT "D" ACQ2003-00147 APN253-141-19 TEMPORARY CONSTRUCTION EASEMENTS FOR DOOR RELOCATION 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 117 AT PAGES 19 THROUGH 20, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCBL 1 COMMENCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL ROAD, AS SHOWN ON SAID MAP; THENCE, SOUTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD (SHOWN AS BEING N 00014'58" W ON SAID MAP), SOUTH 00038'16" WEST 203.00 FEET; THENCE, LEAVING SAID CENTERLINE ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PARCEL 1 AS SHOWN ON SAID MAP, SOUTH 89002' 22" EAST 5~. 00 FEET TO THE NORTHWEST 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 00038' 16" WEST 223.57 FEET TO THE CUSP OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1190.00 FEET; THENCE, LEAVING SAID RIGHT OF WAY NORTHERLY ALONG SAID CURVE 26.44 FEET THROUGH A CENTRAL ANGLE OF 01016' 23" ; THENCE, NORTH 01054'39" EAST 48.51 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1210.00 FEET; THENCE, ALONG SAID CURVE 11.19 FEET THROUGH A CENTRAL ANGLE OF 00031'48" TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 540.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88037'09" EAST; THENCE, ALONG LAST SAID CURVE 16.60 FEET THROUGH A CENTRAL ANGLE OF 01045'39" TO THE POINT OF BEGINNING; THENCE, RADIAL TO LAST SAID CURVE SOUTH 86051'29" EAST 7.81 FEET; THENCE, NORTH 00038'16" EAST 23.00 FEET; THENCE, ALONG A RADIAL LINE NORTH 89023' 26" WEST 6.31 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF LAST SAID CURVE, SAID POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE, SOUTHERLY ALONG SAID PROLONGED CURVE 23.26 FEET THROUGH A CENTRAL ANGLE OF 02028'03" TO THE POINT OF BEGINNING. CONTAINING: 165 SQ. FT., MORE OR LESS V:\Projects\l4059.00\sunnap\DOC\LEGALS\TC'E\SIGN_RELOC' A TIONS\3041- TC'E-DOOR.AI'N _ 253-141-19.DOC Page I of2 Q .. PARCBL 2 BBGINNING AT THE HEREINABOVE DESCRIBED POINT 'A'. SAID POINT BEING ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 540.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE 21.56 FEET THROUGH A CENTRAL ANGLE OF 02017'14"; THENCE, NORTH 07053'48" EAST 2.84 FEET TO THE TRUE POINT OF BBGINNING; THENCE, SOUTH 89021'44' EAST 5.59 FEET; THENCE, NORTH 02012'37" EAST 19.44 FEET; THENCE, SOUTH 89029' 14" EAST 5.43 FEET; THENCE, NORTH 07053' 48" EAST 26.55 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 319.00 FEET; THENCE, ALONG SAID CURVE 13.42 FEET THROUGH A CENTRAL ANGLE OF 02024'35"; THENCE, ALONG A RADIAL LINE NORTH 84030'47" WEST 9.00 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 310.00 FEET; THENCE, SOUTHERLY ALONG LAST SAID CURVE 13.04 FEET THROUGH A CENTRAL ANGLE OF 02024'35"; THENCE, SOUTH 07053'48" WEST 47.30 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 453 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. PREPARED BY OR UNDER THE DIRECTION OF: MARCH 29, 2004 IN: 14059.00.000 V:\Projecls\14059.00\surmap\DOC\LEGALS\TCE\SIGN-RELOCA TIONS\3041- TCE-DOOR-APN _ 253-141-19.DOC Page 2 0[2 . . . '- o q I") ---0 ~ N : :;: cO: IO~ ';q.!"" D :-- cO 01") Ol 0 b <( b ~ > LU --.J =:) o co LU C) LU --.J --.J o <-) LU I- <( I- to ~ ~ ~ !"" cO I") b o to SHEET 1 OF 1 EXHIBIT '8' ACQ 2003-00147 A.P.N. 253-141-1ct TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION E DOOR RELOCATION 'I , -\ - r.-. '-- 'r. BALL ROAD P.O.C. ~ "- lit: ~ z i= to X LLI 1'1 ~~ I. \ ' (Q C) <~" (~) ~ ~~, ,l~) _ \ ~\ ~ ~C) ((, "~" ((' o ~ (', () ':-.. <') ~ 1'\ \,\ ~\' ,~. ~~ ~~I '\ fy <:(j (' t,I ~) ~7'OO'08"[ (RAD) P,M,B, -J-J7 /-J9~20 T.P.O. . L7 A.P.N. 253-141-1C1 1_ PT ~ cO I") N N V> SQ. FT. ~ r- P.1 lU3 THIS EXHIBIT WAS PR PARED BY E OR UNDER MY DIRECTION. , LOR}7NE A. I,4MBER, P.L.S. 7408 MY LICENSE EXPIRES 12/31/05 ",\ nn",,..,.