4854-6144-1706 v4
Direct No.: 213.236.2819
Our File No.: 08718-0006
[email protected]
Los Angeles – Inland Empire – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County 444 South Flower Street - Suite 2400
Los Angeles, California 90071- 2953
voice 213.236.0600 - fax 213.236.2700
www.bwslaw.com
April 30, 2024
VIA FIRST CLASS U.S. MAIL, CERTIFIED RETURN RECEIPT REQUESTED
Dhanuba Hospitality, Inc.
c/o Sumantrai Ahir
13815 S. Normandie Avenue
Gardena, CA 90249
Dhanuba Hospitality, Inc.
c/o Rainbow Inn Ownership
831 S. Beach Boulevard
Anaheim, CA 92804
Re: NOTICE OF HEARING (Cal. Code Civ. Proc. § 1245.235)
ANAHEIM HOUSING AUTHORITY TO CONSIDER THE
ADOPTION OF A RESOLUTION FINDING AND
DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED
AT 831 S. BEACH BOULEVARD FOR PUBLIC PURPOSES
To Whom it May Concern:
YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010, et seq ., that the Anaheim Housing Authority (the “Authority”) will hold a Public Hearing on May 21, 2024, at 5:00 p.m. at the Council Chambers in City Hall at 200 S. Anaheim Blvd., Anaheim, CA 92805, California, to consider the adoption of a Resolution of Necessity for acquisition by eminent domain of the fee simple interest in the improved parcel located at 831 S.
Beach Boulevard, Anaheim CA 92804, that is more particularly identified as Orange County Accessor’s Parcel Number 079- 164-13 and is hereinafter referred to as the “Property.” The proposed acquisition is for the purpose of constructing 84 affordable rental properties and 14 townhomes for sale in the area of 821-837 S. Beach Boulevard (“Project”).
The Property is legally described and its general location shown in attached Exhibits A and B, which are incorporated by reference.
Dhanuba Hospitality, Inc.
April 30, 2024
4854-6144-1706 v4
You, as a person claiming or having an interest in and to the Property, are hereby notified that you have the right to appear and be heard on the issues to be considered at that hearing. The issues which will be considered are set forth in California Code of Civil Procedure Section 1240.030, and include:
1. Whether the public interest and necessity require the proposed Project;
2. Whether 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;
3. Whether the Property to be acquired is necessary for the Project;
4. Whether the offer to purchase as required by Government Code section 7267.2 has been made to the owner of the Property;
5. Whether the necessary notice of hearing on this Resolution has been given, as required by Code of Civil Procedure section 1245.235;
6. Whether the Project and City’s acquisition of the Property complies with California Environmental Quality Act (“CEQA”); and
7. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property.
A copy of the proposed Resolution of Necessity is attached hereto and will be available at least three days before the May 21, 2024, hearing in the City Clerk’s Office at Anaheim City Hall, 200 S. Anaheim Boulevard 2
nd Floor, Room 217, Anaheim CA 92805, telephone number ( 714) 765-5166.
If you wish to be heard at this hearing, you MUST FILE A WRITTEN REQUEST , indicating your intent to appear and be heard within 15 days after the date of mailing of this Notice.
Failure to file a written request to appear and be heard within 15 days after the date of mailing of this Notice may result in a waiver of the right to appear and be heard by the City Council. The written request to appear and be heard should be filed with:
Dhanuba Hospitality, Inc.
April 30, 2024
4854-6144-1706 v4
City Clerk’s Office
Anaheim City Hall
200 S. Anaheim Boulevard
2 nd Floor, Room 217,
Anaheim CA 92805
The amount of the compensation to be paid for the acquisition of the Property is not a matter or issue being heard by the Authority at this time. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed hearing and that are concerned with the right to take the Property by eminent domain.
This notice is not intended to foreclose future negotiations between you and the Authority on the amount of compensation to be paid for the Property. Nor will your nonappearance at this noticed hearing prevent you from claiming greater compensation, as may be determined by a court of law in accordance with the laws of the State of California.
If you have any questions regarding this notice, please contact me at (213) 236- 2819 or [email protected].
Sincerely,
BURKE, WILLIAMS & SORENSEN, LLP
Alan A. Sozio
AAS:JT
cc: (with attachments)
Ryan O. Hodge, Deputy City Attorney (via email)
Grace Ruiz-Stepter, Executive Director of Anaheim Housing Authority (via email)
Dhanuba Hospitality, Inc.
April 30, 2024
4854-6144-1706 v4
REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY
FOR THE ACQUISITION OF CERTAIN REAL PROPERTY
Name _____________________________ Telephone _____________________
Address _____________________________________________________________________
_____________________________________________________________________
Date __________________________ Signature _____________________________
Dhanuba Hospitality, Inc.
April 30, 2024
4854-6144-1706 v4
DECLARATION OF PROOF OF SERVICE BY CERTIFIED MAIL
I, the undersigned, declare as follows:
I am over the age of 18 and not a party to the above -entitled action. My business address is 444 South Flower Street, Suite 2400, Los Angeles CA 90071.
On _______________, 2024, I served true copies of the foregoing Notice of Hearing on each of the following named persons by placing for deposit, by certified mail return receipt requested, in the United States Postal Service sealed envelopes containing the same on said date at the United States Post Office located at ________________ and addressed respectively, as follows:
Dhanuba Hospitality, Inc.
c/o Sumantrai Ahir
13815 S. Normandie Avenue
Gardena, CA 90249
Dhanuba Hospitality, Inc.
c/o Rainbow Inn Ownership
831 S. Beach Boulevard
Anaheim, CA 92804
I am familiar with the Post Office’s practice for collecting and processing of correspondence for mailing at said address. The correspondence referenced above would be deposited in the United States Postal Service that same day in the ordinary course of business; and said envelopes were sealed and placed for collection and mailing on the date following ordinary business practices.
I declare under penalty of perjury, under laws of the State of California that the foregoing is true and correct.
Executed on ___________, 2024 at ______________, California.
______________________________
______________________________
Dhanuba Hospitality, Inc.
April 30, 2024
4854-6144-1706 v4
EXHIBIT “A”
LEGAL DESCRIPTION
Dhanuba Hospitality, Inc.
April 30, 2024
4854-6144-1706 v4
EXHIBIT “B”
DEPICTION OF PROPERTY
(location shown in yellow)