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92-167 RESOLUTION NO. 92R - 167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. (RW 6000-10 Patel) The City Council of the city of Anaheim does hereby resolve and determine, by a vote of not less than two-thirds of its members, as follows: SECTION I. That the public interest and necessity require the acquisition of the hereinafter described real property, or interest in real property, for a public use and improvement, to wit: road and public utility purposes. SECTION II. The City of Anaheim is authorized to acquire the hereinafter described real property, or interest in real property, pursuant to Government Code Section 37350.5. SECTION III. The city Council of the city of Anaheim finds and determines that: A. The public interest and necessity require the proposed project. B. The proposed 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 hereinafter described real property, or interest in real property, is necessary for the proposed project. D. The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. SECTION IV. That the city of Anaheim is hereby authorized and empowered to acquire by condemnation in the name of the City of Anaheim to be used for said road and public utility purposes in accordance with the provisions of the Code of civil Procedure and the Constitution of California relating to eminent domain, the fee title to the following described real property, unless a lesser estate is expressly described. The said real property or interest in real property is specifically described on Exhibit A, attached hereto and incorporated by reference herein. SECTION V. In the event that any real property, or interest in real property, as described in Section IV, is devoted to a public use, the city of Anaheim is hereby authorized to acquire by eminent domain, said property pursuant to Code of Civil Procedure Section 1240.610. SECTION VI. In the event that any real property, or interest in real property, as described in Section IV constitutes a part only of a larger parcel of property, the City of Anaheim is hereby authorized to acquire by eminent domain pursuant to Code of Civil Procedure Section 1240.410 any "remnant(s)" as defined in said section. SECTION VII. The law firm of Oliver, Barr & Vose, special attorneys for the City of Anaheim, and the City Attorney are hereby authorized to prepare and prosecute in the name of the City, such proceeding or proceedings in the proper court having jurisdiction thereof, as are necessary for such acquisition; and to prepare and file such pleadings, documents, briefs and other instruments, and to make such arguments and to take such actions as may be necessary in the opinion of said attorneys to acquire for said City the said real property. Said 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 (Code of Civil Procedure, Title 7, Chapters 1-12, Sections 1230.010-1273.050). The City Attorney is authorized to assign this work to such other attorneys as the City Attorney deems appropriate. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the city of Anaheim this 28th day of July, 1992. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM MES 070692 -2- 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. 92R-167 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of July, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-167 on the 29th ~ day of July, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of July, 1992. 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. 92R-167 duly passed and adopted by the City Council of: the City of Anaheim on July 28, 1992. R/W NO. 6000-10 LEGAL DESCRIPTION STATE COLLEGE BOULEVARD AND ORANGEWOOD AVENUE EAST SIDE OF STATE COLLEGE BOULEVARD. AN EASEMENT IN FAVOR OF CITY OF ANAtIEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, FOR ROAD, PUBLIC UTILITY AND INCIDENTAL PURPOSES. THAT CERTAIN PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF THE LOT 2 OF TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDS OF SAID COUNTY. BEGINNING AT A POINT ON THE CENTER LINE OF STATE COLLEGE BOULEVARD, AS SHOWN ON PARCEL MAP 3 PAGE 12 OE PARCEL MAP, IN THE OFFICE OF THE COUNTY RECORDER, SAID POINT BEING ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 85 DEGREES 24 MINUTES 30 SECONDS EAST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04 DEGREES 48 MINUTES 16 SECONDS AN ARC DISTANCE OF 100.62 FEET TO A POINT OF REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE PASSING TNROUGII SAID POINT BEARS NORTH 80 DEGREES 36 MINUTES 14 SECONDS WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09 DEGREES 31 MINUTES 14 SECONDS, AN ARC DISTANCE OF 199.56 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 89 DEGREES 52 MINUTES 05 SECONDS EST; THENCE, HAVING SAID CENTERLINE, SOUTH 89 DEGREES 52 MINUTES 05 SECONDS EAST 53.00 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT O.F~WAY LINE OF SAID STATE COLLEGE BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1147.00 FEET; THENCE NORTNEASTERLY ALONG SAID RIGHT OF WAY AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 DEGREES 55 MINUTES 30 SECONDS, AN ARC DISTANCE OP 18.52 FEET TO A POINT ON A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 89 DEGREES 12 MINUTES 25 SECONDS WEST; THENCE NORTE 89 DEG.REES 59 MINUTES 00 SECONDS EAST 28.44 FEET TO A POINT ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 933.50 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTHWEST 88 DEGREES 23 MINUTES 42 SECONDS; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01 DEGREES 46 MINUTES 00 SECONDS AN ARC DISTANCE OF 152.12 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTHWESTERLY 89 DEGREES 50 MINUTES 18 SECONDS; SAID POINT ALSO BEING ON A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 979.86 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07 DEGREES 54 MINUTES 51 SECONDS AN ARC DISTANCE OF 135.35 FEET TO A POINT ON THE SOUTHERLY PROPERTY LINE OF PARCEL 3 AS SHOWN IN BOOK 3, PAGE 12 OF PARCEL MAP IN THE OFFICE IN THE COUNTY RECORDER, OF SAID COUNTY, A RADIAL LINE PASSING TNROUGH SAID POINT BEARS 82 DEGREES 14 MINUTES 51 SECONDS SOUTHEASTERLY; THENCE SOUTH 89 DEGREES 59 MINUTES 00 SECONDS WEST 17.06 FEET TO A POINT DISTANT 53.00 FEET MORE OR LESS FROM CENTERLINE OF STATE COLLEGE BOULEVARD; TNENCE ALONG PROPERTY LINE NORTH 00 DEGREES 07 MINUTES 53 SECONDS WEST 268.52 FEET TO THE TRUE POINT OF BEGINNING. A PORTION OF SAID LAND SHOWN ON A MAP ATTACHED }}ERETO AS EXHIBIT NEGOTIATION tIISTORY FILE NO: 083-271-20 R/W No. 6000-10 PROPERTY OWNER: Chandulal Patel and Geeta Patel PROPERTY ADDRESS: The East side of State College Boulevard, South of Orangewood Ave. Anaheim, Ca. ACQUISITION CONSULTANT: Cutler & Associates, Inc. 610 Pacific Coast Hy, Suite 100 Seal Beach, Ca. 90740 ACQUISITION AGENT: Rick Laubert May 8, 1991 Per owners request, the offer letter was sent certified to owners mailing address. May 16, 1991 Telephone discussion with Mr. Patel regarding City's purchase offer. Mr. Patel stated that the offer of $26.00 per square foot is too low and that he will settle for $60.00 per square foot. June 6, 1991 Discussion with Mr. Patel. He claims he paid $60.00 per square foot for the property in 1990 and he does not want to take a loss. Patel stated that he has permits for a hotel to be constructed. June 25, 1991 Patel said he would not settle for anything less than $60.00 per square foot. Regarding his permits to build, Patel would have to dedicate 2,000 square feet, however, this partial acquisition would require an additional 5,000 square feet. Patel said he is concerned that the additional 5,000 square feet would have an effect on the number of hotel units. July 21, 1991 Called Mr. Patel's office, left message to call July 27, 1991 Called Mr. Patel's office, left message to call. Page 2 August 21, 1991 Discussion with Mr. Patel regarding the city's offer ~f $26.60 per square foot. Mr. Patel feels this price is very low, I asked if he could have an appraisal done on the property. At this time Patel asked if the city would pay $40.00 per square foot. I mentioned this to Mr. Hardcastle at the City of Anaheim. City's price of $26.60 per square foot is a fair price for this particular parcel. October 22, 1991 Called Mr. Patel's office, left message to call October 30, 1992 Called Mr. Patel's office, left message to call. November 7, 1991 Discussion with Mr. Patel. I mentioned to him at this time the City feels that $26.60 per square foot is a fair price. Patel said he will not have an appraisal done on his property. February 5, 1992 Called Mr. Patel's office, left message to call. March 27, 1992 Discussion with Mr. Patel, owner stated that the City's acquisition of 7220 feetS/ill effect the total number of hotel units that he will be able to build. I asked if we could set up a meeting sometime next week in order to further discuss this matter. A meeting is scheduled for April 2, 1992 April 2, 1992 Meeting with Mr. Patel at his office in Diamond Bar. Mr. Patel stated that he would settle with the City provided he received written reassurance that his existing building plans would be approved. Patel said the reason for not constructing the hotel was a direct result of the uncertainty of the County's construction of the relief sewer lines. (attached letter) April 16, 1992 Contacted Mr. Patel to let him know that the sewer system has been connected for a while. He told me that he had called the City in December and at that time the sewer was not installed. Page 3 April 28, 1992 Talked to Mr. Patel, he let me know that he had talked to the property owner of Taco Bell regarding buying the property, but because of the 40 year lease with Taco Bell he was not interested. Mr. Patel wants to know if he is going to be able to reinstate his permit. June 3, 1992 Attempted to return a call from the owner earlier this morning June 18, 1992 Left message for owner to let him know that the city sent him a letter notifying him of a public hearing. June 18, 1992 Revised offer of $192,962.00 mailed to Mr. Patel by city Staff, which also informed him that if he rejected the offer we would proceed with a public hearing to adopt a resolution of necessity to acquire a portion of his property required for road and public utilities by eminent domain at a hearing to take place on July 14, 1992. July 2, 1992 A meeting took place at City Hall with Mr. Patel, and City Staff. Mr. Patel rejected the cities offer, stating it was to low. We informed him that we would proceed with eminent domain hearing. July 9, 1992 Talked to Mr. Patel and told him that hearing is being rescheduled and that City Staff would inform him by mail and telephone of the new hearing date. July 17, 1992 Letter sent to Mr. Patel by City Staff informing him that the hearing would take place on July 28, 1992, also informed him by phone. EiUEI,.IEC? 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