-rr\ . ~"J:"n ",,\ .....n...n\ "'...", ........,...I>...~ ....._ FT. BASIS OF B[ARINGS TH[ 8[ARINGS SHOWN HEREON ARE 8ASED UPON THE BEARING BETWEEN OCS HORIZONTAL CONTROL GPS STATION 0128 AND GPS STATION 309(0 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. 117/19-20 PAF~CEL 2 LINE TABLE LINE BEARING LENG TH L1 S89"02 '22"E 53.00 ' L2 N01"54 '39"[ 48.51 ' L3 58(0'51'29"[ 7.81' L4 NOO'38 '1(o"E 23.00' L5 N89"23 '2(o"W (0.31' L(o N07"53 '48"E 2.84' L7 589"21 '44"E 5.59' L8 N02'12 '37"E 19.44 ' L9 589"29 '14"E 5.43' L10 N07'53 '48''[ 2(0.55 ' L11 N84'30'47"W 9.00' L12 589"02 '22"E 14.41' L13 N89"21'44"E 53.00 ' L14 S07'53 '48"W 47.30' CURVE TABLE NO. RADIUS DELTA LENG TH C1 1190.00' 01"1(0 '23" 2(0.44 ' C2 1210.00' 00'31'48" 11.19' C3 540.00' 01"45'39" 1(0.(00 ' C4 540.00' 02'17'14" 21.5(0' C5 319.00' 02'24 '35" 13.42 ' ceo 310.00' 02'2'1'22" 13.47' C7 310.00' 02'24 '35" 13.04' C8 540.00' 02'28 '03" 23.2(0 , - " 0'1 a ~ I The Ke;th comp9n;eSITK..C 19 TflChnology Drive, Irvine. CA 92618 (949) 92J-6000 - - .I....... ,_ . '\ , . www.anaheim.net City of Anaheim DEPARTMENT OF PUBLIC WORKS September 13,2004 Dennis Yue and Theresa Yue, Trustees 1000 Amalfi Drive Pacific Palisades, CA 90272-4028 RE: APN 253-141-19 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 1210 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 proper1y located at 1210 South State College Boulevard in the City of Anaheim, and bearing the Orange County Assessor Parcel No. 253-141-19. The City of Anaheim has been investigating the acquisition of cer1ain 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 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 Page 2 September 10, 2004 Subject: Notice of Intent to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located at 1210 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, 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, you may be limited in com1 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, v~~~. atalie A. Meeks r ~. - Development Services Manager Attachment H:\ADMIN\LETTERS\DEVELOPMENT SRVCS\REAL PROPERTY\RON\RPACQ2003-00l47-Notice of Intent.doc File J \. ~ 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 June 24, 2004 Mr. Dennis Vue and Therese Yue, Trustees 1000 Amalfi Drive Pacific Palisades, CA 90272-4028 Re: APN: 253-141-19; R/W 2002-00147 Offer for Acquisition by The City of Anaheim of Portions of Property Located at 1210 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 12 10 S. State College Blvd., Anaheim, California (Property). 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" ,"C" and "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 $37,615.00 for all interests it seeks to acquire in the Property, segregated as follows: $ 3 1 ,680.00 2,750.00 3,035.00 15000 $ 37,615.00 Land Improvements Temporary Construction Easement Areas Severance 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. It is the City's intent to relocate the side door of the Star Liquor Market on State College to a mutually agreeable location south of it's current position. This work should not exceed 30 days, and the city is prepared to compensate the property owner in the amount of $3,750 for each month for less rent. This payment will be dependent upon the tenant cooperation and releasing the city from any claim or damages. 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: M'iP'~ ~@llD)f ~lm~lro u @ ~ 1. 1 ~ t:.