99-047RESOLUTION NO. 99R-47
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1820 & 1830 SOUTH WEST
STREET FOR THE PURPOSES OF CONDUCTING ROADWAY
IMPROVEMENT (R/W 5180-70 A, B AND C).
WHEREAS, the City of Anaheim has been investigating the
acquisition of various interests in property, including fee
interests and temporary construction easements, on property
located at 1820 & 1830 South West Street, for the purposes of
making public roadway improvements on the circulation element of
the General Plan of the City of Anaheim; and
WHEREAS, on March 16, 1999, 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," 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 on the following matters:
A. Whether the public interest and necessity required 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; 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 various interests in the Property more
particularly described herein ("Property"), for the purposes of
widening and improving Katella Avenue; and
WHEREAS, the Project for which the Property to be acquired
is sought has previously been reviewed under applicable
environmental review procedures, including Environmental Impact
Report No. 313 (Anaheim Resort); 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 acquisition of the
Property is required consists of the widening and improving of
Katella Avenue, including installation of street landscaping and
public utilities.
SECTION II. The Property to be acquired is located within
the City of Anaheim, County of Orange, State of California, and
is located at 1820 and 1830 South West Street, (Assessor Parcel
No. 137-011-02, 08 and 09) The portions of Property the City
seeks to acquire, and the Property interests sought, consist of
the following:
A. Fee simple title to approximately 5,294.0 square
feet of Property including abuttor's rights of
access in and to Katella Avenue from property, as
more specifically described in Exhibit "A" hereto.
B. A temporary construction easement over
approximately 407.9 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
Katella Avenue in accordance with the approved
street construction (the "Project"). The
temporary construction easement shall include the
right to perform 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
2
work being performed on said property in
connection with the Project.
Such incidental activities shall include, but not
be limited to, 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.
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. 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 and shall continue in full
force and effect until written notice to the owner
of record that the temporary construction easement
is no longer needed by the City, or twelve (12)
months after notice of the initiation of the
temporary construction easement, whichever is
earlier. Upon termination of the temporary
construction easement, the temporary construction
easement area shall be restored to a condition
that is as functionally equivalent as is
practicable to its condition prior to the
commencement of the work, consistent with the
project as designed and as to be constructed.
SECTION III. The public interest and necessity require the
Project, in that the City's General Plan, and specifically the
Circulation Element, calls for the improvement of Katella Avenue
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.
3
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 has been planned for both sides of the roadway,
to avoid taking all of the required right-of-way from those on
one or the other side of the existing road, in an effort to
minimize any disproportionate burden 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
attendant storm drain improvements. This will enhance the
utility of the area, improve traffic circulation, and contribute
to the overall Resort Destination identity of the Anaheim Resort
Specific Plan.
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
May 12, 1998. Staff has attempted to negotiate with the record
owners subsequent to this offer, but such negotiations have not
proved successful in securing the necessary property interests
outside of more formal proceedings.
SECTION VII. To the extent any of the property to be taken
herein is devoted to a 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 Environmental Impact Report No. 313, and 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 previous environmental impact reports, 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
4
thereof, as are necessary for acquisition of the Property
described herein, and to prepare and file such pleadings,
documents, and otherwise prosecute such actions as may be
necessary in the opinion of such attorneys to acquire for the
City the Property. Such attorneys are specifically authorized to
take whatever steps and/or procedures are available to them under
the Eminent Domain Law of the State of California, including, but
not limited to, seeking orders for prejudgment possession of the
property. The City Attorney is authorized to assign any work in
such action to other attorneys as the City Attorney may deem
appropriate.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 16th day of March, 1999.
MAY R OF THE CITY OF EIM
ATTEST:
TY CLERK OF THE CITY OF ANAHEIM
27883.16\MSLAUGHT\September 1, 1998 S
APB 137-011-02 EXHIBTT A
Grant to the City of Anaheim a portion of the Northeast quarter of the Northwest quarter
of Section 27, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de
Santa Ana, as per map recorded in Book 51, page 10 of Miscellaneous Maps, records
of said Orange County, described as follows:
Beginning at the centerline intersection of Katella Avenue and West Street as shown on
a map filed in Book 43, page 32 of Record of Surveys, in the office of the County
Recorder of Orange County; thence along the centerline of West Street S00°48'38"E,
210.57 feet (64.18 m.); thence N89°11'22"E, 45.00 feet (13.72 m.) to a point on the
existing eastern right-of-way line of West Street, said point being the True Point of
Beginning and designated as T.P.O.B. on Exhibit B; thence N89°55'07"E, 17.00 feet
(5.18 m.); thence S00°48'38"E, 84.26 feet (25.68 m.) to a point on a tangent curve
concave Northwesterly having a radius of 4513.00 feet (1375.56 m.); thence
Southwesterly along said curve through a central angle 00°50'05" an arc distance of
65.74 feet (20.04 m.) to a point on anon-tangent line, from said point a radial line bears
N89°58'33"W; thence S89°55'07"W, 16.52 feet (5.04 m.); thence N00°48'38"W,
150.00 feet (45.72 m.) to the True Point of Beginning.
