2004-216
RESOLUTION NO. 2004- 216
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 1189 SOUTH STATE COLLEGE BOULEVARD
FOR THE PURPOSES OF THE STATE COLLEGE BOULEVARD
AND BALL ROAD INTERSECTION IMPROVEMENT PROJECT
(RIW ACQ 2003-00152).
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
at 1189 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", "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 9 7267.2 had been given to
the owners of record;
and whether the City had properly exercised all of its statutory responsibilities and duties antecedent
to the exercise of eminent domain against the Property including review under CEQA; and
WHEREAS, the City Council, as a result of such hearing, has determined that the public
health, safety and welfare require that the City acquire the Property more particularly described
herein ("Property"), for the purposes of the 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 II. The Property to be acquired is located within the City atll89 S. State College
Boulevard, (Assessor Parcel No. 234-063-35). The portions of Property the City seeks to acquire,
and the Property interests sought, consist of the following:
A. Fee simple title to approximately 532 square feet of the Property, as more
specifically described in Exhibit "A" hereto.
B. A temporary construction easement over approximately 150 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 penl1its 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 oftools,
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 aU 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 shaH
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 ofthe initiation ofthe
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, non-exclusive construction easement to permit the City, and/or
its contractors, to enter onto the area m ore specifically described in the legal
description attached hereto as Exhibit "D" for the purpose 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 herein. The temporary Sign Construction/relocation easement
includes the right to temporarily bring or store equipment, material 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 the temporary Sign
Construction/ Relocation easement and shall continue in full force and effect
until written notice is given by City to the owner or occupant of the easement
area, or for a period of twelve (12) months after notice of initiation of the
easement, whichever is earlier.
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 wi]) require continuity in
3
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 ofletter dated July 22,2004. Staffhas attempted to negotiate with the record owners
subsequent to this offer, but such negotiations have not proved successful in securing the necessary
property interests outside of more formal proceedings.
SECTION VII. To the extent any of the property to be taken herein is devoted to a
public use, the City finds that the proposed use for the Project is compatible with, or more necessary
to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil
Procedure 99 1240.510 and 1240.610.
SECTION VIII. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification of 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.
4
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
CITY ~rM
MAYOR OF THE
ATTEST:
~iJ!~
CITY CL KOTHE CITY OF ANAHEIM
51891.168
5
F ANAHEIM
"
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EXHIBIT 'A'
ACQ2003-00'52.
APN234-063-35
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 193, OF TRACT NO_ 6409 AS
SHOWN ON A MAP FILED IN BOOK 241 AT PAGES 25 THROUGH 29 OF MISCELLANEOUS 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 TRACT MAP;
THENCE, NORTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD NORTH
00059'14" EAST (SHOWN AS BEING NOoo05'09"E ON SAID TRACT MAP), 203.00 FEET;
THENCE, LEAVING SAID CENTERLINE WESTERLY ALONG THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF SAID LOT 193, AS SHOWN ON SAID TRACT MAP NORTH 89009'26" WEST
53.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 193, SAID POINT ALSO BEING ON THE
WESTERLY RIGHT OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHOWN
ON SAID TRACT MAP, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE, NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY NORTH 00059' 14" EAST 150.00
FEET TO THE NORTHERLY LINE OF SAID LOT 193;
THENCE, LEAVING SAID RIGHT OF WAY WESTERLY ALONG SAID NORTHERLY LINE NORTH
89009'26" WEST 2.20 FEET;
THENCE, SOUTH 02015'37" WEST 71.04 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 1208.75 FEET;
THENCE, SOUTHERLY ALONG SAID CURVE 26.86 FEET THROUGH A CENTRAL ANGLE OF
01016'23" TO A LINE BEING PARALLEL WITH AND 4.08 FEET WESTERLY OF SAID WESTERLY
RIGHT OF WAY OF STATE COLLEGE BOULEVARD;
THENCE, SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00059'14" WEST 52.13 FEET TO
THE SOUTHERLY LINE OF SAID LOT 193;
THENCE, EASTERLY ALONG SAID SOUTHERLY LINE SOUTH 89009'26" EAST 4.08 FEET TO THE
PO:rNT OF BEG:rNNING.
