RES-2006-168RESOLUTION N0.2006- 168
RESOLUTION OF THE CITY COUNCII. OF THE CITY OF
ANAHEIM DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 1780-1796 SOUTH EUCLID STREET FOR THE
PURPOSES OF THE KATELLA AVENUE SMART STREET -
NINTH STREET TO HUMOR DRIVE PROJECT
(R/W ACQ 2004-00193).
WHEREAS, the City of Anaheim has been investigating the acquisition of property located
at 1780-1796 South Euclid 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 July 11, 2006, 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 regarding the City's identification of the
"Project", and on the following matters:
A. Whether the public interest and necessity require the Project;
B. Whether the Project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
C. Whether the Property proposed to be acquired is necessary for the Project;
and
D. Whether the offer required by Government Code ~ 7267.2 had been given to
the owners of record;
and whether the City had properly exercised all of its statutory responsibilitiesand 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 Katella Avenue Smart Street -
Ninth Street to Humor Drive Project; 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. 538 certified in February 1993 under the Final Environmental Impact Report (Hereinafter
"E.I.R") through the Orange County Transportation Authority ("OCTA") for the Katella Avenue
Smart Street -Ninth Street to Humor Drive 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 Katella Avenue
Smart Street -Ninth Street to Humor Drive Project which consists of the widening and improving
of ICatella Avenue, including installation of street landscaping and public utilities. The Location of
the Project is depicted generally in the project precise alignment dated March 8, 2005 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 at 1780-1796 South
Euclid Street, Assessor Parcel No. 129-392-16. The portions of Property the City seeks to acquire,
and the Property interests sought, consist of the following:
A. Fee simple title to approximately 3,416 square feet of the Property, as more
specifically described in Exhibit "A" hereto and depicted in Exhibit "B"
attached hereto.
B. A nonexclusive, transferable temporary construction easement for building
modification over approximately 1,460 square feet of property, more
specifically described in the legal descriptions attached hereto as Exhibit "C"
in Parcel "A" and depicted in Exhibit "D" attached hereto, for the purposes
of modifying, reconstructing, relocating, repairing, or otherwise reconfiguring
existing structural improvements, for the purpose of clearing rights of way
required for the Project. The temporary construction easement permits the
City of Anaheim, its officer, agents, employees and contractors, and any
transferee of the easement rights acquired hereunder, to enter upon, occupy,
and pass over the temporary construction easement area more specifically
described as Parcel A in the legal descriptions attached hereto as Exhibit "C"
as reasonably necessary for all purposes incidental to modifying,
reconstructing, relocating, repairing, or otherwise reconfiguring existing
structural improvements for the purposes of clearing rights of way for the
Project. The temporary construction easement includes the right to perform
any necessary excavation, grading, earth fill, compaction, installation of
concrete forms, landscaping, irrigation, utility, relocation of the existing pole
sign, accommodation of private drainage facilities, deposit of tools,
equipment, and material for all such necessary activities reasonably incidental
to the work being performed. The rights granted hereunder shall commence
immediately upon written notification to the property owner, and shall
continue in full force and effect until written notice to the owner of record
-2-
62362.1
that the temporary construction easement is no longer needed, or six (6)
months after the notice of the initiation of the temporary construction
easement, whichever is earlier.
C. A temporary, nonexclusive construction easement to permit the City, and/or
its contractors, to enter onto the area more specifically described in the legal
description attached hereto as Exhibit "C" in Parcel "B" and depicted in
Exhibit "D" attached hereto, approximately 207 square feet, for the purposes
of relocating the existing billboard on the property, 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 under the Katella Avenue Smart Street -
Ninth Street to Humor Drive Project. The Temporary Billboard 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 Billboard Relocation 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 signage,
consistent with the improvements contemplated under the Katella Avenue
Smart Street -Ninth Street to Humor Drive Project. The rights conferred
under this easement shall be effective upon written notice from the City of its
contractor to the owner or occupant of the easement area of the initiation of
this Temporary Sign Construction/Relocation Easement, and shall continue
in full force and effect for six (6) months thereafter, at which point it shall
expire.
D. A temporary, nonexclusive construction easement to permit the City, and/or
its contractors, to enter onto the area more specifically described in the legal
description attached hereto as Exhibit "E" in Parcel "B", approximately 136
square feet, and Parcel "A", approximately 116 square feet, and depicted in
Exhibit "F" attached hereto, 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 "A" is a part, and
also to accommodate the public improvements contemplated under the
Katella Avenue Smart Street -Ninth Street to Humor Drive 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 Construction/Relocation Easement includes the right
-3-
62362.1
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 or pedestrian access facilities, consistent with the
improvements contemplated under the Katella Avenue Smart Street -Ninth
Street to Humor Drive Project. The temporary construction easement shall
not include the right to store any materials or park any vehicles which are not
incidental to the work to be performed on site in connection with the Project,
nor to block all vehicular access to the larger parcel of property of which the
temporary construction easement area is a part, nor exercise the uses of the
easement outside of the temporary construction easement area. In connection
with the exercise of the temporary construction easement rights hereunder,
City shall protect all structures on the temporary construction easement area
in place, and shall protect or restore all unprovements thereon. 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 for three (3) months thereafter, at
which point it shall expire.
E. A temporary construction easement over approximately 224 square feet of
Property, more specifically described in Exhibit "G" attached 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 "G",
approximately 224 square feet, and depicted in Exhibit "H" attached hereto,
as deemed reasonably necessary for all purposes incidental to reconstructing
and widening Katella Avenue in accordance with the approved street
construction on the Project. The temporary construction easement shall
include the right xo~ perform within the temporary construction easement area,
any necessary excavation; grading; earth fill; compaction; installation of
concrete forms; landscaping; irrigation; utility; and sign relocation;
accommodation of private drainage facilities; and deposit of tools,
equipment, and material for all such necessary activities which are reasonably
incidental to the work being performed on said property in connection with
the Project. ~ ,K~
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
-4-
62362.1
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, nor exercise the uses of the easement outside of the
temporary construction easement area. In connection with the exercise of the
temporary construction easement rights hereunder, City shall protect all
structures on the temporary construction easement area in place, and shall
protect or restore all improvements thereon.
