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HomeMy WebLinkAbout75D - PH - ACQUISITION 1922 AND 2002 W 5TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 1922 (ALSO KNOWN AS 2006) AND 2002 WEST 5TH STREET (PROJECT NO. 17-6766) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 3,2C AND 4B; 6, 1G) / CQMANAGER `� RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1:i Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution determining the public interest and necessity for the acquisition of the entire real property located at 1922 (also known as 2006) and 2002 West 5th Street (APNs 007-100-04, 007-100-05). DISCUSSION On March 15, 2016, a Design Cooperative Agreement (Agreement) with the Orange County Transportation Authority (OCTA) was approved by the City Council for the design of the OC Streetcar Project (Project). The Agreement outlined the general roles and responsibilities of the City of Santa Ana and OCTA for the design phase of the Project. The Agreement was subsequently executed by OCTA on May 9, 2016. On April 4, 2017, an amendment to the Agreement was approved by City Council and OCTA. The amendment included a revised scope outlining additional City staff and consultant legal services to support OCTA's right-of-way team in the acquisition of the properties required for the OC Streetcar Maintenance and Storage Facility. The City agreed to be the lead agency for all eminent domain proceedings and activities, also known as condemnation, pertaining to Assessor Parcel Numbers 007-100-04, 007-100-05, and 007-110-17, and their respective owners and occupants, including hearing and adopting Resolutions of Necessity, filing Complaints in Eminent Domain, and obtaining Orders of Prejudgment Possession. City staff and consultant time for this work will be reimbursed by OCTA per the revised work plan incorporated in the amendment to the Agreement. Also per the Agreement, OCTA will hold 75D-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 1922 (aka 2006) and 2002 West 5th Street June 6, 2017 Page 2 harmless and defend the City in any litigation matters arising out of these condemnation proceedings. To accommodate the construction of the OC Streetcar Maintenance and Storage Facility, the acquisition of parcels 007-100-04 and 007-100-05 at 1922 (also known as 2006) and 2002 West 5th Street is required (Exhibit 1). Prior to City involvement, OCTA had made a diligent effort to negotiate with the property owners and their representatives for the past 6 months. A good faith offer was made on October 18, 2016, in the amount of $2,239,000 (Exhibit 2). An additional good faith offer of $423,850 for Improvements Pertaining to Realty (IPR) was made on November, 2016 (Exhibit 3). These good faith offers are based on appraisals prepared by California State licensed appraisers following precise legal guidelines. The City and OCTA have made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the OC Streetcar project schedule, staff is requesting adoption of a Resolution of Necessity (Exhibit 4) which will allow negotiations to continue while condemnation proceedings are initiated. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet the following Strategic Plan Goals: 1. Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects including: The Fixed Guideway Project, Santa Ana Regional Transportation Center Master Plan, Complete Streets and General Plan Circulation Element update). 2. Goal #3 — Economic Development, Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy B (create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown). 3. Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans; e.g., transit vision, street car, fixed guideway project, SARTC master plan, Bristol Street widening, neighborhood streets, traffic improvements, park facilities, sport fields, soccer fields, senior centers, bike master plan, etc.). 75D-2 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 1922 (aka 2006) and 2002 West 5th Street June 6, 2017 Page 3 ENVIRONMENTAL IMPACT On January 20, 2015, by Resolution No. 2015-004 and following a duly noticed public hearing, the City Council certified the Revised Environmental Assessment/Final Environmental Impact Report for the Santa Ana -Garden Grove Fixed Guideway Project, otherwise known as the "OC Streetcar" project. FISCAL IMPACT There is no fiscal impact to the City associated with this action. OCTA will deposit the necessary funds to acquire the specified properties directly into the State Condemnation account. �red Mousavipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter — Real Estate 3. Offer Letter - IPR 4. Resolution of Necessity 75D-3 75D-4 (NTS) i 0 0 0 16 12 16 :o H 12 $0 12 72 LEGEND: -SUBJECT PROPERTIES SANTA ANA PWA COUNCIL pYC 2102 c ENGLISH ST 2026 u u 2022 1900 2020 7911 1 APN '007.100-04t TOWNSEND S' 1922^ u u v W 1927 - (APN 007-100-05) ca 2002, rZ 4 8 P �j DAISY AVE - M N N 1977 um 1900 1911 1901 1900 w FAIRLAWN AVE 1604 RAITT ST y Y 7717 fin EXHIBIT 1 RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 1922 (ALSO KNOWN AS 2006) AND 2002 W 5TH STREET (PROJECT NO. 17-6766 NONGENERAL FUND) [Strategic Plan No. 6, 1G: and 3, 201 7501-5 PAGE IOFI 75D-6 S x O PARAG ` PARTNERS 'SUD To: Joe Gallardo From: Phillip Boning, Paragon Pian: OCTA Project: 00 Streetcar Prone: 714-SM5546 Rate: October 17, 2016 Re: Valdivia Family Trust CC: OCTA No: OCS — 002 & 003 APN: 007.100-04 & 05 0 lJrger�t X FcrAppmval ❑ As RequasBd ❑Please Re* I7 For your Information Comments: Please rind enclosed copies of the following for the aforementioned acquisition of a Full Fee over the real property owned by the Valdivia Family Trust for the properly located at 1922 (also known as 2005) and 2002 W. Fifth Street, Santa Ana, CA 92703. 1. Written Offer Letter 2. Recommendation for Just Compensation S. Approval of Just Compensation 4. Appraisal Completed by Integra Realty Resources — Los Angeles 6. Appraisal Report of Improvements Pertaining to the Realty and Movable Furniture and Equipment by Hodges Lacey & Associates LLC. 6. Review Appraisal Completed by R.F. Lauratn and Associates, Inc. Reviewed by: (firm) I Reviewed by: (name) Reviewed by: (initial) Review Date WSS i Attorney (Liz or Alyson) ,(n / "t U;A OCTA Tina Krause OCTA Jae Gallardo See Just Compensation Approval Form See Just Compensation Approval Form 1197827.1 Exhibit 2 75D-7 Orange County Transportation Authority Capital Programs Division Just Compensation Approval Based upon (1) the fee Appraisal dated August 29, 2016 prepared by Integra Realty Resources —Los Angeles; (2) Review Appraisal dated September 7, 2016 prepared by R.P. Laurain & Associates and (3) OCTA staff recommendation, the amount of just compensation for the purchase of OCTA Parcel No. OCS-002 & 003 1 Assessor Parcel No. 007-100-04 & 05, excluding Improvements Pertaining to Realty is set at $2,239,000.00 (Two Million Two Hundred Thirty -Nine Thousand Dollars and Zero Cents). This amount is based on the fee value of the Property in the amount of Two Million Nine Hundred Twenty -Three Thousand Six Hundred Seventy -Four Dollars and Zero Cents ($2,923,674.00) less environmental mitigation costs of Six Hundred Eighty -Four Thousand Two Hundred Sixty -Eight Dollars and Zero Cents ($684,268.00) for a rounded fair market value of Two Million Two Hundred Thirty -Nine Thousand Dollars and Zero Cents ($2,239,000:00). Orange County Transportation Authority Date: 14 — /e� By: '? X40- ----- ---- Joe Gallas Manag e'at Property 1197833.1 75D-8 �t ; R • A: i� , •` r e � Project APN(s) OCTA No. Interest(s) Appraised Date of Value Appraised Value Recommendation of Just Compensation OC Streetcar Project APN:007-iD0-04 & DS OCS-002 & 003 Fee August 29, 2016 $2,239,000 In accordance with the acquisition of the subject property, the following actions have been undertaken in conformity witii 49 CFR Part 24 `Uniform Relocation Assistance and Real Property Acqulsitlon for Federal and Federally -Assisted Programs" and the Caltrans Right of Way Procedures Manual; 1. A fee appraisal to ascertain Fair Market Value was prepared by Integra Realty Resources — Los Angeles. 2. A formal review of the fee appraisal was prepared by R.P. Laurain & Associates to certify the appraisal of Fair Market Value. 3. A Limited Phase II Environmental Site Assessment and a Supplemental Phase II Environmental Investigation were prepared by Eco & Associates, Inc. 4. A Cost Estimate for Remediation of Hydrocarbon Impacted Soil was prepared by Eco & Associates, Inc. 49 CFR Part 24, Subpart B Section 24.102(d) states that before the initiation of negotiations, the Agency shall establish an amount which it believes is Just Compensation for the real property. The amount shall not be less than the approved appraisal of the Fair Market Value of the property. An Agency. official must establish the amount believed to be just compensatlon. Promptly thereafter, the Agency shall make a written offer to the owner to acquire the property for the full amount believed to be Just Compensation. Fair Market Value as per California Code of Civil Procedure 1263.320 is defined as the highest price on the date of valuation that would be agreed to by a salter, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. We hereby recommend that the value of $2,239,000, based upon the fee appraisal prepared by Integra Realty Resources — Los Angeles, to be determined to be the probable amount of Just Compensation by the Orange County Transportation Authority. Please see the attached table for further explanation: Recommended For Date: ✓ �% By P Blip L. onina Project Manager Paragon Partners Ltd II97r3L1 Concurrence By, Date: 0 Senior Real Property Agent Orange County Transportation Authority 5762 Bolsa Avenue, Suite 2011 Huniington Beach, California 92649 7501-9 .ra 4E g PARAGON' a PARTNERS �, ��1naLM Larger Parcel Value Prior to Consideration of Mitt ation Costs $2.923.674 Less Mitigation Costs for Environmental Remediation $684,268 Resulting Larger Parcel Value $2,239,406 Rounded to: 1 $2,239,000 1147881.1 75D-10 Py RL, e m; RECEIPT OF OFFER PACKAGE OC Streetcar Project 1922 (also known as 2006) & 2002 W. Fifth Street Santa Ana, CA 92703 OCTA No. OCS-002 & 003 APN: 007-100-04 & 05 1. Property Owner: Valdivia Family Trust 2, Prcperty Address; 1922 (also known as 2006) & 2002 W. Fifth Street, Santa Arta, CA 82703 This is to acknowledge receipt of the offer package containing the following items: • Written Offer Letter Dated October 19, 2416 P Appraisal Summary Statement by Integra Realty Resources - Lbs Angeles • Summary Statement Relating to Purchase of Real Property or an Interest Therein r Right of Way Contract • Grant Deed • 'Plat Map and Legal Description for the Interest to be acquired • Litigation Guarantee • Title VI Brochure e Acquisition Brochure • W9 By: Rudy Valdivia, Trustee And/or Federico Valdivia, Successor Trustee 1197394.1 75D-11 Date October 19, 2016 SENT VIA REGULAR US, MAIL and PERSONAL DELIVERY Valdivia Family Trust Rudy Valdivia (Trustee) PO Box 3067 Tustin, CA 92781-3067 Valdivia Family Trust Federico Valdivia (Trustee) PO Box 202 Santa Ana, CA 92702-0202 RE: Offer to Acquire Property Rights OC Streetcar Project 1922 (also known as 2006) and 2002 W. Fifth Street, Santa Ana, CA 92703 OCTA ID#: OCS-002 & 003 Orange County Assessor's Parcel Number(s): 007-100-04 & 05 FTA Project Number: TBD Dear Mr. Valdivia, Trustee: The Orange County Transportation Authority ("OCTA") and the City of Santa Ana are Involved in a joint project that proposes to construct a modern streetcar system connecting the Santa Ana Regional Transportation Center to Harbor Boulevard and Westminster Avenue in the City of Garden Grove (the "Project"). OCTA is interested in negotiating the purchase of a fee interest in the real property you own located at 1922 (also known as 2006) and 2002 W, Fifth Street in the City of Santa Ana and identified by the Orange County Assessor as Assessor Parcel Numbers 007-100-04 and d07-100-05 (the "Property".) Paragon Partners Ltd. ("Paragon") has been contracted by OCTA to contact each property owner in order to acquire the necessary rights for the Project. A review of public records indicates that you are the owner of record of the Property. OCTA is considering acquiring the Property for this Project. The purpose of this letter is to extend OCTA's offer to acquire the Property. It is the desire of OCTA to acquire private property through voluntary purchase, if possible. While OCTA has the power of eminent domain, condemnation has not been authorized with respect to your property as of this date and no decision has yet been made to use the power of eminent domain to acquire the interests in your property. 5762 Bolsa Avenue, Suite aoi 1 Huntington Beach, California 92649 LI479d41 75D-12 V m U t 1� Page Two October 19, 2016 The property interests OCTA seeks 'to acquire consists of the Property in fee simple absolute (the "Property Interests"). These Property Interests are more particularly described and depicted in the enclosed legal description and plat map. Just Compensation: Beth Finestone, a licensed real estate appraiser with Integra Realty Resources — Los Angeles has inspected and appraised the Property Interests for the purpose of determining their fair market value. Based on this appraisal, OCTA has determined that the just compensation for the Property Interests is TWO MILLION TWO HUNDRED THIRTY-NINE THOUSAND DOLLARS AND ZERO CENTS ($2,239,000:00). Enclosed with this letter is a copy of the appraisal summary statement, which is the basis for the amount established as just compensation for the purchase of the Property Interests. This amount of just compensation is based on the overall value of the Property Interests in the sum of Two Million Nine Hundred Twenty -Three Thousand Six Hundred Seventy Four Dollars and Zero Cents ($2;923,674,00) less environmental mitigation costs of Six Hundred Eighty -Four Thousand Two Hundred Sixty -Eight Dollars and Zero Cents ($684,268.00) for a rounded fair market value of Two Million Two Hundred Thirty -Nine Thousand Dollars and Zero Cents ($2,239,000.00). In addition, Michael A. Lacey, ASA, an appraiser with Hodges Lacey & Associates, LLC, has inspected and appraised the Improvements Pertaining to the Realty belonging to either the Valdivia Family Trust or SA Recycling LLC and determined the fair market value in place of the improvements to be FOUR HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED AND FIFTY DOLLARS AND ZERO CENTS ($423,850.00). OCTA intends to make an offer for the purchase of improvements pertaining to realty to the appropriate party once the ownership of the improvements is ascertained and the appropriate offset statement is signed relative to said ownership. Offer to Purchase: Based on the determined just compensation, OCTA hereby offers to purchase the Property Interests, excluding Improvements Pertaining to the Realty, upon the terms set forth in the enclosed"Right of Way Contract, free of all liens and other encumbrances, except as may be agreed to by OCTA, for TWO MILLION TWO HUNDRED THIRTY- NINE THOUSAND DOLLARS AND ZERO CENTS ($2,239,000). This offer is also 1197840.1 75D-13 Page Four October 19, 2016 cc: Joe Gallardo, Manager, Real Property (OCTA) Enclosures: Acknowledgment of Receipt of Offer Package Appraisal Summary Statement prepared by Los Angeles Right of Way Contract Grant heed Legal description and plat for the fee interest Title VI Brochure Acquisition Brochure 1797640.1 75D-14 Integra Realty Resources -- Page Three October 19, 2016 based on the assumption that the Property Interests are free of contamination and requires no remediation other than the contamination and remediation described in a draft Limited Phase II Environmental Site Assessment prepared by Eco & Associates, Inc., dated August 16, 2016, and the Cost Estimate for Remediation of Hydrocarbon Impacted Soil at SA Recycling Facility, 2002 W. Fifth Street, Santa Ana, dated August 29, 2016 (collectively, the "Environmental Report"), which will be available to Grantor for review. If contamination is found, other than the contamination found in the Environmental Report, this offer will be subject to amendment. This offer does not reflect or include any relocation benefits related to possible relocation of personal property to which you may be entitled. Owner's Appraisal: You have the right to obtain your own independent appraisal as part of the acquisition process. Pursuant to California Code of Civil Procedure section 1263.025,, you are entitled to receive the reasonable cost, up to five thousand dollars ($5,000), for an independent appraisal you obtain. The appraisal you obtain must be conducted by an appraiser licensed by the California Bureau of Real Estate Appraisers (formerly the California Office of Real Estate Appraisers) and your request for reimbursement must be submitted in writing to OCTA with a copy of the appraisal and the appraiser's invoice. Although you have the right to obtain your own appraisal and are entitled to receive up to $5,000 for your appraisal as described above, please note that OCTA is riot obligated to accept your appraiser's value of the'Property Interests. OCTA, however, will review your appraisal and if appropriate, confer with OCTA's independent appraiser regarding the merits of your appraisal. It is OCTA's hope that this offer is agreeable to you. If you wish to accept this offer, please execute the enclosed Right of Way Contract, execute and notarize the enclosed deed(s) and call Phillip Bonina of Paragon at (714) 379-3376 so that delivery of the documents can be arranged. If you have any questions, wish to discuss this matter further or would like to meet in person at your convenience, please feel free to call me at tRBonina ed above. Sin hi Paragon Partners Ltd. 1197340.1 75D-15 Appraisal Summary Statement OC Streetcar Project — SA Recycling Center 1922 & 2002 West 5th Street Santa Ana, Orange County, California 92703 Summary of Salient Facts and Conclusions Property Name OC Streetcar Project- SA Recycl i ng Center Address 1922 & 2002 West5th Street Renta hl a Area Santa Ana, Orange County, California 92703 PropertyType Industrial - Recycling and Metal Processing Facility Owner of Record Valdivia Family Trust/Rudy Valdivia (Trustee) Tax ID 007-100-04 and 007-100-05 Land Area 1.90 acres; 82,565 SF Gross Bui I dl ng Area 10,454 5F Renta hl a Area 10,454 SF Percent Leased 100% Year Built; Yea r Renovated 1942;1948,1958,2008 Zoning Designation M-1, Ughtlndustrial Highestand Best Use -As if Vacant Industrial use Highestand Best Use -As Improved Continued industrial use Exposure Time; Marketing Period 6-12 months; 6-12 months Effective Date of the Appraisal August 29, 2016 Date of the Report September 6, 2016 Property I nterest Ap prat sed Fee Simpl e The values reported above are subject to the definitions, assumptions, and limiting conditions set forth In the accompanying report ofwhich this summaryis a part. No partyother than Orange CountyTra nsportation Authority may use or rely an the information, opinions, a nd conclusions contained in the report. Itis assumed thatthe users of the report have read the entire report, Including all ofthe definitions, assumptions, and Ilmiting conditions contained therein. Value Conclusion Appraisal Premise Interest Appraised Date of Value Value Conclusion Fair Market Value larger Parcel Fee Simple Interest August 29, 2016 $2,239,000 75D-16 Extraordinary Assumptions and Hypothetical Conditions The value conclusions are subject to the following extraordinary assumptions that may affect the assignment results. An extraordinary assumption is uncertain information accepted as fact. If the assumption is found to be false as of the effective date of the appraisal, we reserve the right to modify our value conclusions. 1. Our date of value corresponds with the date of completion of our analysis. Our appraisal assumes that the condition of the subject property is the same on our date of value as on our date of inspection. 2. We have reviewed a Limited Phase II Environmental Site Assessment report prepared by Eco & Associates, Inc., dated Aug 16, 2016. This report indicates the presence of soil with elevated diesel and/or lead concentrations which are considered a potential threat to human health. Prior to development, it is reccommended that the impacted soils within the site be excavated and transported offsite to an appropriate disposal facility in a manner conducted in accordance with a formal remedial action plan and a health and safety plan. A subsequent cost estimate was prepared by Eco & Associates, Inc. and presented In a letter based on the findings of the Phase II report. This letter is included in the addenda of our report and the estimated mitigation costs are incorporated into the value conclusion in this analysis. We assume that the findings in these documents are complete and accurate and that such mitigation would be required prior to any sale of the site consistent with the concluded highest and best use. 3. The legal description of the subject, per litigation guarantee documents dated February 22, 2016, indicates a larger parcel area that is not consistent and smaller than the indicated area of the subject on the County Assessor's map. The Assessor's map indication is the same as that of the survey map linked within the litigation guarantees and the area indicated by measurements from aerial imagery and the site inspection. In this analysis, we therefore rely on the indicated area in the County Assessor's map as it is supported by multiple other sources and appears to be the most credible indication of area. The litigation guarantee also indicates a rail spur easement on the subject in a survey map dated 1959. This spur easement appears to be vacated and the current tenant has full use of the two APNs indicated on the County Assessor's map that are defined as the larger parcel, 007-100-04 and 05. As such, we assume the spur is vacated and the area of the larger parcel is equal to the 82,565 square foot area indicated on the County Assessor's map. 4. Section 1263.330 of the California Code of Civil Procedure requires the appraiser to not consider any effect on the value of the property from the project, the eminent domain proceeding, or any preliminary actions of the acquiring agency. The appraisers investigated the real estate market for any influence these issues may have had in the market data selected and analyzed and could not find any. Therefore we have prepared the appraisal analysis of the subject property under the extraordinary assumption that these activities have no effect on the value condusions stated in this appraisal report. The value conclusions are based on the following hypothetical conditions that may affect the assignment results. A hypothetical condition is a condition contrary to known fact on the effective date of the appraisal but is supposed for the purpose of analysis. 1. None. 75D-17 Basic Data and Opinions 1. Interest Valued a. Larger Parcel -Fee Simple —Full Acquisition 2. Date of Value: August 29, 2016 3. Date of Report: September 6, 2016 4. Opinion of Highest and Best Use As Vacant: Industrial use As Improved: Continued industrial use 5. Zoning of Subject Parcel: M-1, Light Industrial 6. Larger Parcel Land Area: 1.90 acres (82,565 SF) 7. Property Name: OC Street Car Project — SA Recycling Center 8. Assessor's Parcel Number (APN): 007-100-04 and 007-100-05 9. Property Owner: Valdivia Family Trust / Rudy Valdivia (Trustee) 10. Property Address: 1922 & 2002 West 511 Street Santa Ana, CA 92703 11. Structural Improvements: The site is improved with a recycling facility. 12. Studies Cost Approach: Not Applicable, Not Utilized Sales Comparison Approach: Applicable, Utilized Income Approach: Applicable, Utilized 13. Attachments Comparable Land Sales and Conclusions: Attachment 1 Comparable Improved Sales and Conclusions: Attachment 2 Comparable Leases and Conclusions: Attachment 3 7501-18 We have prepared this appraisal summary statement, presented on the preceding pages, and it fairly and correctly states our opinions and knowledge as to the matters therein stated. September 7, 2016 Beth B. Finestone, MAI, AI-GRS, FRICS, CRE September 7, 2016 Adam M. Bogorad, MAI September 7, 2016 Jared M. DeCamp 75D-19 Certification We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. We have not performed any services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. S. We have no bias with respect to the property that is the subject of this report or to the parties involved with this. assignment. 6. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. S. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice as well as applicable state appraisal regulations. 9. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 10. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 11. Beth B. Finestone, MAI, AI-GRS, FRICS, CRE, has made a personal inspection of the property that is the subject of this report from the public right of way. Adam M. Bogorad, MAI, has personally inspected the subject on site. Jared M. DeCamp has personally inspected the subject from the public right of way. 12. Significant real property appraisal assistance, primarily related to researching comparable sales, was provided by Austin Glicher who has not signed this certification. 13. We have experience in appraising properties similarto the subject and are in compliance with the Competency Rule of USPAP. 14. As of the date of this report, Beth B. Finestone, MAI, AI-GRS, FRICS, CRE, and Adam M. Bogorad, MAI, have completed the continuing education program for Designated Members of the Appraisal Institute. 75D-20 15. As of the date of this report, Jared M. DeCamp has completed the Standards and Ethics Education Requirements for Candidates/Practicing Affiliates of the Appraisal Institute. Beth B. Finestone, MAI, AI-GRS, FRICS, CRE Certified General Real Estate Appraiser California Certificate # AGO04030 P a� Jared M. DeCamp Certified General Real Estate Appraiser California Certificate # 3003720 Adam M. Bogorad, MAI Certified General Real Estate Appraiser California Certificate # AG038741 75D-21 Attachment i Summary of Comparable land Sales 75D-22 Sale Date; Effective Sale SF; $/SF No Name/Address Status Price Acres Zoning Land 1 122 South Orange Avenue Aug -15 $500,000 15,000 Commercial $33.33 122 S. Orange Ave. Closed 0.34 Santa Ana Orange County CA Tax ID: 398-514-05 2 615 South Santa Fe Street Jun -15 $510,000 16,988 Heavylndustrial $30.02 615 S. Santa Fe St. Closed 0.39 Santa Ana Orange County CA Tax ID: 011-312-04 3 208 East Walnut Street Nov -14 $360,000 • 11,250 General $32.00 208 E. Walnut St. Closed 0.26 Commercial Santa Ana Orange County CA Tax ID: 404-092-01 4 2100 South Yale Street Sep -14 $2,200,000 60,625 Lightlndustrlal $36.29 2100 S. Yale St. Closed 1.39 Santa Ana Orange County CA Tax ID: 409-161-12,-13 5 260 East Alton Avenue Aug -13 $1,150,000 41,818 Light Industrial $27.50 260 E. Alton Ave. Closed 0.96 Santa Ana Orange County CA Tax ID:411-161-21. -22- 23 6 902-906 East Walnut Street Jul -13 $440,000 14,000 Lightlndustrial $31.43 902-906 E. Walnut St. Closed 0.32 Santa Ana Orange County CA Tax ID: 011-133-01, -02 Subject -APN 007-100-04 41,078 Light Industrial OC Streetcar Project - SA 0.94 Recycling Center (APN 007-100-04) Santa Ana, CA 75D-22 Attachment 1 ConVd Land Value Conclusion LandSaleArray Item No. Overall Comparability Market Conditions Adjusted Price Per Square Foot 4 Significantly Superior $38.47 1 Superior $34.33 6 Superior $34.26 3 Superior $33.60 Subject Property 2 Slightly Inferior $31.22 5 Slightly Inferior $29.98 Land Value Conclusion Indicated Value per Square Foot $33.00 SubjectSquare Feet 41,078 Indicated Value $1,355,574 75D-23 Attachment 2 Summary of Comparable Improved Sales Apr -16 1963 0.38 14 $1,210,000 7;700 $157.14 Sale Yr. Built; Acres; Clear Height; — Santa Ana Date; #Stories; FAR; %Offlm; Effective Sale $/Rentable No Name/Address Status %Oa. Parking Ratio Prop Rights Price Rentable SF SF 1 1624 East Wilshlre Avenue Jun -16 1973 0.35 14 $830,000 6,000 $138.33 1624 E. Wilshire Ave. Closed 1 0.39 13% 0.52 — Santa Ana 100% 2.00/1,000 Leased Fee Fee Simple Orange County Orange County CA 2 501 South Santa Fe May -16 1969 0.44 16 $1,500,000 9,528 $157.43 501 S. Santa Fe St. Closed 1 0.50 21% Santa Ana Owner User 1.9911,000 Fee Simple Orange County 3 1636 South Minnie Street Apr -16 1963 0.38 14 $1,210,000 7;700 $157.14 1636-1656 S. Minnie St. Closed 1 0.50 — Santa Ana 100% (Partial 2.08/1,000 Fee Simple ' Orange County Owner User) CA 4 1910 West Chestnut Mar -16 1957 0.45 12 $1,250,000 10,275 $121.65 1930 W. Chestnut Ave. Closed 1 0.52 — Santa Ana Owner User 0.78/1,000 Fee Simple Orange County 5 2040 South Yale Street Sep -15 1970 1.29 18 $3,100,000 20,600 $150.49 20405. Yale St. Closed 1 0.38 11% Santa Ana 75% 1.99/1,000 Leased Fee Orange County CA 6 2625 South Rousselle Feb -15 1979 0.61 18 $2,000,000 14,448 $138.43 26255. Rousselle St. Closed 1 0.54 14% Santa Ana Vacant 2.77/1,000 Fee Simple Orange County Subject 1942 0.94 9.5-12.5 10,454 OC Street Car Project -SA 1 0.26 22% Santa Ana, CA 100% 1.05/1,000 Fee Simple 75D-24 Attachment 2 Cont'd ImprovedSalesArray Item Overall Comparison Market Conditions Adjusted Price per Square Foot 2 Superior $159.01 3 Superior $160.29 5 Superior $158.01 Subject Property 6 Slightly Inferior 4 Slightly Inferior 1 Inferior Value Indication by Sales Comparison Indicated Value per SF $150.00 Subject Square Feet 10,454 Indicated Value $1,568,100 75D-25 $149.50 $148.91 $139.72 Attachment 3 Summary of Comparable Rentals- Industrial Clear Height; Lease Term Rent/ SF No Property Information SF %Office Start (Mos.) Month Escalations Lease Type 1 3120 West Warner Avenue 10,400 14 it Jun -16 60 $0.87 $0.03 Annual Industrial Gross 3120 W. Warner Ave. 18% Santa Ana Orange County CA 2 2730 South Susan Street 12,000 14 it May -16 60 $0.92 3%Annual Industrial Gross 2730 S. Susan St. 19% Santa Ana Orange County CA 3 1431 E Saint Andrew Place 7,000 15 It Apr -16 60 $0.89 $0.03 Annual Industrial Gross 1431 E. Saint Andrew Pl. 33% Santa Ana Orange County CA 4 2841 South Croddy Way 7,910 18 ft Feb -16 60 $0.89 Unknown Industrial Gross 28415. Croddy Way 9% Santa Ana Orange County CA 5 1502 South Santa Fe Street 9,600 12 ft Jan -16 60 $0.87 3%Annual Industrial Gross 1502 5. Santa Fe St. 17% Santa Ana Orange County CA 6 200 West Central Avenue 19,200 15 it Nov -15 60 $0.80 4%Annual Industrial Gross 200 W. Central Ave. 13% Santa Ana Orange County 75D-26 Attachment 3 Cont d Comparable Rent Array $17,645 Insurance Item Overall Comparison Market Condition Adjusted$/SF/Month 2 Superior $0.94 4 Superior $0.92 3 Superior $0.91 5 Superior $0.90 1 Superior $0.88 Subject Property Inferior Concluded Market Lease Terms $0.83 Market Rent Lease Term Space Type SF Rent Measure Escalations Lease Type (Mos.) Industrial 10,454 $0.87 $/SF/Mo. 3% per year Gross 60 Operating History and Projections W. Income Base Rent $109,140 Vacancy & Collection Loss @ 5.0% -5,457 Effective Gross Income $103,683 Expenses Real Estate Taxes $17,645 Insurance 2,614 Structural Repairs/Maintenance 1,045 Management 5,184 Total Expenses $26,488 Net Operating Income $77,195 Operating Expense Ratio 25.5% `IRR projected income Is the total potential income attributable to the property before deduction ofvaca ncy and collection loss. 75D-27 Attachment 3 Cont'd Direct Capitalization Analysis SF Annual $/SF Bldg. Income Base Rent Potential Gross Rent 10,454 Vacancy & Collection Loss 5.00% $109,140 -$5,457 $10.44 -$0.52 Effective Gross Income Expenses Real Estate Taxes Insurance Structural Repairs/Maintenance Management 5.00% $103,683 $17,645 $2,614 $1,045 $5,184 $9.92 $1.69 $0.25 $0.10 $0.50 Total Expenses $26,488 $2.53 Net Operating Income Capitalization Rate $77,195 5.25% $7.38 Indicated Value $1,470,383 $140.65 Summary of Value Indications Cost Approach Sales Comparison Approach Income Capitalization Approach Not Used $1,568,100 $1,470,383 Reconciled $1,568,100 Overall Larger Parcel Valuation (Priorto Environmental Mitigation) Parcel APN Description Indicated Value 007-100-05 Improved Parcel 007-100-04 Excess Land $1,568,100 $1,355,574 Overall Larger Parcel $2.923.674 Larger Parcel Value Larger Parcel Value Prior to Consideration of Mitigation Costs Mitigation Costs for Environmental Remediation $2,923,674 -$684,268 Indicated Larger Parcel Value Indicated Larger Parcel Value $2,239,406 $2,239,000 Value Conclusion Appraisal Premise Interest Appraised Date of Value Value Conclusion Fair Market Value Larger Parcel Fee Simple Interest August 29, 2016 $2,239,000 75D-28 ORANGE COUNTY TRANSPORTATION AUTHORITY SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN The Orange County Transportation Authority (OCTA) is proposing to purchase real property or interests therein in connection with the construction of the OC Streetcar Project (Project) and related improvements and appurtenances. Your property located at 1922 (also known as 2006) and 2002 W. Fifth Street in the City of Santa Ana, is within the Project area and identified by your County Assessor as Parcel No. 007-100-04 & 05. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that you, as an owner from whom a public agency proposes to purchase real property or an interest therein or as a tenant owning improvements on the property must be provided with at a minimum, a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment of the probable amount of just compensation prior to vacating the real property being acquired unless you have heretofore waived such entitlement. In the event of any voluntary purchase or sale of the property or interests, you would not be required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes allocable to any period following the passage of title or possession. 2. The OCTA will offer to purchase any remnant(s), if any, considered by the OCTA to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed. 3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction, and which are owned by you as the owner or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The real property interest proposed to be acquired is: Fee Simple — Full Acquisition. The property being purchased is comprised of 82,565 square feet and is described and depicted in the attached legal and plat. 4. The market value of the property proposed to be acquired is based upon a market value appraisal which is summarized on the attached Valuation Summary Statement, and such amount: A. Represents the full amount of the appraisal of just compensation for the property proposed to be purchased; B. Is not less than the approved appraisal of the fair -market value of the property as improved; C. Disregards any decrease or increase in the fair market value of the real property proposed to be acquired prior to the date of valuation which might be caused by the Project itself or by the likelihood that the property would be acquired for or in connection with the Project, other than that due to physical deterioration within the reasonable control of the owner or occupant; and D. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the OCTA. 5. Pursuant to Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the OCTA will pay for the actual reasonable costs up to Five Thousand ($5,000) Dollars subject to the following conditions: A. You, not the OCTA, must order the appraisal. Should you enter into a contract with the selected appraiser, the OCTA will not be a party to the contract; B. The selected appraiser is licensed with the California Bureau of Real Estate Appraisers (BREA); 11978421 75D-29 ORANGE COUNTY TRANSPORTATION AUTHORITY SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN C. Appraisal cost reimbursement must be made in writing, and submitted to the Orange County Transportation Authority c/o Paragon Partners Ltd. at 5762 Bolsa Avenue, Huntington Beach, CA 92649 Attn: Phillip Bonina, within ninety (90) days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract (if a contract was made), appraisal report, and the invoice for the completed work by the appraiser must be provided to the OCTA concurrent with the submission of the written request. The costs must be reasonable and justifiable. 6. If you are the owner of a business conducted on a property proposed to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, you may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner and/or lessee's ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure. 7. If you ultimately elect to reject the OCTA's offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 8. You are entitled to receive all benefits that are available through donation to the OCTA of all or part of your interest in the real property sought to be acquired by the OCTA as set out in Streets and Highways Code Sections 104.2 and 104.12. 1197842.1 75D-30 ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT OC STREETCAR PROJECT 1922 (also known as 2006) & 2002 W. Fifth Street, Santa Ana, CA 92703 Property Address CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. OCS-002 & -003 Parcel No(s) 007-100-04 & -05 APN(s) 08026700 -920 -CMM & 08026701 -920 -CMM Escrow No. Title Order No. RIGHT-OF-WAY CONTRACT Valdivia Family Trust/Rudy Valdivia (Trustee) ("Grantor"), owns the real property located at 1922 (also known as 2006) & 2002 W. Fifth Street, Santa Ana, CA 92703 in the County of Orange, Assessor Parcel Numbers 007-100-04 and 007-100-05 (collectively, the "Property"). The Property is needed for construction of the OC Streetcar Project, a modern streetcar system connecting the Santa Ana Regional Transportation Center to Harbor Boulevard and Westminster Avenue in the City of Garden Grove (the "Project"). Document No. OCS-002/OCS-003 in the form of a Grant Deed attached hereto as Exhibit "1" covering the property interests as described and depicted in Exhibits "A" and "B" attached to said Grant Deed (collectively, the "Property Interests") has been executed and delivered to, Phillip Bonina, Right -of -Way Agent for Paragon Partners Ltd., agent for the Orange County Transportation Authority ("OCTA"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: (A) The parties have herein set forth the whole of their agreement ("Agreement"). The performance of this Agreement constitutes the entire consideration and shall relieve OCTA of all further obligations or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) OCTA requires the Property Interests for the Project, a public use for which OCTA has the authority to exercise the power of eminent domain. (C) Both Grantor and OCTA recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property Interests by eminent domain litigation. The compensation set forth herein for the Property Interests is in compromise and settlement, in lieu of such litigation. (D) It is agreed that OCTA shall open an escrow in accordance with this Agreement at Commonwealth Land Title Insurance Company (Escrow Agent). This Agreement constitutes the joint escrow instructions of OCTA and Grantor, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow within sixty (60) days following the opening of escrow. 2. (A) OCTA shall pay the undersigned Grantor the sum of Two Million Two Hundred Thirty - Nine Thousand Dollars and Zero Cents ($2,239,000.00) for the Property Interests when title to said Property Interests vests in OCTA free and clear of all liens, deeds of trusts, ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL RIGHT OF WAY CONTRACT information, document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes. This amount is based on the overall value of the Property Interests in the sum of Two Million Nine Hundred Twenty -Three Thousand Six Hundred Seventy Four Dollars and Zero Cents ($2,923,674.00) less environmental mitigation costs of Six Hundred Eighty -Four Thousand Two Hundred Sixty -Eight Dollars and Zero Cents ($684,268.00) for a rounded fair market value of Two Million Two Hundred Thirty -Nine Thousand Dollars and Zero Cents ($2,239,000.00). (B) OCTA will pay all usual escrow and recording fees incurred in this transaction, and if title insurance is desired by OCTA, the premium charged therefore. Due to OCTA's status as a public entity, no recording fees will be payable (pursuant to Government Code Section 27383) and no documentary transfer tax will be payable (pursuant to Revenue & Taxation Code Section 11922). (C) OCTA shall have the authority to deduct and pay from the amount shown on Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non -delinquent assessments which have become a lien against the Property at the close of escrow. (D) It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by OCTA, including the right to remove and dispose of improvements, shall commence on the close of escrow controlling this transaction, and that the amount shown in Clause 2 (A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. (E) Grantor agrees that the payment described in Clause 2 (A) above shall constitute full and fair compensation for any and all claims that Grantor, and its successors and assigns, may have against OCTA for the acquisition of the Property Interests. (F) It is understood and agreed by and between the parties hereto that payment in Clause 2 (A) above includes, but is not limited to, payment for a fee acquisition of 82,565 SF of land area and all appurtenances on-site, which are being acquired by OCTA in this transaction. (G) It is understood and agreed that payment in Clause 2 (A) above excludes payment for certain Improvements Pertaining to the Realty, which are considered owned by the Grantor and/or the Grantor's lessee, SA Recycling LLC, a Delaware limited liability company ("SA Recycling'), and other unnamed lessees as may later be identified. See attached list of Improvements Pertaining to the Realty, attached hereto and made a part hereof. OCTA proposes to acquire the Improvements Pertaining to Realty for the sum of Four Hundred Twenty -Three Eight Hundred Fifty Dollars and Zero Cents ($423,850.00) upon the execution of an offset statement by Grantor and/or SA Recycling depending on the determination of the true owner of said improvements. (H) Grantor shall retain possession of the property conveyed up to and including the date of recording of the deed conveying title to OCTA upon compliance by the Grantor with the conditions of this contract. All rents and all security money collected by Grantor applicable to any period thereafter shall be paid to OCTA. Either party hereto collecting ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal RIGHT OF WAY CONTRACT information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. rents or security money to which the other party is entitled shall forthwith pay such amount to the other as is necessary to comply with the provisions of this clause. (1) Should the property be materially destroyed by fire, earthquake, or other calamity without the fault of either party, this contract may be rescinded by OCTA; in such an event, OCTA may reappraise the property and make an offer thereon. (J) There shall be no proration of real property taxes through Escrow. Escrow Agent is authorized and instructed to comply with the following tax adjustment procedures. (i) Pay and charge Grantor for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds against the Property. (ii) If Escrow closes between July 1 and November 1, and the current tax information is not available, Escrow Agent is instructed to withhold from Grantor's proceeds an amount equal to one hundred twenty percent (120%) of the amount payable on the prior fiscal year's second half tax bill. At such time as current tax information is available, Escrow Agent shall pay the first installment of real property taxes and assessments to the County Tax Collector and in the event the amount withheld is not sufficient, Grantor agrees to immediately pay the difference to Escrow Agent. (iii) If Close of Escrow occurs at a time when current tax information is available, Escrow Agent shall withhold from Grantor's proceeds and pay to the County Tax Collector the full amount of the current installment of real property taxes and assessments. 3. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that he is the sole and lawful owner of the Property and the compensation paid to Grantor through this Agreement constitutes the full and complete settlement of any and all claims against OCTA and the City of Santa Ana and their respective predecessors, successors and assigns, employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns (hereinafter, individually and collectively, "Releasees") by reason of the Project and/or acquisition of the Property Interests, including, but not limited to, any and all rights or claims that Grantor had, currently has or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein. Grantor, on behalf of himself and his successors and assigns, further knowingly and voluntarily waives and expressly releases and discharges Releasees from liability in regard to any claims for the following: pre -condemnation damages, inverse condemnation, lost business goodwill, lost profits, lost rents, severance damages, mitigation damages, compensation for the construction and use of the Project in the manner proposed, damage to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property, interest, any right to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the Property, any right to challenge the adoption of a resolution of necessity, any right to receive any notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any obligation pursuant to the Eminent Domain Law, any other rights conferred upon Grantor pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney's fees, statutory interest and/or costs. 