CONTAINING: 532 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
.~E DI~ON OF:
~~SC~408
MY LICENSE EXPIRES 12/31/2005
OCTOBER 28, 2003
JN : 14059 _ 00 . 000
V :\Projecls\14059.00\surmap\DOaLEGALS\3041_R W -APN_234-063-35 .DOC
Page 1 of 1
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EXHIBIT 'B'
ACQ 2003-.00.l52
A.P.N.234-0<03-35
53.00 '
N89"09 '2<0 "W
P/L PROD
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED UPON THE
BEARING BETWEEN OCS HORIZONTAL CONTROL GPS STATION
0128 AND GPS S T A TION 309<0 BEING N 00'5cf14" E PER
RECORDS ON fiLE IN THE OffiCE Of THE COUNTY
SURVEYOR.
THIS PLAT WAS PREPARED fROM RECORD DATA.
-
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THIS EXHIBIT WAS PREPARED
B ME OR UNDER MY DIRECTION.
LORYNE A. SCHAMBER, P.L.S. 7408
MY LICENSE EXPIRES 12/31/05
The Keith compsnieslTK.C
'9 Technology Driwt, Irvine, CA 926'8 (949) 92:1-6000
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EXHIBIT \. C "
ACQ2003-00152
APN234-063-35
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 193, OF TRACT NO. 6409 AS
SHOWN ON A MAP FILED IN BOOK 241 AT PAGES 25 THROUGH 29 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITH A 1.00 WIDE
STRIP, THE EASTERLY SIDELINS 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 TRACT MAP;
THENCE, NORTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD NORTH
00059'14" EAST (SHOWN AS BEING N00005'09"E ON SAID TRACT MAP), 203.00 FEET;
THENCE, LEAVING SAID CENTERLINE WESTERLY ALONG THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF SAID LOT 193, AS SHOWN ON SAID TRACT MAP NORTH 89009'26" WEST
53.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 193, SAID POINT ALSO BEING ON THE
WESTERLY RIGHT OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHOWN
ON SAID TRACT MAP;
THENCE, NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY NORTH 00059'14" EAST 150.00
FEET TO THE NORTHERLY LINE OF SAID LOT 193;
THENCE, LEAVING SAID RIGHT OF WAY WESTERLY ALONG SAID NORTHERLY LINE NORTH
89009'26" WEST 2.20 FEET TO THE POINT OF BEGINNING;
THENCE, SOUTH 02015' 37" WEST 71.04 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 1208.75 FEET;
THENCE, SOUTHERLY ALONG SAID CURVE 26.86 FEET THROUGH A CENTRAL ANGLE OF
01016'23" TO A LINE BEING PARALLEL WITH AND 4.08 FEET WESTERLY OF SAID WESTERLY
RIGHT OF WAY OF STATE COLLEGE BOULEVARD;
THENCE, SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00059'14" WEST 52.13 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID LOT 193, LYING NORTH 89009' 26" WEST 4.08
FEET FROM THE SOUTHEAST CORNER OF SAID LOT 193, AS MEASURED ALONG THE SOUTHERLY
LINE THEREOF, SAID POINT ALSO BEING THE POINT OF TERMINATION.
CONTAINING: 150 SQ. FT., MORE OR LESS
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED SO AS TO
INTERSECT THE NORTHERLY AND SOUTHERLY LINES OF SAID PARCEL 13, AND SHALL MEET AT
ANGLE POINTS.
v :\Projecls\140S9 .00\sunnap\DOC\LEGALS\ TCE\J041- TCE-APN _ 234-063- 3S.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.