The rights granted hereunder shall commence fourteen (14) days after written
notification to the property owner of the commencement of construction of
the project and shall continue in full force and effect until written notice to
the owner of recon3 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 Froject. 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, and the temporary construction
easements acquired will allow the Project to be built without sacrificing existing building
improvements on the remaining property. 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
-5-
62362.1
upgrading parkway landscaping, along with drainage improvements. This will enhance the utility
of the area and help improve traffic circulation.
SECTION V. The Property is necessary for the proposed Project, in that the roadway
widening must occur on property immediately adjacent to the existing roadway.
SECTION VI. The offer required by Government Code § 7267.2 has been made to the record
owners, by way of letter dated March 14, 2006. 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 E.I.R. No. 538,
adequately reviewed and certified in February 1993 through the OCTA, 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 E.I.R. 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.
///
///
///
62362.1
-6-
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim this 11th day of July, 2006 by the following roll-call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
CITY LERK OF C Y OF ANAHEIM
CITY ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
-7-
62362.1
EXHIBIT `A'
ACQ2004-00193
APN 129-392-16
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE SOUTH 160.00 FEET OF THE
WEST 155.00 FEET OF LOT 5 OF BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF
SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN,
AS SHOWN ON A MAP RECORDED IN BOOK 1 PAGE 33 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A PORTION OF SAID LOT 5 ALSO BEING
SHOWN ON A MAP OF TRACT NO. 2177 FILED IN BOOK 59 PAGES 36 THROUGH 37, INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONN$NCING AT THE CENTERLINE INTERSECTION OF KATELLA AVENUE AND EUCLID STREET,
AS SHOWN ON SAID TRACT MAP;
THENCE, EASTERLY ALONG SAID CENTERLINE OF KATELLA AVENUE (SHOWN AS BEING
N89°41'50"W ON SAID TRACT MAP), SOUTH 89°40'56" EAST 185.01 FEET TO THE
SOUTHERLY PROLONGATION OF A LINE BEING PARALLEL WITH AND LYING EASTERLY 155.00
FEET FROM THE WESTERLY LINE OF SAID LOT 5;
THENCE, LEAVING SAID CENTERLINE ALONG THE SOUTHERLY PROLONGATION OF SAID
PARALLEL LINE, NORTH 00°55'54" EAST 60.00 FEET TO THE NORTHERLY RIGHT OF WAY
LINE OF SAID KATELLA AVENUE (60' HALF WIDTH), AS DESCRIBED IN AN EASEMENT DEED
RECORDED AUGUST 19, 1977 AS BOOK 12345 PAGES 883-884, INCLUSIVE OF OFFICIAL
RECORDS, SAID POINT ALSO BEING THE POINT OF 8$GINNING;
THENCE, LEAVING SAID PARALLEL LINE WESTERLY ALONG SAID RIGHT OF WAY LINE NORTH
89°40`56" WEST 106.74 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 25.00 FEET;
THENCE, NORTHWESTERLY ALONG SAID CURVE 39.54 FEET THROUGH A CENTRAL ANGLE OF
90°36'50" TO THE EASTERLY RIGHT OF WAY LINE OF SAID EUCLID STREET (53' HALF
WIDTH), AS DESCRIBED IN SAID EASEMENT DEED;
THENCE, NORTHERLY ALONG LAST SAID RIGHT OF WAY LINE NORTH 00°55'54" EAST 104.74
FEET, MORE OR LESS TO THE NORTHERLY LINE OF THE SOUTH 160.00 FEET OF THE WEST
155.00 FEET OF SAID LOT 5;
THENCE, EASTERLY ALONG SAID NORTHERLY LINE SOUTH 89°40'56" EAST 14.06 FEET;
THENCE, LEAVING SAID NORTHERLY LINE, SOUTHERLY, SOUTHEASTERLY AND EASTERLY OVER
AND ACROSS SAID LOT 5 THE FOLLOWING SEVEN (7) COURSES:
1. SOUTH 11°49'43" EAST 13.44 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 59.00 FEET;
2. ALONG SAID CURVE 11.54 FEET THROUGH A CENTRAL ANGLE OF 11°12'15";
3. SOUTH 00°37'28" EAST 2.64 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 1254.00 FEET;
4. ALONG SAID CURVE 34.06 FEET THROUGH A CENTRAL ANGLE OF O1°33'22";
V:1PR0.11:C"I'S\14262.OO~surmapll)OC'\I.E:GA1.S12Nn_til-I3MIT1'AI_~30dl-RW-APN. 129-392-~6.nU(' Page 1 oft
5. SOUTH 00°55'54" WEST 43.55 FEET;
6. SOUTH 44°22'31" EAST 22.75 FEET;
7. SOUTH 89°40'56" EAST 96.83 FEET, MORE OR LESS TO SAID LINE BEING PARALLEL
WITH AND LYING EASTERLY 155.00 FEET FROM THE WESTERLY LINE OF SAID LOT 5;
THENCE, ALONG SAID PARALLEL LINE SOUTH 00°55'54" WEST 9.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING: 3,416 SQ. FT., MORE OR LESS
ALSO AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY OR '
UNDER THE ERECTION OF
LORYNE ~:"`- CHAMBER, P . L . S . 7408
MY LICENSE EXPIRES 12/31/2005
JULY 27, 2005
JN: 14262.00.000
V:\PROJEiC'I'S\142G2.OOlrurmap\DO('~,L.EGALS\2NU_SUDMI7"I'AL.~3041-RW-APN_129-392-1G.i)OC Page 2 of 2
~~~ ~~1t
AGQ 2004-00193
A.P.N. 129-392-1~
TFtE BEARWGS SFtOWN FtEREON ARE BASED UPON TFtE GRID
BEARWG OF N 89'40'56" W, AS MEASURED BETWEEN OGS
FtORIZONTAL CONTROL GPS STATION 3051 AND GPS STATION
3036, PER RECORDS ON FlLE W TtfE OFFlGE OF ThIE COUNTY
SURVEYOR a ACCEPTED FtEREON AS TFfE G/L OF KATELLA AVE.