CONTAINING 2,537.6 SQUARE FEET (235.8 mZ) MORE OR LESS.
EXHIBIT 8
AP• 137-OII-02
LEGEND.
~r-r~=r~r
'//////,
_ _ KATELLA_ AVENUE
N89' 55' 07' E
PROPOSED R/W LINE
w
SMART STREET R/W L I NE rm~ E
EXISTING R/W LINE v'~
v O v
TOTAL R/W TAKE a N~o
0
T. C. E. ~
I=I..I T. P. 0. B.~
I
w
22' E
89
'
~~
;
(13.12~a)
o
0
{ 0
~
N
3 ~
~ /~
V / ao'~
w '~ V
m
I 0
°
z
un o• cn. zz. rr
BAS 15 OF BEAR I NGS~ "`"'
I
THE CENTERLINE OF WEST STREET I
BEING S00'48'38'E PER R.S. 43-32. I
N89' 55' 07' E
17.00'
I (5. 18m)
I
I 500.48'38'E
I 825. 68m)
1
I
NOT TO SCALE
EDEN ROE MOTEL
AP• 137-OII-02
OWNERS CONNIE FONG
R=4513.00' (I 375. 56m)
0=00'50'05'
L=65.74' (20.04m)
' l0. 30m) T. C. E.
S89'55'07'W
16. 52'
(5. 04m)
AREA SUMMARY
SMART STREET R/W TAKE 2.537.6 S.F
SUPPLEMENTAL R/W TAKE = 0 S.F.
`
D BY
~ 1'`31-~Y TOTAL R/W TAKE
T.C. E. AREA = 2,537.6 S. F.
150.0 5. F. (235.8 m
)
( 13. 9 m')
DATE
UIIAA ENG I VEER I NG.
17762 COwAN STREET
IRVINE CA 92614 I NC KATELLA AVENUE SMART STREET
APPROXIMATELY 360' SOUTH OF WEST/KATELLA INTERSECTION
owaM. DJ aaco. RK
ors. ww r~'laD _ ~D /)
SICNAt1AE
~pA~
DI-TE. 3/98
~~' 3/98
77 J/I
'~ ~• / ?7
(235.8 m `)
TEMPORARY CONSTRUCTION EASEMENT
R/W 5180-70A
EXHIBIT "(,"
A portion of the Northeast quarter of the Northwest quarter
of Section 27, Township 4 South, Range 10 West, in the Rancho
San Juan Cajon de Santa Ana, as shown on a map recorded in
Book 51, Page 10 of Miscellaneous Maps, records of Orange
County California described as follows:
A one (1) foot strip of land lying east of adjacent to and
parallel to the proposed east right-of-way line of West
Street all as shown on the attached Exhibit "B".
AP11 137-011-08 EXHIBIT A
Grant to the City of Anaheim a portion of the Northeast quarter of the Northwest quarter
of Section 27, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de
Santa Ana, as per map recorded in Book 51, page 10 of Miscellaneous Maps, records
of said Orange County, described as follows:
Beginning at the centerline intersection of Katella Avenue and West Street as shown on
a map filed in Book 43, page 32 of Records of Surveys, in the office of the County
Recorder of Orange County; thence along the centerline of West Street S00°48'38"E,
360.57 feet (109.90 m.); thence N89°11'22"E, 45.00 feet (13.72 m.) to a point on the
existing eastern right-of--way line of West Street, said .point being the True Point of
Beginning and designated as T.P.O.B. on Exhibit B; thence N89°55'07"E, 16.52 feet
(5.04 m.) to a point on anon-tangent curve concave Northwesterly having a radius of
4513.00 feet (1375.26 m.), from said point a radial line bears N89°58'33"W; thence
Southwesterly along said curve through a central angle of O1°04'33" an arc distance of
84.74 feet (25.82 m.) to a point of reverse curve concave Southeasterly having a radius
of 4487.00 feet (1367.64 m.), from said point a radial line bears S88°54'02"E; thence
Southwesterly along said curve through a central angle of 00°49'56" an arc distance of
65.17 feet (19.86 m.) to a point on anon-tangent line, from said point a radial line bears
S89°43'58"E; thence 589°55'07"W, 12.57 feet (3.83 m.) to a point on anon-tangent
curve concave Northeasterly having a radius of 216.08 feet (65.86 m.), from said point
a radial line bears N86°34' 12"E; thence Northwesterly along said curve through a central
angle of 02°37'10" an arc distance of 9.88 feet (3.01 m.) to a point on a tangent line;
thence N00°48'38"W, 140.00 feet (42.67 m.) to the True Point of Beginning.