PREPARED BY OR
UNDER THE DIRECTION OF:
..,
/
P.L.S. 7408
12/31/2005
MARCH 26, 2004
IN: 14059.00.000
V :\Projecls\14059 .00\surmap\DOC\LEGA LS\ TCE\J041- TCE-APN _ 234-063- 35. DOC
Page 20f2
EXHIBIT 'B'
ACQ 2003-00152
A.P.N.234-0G3-35
LOT -192 TEMPORARY CONSTRUCTION EASEMENT
N8crO'l'2G"W 2.20'
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TF{AC-r NO. 6409
MJvL 24-1125-29
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AREA =
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P/L PROD (I
SHEET 1 OF 1
BASIS Of BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED UPON THE
BEARING BETWEEN OCS HORIZONTAL CONTROL GPS STATION
0128 AND GPS STATION 30'lG BEING N 00'5'1'14" E PER
RECORDS ON fiLE IN THE OffiCE Of THE COUNTY
SURVEYOR.
_ I THIS PLAT WAS PREPARED fROM RECORD DATA.
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THIS EXHIBIT WAS PREPARED
B ME UNDER MY DIRECnON.
";>
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The Keith componieSI~C
'9 Technology Drive. Irvine. CA 926'8 (9.9) 92J-6OOO
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EXHIBIT "D /I
ACQ2003-00152
APN234-063-35
TEMPORARY CONSTRUCTION EASEMENT
FOR SIGN RELOCATIONS
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 193, OF TRACT NO. 6409 AS
SHOWN ON A MAP FILED IN BOOK 241 AT PAGES 25 THROUGH 29 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMHKNCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL
ROAD, AS SHOWN ON SAID TRACT MAP;
THENCE, NORTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD NORTH
00059' 14" EAST (SHOWN AS BEING NOoo05' 09"E ON SAID TRACT MAP), 203.00 FEET;
THENCE, LEAVING SAID CENTERLINE WESTERLY ALONG THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF SAID LOT 193, AS SHOWN ON SAID TRACT MAP NORTH 89009' 26" WEST
53.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 193, SAID POINT ALSO BEING ON THE
WESTERLY RIGHT OF WAY OF SAID STATE COLLEGE BOULEVARD (53' HALF WIDTH) AS SHOWN
ON SAID TRACT MAP;
THENCE, CONTINUING ALONG SAID SOUTHERLY LINE OF LOT 193 NORTH 89009' 26' WEST
4.08 FEET;
THENCE, LEAVING SAID SOUTHERLY LINE NORTH 00059' 14" EAST 9.35 FEET TO THE POINT
OF BEGINNING;
THENCE, CONTINUING NORTH 00059'14" EAST 42.78 FEET TO THE BEGINNING OF A CURVE
CONCAVE EASTERLY AND HAVING A RADIUS OF 1208.75 FEET;
THENCE, NORTHERLY ALONG SAID CURVE 26.86 FEET THROUGH A CENTRAL ANGLE OF
01016'23";
THENCE, NORTH 02015']7" EAST 71.04 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
LOT 193, LYING NORTH 89009' 26" WEST 2.20 FEET FROM THE NORTHHEAST CORNER
THEREOF, AS ~EASURED ALONG THE NORTHERLY LINE OF SAID LOT;
THENCE, ALONG SAID NORTHERLY LINE NORTH 89009'26' WEST 16.12 FEET;
THENCE, LEAVING SAID NORTHERLY LINE ALONG THE FOLLOWING NINE (9) COURSES:
1. SOUTH 00050'34" WEST 5.00 FEET;
2. SOUTH 89009'26" EAST 12.00 FEET;
]. SOUTH 02015']7" WEST 65.94 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 1212_75 FEET;
4. ALONG SAID CURVE 19.47 FEET THORUGH A CENTRAL ANGLE OF 00055'12";
5. NORTH 88039'35" WEST ].00 FEET;
6. SOUTH 01005'20" WEST 1].00 FEET;
V :\Projects\140S9.00\surmap\DOC\LEGA LS\ TCE\SIGN-RELOC A TIONS\J041- TC'E-SIGN-A PN _ 234-063- 3S.DOC
Page I 0[2
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<1 '10 I-
7. SOUTH 89000'46" EAST 5.00 FEET;
8. SOUTH 00059'14" WEST 37.27 FEET;
9. SOUTH 89000'46" EAST 2.00 FEET TO THE POINT OF BEGINNING.
CONTAINING: 587 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
ER THE DIRECTION OF:
~~_..