() =RECORD DATA PER TRACT NO. 2177 M.M. 59/36-37
N89'40'56"W
50.00_ ~
~
ao ~
~
W ~
~ oc
~
O W ~
N ~,
~
W ~ ~
"' ~ ~ ~ ~
~
~ OL W
O 3 ~ O ~
~ ~ ~?
b ~J
F lo ~
W
~
C3~
30' . 23'
APN
129-392-16
- 155.00'
255.00'
REA = 13,416 5Q. FT. o
(s N
889'40'56"E 96.83'
y
p II
O
O
r•
0
O
FAIRVJFIN
COLONY TRACT
M.M. l I33
SW'LY GOR EXISTING R/W ~ ~ 1 ~ ~ ~
LOT 5 BLK 17 ~ W P.O.B.
O.R. 12345/88 -
M ~ ~ O !~ O.R. 14115/1831 ~
. _... _....... O ............. _...._... ......................_...._. ...._..... ...._..... O ~ ... ........ .... ............._....... .
_.. ... ~ O ._. ~. ~ ._......._.._~...._....
~ b `OLD LOT LINE
~ ~ KATELLA AVENUE o
P.O.G
O.G.S
BA515 OF BEARINGS ~ Z ~
589'40'56"E 185.01' I _ _ ~
(N89'41'50"W)
GPS #3036
THIS EXHIBIT WAS PREPARED
BY M OR UNDE MY DIRECTION.
LORYNE A. SCHA BER, P.L.S. 7408
MY LICENSE EXPIRES 12/31/05
w1~1 ~+2a2.oolsu~wwlowrls~a~aa~.ag
PORTJON OF LO7 5
BLOCK ]7
SUBD. S ] / 2 S~C2 ]
TES R ] 011 SBJvI
I I
Lam- Li
V
J
The Keith Companies
DATE: 07/27/05 ~ JOB NO. 14262.00.000
SHEET 1 ^F 1
N'LY LINE OF S'LY
260.00' OF LOT 5
LINE TABLE
No. Bearing Length
Li 889'40'56"E 14.06'
L2 Sll'49'43"E 13.44'
L3 500'37'28"E 2.64'
L4 500'55'54"W 43.55'
L5 844'22'31"E 22.75'
16 500'55'54"W 9.00'
L7 N89'40'56"W 3.00'
CURVE TABLE
No. Radius Delta Length
G1 25.00' 90'36'50" 39.54'
G2 59.00' 11'12'15" 11.54'
G3 1254.00' 01'33'22" 34.06'
~~
~ 4 • `~~ ~~
>n ~`~~4 , ~~!
m
~ ~ ~~1
a
~~
LXI3IBIT `C'
ACQ2004-00193
APN 129-392-16
T]3MPORARY CONSTRUCTION EASEMENT
FOR BUILDING MODIFICATION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE SOUTH 160.00 FEET OF THE
WEST 155.00 FEET OF LOT 5 OF BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF
SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN,
AS SHOWN ON A MAP RECORDED IN HOOK 1 PAGE 33 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A PORTION OF SAID LOT 5 ALSO BEING
SHOWN ON A MAP OF TRACT NO. 2177 FILED IN BOOK 59 PAGES 36 THROUGH 37, INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
PARCEL A
BEING A STRIP OF LAND, 10.00 FEET WIDE, THE SOUTHERLY, SOUTHWESTERLY AND
WESTERLY SIDELINES OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CO>I~CIB~(i AT THE CENTERLINE INTERSECTION OF KATELLA AVENUE AND EUCLID STREET,
AS SHOWN ON SAID TRACT MAP;
THENCE, EASTERLY ALONG SAID CENTERLINE OF KATSLLA AVENUE (SHOWN AS BEING
N89°41'50"W ON SAID TRACT MAP), SOUTH 89°40'56" EAST 185.01 FEET TO THE
SOUTHERLY PROLONGATION OF A LINE BEING PARALLEL WITH AND LYING EASTERLY 155.00
FEET FROM THE WESTERLY LINE OF SAID LOT 5;
THENCE, LEAVING SAID CENTERLINE ALONG THE SOUTHERLY PROLONGATION OF SAID
PARALLEL LINE, NORTH 00°55'54" EAST 60.00 FEET TO THE NORTHERLY RIGHT OF WAY
LINE OF SAID KATELLA AVENUE (60' HALF WIDTH), AS DESCRIBED IN AN EASEMENT DEED
RECORDED AUGUST 19, 1977 AS BOOK 12345 PAGES 883-884, INCLUSIVE OF OFFICIAL
RECORDS;
THENCE, CONTINUING ALONG SAID PARALLEL LINE NORTH 00°55'54" EAST 9.00 FEET;
THENCE, LEAVING SAID PARALLEL LINE NORTH 89°40'56" WEST 43.69 FEET TO THE POIIiT
OF 88{3INAIN6;
THENCE, CONTINUING NORTH 89°40'56" WEST 53.14 FEET;
THENCE, NORTH 44°22'31" WEST 22.75 FEET;
THENCE, NORTH 00°55'54" EAST 43.55 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 1254.00 FEET;
THENCE, NORTHERLY ALONG SAID CURVE 34.06 FEET THROUGH A CENTRAL ANGLE OF
O1°33'22";
THENCE, NORTH 00°37'28" WEST 0.72 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT `A', SAID POINT ALSO BEING THE POINT OF T8R>ia<INATIO~T OF THE HEREIN
DESCRIBED LINE.
CONTAINING: 1,460 SQ. FT., MORE OR LESS
V:WROJECTSU4262.OO~surnnap~DOC1LEGALS1Fina1 Submitta113041-BLDG-APN 129-392-16.DOC Page 1 of 2
THE SIDELINES OF SAID STRIP SHALL BS LENGTHENED AND OR SHORTENED SO AS TO
TERMINATE EASTERLY IN A LINE DRAWN AT RIGHT ANGLES THROUGH SAID POINT OF
BEGINNING, NORTHERLY IN A LINE DRAWN AT RIGHT ANGLES THROUGH SAID POINT OF
TERMINATION, AND SHALL MEET AT ANGLE POINTS.
PARCEL S
SE(iINNI1iG AT THE HEREINABOVE DESCRIBED POINT `A';
THENCE, NORTH 00°37'28" WEST 1.92 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 59.00 FEET;
THENCE, NORTHERLY ALONG SAID CURVE 5.49 FEET THROUGH A CF~aT• ANGLE OF
05°19'46";
THENCE, SOUTH 89°38'38" EAST 29.27 FEET;
THENCE, SOUTH 00°21'22° WEST 6.90 FEET;
THENCE, SOUTH 89°22'32" WEST 28.90 PEST TO THE POINT OS 88QIaTNIlPQ.
CONTAINING: 207 SQ. FT.. MORE OR LESS
ALSO AS SHOWN ON EXHIBIT `D', 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 E DIRECTION OF:
LORYNE A. SCHAMBER, P.L.S. 7408
MY LICENSE EXPIRES 12/31/2007
JULY 27, 2005
REVISED JUNE 23, 2006
JN: 14262.00.000
V:1PR0)ECTS\14262.OOlwrtnap~DOG1LEGALS1Fina1 Submitta111041-BLDG-APTI_124-392-16.DOC Page 2 Of 2
~:1:~~=::li~~~
AGQ 2004-00193
A.P.N_ 129-392-16
TEMPORARY CONSTRUCTION BASEMENT
POR BUILDING MODIFICATION
THE BEARNGS 5HOWN HEREON ARE BASED UPON THE GRID
BEARNG OF N 8440'56" W. A5 MEASURED BETWEEN OG5
HORCLONTAL CONTROL GP5 STATION 3051 AND GPS STATION
3036. PER RECORDS ON FEE N THE OFFICE OF THE COUNTY
SURVEYOR C ACCEPTED HEREON AS THE C/L OF KATELLA AVE.
~ () ~ RECORD DATA PER TRACT NO. 2177 M.M. 59/36-37
I
_ 50.00' _
6 .07' ~
584 '56"E
~ 3
~ ~
fir, W \ ~} ~
o ~ ~ Z ~
lil *.. .-. ~ ~ V
$~g o a~
~ ~
b ~ ~ ~m
,$ W o
~.~
~ ~ ~ J
30' 23'
Z I ~ ~~
CUR VE TABLE
No. Radius Delta Length
Gl 1254.00' 01'33'22" 34.06'
G2 59.00' 05'19'46" 5.49'
G3 59.00' 05'52'24' 6.05'
L13
>~ S ~~ fG~.~1
G
Lll J PpJ ~""
POR710N OF LO7
BLOCK i7 SUBD.
Si/2 5EC2i
7dS R i 0>~! SBM
APN
129-392-16
255.00'
155.00'
pp --~~ ti~
10.00' p Q P ~
~~-
L2
P.OB. PARCEL A
' SW1Y GOR
LOT 5 BLK 17
- --- Oi-.
I `~ o
P.O.C ~
O.G.S. GPS #3030
THIS IXHIBIT PREPARED ~ WNI
SC.
BY M OR U D R MY DIRECTION. v~+o~
III
O I1~
O
I"
5
O
0
O
0
SHEET i ~F 1
N'LY LNE OF 5'LY
260.00' OF LOT 5
~~
~~
4~
LNE TABLE
No. Be Le
Ll NOO'S5'S4"E 9.00'
L2 N8440'S6"W 43.69'
L3 N8440'5G"W 53.14'
L4 N44'22'31"W 2275'
L5 NOO'55'54"E 43.55'
L6 NOO'37'28"W 0.72'
L7 N00'37'28"W 1.92'
L8 N84'02'46"E -
L9 589'38'38"E 29.27'
L10 500'21'22"W G.90
Lll 589'22'32"W 28.90'
L12 N1149'43"W 13.44'
L13 N8440'56"W 17.06'
a~w~~~
4 ,
~'~ ~~ N.A.P.
TRACT NO. 2 i 77
M.M. 59/36--37
~ ~ EXISTNG R/W ~
REIF. OB/23/08
~Oin
b ~ OLD LOT LNf
~ Z ~ KATELLA AV~NUF
BA515 OF BEARINGS
_ ~ 589'40'56"E 185.01'
QV8441'50"W)
tORYNE A. SCHAMBER, P.LS 7408
MY LICENSE EXPIRES 12/3f/D7
EXHIBIT `E'
ACQ2004-00193
APN 129-392-16
TS'~4PORARY CONSTRUCTION EASE~NT
FOR DRIVEWAYS
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE SOUTH 160.00 FEET OF THE
WEST 155.00 FEET OF LOT 5 OF BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF
SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN,
AS SHOWN ON A MAP RECORDED IN BOOK 1 PAGE 33 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A PORTION OF SAID LOT 5 ALSO BEING
SHOWN. ON A MAP OF TRACT NO. 2177 FILED IN BOOK 59 PAGES 36 THROUGH 37, INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THS COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
PARCEL A
BEING A STRIP OF LAND, 4.00 FEET WIDE, THE SOUTHERLY SIDELINE OF SAID STRIP
$EING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CO~NCINO AT THE CENTERLINE INTERSECTION OF KATELLA AVENUE AND EUCLID STREET,
AS SHOWN ON SAID TRACT MAP;
THENCE, EASTERLY ALONG SAID CENTERLINE OF KATELLA AVENUE (SHOWN AS BEING
N89°41'50"W ON SAID TRACT MAP), SOUTH 89°40'56" BAST 185.01 FEET TO THE
SOUTHERLY PROLONGATION OF A LINE BEING PARALLEL WITH AND LYING EASTERLY 155.00
FEET FROM THE WESTERLY LINE OF SAID LOT 5;
THENCE, LEAVING SAID CENTERLINE ALONG THE SOUTHERLY PROLONGATION OF SAID
PARALLEL LINE, NORTH 00°55'54" EAST 60.00 FEET TO THE NORTHERLY RIGHT OF WAY
LINE OF SAID KATELLA AVENUE (60' HALF WIDTH), AS DESCRIBED IN AN BASEMENT DEED
RECORDED AUGUST 19, 1977 AS BOOK 12345 PAGES 883-884, INCLUSIVE OF OFFICIAL
RECORDS;
THENCE, CONTINUING ALONG SAID PARALLEL LINE NORTH 00°55'54" EAST 9.00 FEET;
THENCE, LEAVING SAID PARALLEL LINE NORTH 89°40'56" WEST 14.70 FEET TO THE POINT
OF SE(~I>NNINA;
THENCE, NORTH 89°40'56" WEST 29.00 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT `A', SAID POINT ALSO BEING THE POINT OF TSRNINATI02T OF THE HEREIN
DESCRIBED LINE.
CONTAINING: 116 SQ. FT., MORE OR LESS
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED SO AS TO
TERMINATE EASTERLY IN A LINE DRAWN AT RIGHT ANGLES THROUGH SAID POINT OF
BEGINNING AND WESTERLY IN A LINE DRAWN AT RIGHT ANGLES THROUGH SAID POINT OF
TERMINATION.
PABCSL 8
BEING A STRIP OF LAND, 7.00 FEET WIDE, THE WESTERLY SIDELINE OF SAID STRIP BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
V:\PROJECTS114262.001surmeplDOC~LEGALS1Fina1_Submicm1~3041-TC&APN 129-392-i6.DOC Page 1 of 2
SSGINNING AT THE HEREINABOVE DESCRIBED POINT `A';
THENCE, NORTH 89°40'56" WEST 53.14 FEET;
THENCE, NORTH 44°22'31" WEST 22.75 FSST;
THENCE, NORTH 00°55'54" EAST 43.55 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 1254.00 FEET;
THENCE, NORTHERLY ALONG SAID CURVE 34.06 FEET THROUGH A CENTRAL ANGLE OF
O1°33'22";
THENCE, NORTH 00°37'28" WEST 2.64 FEET TO THE BEGINNING OF A CURVB CONCAVE
WESTERLY AND HAVING A RADIUS OF 59.00 FEET;
THENCE, NORTHERLY ALONG SAID CURVE 5.49 FEET THROUGH A CENTRAL ANGLE OF
05°19'46" TO THE TRUE POINT OF BSGI>1tNING;
THENCE, CONTINUING ALONG SAID CURVE 6.05 FEET THROUGH A CENTRAL ANGLE OF
05°52'29";
THENCE, NORTH 11°49'43° WEST 13.44 FEET, MORE OR LESS TO THE NORTHERLY LINE OF
THE SOUTH 160.00 FEET OF THE WEST 155.00 FEET OF SAID LOT 5, SAID POINT ALSO
BEING THE POI>o1T OF TSRILI>sTATION OF THE HEREIN DESCRIBED LINE .
CONTAINING: 136 SQ. FT., MORE OR LESS
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND OR SHORTENED SO AS TO
TERMINATE NORTHERLY IN SAID NORTHERLY LINE THE SOUTH 160.00 FEET OF THE WEST
155.00 FEET OF LOT 5, SOUTHERLY IN A LINE DRAWN THROUGH SAID POINT OF BEGINNING
WHICH BEARS SOUTH 89°38'38" EAST, AND SHALL MEET AT ANGLE POINT.
ALSO AS SHOWN ON EXHIBIT `F', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS,
RIGHTS-OF-WAY OF RECORD, IF ANY.
EASEMENTS AND
PREPARED BY OR
UNDER THE IRECTION OF:
~ ~-ND 8`
9
~. `~~ LORYNE A. SCHAMBER, P.L.S. 7408
' O~ MY LICENSE EXPIRES 12/31/2006
ESP! ~
NO.7~Q8 * JULY z 7, 2 0 0 5
REVISED JUNE 23, 2006
~' JN: 14262.00.000
v:\PROJECTS\14262.001surtnrplDOC~L.EGAiS\Final_Submittal\~041-TCE-APN_129-392-16.DOC Page 2 oft
~~~ :~
AGQ 2004-00193
A.P.N. 129-392-16
TEMPORARY CONSTRUCTION
BASIS,QF BEARINGS FOR DRIVEWAYS
THE BEARNGS SHOWN HEREON ARE BASED UPON
THE GRID BEARNG OF N 89'40'56" W. AS MEASURED
BETWEEN OGS HORIZONTAL CONTROL GPS STATION
3051 AND GPS STATION 3036. PER RECORDS ON
ALE N THE OFFlCE OF THE COUNTY SURVEYOR e
ACCEPTED HEREON AS THE G/L OF KATELLA AVE.
() ° RECORD DATA PER
TRACT NO. 2177
M.M. 59/36-37
CUR VE TABLE
No. Radius Daltn Length
Gl 1254A0' 01'33'22" 34.06'
G2 59.00' 05'19'46" 5.49'
G3 59.00' 05'52'29" 6.05'
G4 66.00' 06'32'47" 7.54'
O
II! O
O
'~ ~
~ L 2 9 P.O.T. PGL B
N89'40'
o"W
~ O ~~
~'
~ ~~
PARCEL B
~
AREA a ti36 SQ. FT.
~ ~ "~v Lll
.
~~ W ~$ ~ POR7tON OF L07 5
°o
_
o
W
~
~
~
'~ m °° BLOCK ] 7 SUBD. o
J
.~+ ~ t~ ~ ~I ~ S ~ / L SEC2 ~ 745 a
3
~
~
R i o1N sBM 0
p ' '"
b ~ ~ 255.00
0 '
~ I b 155.00
.
~ APN
c~ 129-392-16
30' 23' O
PARCEL A
~,
AREA ° *116 Sf.l. FT.
PONT 'A'
SW'LY COR P.O.T. PGL A L2
I LOT 5 BLK 17 P.09. PCL B
~O ~OR. 12345/S83
--- ~ ' `OLD LOT LNE
SHEET i OF 1
EASEMENT
N'LY LWE OF S'LY -
260.00' OF LOT 5
LINE TABLE
No. Beating
L1 NOO'55'54"E 9.00'
L2 N89'40'56"W 14.70'
L3 N89'40'56"W 29.00'
L4 N89'40'56"W 53.14'
L5 N44 22'31"W 22.75'
LG NOO'S5'S4"E 4355'
L7 N00'37'28"W 2.64'
L9 N1149'43"W 13.44'
L9 589'40'56"E 7.16'
L10 511'49'43"E 11.93'
Lll 58~T38'38"E 7.04'
L12 N89'40'56"W 17.06'
Li3 N84 02'46"E -
RS 35! 8 ~~ ~
q• 2 ~
~~~~ 1~~/
~~ ~~
~ ~'~• ~'AlRV1E11Y
COLONY 7RAC7
M.M. f /33
P.O.B. PGL A
J
+~ EXISTNG R/W
~~
old
I P.o.c ~ ~ KATELLA AVENUE ~ ~ Z
O.G.S. GPS #3036 BA515 OF BEARINGS ~ - -
589'40"36"E 185.01'
9'41'S0"W)
~O N~G_ REV:06/23/OB
THIS EXHIBIT WAS PREPARED
BY E OR U R MY DIRECTION.
LOR1'NE A. SCHAMBER, P.L.S 7408
MY LICENSE IXPIRES 12/31/07
EXHIBIT `G'
ACQ2004-00193
APN 129-392-16
TEMPORARY CONSTRIICTION BASS~NT
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THS CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE SOUTH 160.00 FEET OF TH8
WEST 155.00 FEET OF LOT 5 OF BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF
SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN
ON A MAP RECORDED IN BOOK 1 PAGE 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, A PORTION OF SAID LOT 5 ALSO HEING SHOWN ON A
MAP OF TRACT NO. 2177~FILED IN BOOK 59 PAGES 36 THROUGH 37, INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING
WITHIN A STRIP OF LAND 1.00 FEET WIDE, THE SOUTHERLY, SOUTHWESTERLY AND
WESTERLY LINES OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
C08B®TCI~iG AT THE CENTERLINE INTERSECTION OF KATELLA AVENUE AND EUCLID STREET,
AS SHOWN ON SAID TRACT MAP;
THENCE, ALONG SAID CENTERLINE OF KATELLA AV8NU8 (SHOWN AS BEING N89°41'50"W ON
SAID TRACT MAP), SOUTH 89°40'56" EAST, 185.01 FEET TO THE SOUTHERLY
PROLONGATION OF A LINE BEING PARALLEL WITH AND LYING EASTERLY 155.00 FEET FROM
THE WESTERLY LINE OF SAID LOT 5;
THENCE, ALONG THE SOUTHERLY PROLONGATION OF SAID PARALLEL LINE, NORTH 00°55'54"
EAST, 60.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID KATELLA AVENUE (60'
HALF WIDTH), AS DESCRIBED IN AN EASEMENT DEED RECORDED AUGUST 19, 1977 AS BOOK
12345 PAGES 883-884, INCLUSIVE OF OFFICIAL RECORDS;
THENCE, CONTINUING ALONG SAID PARALLEL LINE, NORTH 00°55'54" BAST, 9.00 FEET TO
THE POIlaT OF 8$AI~TINC~;
THENCE, LEAVING SAID PARALLEL LINE, NORTH 89°40'56" WEST, 96.83 FEET;
THENCE, NORTH 44°22'31" WEST, 22.75 FEET;
THENCE, NORTH 00°55'54" EAST, 43.55 FEET TO THS BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 1254.00 FEET;
THENCE, NORTHERLY ALONG SAID CURVE 34.06 FEET THROUGH A Cg~tmT. ANGLE OF
O1°33'22";
THENCE, NORTH 00°37'28" WEST, 2.64 FSST TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 59.00 FEET;
THENCE, NORTHERLY ALONG SAID CURVE 11.54 FEET THROUGH A CENTRAL ANGLE OF
11°12'15";
THENCE, NORTH 11°49'43" WEST, 13.44 FEET, MORE OR LESS, TO THE NORTHERLY LINE
OF THE SOUTH 160.00 FEET OF THE WEST 155.00 FEET OF SAID LOT 5, SAID POINT
BEING THS POINT OF TSRMINATIOIi< OF THS HEREIN DESCRIBED LINE.
THE SIDELINES OF SAID STRIP SHALL BS LENGTHENED OR SHORTENED SO AS TO TERMINATE
NORTHERLY AT SAID NORTHERLY LINE OF THE SOUTH 160.00 FEET OF THE WEST 155.00
V:~PROIECfS114262.OOAsum~aplDOC~LEGAI,S~Fina1 Submitta1~3041-'1~CCE2-APN_129-392-16.DOC Pagelof2
FEET OF LOT 5, AND EASTERLY AT SAID LINE PARALLEL WITH AND EASTERLY 155.00 FEET
FROM THE WESTERLY LINE OF SAID LOT 5.
CONTAINING: 224 SQ. FT., MORE OR LESS
ALSO A3 SHOWN ON EXHIBIT `H', ATTACHED HBRETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD, IF ANY.
tiAh~ "'ti
O
}i PREPARED BY:
~ ~~G
~ SC~!
~ I'~~!! STANTEC CONSULTING INC.
U
~.
.~ $ r~ NDER TH IRECTION OF:
~
~
~Q O
j ..~ p(p f ! 3f
,~ ~ ~~ * LORYNE A. SCHAMBER, P.L.S. 7408
~_~ ~ MY LICENSE EXPIRES 12/31/2007
JUNE 27, 2006
JN: 2042426200
V:IPROJECTS~14262.OOIsummplDOG1L.EGAIS1Fina1 Submitta113041-TCE2-APN_129-392-16.DOC Pogo 2 of 2
EXHI~T 'H'
AGQ 2004-00193
A.P.N. 129-392-16
TEMPORARY CONSTRUCTION EASEMENT
TF1E BEARNGS SFtOWN ItEREON ARE BASED UPON THE GRID BEARNG
OF N 89'40'56" W. AS MEASURED BETWEEN OG5 FfORIZONTAL
CONTROL GP5 STATION 3051 AND GPS STATION 3036. PER
RECORD5 ON FY.E N Tt1E OFFICE OF TFfE COUNTY SURVEYOR t ~
ACCEPTED HEREON AS TI1E C/L OF KATELLA AVE.
II
() ~ RECORD DATA PER
TRACT NO. 2177
M.M. 59/36-37
I
CURVE TABLE
No. Radius Delta
Gi 1254A0' 01'33'22" 34.06'
C2 59.00' 1Y12'15" 11.54'
N
O
O
O
.~
~ L I
N8Y40'5G"W
r
L6
C2 POR7JON OF LO7 5
~ L5
BLOCK i7 SUBD.
S
°
o W ~ ~ i/E S~C2] T4S
o,
w ~ ~ ~ ~ ~ R i oW SBM N
~ g
3 ~ ~ '~`' 0
~ t 9
b ~ ~ 0 255.00
'
n 155.00
I '
1.00
TCE A~
~ J
c~+ 129-392-16
~, 23,
AREA ~ t224 SQ. FT.
I !~
~
0 ~ I
5W'LY COR
LOT 5 BLK 17
OLD LOT LNE
$ ~
_ O _~
SHEET 1 OF 1
N'LY LNE OF 51Y
260.00' OF LOT 5
LNE TABLE
No. Baaring Length
Ll NOO'55'54"E 9.00'
L2 N89'40'56"W 96.83'
L3 N44'22'31"W 22.75'
L4 NOOr55'54"E 43.55'
L5 NOOr37'28"W 2.64'
LG N3149'43"W 13.44'
L7 N89'40'56"W 17.06'
R5 35/8 1~ ~
Q• 2 ~
~~~Q 1~~/
~~ ~~
~ ~'~. FA1RV1~1N
COLONY 7RAG7
M.M. i 133
P.O.B.
,.. EXISTNG R/W
J
~OR. 12345/883
I P.o.c ~ ~ KATELLA AVENUE ~ ~ ~
BA51S OF BEARMGS ~
O.G.S. GP5 #3036 / - ~ - -
1 589'40'56"E 185.01'
siun ~ QN89'41'S0"W)
THIS EXHIBIT WAS PREPARED
81' ME OR MY DIRECTION.
LORYNE A SCHIIMBER, PLS 7408
REGISTRATION E70'1RE;~ 1Z/31/07
City of Ar Seim
DEPARTMENT OF PUBLIC WORKS
14, 2006
Auon, Inc.
P.O. Box 308
,Buena Park, CA 90621-0308
Law Offices Of Briggs & Alexander
Att: Leon Alexander
558 S. Harbor Blvd., Suite C
Anaheim, CA 92805
Re: APN:129-392-16
Project: Katella Ave./Smart Street
Offer for Acquisition by The City of Anaheim
Property Address: 1780-1796 S. Euclid St., Anaheim, California
Dear Mr. Owen,
This letter is being forwarded to you as the owner of record of property located at,
1780-1796 S. Euclid St., Anaheim, Califomia.
The City of Anaheim (City) hereby offers to acquire a portion of your property, and
more particularly described in Exhibit "A" attached hereto. This Property is sought by
the City for purposes of widening portions of Katella Avenue and Euclid Street (Project)
and consists of acquiring a fee interest and temporary construction easement (Exhibits
"C-1"and °C-2" collectively called "Property").
The Property has been appraised by Stephen G. White, . 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 $1,265,060.00 for all interests it seeks to acquire in the Property and the net
severance damage to the remainder property, segregated as follows:
$349,200.00 Land & Improvements
911,000.00 Net Severance Damages
4.860.00 Temporary Construction Easement
$1,265,060.00 Total Estimated Value
$1,265,060.00 Total Just Compensation
warw.anaheim.net
This amount is for all interests, division of the amount among other parties having an
interest in the Property will be your responsibility.
P.O. Box 3222.
Anaheim, California 92803
TEL (714) 765-5178
FAX (714)765-5225
This offer is for title to the fee simple interest in the Property. Payment will be made
when the title to the Property vests in the City free and clear of all recorded or
unrecorded liens, encumbrances, assessments, leases and taxes, except:
1. Taxes for the year in which the Property is purchased, which shall be
cleared and paid in the manner required by Section 5086 of the Revenue
and Taxation Code, if unpaid at the time escrow for the purchase closes;
2. Covenants, conditions, restrictions and reservations of record, that do not
interfere with the City's proposed use of the Property;
3. ~ Easements or rights-of--way over the land for public orquasi-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 et se .; Relocation Assistance and Real
Properly 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, Roger Cunningham at Security Land & Right of Way
Services, Inc. at (562} 988-9285.
Please be advised that Califomia 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 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 truly, yours,
Meeks ~ v
~ment Services Manager
NM:DBC:RLC:rb
EXHIBIT "B"
APPRAISAL SUMMARY (Partial Take)
Project: Katella/Smart Street (Ninth Street to Humor Dr.)
Location: 1780-1796 S. Euclid Street, Anaheim, CA
Assessor Parcel Number: 129-392-16
ACQ: 2004-00193
Date of Valuation: January 5, 2006
Owner: Auon, Inc.
Zone: CG (Commercial, General)
Present Use: Multi-tenant retail building
Highest 8 Best Use: As Improved
Total Property Area: 17,026 S.F.
Part Take, Area to be Acquired: 3,416 S.F.
Interest to be Acquired: Fee simple interest
Temporary Construction Area: (12 month period): 1,667 S.F. (3 month period) 276 S.F
Improvements to be Acquired: Building area, paving, landscaping and wrought iron fencing
Summary of Just Compensation:
Land $153,720.00
Improvements 195.480.00
Value of Part Taken $349,200.00
Net Severance Damage $911,000.00
Temporary Construction 4.860.00
Total Just Compensation $1,265,060.00
The Improvements Pertaining to the Realty (if applicable) installed or in place on your property have been
appraised by an appraiser qualified in making appraisals of such items of Improvements Pertaining to the
Realty and the City's attorney has determined which items of Improvements Pertaining to the Realty are a part
of the real property for purposes~of the City's purchase of your property, but no determination of ownership
has been established.
The determination of market value of the property being acquired is based upon a market value appraisal
prepared in accordance with accepted appraisal procedures. The value of the property is based upon an
analysis of recent sales of comparable sites and similar properties in this locality with consideration of the
highest and best use for development of the property.
FAIR MARKET VALUE, as used in the appraisal, 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 doing so, nor
obligated to sell, and a buyer being ready, willing and able to buy but under no particular necessity for doing
so, each dealing with the other with full knowledge of all the uses and purposes for which the property is
reasonably adaptable and available." (Code of Civil Procedure Section 1263.320)
Pursuant to State law, any decrease or increase in the value of the property to be acquired prior to the date of
valuation caused by the public improvements or project for which the property is to be acquired, or by the
likelihood that the property would be acquired for such an improvement or project, other than that due to
physical deterioration within the reasonable control of the owner, has been disregarded by the appraiser in
making the determination of the fair market value of the property.
In reaching the conclusion on fair market value, the appraiser has given full and careful consideration to the
highest and best use for the property and to all features inherent in the property affecting its market value.
This summary of the basis of the amount offered as just compensation is presented in compliance with federal
and state laws and has been derived from a formal appraisal prepared by an independent fee appraiser,
Stephen White, MAI, which includes supporting sales data and other documentation which is attached hereto.
Anaheimll(atella/Smart/AS
VALUATION
r METHOD OF ANALYSIS
~~ First, the lazger parcel is to be valued, in order to estimate the value of the proposed
acquisition or part taken as a part of the lazger parcel in the Before Condition. The
valuation of the larger pazcel is based on the Cost Approach, the Sales Comparison
f ~ . Approach and the Income Approach.
'! The Cost Approach is a method of valuation that is based on an estimate of the land
value as if vacant together with an estimate of the depreciated cost new of the
improvements. The Sales Comparison Approach is a method of valuation that is
- based on a comparison of recent sales of reasonably similar properties from the
general area as compazed to the subject property. The Income Approach is a method
of valuation that is based on an estimate of the net rental income that can be
:; ~ ~ generated by the subject property, which is then capitalized into a value indication.
Then, the value of the proposed fee acquisition or part taken from the lazger parcel in
:~- the Before Condition is first estimated based on all three approaches to value. This
value includes the land, building an'd site improvements that are within the proposed
acquisition. Then, the value of the temporary construction easements is estimated.
's
Lastly, consideration is given to any severance damages and benefits to the
remainder property in the After Condition, resulting from the proposed acquisition
~ and improvements. In this case, since the proposed acquisition results in a partial
' take of the existing building, a study has been completed by Dayton Associates-
Architects in order to estimate the costs to modify and rebuild the west and
southwest portions of the building (exterior and interior) in the After Condition, as
well as to relocate the existing monument sign, construct another monument sign,
and modify the billboard sign.
28
City of Anaheim
DEPARTMENT OF PUBLIC W0~2KS
www.anaheim.nel
Apri128, 2006
Auon, Inc.
P.O. Box 308
Buena Park, CA 90621-0308
RE: APN 129-392-16 - R%W ACQ2004-00193
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 1780-1796
SOUTH EUCLID 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 1780-17.96 South Euclid Street in
the City of Anaheim, and bearing the Orange County Assessor Parcel No. 129-392-16. The
City of Anaheim has been investigating the acquisition of certain property for
accommodation of the Katella Avenue Smart Street -Ninth Street to Humor Drive project.
California Code of Civil Procedure Section 1240.030 provides that the power of eminent
domain may be exercised to acquire property for a proposed public project if the following
conditions are established:
A. The public interest and necessity require the project.
B. The project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury.
C. The property sought to be acquired is necessary for the project.
D. The offer required by Section 7267.2 of the Government Code has been made to the
owner of record.
This notice is sent to inform you that the City Council of the City of Anaheim will be asked
to decide if the above conditions are met concerning the City's acquisition of the
above-referenced property, and whether the City has complied with all other procedural
requirements for utilizing the power of eminent domain to acquire the property. City
Council will also be asked to make a finding that the environmental impacts associated with
the proposed acquisition and the project for which the property is proposed to be acquired,
the Katella Avenue Smart Street -Ninth Street to Humor Drive project, has been adequately
reviewed and certified in February 1993 under the Final Environmental Impact Report No.
538 (EIR) through the Orange County Transportation Authority (OCTA).
P.O. Box 3222.
Anaheim, California 92803
TEL (714} 765-5176
FAX (714)765-5225
1'aec ? uC
April 3K, 20UG
SuUjcct: i\otice of Intent to Adopt a Resolution of ~t.~crssity fur .acquisition of Certain Real Property l.txated atl7$U-1796 South Euclid
Strcct
This meeting will be held at or about 5:30 p.m. on June 13, 2006, 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.
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 questions, please do not hesitate to contact me at (714) 765-5148. Thank
you for your consideration in this matter.
Very truly yours,
~... f w~
N lie A. Meeks
D velopment Services Manager
RMG:pr
Attachment
H:VIDMINILETIERS~DEVE[APMENT SRVC5IREAL PROPER7'YVtICHARI)1RMG-Reu+or Ntcesxiq•-1780.1796 South Euc1iJ Stfeet.Jnt:
c Gary E.Iohnson
City Clerk
File
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
www.anaheim.net
April 28, ?006
Law Offices of Briggs & Alexander
Attn: Leon Alexander
558 South Harbor Boulevard. Suite C
Anaheim, CA 92805
RE: APN 129-392-16 -.R/W ACQ2004-00193
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 1780-1796
SOUTH EUCLID 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 1780-1796 South Euclid Street in
the City of Anaheim, and bearing the Orange County Assessor Parcel No. 129-392-16. The
City of Anaheim has been investigating the acquisition of certain property for
accommodation of the Katella Avenue Smart Street -Ninth Street to Humor Drive project.
California Code of Civil Procedure Section 1240.030 provides that the power of eminent
domain may be exercised to acquire property for a proposed public project if the following
conditions are established:
A. The public interest and necessity require the project.
B. The project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury.
C. The property sought to be acquired is necessary for the project.
D. The offer required by Section 7267.2 of the Government Code has been made to the
owner of record.
This notice is sent to inform you that the City Council of the City of Anaheim will be asked
to decide if the above conditions are met concerning the City's acquisition of the
above-referenced property, and whether the City has complied with all other procedural
requirements for utilizing the power of eminent domain to acquire the property. City
Council will also be asked to make a finding that the environmental impacts associated with
the proposed acquisition and the project for which the property is proposed to be acquired,
the Katella Avenue Smart Street -Ninth Street to Humor Drive project, has been adequately
reviewed and certified in February 1993 under the Final Environmental Impact Report No.
538 (ElR) through the Orange County Transportation Authority (OCTA).
P.O. Box 3222.
Anaheim, California 92803
TEL (714) 765-5176
FAX (714) 765-5225
I'agc 2 of ,
April 2K. _UUG
Suhjcct: Nrnice ul' Intent to Adopt a Resolution of Necessity for Acyuisitiun of Certain Real Property Lix:atcd a117R0-17~)G South Euclid
Strcct
This meeting will be held at or about 5:30 p.m. on June 13, 2006, 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.
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 questions, please do not hesitate to contact me at (714) 765-5148. Thank
you for your consideration in this matter. .
Very truly yours,
~~~~ ~ •~
~`~
N talie A. Meeks
evelopment Services Manager
RMG:pr
Attachment
H:WDMINII.EI7'ERSV)EVEI.OPMENT SRVCSIREAL PROPF.RTYIRICHARD~R.MG-Resu of Nceessity-I7li0-1796 Snuth Euclid S~ren.Jnc
c Gary E. Johnson
City Clerk
File