2004-230
RESOLUTION NO. 2004- 230
RESOLUTION OF THE CITY COUNCil- OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISmON OF PORTIONS OF PROPERTY
LOCATED AT 1200 SOUTH STATE COLLEGE BOULEVARD
FOR THE PURPOSES OF THE STATE COLLEGE BOULEVARD
AND BALL ROAD INTERSECTION IMPROVEMENT PROJECT
(R/W ACQ 2003-00146).
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
at 1200 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 November 16, 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 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 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 1200 South State
College Boulevard, (Assessor Parcel No. 253-141-01). The portions of Property the City seeks to
acquire, and the Property interests sought, consist of the following:
A. An easement for public road and public utility purposes to approximately
2,380 square feet of the Property, as more specifically described in Exhibit
"A" hereto.
B. A temporary construction easement over approximately 197 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 an 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 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
2
the temporary construction easement area or the larger parcel to which it
pertains in the same functional condition as reasonably practicable to the
condition before the Project in terms of access, irrigation, and relation of
public right of way improvements to the larger parcel.
The temporary construction easement shall not include the right to store any
materials or park any vehicles which are not incidental to the work to be
performed on site in connection with the Project, nor to block all vehicular
access to the larger parcel of property of which the temporary construction
easement area is a part, nor exercise the uses of the easement outside of the
temporary construction easement area. In connection with the exercise of the
temporary construction easement rights hereunder, City shall protect all
structures on the temporary construction easement area in place, and shaH
protect or restore all improvements thereon.
The rights granted hereunder shaH commence fourteen (14) days after written
notification to the property owner of the commencement of construction of
the project and shaH continue in fuH 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 functionaHy 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 construction easement to permit the City, and/or
its contractors, to enter onto the area more specifically described as "Parcel
2" and "Parcel 3" in the legal description attached hereto as Exhibit "D", for
the purposes of constructing or relocating light and signage, including the
replacement and/or relocation of light and sign faces, poles, footings, wiring
or electrical conduits, switches, or other electrical appurtenances for the
illumination or operation of light and signs and sign structures, to maintain
the continuity of sign age on the property of which the easement area is a part
and also to accommodate the public improvements contemplated under the
State College Boulevard and Ball Road Intersection Improvement Project.
The temporary Light and Sign Construction/Relocation Easement shall
include the right to install curbing or similar structures, to protect the
relocated sign and sign appurtenances from vehicular damage. The
Temporary Light and Sign ConstructionlRelocation Easement includes the
right to temporarily bring or store equipment, tools, and personnel onto the
area of the easement, necessary or convenient for constructing or relocating
light and signage, consistent with the improvements contemplated under the
State CoHege Boulevard and Ball Road Intersection Improvement Project.
The rights conferred under this easement shaH be effective upon written
notice from the City or its contractor to the owner or occupant of the
3
easement area of the initiation of this Temporary Sign
ConstructionlRelocation Easement, and shall continue in full force and effect
until written notice to the owner of record that the temporary construction
notice is no longer needed by the City, or twelve (12) months after notice of
the initiation of the temporary construction easement, whichever is earlier.
D. A temporary, nonexclusive construction easement to permit the City, and/or
its contractors, to enter onto the area more specifically described as "Parcel
1" in the legal description attached hereto as Exhibit "D", for the purposes of
constructing or relocating driveway and other vehicular or pedestrian access
facilities, to safely maintain the passage of pedestrian and vehicular access
between the public rights of way and the property of which the area described
in Exhibit "D" is a part, and also to accommodate the public improvements
contemplated under the State College Boulevard and Ball Road Intersection
Improvement Project. The Temporary Driveway Construction/Relocation
Easement shall include the right to install curbing or similar structures within
the area of the easement, to direct vehicular traffic to the relocated driveway
facilities, or protect the relocated driveway or access facilities from vehicular
damage. The Temporary Driveway ConstructionlRelocation Easement
includes the right to temporarily bring or store equipment, tools, and
personnel onto the area of the easement, necessary or convenient for
constructing or relocating driveway or other vehicular pedestrian access
facilities, consistent with the improvements contemplated under the State
College Boulevard Intersection Widening Project. The rights conferred under
this easement shall be effective upon written notice from the City or its
contractor to the owner or occupant of the easement area of the initiation of
this Temporary Driveway Construction/Relocation Easement, and shall
continue in full force and effect until written notice to the owner of record
that the temporary construction notice is no longer needed by the City, or
twelve (12) months after notice of the initiation of the temporary construction
easement, whichever is earlier.