>>>;l '<~f 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 alI usual fees, charges, and costs which arise out of this escrow. This offer is subject to, and contingent upon, acceptable soil conditions of the property, and the absence trom the property of toxic or hazardous substances and any other kind of soil or water contamination, delivery of a disclosure statement regarding such conditions, grant of a right of entry to the City of Anaheim for the purpose of conducting a soils, toxic and hazardous substances investigation of the subject property and to City Council approval. This offer is subject to modification depending on the results of such an investigation. In addition to the compensation for the fair market value of the Property, you may also be entitled to relocation assistance pursuant to State Relocation Assistance Law (California Government Code Sections 7260 eLseq..; Relocation Assistance and Real Property Acquisition Guidelines, California Administrative Code Title 25), or local relocation guidelines. Relocation assistance is not a part of this offer. If you would like to inquire further regarding your eligibility for relocation assistance on this matter please contact our consultant, Security Land & Right of Way Services, Inc. at (562) 988-9285. Please be advised that California Code of Civil Procedure Section 1263.5 10 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 goodwilI should be evaluated as a part of this offer, it will do so. Such an evaluation wilI 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 wilI 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, ~.~/U~~~4_ Nl:e:eeks r-- Development Services Manager NM:DBC:RLC:hh Attachment I SUMMARY OF THE BASIS OF DETERMINATION OF JUST COMPENSATION 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: Dennis and Therese Yue, Trustees R/W Parcel 00147 SUBJECT PROPERTY ADDRESS: 1210 S. State College Blvd. Anaheim, CA. ASSESSOR'S PARCEL NUMBER: 253- I 41-19 PRESENT USE: Existing strip retail commercial building HIGHEST AND BEST USE: Retention of the existing improvements in place. TOTAL PROPERTY AREA (Sq. Ft.): 60,548 s.f. PROPERTY CONSIDERED FOR ACQUISITION: Partial Taking BASIC PROPERTY DATA INTEREST VALUED: Fee Simple Estate and Temporary Construction Easements AREA TO BE ACQUIRED: 1,056 s.f., fee taking DA TE OF V ALUA TION: June 7, 2004 APPLICABLE ZONING: C-L, Limited Commercial IMPROVEMENTS: l6,397 s.f. retail building; 27% FAR and paved parking area. PHYSICAL LIMITATIONS: n/a PRINCIPAL TRANSACTIONS: See Attached, Sales L-l through L-6 and Improved Sales 1 through 7. SALES COMPARISON ANALYSIS: Attached, Exhibits A and B REPLACEMENT COST ANALYSIS: n/a CAPITALIZATION ANALYSIS: Attached, Exhibit C MARKET VALUE OF REQUIRED PROPERTY LAND AND IMPROVEMENTS: $2,325,000, Larger Parcel $ 31,680, Land Taken $ 2,750, Site Imps. $ 3,035, TCE *$ 3,750, monthly Cost to Cure Damages: $ 150 *Estimated rent loss, monthly, to be realized at the time of the door relocation construction project. TOTAL JUST COMPENSATION FOR ACQUISITION: $ 37,615, Exhibit "D" Plus: Rent Loss Monthly to be Determined during construction 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. COUNCIL AGENDA REPORT SEPTEMBER 28, 2004 TO: CITY MANAGER/CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT 1. SUBJECT/TITLE: RESOLUTION OF THE CITY COUNCIL FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED AT 1210 SOUTH STATE COLLEGE BOULEVARD (RIW ACQ2003-00147) 2. REPRESENTATIVE FOR COUNCIL MEETING: Name: Gary Johnson Extension 4530 Mail Stop 276 3. RESPONSIBLE PERSON FOR CONTRACT ADMINISTRA TION/INSURANCE: Name: Ron Pickett Extension 5186 Mail Stop 276 4. SUPPORT DOCUMENTS INCLUDED: CONTRACTIAGREEMENT (orig.+ 3 unsigned copies) RESOLUTION X (orig. and 1 copy) ORDINANCE (1 orig. and 1 copy) OTHER (Specify) 5. SPECIAL INSTRUCTIONS: