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Santa Ana California Lodge, LLC January 14, 2009 Page 2 3. Whether the subject properties sought to be acquired by the exercise of eminent domain as described in the Resolution of Necessity is necessary for the proposed Project; 4. Whether the offer required by Government Code § 7267.2(a), together with the accompanying statement and summary of the basis of the amount established as just compensation, was actually made to you and whether said offer and statement/summarytyere in a form that contained all of the factual information required by Government Code § 7267.2(a); 5. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the subject properties, as well as any other matter regarding the right to take the subject properties by way of eminent domain; and 6. Whether the City has the statutory authority to acquire the subject properties by eminent domain. A copy of the proposed Resolution of Necessity will be available, upon your request, for inspection at the office of the Clerk of the Council of the City Hall, City of Santa Ana, 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92701 on January 30, 2009. This Notice has been sent to you because your name and the above listed address appears on the last equalized tax assessment roll of the County of Orange as being the name and address for tax bills to be sent for the subject properties. The statutes which authorize the City to acquire the subject property by eminent domain for the proposed Project include the City's Charter at § 200, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure §§ 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution, and California Government Code § 37350.5. If you desire to be heard, please be advised that pursuant to California Code of Civil Procedure § 1245.235(b)(3), you must file a written request with the Clerk of the Council of the City. The address for the Clerk of the Council is City Hall, City of Santa Ana, 20 Civic Center Plaza, M- 30, Santa Ana, California 92701, and her facsimile number is (714) 647-6956. Alternatively, you may appear at the hearing and be given an opportunity to speak. Failure to comply with the provisions set forth above will, under California law, result in a waiver of the right to appear and be heard on the matters and issues which are the subject of this hearing. However, if you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the subject properties will not be considered by the City Council at the hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the City's right to take the subject properties by eminent domain. 75E-79