SECTION m. The public interest and necessity require the Project, in that the City's General
Plan, and specifically the Circulation Element, calls for the improvement of State College Boulevard
and Ball Road in the manner contemplated by the Project. The Project is designed to relieve regional
traffic congestion and improve the capacity of the street, which will require continuity in the roadway
alignment and traffic handling capacity of the streets.
SECTION IV. The Project is located in a manner most compatible with the greatest public
good and least private injury, in that the design of the roadway widening must of necessity occupy
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.
4
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 September 14,2004 and October 5,2004. 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 VIT. To the extent any of the property to be taken herein is devoted to a
public use, the City finds that the proposed use for the Project is compatible with, or more necessary
to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil
Procedure ~~ 1240.510 and 1240.610.
SECTION VIII. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification of Negative Declaration, referenced in the Notice
of Hearing which was sent in connection with this Resolution. The City Council finds and
determines that since the time of that certification there have been no subsequent changes with
respect to the circumstances under which the Project is to be undertaken, no new information of
substantial importance regarding significant effects or mitigation measures or alternative which has
become available, and no subsequent changes have been proposed in the Project which would
require important revisions to the Negative Declaration such that no further environmental review
attending this proposed acquisition is necessary.
SECTION IX. The law firm of Rutan & Tucker, LLP, special counsel for the City of
Anaheim, and the City Attorney are hereby authorized to prepare and prosecute in the name of the
City, such special proceedings in the proper court having jurisdiction thereof, as are necessary for
acquisition of the Property described herein, and to prepare and file such pleadings, documents, and
otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for
the City the Property. Such attorneys are specifically authorized to take whatever steps and/or
procedures are available to them under the Eminent Domain Law of the State of California,
including, but not limited to, seeking orders for prejudgment possession of the property. The City
Attorney is authorized to assign any work in such action to other attorneys as the City Attorney may
deem appropriate.
5
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 16thdayof Nov. 2004, by the following roll call vote:
AYES:
Mayor Pringle, Council Members Chavez, McCracken, Tait, Hernandez
NOES:
None
ABSENT: None
ABSTAIN: None
cITYOF~~
By
MAYOR OF THE CITY F ANAHEIM
6
=
EXHIBIT 'A'
ACQ2003 -00' lib
APN253-141-01
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF THE NW 1/4 OF THE NW 1/4 OF
THE NW 1/4 OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO
MERIDIAN, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP FILED IN
BOOK Sl AT PAGE 10 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 A MAP FILED IN BOOK 117 AT PAGES 19 THROUGH 20, INCLUSIVE OF
PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE, SOUTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD (SHOWN ON AS
BEING N 00014'58" W ON SAID PARCEL 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 PARCEL 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 SHOWN ON SAID
PARCEL MAP, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE, NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY NORTH 00038'16" EAST 124.86
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.39.41 FEET THROUGH A CENTRAL ANGLE OF 90019'22" TO THE SOUTHERLY RIGHT OF
WAY OF BALL ROAD (53' HALF WIDTH) AS SHOWN ON SAID PARCEL MAP;
THENCE, ALONG LAST SAID RIGHT OF WAY SOUTH 89002'22" EAST 14.68 FEET;
THENCE, LEAVING LAST SAID RIGHT OF WAY SOUTH 45047' 57" WEST 35.46 FEET TO A
POINT ON A LINE. BEING PARALLEL WITH AND 14.67 FEET (14 FT 8 IN) EASTERLY OF SAID
EASTERLY RIGHT OF WAY OF STATE COLLEGE BOULEVARD;
THENCE, SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00038'16" WEST 112.09 FEET TO
THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 310.00 FEET;
THENCE, SOUTHERLY ALONG SAID CURVE 12.77 FEET THROUGH A CENTRAL ANGLE OF
02021'36" TO THE NORTHERLY LINE OF SAID PARCEL 1;
THENCE, WESTERLY ALONG SAID NORTHERLY LINE NORTH 89002'22" WEST 14.41 FEET TO
THE POINT OF BBGINNING.
CONTAINING: 2,380 SQ. FT., MORE OR LESS
V:\ProjcclS\l4059.00\surmap\DOC\lEGA LS\3041-R W -APN _25)-141-0 I.DOC
Page I of2
ALSO AS SHowN Ol+^~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 TR";j!.<:J:ION _ OF,
LOR ;. CHAMBER, P.L.S. 7408
MY LICENSE EXPIRES 12/31/2005
SEPTEMBER 24, 2003
IN: 14059.00.000
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SHEET 1 OF 1
BASIS OF BEARINGS
ROAD
THE BEARINGS SHOWN HEREON ARE BASED
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 PER P.M.B. 117/19-20
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19 Technology Drive, IMfHI, ~ 92618 (949) 92J-6000
DATE:
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EXHIBIT 'C"
ACQ2003-00146
APN253-141-01
TEMPORARY CONSTRUCTION
EASEMENT (t- "~f)
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF THE NW 1/4 OF THE NW 1/4 OF
THE NW 1/4 OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO
MERIDIAN, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP FILED IN
BOOK 51 AT PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, LYING WITH A 1.00 WIDE STRIP, THE NORTHERLY, NORTHWESTERLY AND
WESTERLY SIDELINES OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL
ROAD, AS SHOWN ON A MAP FILED IN BOOK 117 AT PAGES 19 THROUGH 20, INCLUSIVE OF
PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE, SOUTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULE~ARD (SHOWN ON AS
BEING N 00014'58" W ON SAID PARCEL 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 PARCEL 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 SHOWN ON SAID
PARCEL MAP;
THENCE, NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY NORTH 00038' 16" EAST 124.86
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 39.41 FEET THROUGH A CENTRAL ANGLE OF 90019'22" TO THE SOUTHERLY RIGHT OF
WAY OF BALL ROAD (53' HALF WIDTH) AS SHOWN ON SAID PARCEL MAP;
THENCE, ALONG LAST SAID RIGHT OF WAY SOUTH 89002'22" EAST 14.68 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT 'A';
THENCE, CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY SOUTH 89002'22" EAST 37.25
FEET THE POINT OF BEGINNING OF THE HEREING DESCRIBED SIDELINES;
THENCE, WESTERLY ALONG LAST SAID RIGHT OF WAY LINE NORTH 89002' 22' WEST 37.25
FEET TO THE HEREINABOVE DESCRIBED POINT 'A';
THENCE, LEAVING LAST SAID RIGHT OF WAY SOUTH 45047' 57" WEST 35.46 FEET TO A
POIMT ON A LINE BEING PARALLEL WITH AND 14.67 FEET (14 FT 8 IN) EASTERLY OF SAID
EASTERLY RIGHT OF WAY OF STATE COLLEGE BOULEVARD;
THENCE, SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00038'16" WEST 112.09 FEET TO
THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 310.00 FEET;
THENCE, SOUTHERLY ALONG SAID CURVE 12.77 FEET THROUGH A CENTRAL ANGLE OF
02021'36" 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
SAID NORTHERLY LINE, SAID POINT ALSO BEING THE POINT OF TERMINATION.
V :\Projects\ 14059 .00\sunnap\DOC\LEGALS\ TCE\3041- TCE-APN _ 253-141-0 I.DOC
Page 1 of2
CONTAINING: 197 SQ. FT., MORE OR LESS
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED SO AS TO
INTERSECT EASTERLY IN A LINE DRAWN AT RIGHT ANGLES TO SAID POINT OF BEGINNING,
SOUTHERLY IN SAID NORTHERLY LINE OF PARCEL 1 AND SHALL MEET AT ANGbE ~OINTS.
. . . f.
ALSO AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
OF:
YNE A. SCHAMBER, P.L.S. 7408
MY LICENSE EXPIRES 12/31/2005
FEBRUARY 04, 2004
IN: 14059.00.000
V :\Projects\14059.00\su1lTIap\DOC\LEGALS\TCE\3041- TCE-APN _ 253-141-0 I.DOC
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BASIS Of BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED
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CONTROL GPS S T A TION 0128 AND GPS S T A TION
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 PER P.M.B. 117/1'1-20
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THIS EXHIBIT WAS PREPARED
~ DIREcnON.
LORYNE A SCHAMBER, P.L.S. 7408
MY LICENSE EXPIRES 12/31/05
1/.\ PRnlJ:"rrc::\ 1An~a f1f1\ C:IIDUAD\ nw~\ c::vu~,nnh nwl:'
CURVE TABLE
NO. RADIUS DEL TA
C1 25.00' 90'1'=1'22"
C2 310.00' 02'21'3<0"
LENGTH
3'=1.41 '
12.77'
The Keith companleslTK.C
19 Technology Drive, Irvine, CA 926'8 (949) 923-6000
DATE:
02/04/04
JOB NO. 14059.00.000
'.
EXHIBIT 'D'
ACQ2003-00146
APN253-141-01
TEMPORARY CONSTRUCTION EASEMENTS
FOR DRIVEWAY & SIGN & LIGHT RELOCATION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF THE NW 1/4 OF THE NW 1/4 OF
THE NW 1/4 OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO
MERIDIAN, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP FILED IN
BOOK 51 AT PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
BEING A STRIP OF LAND 4.00 FEET WIDE, THE WESTERLY SIDELINE OF SAID STRIP BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF STATE COLLEGE BOULEVARD AND BALL
ROAD, AS SHOWN ON A MAP FILED IN BOOK 117 AT PAGES 19 THROUGH 20, INCLUSIVE OF
PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE, SOUTHERLY ALONG SAID CENTERLINE OF STATE COLLEGE BOULEVARD (SHOWN ON AS
BEING N 00014'58" W ON SAID PARCEL MAP), SOUTH 00038'16" WEST 203.00 FEET;
THENCE, LEAVING SAID CENTERLINE ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY
LINE OF PARCEL I, AS SHOWN ON SAID PARCEL 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;
THENCE, CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89002'22' EAST 14.41 FEET TO
A POINT ON A NON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 310.00
FEET, A RAD IAL LINE THROUGH SAID PO INT BEARS SOUTH 87000' 08" EAST, SAID PO INT
ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED WESTERLY SIDELINE;
THENCE, NORTHERLY ALONG SAID 12.77 FEET THROUGH A CENTRAL ANGLE OF 02021'36" TO
A POINT ON A LINE BEING PARALLEL WITH AND 14.67 FEET (14 FT 8 IN) EASTERLY OF
SAID EASTERLY RIGHT OF WAY OF STATE COLLEGE BOULEVARD;
THENCE, NORTHERLY ALONG SAID PARALLEL LINE NORTH 00038'16" EAST 29.33 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT 'A', SAID POINT ALSO BEING THE TERMINUS
OF THE HEREIN DESCRIBED WESTERLY SIDELINE.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTHENED SO AS TO
TERMINATE SOUTHERLY IN SAID NORTHERLY LINE OF PARCEL I, NORTHERLY IN A LINE
DRAWN AT RIGHT ANGLES THROUGH SAID TERMINUS AND SHALL MEET AT ANGLE POINTS.
CONTAINING: 168 SQ. FT., MORE OR LESS
PARCEL 2
BEGINNING AT THE HEREINABOVE DESCRIBED POINT 'A';
V :\Projects\14059.00\surmap\DOC\LEGALS\ TCE\SIGN-RELOCA TIONS\3041-TCE-SIGN-APN _253-14 I -0 I .DOC
Page 1 of2
....~.~ '?
THENCE, NORTHERLY ALONG THE HEREINABOVE DESCRIBED PARALLEL LINE NORTH 00038' 16"
EAST 60.19 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, CONTINUING NORTH 00038'16" EAST 22.56 FEET;
THENCE, LEAVING SAID PARALLEL LINE NORTH 45047'57" EAST 35.46 FEET TO A POINT ON
THE SOUTHERLY RIGHT OF WAY OF BALL ROAD (53' HALF WIDTH) AS SHOWN ON SAID PARCEL
MAP;
THENCE, ALONG LAST SAID RIGHT OF WAY SOUTH 89002'22" EAST 2.25 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT 'B';
THENCE, LEAVING LAST SAID RIGHT OF WAY SOUTH 00057'38" WEST 20.43 FEET;
THENCE, SOUTH 45047'57" WEST 38.48 FEET TO THE POINT OF BEGINNING.
CONTAINING: 615 SQ. FT., MORE OR LESS
PARCEL 3
BEING A STRIP OF LAND 3.00 FEET WIDE THE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE HEREINABOVE DESCRIBED POINT 'B';
THENCE, ALONG THE SOUTHERLY RIGHT OF WAY OF BALL ROAD, AS DESCRIBED HEREINABOVE,
SOUTH 89002'22" EAST 25.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, LEAVING LAST SAID RIGHT OF WAY SOUTH 00057' 38" WEST 3.00 FEET TO THE
TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTHENED SO AS TO
TERMINATE SOUTHERLY IN SAID SOUTHERLY RIGHT OF WAY OF BALL ROAD AND IN A LINE
DRAWN AT RIGHT ANGLES THROUGH SAID TERMINUS.
CONTAINING: 9 SQ. FT., MORE OR LESS
ALSO AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
OF:
FEBRUARY 10, 2004
IN: 14059.00.000
V :\Projects\14059.00\surmap\DOC\LEGALS\TCE\SIGN-RELOCA TlONS\3041- TCE-SIGN-APN _ 253-14I-OI.DOC
Page 20f2
. .
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SHEET 1 OF 1
EXHIBIT '8'
ACO 2003-0014G
A.P.N. 253-141-01
TEMPORARY CONSTRUCTION EASEMENTS
F OR DRIVEWAY E SIGN E LIGHT RELOCATION
P.D.C.
~ ct BALL ROAD
N5"1'02 '22"W "13.12' 0~ -
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BASIS OF BEARINGS
- THE BEARINGS SHOWN HEREON ARE BASED
UPON THE BEARING BETWEEN OCS HORIZONTAL
CONTROL GPS STATION 0125 AND GPS STATION
30% BEING N 00.5"1'14" E PER RECORDS ON
FLE ~ THE OFF~E OF THE COUNTY SURVEYOR.
THIS PLAT WAS PREPARED FROM RECORD DATA.
POINT 'B'
LS ~ T.P.O.B. ( ) = RECORD PER P.M.B. 117/1"1-20
L PCl 3
150'cr-~'1=-- 3.001,50'
--' lPARCEL 3
AREA = :!:Ci SQ. fT.
PARCEL 2
AREA = :!:<o 15 SQ. fT.
LINE TABLE
LINE BEARING
L1 NOO.35'lG"E
L2 NOO.35 'lG"E
L3 NOO.35'lG"E
L4 N45.47'S7"E
LS S5<102 '22"E
LG SOO.57'35"W
L7 S4S.47'S7"W
L5 S5"1.02 '22"E
L9 SOO.S7'35"W
A.P.N. 253-141-01
Po;:nJON OF
NIN-j/!} NIN-j/!} NIjIj-J/!}
SEe 2!} TAS" ;:UOIN" S"B"J\;L
S3.o0'
S5"1.02 '22"E
P /L PROD
PARCEL 1
AREA = :!:1<O5 SQ. fT.
4.00'
557"00 '05"E (RAD)
--------- - -
N5<102 '22"W 14.41'
C)
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'A RED
DIRECTION.
1/.\ pQn Icrrc\ 1 Anc;o nn\ C" fOUAD\ nwr\ "':'VllC""Ulf1t::' nw('
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NO.
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CURVE TABLE
RADIUS DEL T A
310.00' 02.21'310"
LENG TH
2"1.33 '
GO.l"1 '
22.5G'
35.410'
2.25'
20.43'
35.45 '
25.50 '
3.00'
LENGTH
12.77'
The Ke;th comPBo;eSITK.C
19 Technology Drive, Irvine, CA 92618 (949) 923-6000
DATF:
OJ 1m 104
JOB NO. 14059.00.000
TAN
CKER~
611 ANTON BOULEVARD, FOURTEENTH FLOOR ORANGE COUNTY
COSTA MESA, CALIFORNIA 92626-1931
DIRECT ALL MAIL TO: POST OFFICE BOX 1950 SILICON VALLEY
COSTA MESA, CALIFORNIA 92628-1950 (408) 289-8777
TELEPHONE 714-641-5100 FACSIMILE 714-546-9035
INTERNET ADDRESS www.rutan.com A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
Michael Rubin
Direct Dial: (714) 641-3423
E-mail: mrubin@rutan.com
October 22, 2004
Ronald K. Dominguez, et al.
18472 Rosenau Drive
Villa Park, CA 92861-2844
Keith Ogburn, Esq.
Ogburn Law Office
3 Hutton Centre, Suite 680
Santa Ana, CA 92707
Re: APN 253-141-01
AMENDED NOTICE OF INTENTION TO CONSIDER ADOPTION OF A
RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL
PROPERTY LOCATED AT 1200 SOUTH STATE COLLEGE BOULEVARD
Dear Property Owner:
This amended notice is sent to you under requirements of California Code of Civil Procedure
Section 1245.235. It amends, and supercedes, the notice previously sent to you dated September 14,
2004. This amended notice concerns a portion of the property located at 1200 South State College
Boulevard in the City of Anaheim, and bearing the Orange County Assessor Parcel No. 253-141-01. The
City of Anaheim has been investigating the acquisition of certain interests in property for the
accommodation of the State College and Ball Road Intersection Improvement Project. These interests
consist of various easements, all more specifically described in Section II of the draft resolution attached
hereto as Exhibit I.
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
046/012377-0 I 00
551919.01 alO/22/04
IIJTAN
811JCKER~
ATTO.NEVS AT LAW
Ronald K. Dominguez, et al.
Keith Ogburn, Esq.
October 22, 2004
Page 2
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, Anaheim,
California, during normal business hours. This meeting will be held at or about 5:30 p.m. on November
16, 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 amended notice, consists of various easements over a
portion of your property. For your information and convenience, these easements, and the areas over
which they are proposed to be acquired, are more specifically described in Section II of the draft
resolution attached hereto as Exhibit 1.
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
initiating 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 Natalie Meeks at the City of Anaheim
at (714) 765-5148. Thank you for your consideration in this matter.
Very truly yours,
RUTAN & TUCKER, LLP
~/I h--f f<-/--
Michael Rubin
MR:tr
Enclosure
cc: Natalie Meeks, Development Services Manager
046/012377-0100
551919.01 alO/22/04
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City of Anaheim
DEPARTMENT OF PUBLIC WORKS
October 5, 2004
Ronald Dominguez, et.al
18472 Rosenau Dr.
ViII a Park, CA 92861-2844
Re: APN 253-141-01 R!W 2003-00146
Revised offer for Acquisition by The City of Anaheim of Portions of Property
Located at 1200 S. State College Boulevard, Anaheim, California
Dear Property Owner:
This letter is being forwarded to you as the owner of record of property located at 1200 S. State
College Boulevard, Anaheim, California.
The City of Anaheim ("City") hereby makes a revised offer to its original offer of June 25, 2004,
to acquire a portion of your property for a street easement ("Property") and Temporary
Construction Easements more particularly described in Exhibit "A" and "c" attached hereto.
This Property is sought by the City for purposes of widening and beautifYing of 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 fuIl 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
$113,320.00 for all interests it seeks to acquire in the Property, segregated as follows:
$100,000.00
8,300.00
5,000.00
20.00
Land
Improvements
Temporary Construction Easements(Exhibit "C")
Cost to Cure Damages
$113,320.00
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.
The City will pay all usual fees, charges, and costs which arise out of this escrow.
P.O. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
FAX (714) 765-5225
~f;i.1".,'-
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 e.t.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 revised offer. If you would like to inquire further regarding your eligibility for
relocation assistance on this matter please contact our consultant, Roger Cunningham at Security Land & Right of Way
Services, Inc., (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 revised
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 revised offer, it will do so. Such an evaluation
will require you to provide certain information to the City, including tax returns. If you wish to explore a goodwill claim
further at this time, please contact Security Land at the number given above.
If this revised 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 m~tter will be reviewed by the
City Council, which has final ratification authority.
If for any reason you are not satisfied with this revised 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
infonnation, 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 revised offer, or wish to request any additional information, you
may contact Security Land.
~
N talie Meeks
evelopment Services Manager
NM:DBC:RLC:ic
Anaheim\RVSD OL\ I 0-5-04/State College & Ball. . .
Attachment 1
SUMMARY OF THE BASIS OF DETERMINA nON 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:
Jonnie Hofer and
Dominguez, Trustee
R/W Parcel 00 146
Ronald
SUBJECT PROPERTY ADDRESS:
1200 S. State College Blvd.
Anaheim, CA.
ASSESSOR'S PARCEL NUMBER:
253-141-01
PRESENT USE:
Existing service station with
kiosk both and 8 fueling
stations.
HIGHEST AND BEST USE:
Retention of the existing
improvements in place.
,
TOTAL PROPERTY AREA (Sq. Ft.):
PROPERTY CONSIDERED FOR ACQUISITION:
22,463 sJ.
Partial Taking
BASIC PROPERTY DATA
INTEREST VALUED:
Fee Simple Estate, Permanent Easement
and Temporary Construction Easements
AREA TO BE ACQUIRED:
2,380 s.f., permanent easement
DATE OF VALUATION:
June 8, 2004
APPLICABLE ZONING:
C-L, Limited Commercial
IMPROVEMENTS:
97.5 s.f. kiosk booth;
equipment and fixtures for 8
fueling stations, paved site
area and landscape
improvements.
PHYSICAL LIMITATIONS:
nla
PRINCIPAL TRANSACTIONS:
See Attached, Sales L-I
through L-8 and Improved
Sales 1 through 7.
SALES COMPARISON ANALYSIS:
Attached, Exhibits A and B
REPLACEMENT COST ANALYSIS:
Attached, Exhibit C
CAPIT ALIZA TION ANALYSIS:
nla
MARKET VALUE OF REQUIRED PROPERTY
LAND AND IMPROVEMENTS:
$1,218,000, Larger Parcel
$ 100,000, Land Taken
$ 8,300, Site Imps.
$ 5,000, TCE
Cost to Cure Damages:
$
20
TOTAL JUST COMPENSATION FOR
ACQUISITION:
$ 113 320 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.