CONTAINING 2208 SQUARE FEET (205 mZ) MORE OR LESS.
EXHfBIT B
AP# 137-011-08
NOT TO SCALE
LEGEND
KATELLA _AVEo
N89'S5'07'E
w ~ I
~~ ~
Mti0
N 6~
00
q0~
O~~-
O
U1
PROPOSED R/W LINE
- - - SMART STREET R/W LINE
- - - - EXISTING R/W LINE
'~ TOTAL R/W TAKE
------ T.C.E.
BASiS OF BEARiNGS~
THE CENTERLINE OF WEST STREET
BEING 500°48'38'E PER R.S. 43-32.
N89' S8' 33' W T. P. 0. B:
(RAD)
I'^ N89' I I'~2'
w 45.00'
(43.72m1
L.l.l
~ I
I
W
R=216. 08'(65.86m)
p=02'37'10'
L=9.88' (3.OIm)
i
0
o I
0
v
_r~ l
3~,
WN
MV
ro
v
o i
0
z }
R=4513.0O'(1375.26m)
p=01.04' 33'
L=84.74' (25.82m)
R=4487.OO'(1367.64m)
~=00'49'56'
L=65. 17' f 19. 86m)
EDEN ROC MOTEL
APB 137-011-08
OWNERS CONNIE FONG
S89'43'S8'
\N86' 34' 12'
589° 55' 07' W (RAD)
12.57'
(3. 83m)
~'~RICK KREUZER
Y No. 42407
-0` EKp, 3-31 -00
~,,f Fj~cA\~~~~r AREA SUMMARY.
SMART STREET R/W TAKE = 2207.5 S. F. (205.1 m=)
SUPPLEMENTAL R/W TAKE 0 S. F.
A P ED BYE TOTAL R/W TAKE = 2207.5 S. F. (205. I mz)
M s-zs-~y
p~7E T. C. E. AREA = 149.9 S. F. ( 13. 9 mz)
UMA ENG I N~ER I NG <.~ If'NC KATELLA AVENUE SMART STREET
17762 COWAN,'~5'fREf.T APPROXIMATELY 360' SOUTH OF WEST/KATELLA INTERSECTION
IRVINE .ACA=.92614 r fr
' DRAWN DJ CHKD~ RK ,{/~~~D~
03/12/98 DIS. MAP R/W N0. J
SIGNATURE DATE DAiE~ 3/gg DA 7E+ 3/98 ~~
N89 55 07 E .
16.52'
(5. O4m)
TEMPORARY CONSTRUCTION EASEMENT
R/W 5180-70B
EXHIBIT "G"
A portion of the Northeast quarter of the Northwest quarter
of Section 27, Township 4 South, Range 10 West, in the Rancho
San Juan Cajon de Santa Ana, as shown on a map recorded in
Book 51, Page l0 of Miscellaneous Maps, records of Orange
County California described as follows:
A one (1) foot strip of land lying east of adjacent to and
parallel to the proposed east right-of-way line of West
Street all as shown on the attached Exhibit "B".
AP~f 137-011-09 EXHIBIT A
Grant to the City of Anaheim a portion of the Northeast quarter of the Northwest quarter
of Section 27, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de
Santa Ana, as per map recorded in Book 51, page 10 of Miscellaneous Maps, records
of said Orange County, described as follows:
Beginning at the centerline intersection of Katella Avenue and West Street as shown on
a map filed in Book 75, page 31 of Records of Surveys, in the office of the County
Recorder of Orange County; thence along the centerline of West Street S00°48'38"E,
510.44 feet (155.58 m.); thence N89°11'22"E, 45.23 feet (13.67 m.) to a point on the
existing eastern right-of-way line of West Street, said point being the True Point of
Beginning and designated as T.P.O.B. on Exhibit B; thence N89°55'07"E, 12.57 feet
(3.83 m.) to a point on anon-tangent curve concave Northeasterly having a radius of
4487.00 feet (1367.64 m.), from said point a radial line bears N89°43'58"E; thence
Southeasterly along said curve through a central angle of O1°04'40" an arc distance of
84.41 feet (25.73 m.) to a point on a tangent line; thence S00°48'38"E, 23.56 feet (7.18
m.) to a point on a curve concave Southwesterly having a radius of 370.08 feet (112.80
m.); thence Northwesterly along said curve through a central angle of 11°36'48" an arc
distance of 75.01 feet (22.86 m.) to a point of reverse curve concave Northeasterly
having a radius of 216.08 feet (65.86 m.), from said point a radial line bears
N77°34'34"E; thence Northwesterly along said curve through a central angle of
08°59'38", an arc distance of 33.92 feet (10.34 m.) to the True Point of Beginning, from
said point a radial line bears N86°34' 12"E.