~_~.- I
REA. CHAMB P.L.S. 7408
MY LICENSE EXPIRES 12/31/2005
MARCH 29, 2004
IN: 14059.00.000
V:\Projects\14059.00\surmap\DOC\LEGALS\ TCE\SIGN-RELOC A TIONS\3041- TCE-SIGN-APN _ 234-063-35.DOC
Page 2 of2
EXHIBIT '8'
ACO 2003-00152
A.P.N.234-0G3-35
TEMPORARY CONSTRUCTION EASEMENTS
E SIGN RELOCATIONS
53.o~ :1
N8'109'2G"W BASIS OF BEARINGS
P/L PROD
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.
.~
, , .
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'\.
LOT -192
L5
A.P.N. 234-0G3-35
LOT -J93
THACT NO. 6409
M .tvL
AREA=
:t587 SQ. FT.
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~\ PROJfCTS\ 14059.00\ SURMAPI nwr.\ <;ru,4MQ nWl:
SHEET 1 OF 1
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- I ( ) = RECORD DATA PER TRACT NO. G409
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NO. RADIUS DEL T A LENGTH ~
Cl 1208.75' 01"1<0 '23" 2G.8G' -
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LINE TABLE
LINE BEARING LENGTH ,...
L1 NOO'59'14"E 9.35'
L2 NOO'59'14"E 42.78' I
L3 N02'15 '37"E 71.04'
L4 N8'109'2G'W IG.12 '
L5 SOO'50'34"W 5.00'
L<O S8'109 '2<O"E 12.00'
L7 S02'15 '37"W G5.94 ,
L8 N88'39'35"W 3.00'
L9 S01'05 '20"W 13.00 '
L10 S8'100'4<O"E 5.00'
L11 SOO'59'14"W 37.27'
L12 S8'100'4G"E 2.00'
THIS EXHIBIT WAS PREPARED
BY ME OR UNDm DIRECTION.
P.D.C.
The Keith
componieS/TKC
19 TechnolOflY Drive, Irvine, CA 926'8 (949) 92J-6000
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www.anaheim.net
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
September 13, 2004
Heinz Charbroild Hamburgers
Attn: Carl Heinz
525 N. Pineway
Anaheim, CA 92805
RE: APN 234-063-35
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 1189 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 p0l1ion of the property located at 1189 South State
College Boulevard in the City of Anaheim, and bearing the Orange County Assessor Parcel
No. 234-063-35. 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 prope11y 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
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 1189 S. State College
Blvd.
copy of which can be reviewed at the City Clerk's office, at 200 South Anaheim Boulevard,
Anaheim CA, during normal business hours. This meeting will be held at or about 5:30 p.m.
on 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 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,
'td'~
~;; A. Meeks
Development Services Manager
Attachment
H:\ADMIN\LETTERS\DEVELOPMENT SRVCS\REAL PROPERTY\RON\RP ACQ2003-00 152-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.anahelm.net
~
~
~
July 22, 2004
Heinz Charbroiled Hamburgers
Att: Carl Heinz
525 N. Pineway
Anaheim, CA 92805
Re: APN 234-063-35 RIW 00152
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 1189 S. State College Blvd., Anaheim, California
Dear Property Owner:
This letter is being fOIwarded to you as the owner of record of property located at 1189 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 $30,600.00 for all interests it seeks to acquire in the Property,
segregated as follows:
$ 21,100.00
575.00
2,255.00
6,6:)0 00
30,580.00
Land & Improvements (Exhibit A)
Temporary Construction Easement (Exhibit C)
Temporary Construction Easement Sign Relocation (Exhibit D)
Loss of Outdoor Patio Seating Area
$ 30,600.00
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
respmisibility. The appraiser has not qualified a Benefit as an offset to an y damages at this time.