CONTAINING 549 SQUARE FEET (51 mZ) MORE OR LESS.
EXHIBIT B
AP# 137-OII-09
E
w ~
LLJ ~
M ~i
~
W I ~
V
~
v
!V
LL I O
O Q
N ~
I ~
T
P. 0. B.~
N89'Il'22'E
I 45.23'
(13.67m)~
R=216.08' (65.86m)
D=08' S9' 38'
R=370.08' (I 12. 80m)I
Q= I I ° 36' 48'
RICK KREUZER ~
r a
No. azao7
* E=v- 3-31 -00 D
AREA SUMMARY
SMART STREET R/W TAKE = 548.9 S. F. t51 . Omz)
SUPPLEMENTAL R/W TAKE = 0 S. F.
TOTAL R/W TAKE = 548.9 5. F. (51 . Om2)
T. C. E. AREA = ! 08.0 S. F. f 10. Om 2)
KATELLA AVENUE
I
LEGEND:
N89°55'07'E
12. 57' f 3. 83m)
I ~ I N86° 34' 1 2'
f\ ~ (RA )D
S89'43'S8'E
(RAD)
I
~ R=4487.00' (1367.64m)
I D=01' 04' 40'
I L=84.41' (25.73m>
I
I N77°34'34'E
(RAD)
~ I ' (O. 30m) T. C. E.
I
I
I S00°48'38'E
23. 56'(7.18m)
EDEN ROE MOTEL
AP• 137-OII-09
OWNER: CONNIE FONG
PROPOSED R/W LINE 'I
- - - SMART STREET R/W L1NE u
NOT TO SCALE
---- EXISTING R/W L I NE
APP OV o en ~^ TOTAL R/W TAKE
DATE
UMA ENGINEERING, I NC KATELLA AVENUE SMART STREET
17762 COWAN STREET
IRVINE, CA 92714 APPROXIMATELY 500' SOUTH OF WEST/KATELLA INTERSECTION
DRAWN HOC CHKD~ RK DIS. MAP /~/-~ 7
03/12/98 R/W N0. S7X/ -/DG
SIGNATURE DATE GATE. 3/98 DATE: 3/gg
TEMPORARY CONSTRUCTION EASEMENT
R/W 5180-70C
EXHIBIT "(,"
A portion of the Northeast quarter of the Northwest quarter
of Section 27, Township 4 South, Range 10 West, in the Rancho
San Juan Cajon de Santa Ana, as shown on a map recorded in
Book 51, Page 10 of Miscellaneous Maps, records of Orange
County California described as follows:
A one (1) foot strip of land lying east of adjacent to and
parallel to the proposed east right-of-way line of West
Street all as shown on the attached Exhibit "B".
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
January 21, 1999
Connie L. Fong, Trustee
580 West Catalina Road
Fullerton, California 92835
RE: APN NOS. 137-011-02, 137-011-08 AND 137-011-09 R/W 5180-70A, B, & C
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF
CERTAIN REAL PROPERTY LOCATED AT 1820 AND 1830 SOUTH WEST STREET
Dear Property Owner:
This notice is sent to you under requirements of California Code of Civil
Procedure Section 1245.235. This notice concerns the property located at
1820 and 1830 South West Street in the City of Anaheim, and bearing the Orange
County Assessor Parcel Nos. 137-011-02, 137-011-08 and 137-011-09. The City of
Anaheim has been investigating the acquisition of certain property for
accommodation of the Katella Avenue Smart Street Improvements and Anaheim Resort
Area Improvements.
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. This meeting will be held at or about 6:00 p.m. on
March 16, 1999, 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.
Page 2
RE: APN NOS. 137-011-02, 137-011-08 AND 137-011-09 R/W 5180-70A, B, & C
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF
CERTAIN REAL PROPERTY LOCATED AT 1820 AND 1830 SOUTH WEST STREET
For your information and convenience, a legal description of the property is
attached to this notice.
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 comments or questions, please do not hesitate to contact Ms.
Natalie Meeks at (714) 765-5148. Thank you for your cooperation in this matter.
Very truly yours,
Na alie A. Meeks
Development Services Manager
RMG:sm
Attachments
cc: Gary E. Johnson
File
CITY OF ANAHEIM, CALIFORNIA
Public Works Department
P.O. Box 3222, Anaheim, California 92803
(714) 254-5176 FAX (714) 254-5225 www.anaheim.net
May 12, 1998
Connie L. Fong, Trustee
580 West Catalina Road
Fullerton, CA 92835
Re: APN 137-011-02, O8 and 09 R/W 5180-70 A, B and C
Offer for Acquisition by The City of Anaheim of Portions of Property
Located at 1820 and 1830 South West Street, Anaheim, California
Dear Property Owner:
This letter is being forwarded to you as the owner of record of property located at 1820 and 1830 South West Street,
Anaheim, California.
The City hereby offers to acquire a portion of your property, and more particularly described in Exhibits "A", "A-1"
and "A-2" attached hereto. This Property is sought by the City for purposes of widening and beautifying Katella
Avenue/West Street ("Project"), and consists of acquiring a fee interest.
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 $331,000 for all interests it seeks to acquire in the
Property, segregated as follows:
199,849 Land
79,656 Improvements (Exhibit "C")
49,545 Severance*
-0- Improvements Pertaining to the Realty
1,9t2 Temporary Construction Easement (Exhibit "D")
$331,000 Total Just Compensation Rounded from $330,692
*Cost to cure -reconstruct pools, pool equipment, decks and perimeter fences
This amount is for all interests, division of the amount among other parties having an interest in the Property will be
your responsibility.
This offer is for title to the fee simple interest in the Property. Payment will be made when the title to the Property
vests in the City free and clear of all recorded or unrecorded liens, encumbrances, assessments, leases and taxes, except:
1. Taxes for the year in which the Property is purchased, which shall be cleared and paid in the manner
reyuired 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 Ci[y 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 moditication 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 et sea•; 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. [f 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 [o the City, including tax returns. If you wish to explore a goodwill claim further
at this time, please contact Security Land at the number given above.
If this offer is acceptable to you, please so indicate to the undersigned, in writing. Upon your acceptance, the City will
prepare and forward to you an agreement. Upon receipt of a signed agreement, the matter will be reviewed by the City
Council, which has final ratification authority.
If for any reason you are not satisfied with this offer of just compensation, and have relevant information regarding the
value of the Property that you would like the City to consider, it will be happy to do so. If you have such information,
please contact 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 trul yours,
Armas
lment Services Manager
NA:DBC:RLC:ms
Anaheim\Katella. iv\5180-70. ABC \ol
EXHIBIT "B"
APPRAISAL SUMMARY
Project: KATELLA III AND IV (Commercial)
Location: East side of West Street, Anaheim, CA, 210.57 +!- L.F. south of Katella Avenue
Assessor Parcel Number: 137-011-02, 08, 09 R/W No. 5180-70 A, B and C
Date of Valuation: December 8, 1997
Owner: Connie L. Fong, Trustee
Property Address: 1820 and 1830 South West Street, Anaheim, CA
Zone: Commercial Recreation\SP 92-2, Anaheim Resort Specific Plan
Present Use: Motel
Highest & Best Use: Commercial recreation -motel
Total Property Area: 65,000+/- S.F. (1.49+/- acres)
Part Take, Area to be Acquired in Fee: 5,294.60 S.F.
Interest to be Acquired: Fee simple interest
Temporary Construction Easement Area: 407.90 S.F.
Improvements to be Acquired: See Exhibit "C"
Summary of Just Compensation:
Land
Improvements
Value of Part Taken
Severance Damage*
Special Benefit
Net Damages
Improvements Pertaining to the Realty
Temporary Construction Easement
$199,849
79.656
$279,505
$ 49,545
-0 -
$ 49,545
$ -0-
$ 1.912
Total Just Compensation (rounded)
$330,962 $331,000
* Cost to cure -reconstruct pools, pool equipment, decks and perimeter fences
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-47 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 16th day of March 1999, by the following vote of the members
thereof:
AYES: MAYORlCOUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOWCOUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-47 on the 16th day of March, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 16th day of March, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-47 was duly passed and adopted by the City Council of the City
of Anaheim on March 16th, 1999.
`~~ ~ ~ ~~.
CITY CLERK OF THE CITY OF ANAHEIM