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, e.ncumbrances, assessments, leases and taxes, except:
((;ILD
· 1. C 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 f:.l.seq..; Relocation Assistance
and Real Property Acquisition Guidelines, California Administrative Code Title 25), or local relocation guidelines.
Relocation assistance is not a part of this offer. If you would like to inquire further regarding your eligibility for relocation
assistance on this matter please contact our consultant, Security Land & Right of Way Services, Inc. at (562) 988-9285.
Please be advised that California Code of Civil Procedure Section 1263.510 allows a party whose property is subject to
public acquisition to claim compensation for loss of business goodwill. A copy of that section is attached. This offer does not
reflect any amount of compensation attributable to any loss of business goodwill. If you would like the City to consider
whether goodwill should be evaluated as a part of this offer, it will do so. Such an evaluation will require you to provide
certain information to the City, including tax returns. If you wish to explore a goodwill claim further at this time, please
contact Roger Cunningham of Security Land at the number given above.
If this offer is acceptable to you, please so indicate to the undersigned, in writing on the enclosed Acknowledgement of
Receipt. 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 oflaw. If you have any
questions regarding this offer, or wish to request any additional information, you may contact Security Land.
Very truly yours,
~/d/t1d'-21~,-
atalie Meeks (~-
eve10pment Services Manager
NM:DBC:RLC:hh
AnaheirnlState Colle~.. & OalV.ol
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:
Heinz Charbroiled Hamburgers, A
California Corporation
RIW Parcel 00 152
SUBJECT PROPERTY ADDRESS:
1189 S. State College Blvd.
Anaheim, CA.
ASSESSOR'S PARCEL NUMBER:
234-063-35
PRESENT USE:
Existing fast. fOOd restaurant
building
HIGHEST AND BEST USE:
Retention of the existing
improvements in place.
TOTAL PROPERTY AREA (Sq. Ft.):
PROPERTY CONSIDERED FOR ACQUISITION:
22,500 s.f.
Partial Taking
BASIC PROPERTY DATA
INTEREST VALUED:
Fee Simple Estate and Temporary
Construction Easements
AREA TO BE ACQUIRED:
DATE OF VALUATION:
532 s.f., fee taking
June 30, 2004
APPLICABLE ZONING:
M-L, Limited Industrial
IMPROVEMENTS:
:1:2,794 s.f. restaurant
building with drive-thru, plus
240 s.f. outdoor patio seating;
12% FAR and paved parking
area.
PHYSICAL LIMITATIONS:
nla
PRINCIPAL TRANSACTIONS:
See Attached, Sales L-I
through L-6 and Improved
Sales 1 through 5.
SALES COMPARISON ANALYSIS:
Attached, Exhibits A and B
REPLACEMENT COST ANALYSIS:
CAPITALIZATION ANALYSIS:
nIa
Attached, Exhibit C
MARKET VALUE OF REQUIRED PROPERTY
LAND AND IMPROVEMENTS:
$1,400,000, Larger Parcel
$ $17,025 , Land Taken
$ 4,053, Site Imps.
$ 9,480, TCE
TOTAL JUST COMPENSATION FOR
ACQUISITION:
$ 30,600, Rd. Exhibit "D"
APPRAISAL FIRM:
Donahue & Co~pany, 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 seHer, being wiJJing to seH but
under no particular or urgent necessity for so doing, nor obliged to sell,
and a buyer, being ready, wiHing 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 detennined by any method
of valuation that is just and equitable.