750-33 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal RIGHT OF WAS' CONTRACT information, arta pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 4. The parties intend that this Agreement will result in a full, complete and final resolution and settlement of any and all claims, causes of action or disputes which exist, or may exist, between them as to the acquisition, possession and/or use of the Property Interests, except as expressly provided herein. It is therefore understood that the waiver, under this Agreement, of any rights, damages, compensation or benefits to which Grantor is, or may be, entitled is intended to be full and complete. Accordingly, except as provided herein, upon and subject to the Close of Escrow: (A) Pursuant to the releases set forth in this Agreement, Grantor specifically waives the provision of section 1542 of the Civil Code of the State of California which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." (B) Grantor represents and warrants that he understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of his choice. Any monies payable under this Agreement up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 6. Grantor represents and warrants that he is the fee simple owner of the Property and that he has the right to convey the Property Interests. Grantor will defend and indemnify OCTA, its successors and/or assigns against any and all claims, demands, causes of action filed against OCTA, its successors and/or assigns by someone claiming a legal interest in or right to the Property, or any portion thereof. Grantor represents and warrants that he will defend and indemnify OCTA, its successor and/or assigns in the amount of any due and unpaid real property taxes, assessments, liens and any penalties and delinquencies on the Property. Grantor represents and warrants that he has made no assignment of any interest in the Property. 7. Grantor represents and warrants that there are no oral or written leases on all or any portion of the Property exceeding a period of one month (with the exception of the leases entered by and between Grantor and SA Recycling), and Grantor agrees to defend and indemnify and hold OCTA harmless and reimburse OCTA for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of Grantor for a period exceeding one month (with the exception of leases held by SA Recycling). Grantor acknowledges that a general release or quitclaim deed will be required from any lessee that has a lease term exceeding one month (other than SA Recycling). Said general release or quitclaim deeds are to be provided to Commonwealth Land Title Insurance Company, other selected escrow company, or OCTA by Grantor, prior to the close of escrow. The provisions of this paragraph shall apply to current leases on Grantor's property (excluding leases with SA Recycling) as well as future leases, if any, that are entered into after the execution of this Agreement. ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 8. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate Grantor for the purchase of the Property in fee including the following improvements: All Structures identified within the appraisal report completed by Integra Realty Resources — Los Angeles dated August 29, 2016 (excluding all Improvements Pertaining to Realty as identified in the Appraisal Report of Improvements Pertaining to the Realty by Hodges Lacey & Associates, LLC dated March 9, 2016). Grantor agrees that he is not entitled to compensation for any other improvements located within the areas of the Property Interests being purchased pursuant to this Agreement. Grantor may elect to remove or relocate some or all of the improvements on the Property prior to close of escrow; provided, however, that any improvements that have not been removed from the Property by close of escrow (but for which just compensation has been paid or deposited by OCTA) may be removed by OCTA, its agents, representatives, contractors, and/or assigns, and disposed of in such manner as OCTA deems appropriate, without further notice or responsibility to Grantor whatsoever. 9. It is agreed between the parties hereto that OCTA is not assuming responsibility for payment or subsequent cancellation of unpaid assessments on the Property acquired under this transaction. Said assessments include but are not limited to Schedule B, Part I, Items A - C of order number 08026700 -920 -CMM and Schedule B, Part 1, Items A — E of order number 08026701 -920 -CMM of the Litigation Guarantees prepared by Commonwealth Land Title Insurance Company. Grantor acknowledges he has received and reviewed the Litigation Guarantees. The assessments remain the obligation of Grantor. Payment for the Property Interests acquired under this transaction is made upon the basis that the Grantor retains his obligation to the levying body respecting said assessments. 10. Any notice either party may or is required to give the other shall be in writing, and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses: To Grantor: Rudy Valdivia or c/o Federico Valdivia P.O. Box 3067 P.O. Box 202 Tustin, CA 92781 Santa Ana, Ca 92702-0202 To OCTA: 550 South Main Street Orange, CA 92863-1584 Attn: Real Property Department 11. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, successors, and/or assignees. OCTA may freely assign any or all of its interests or rights under this Agreement. 12. Grantor represents and warrants that during the period of Grantor's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property, other than the contamination described in a 75D-35 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal RIGHT OF WAS' CONTRACT information, and pursuant to Civil Code section 1798.2 1, it shall be kept confidential in order to protect against unauthorized disclosure. Limited Phase II Environmental Site Assessment Report prepared by Eco & Associates, Inc., dated August 16, 2016 (the "Environmental Report"), which report has been reviewed and approved by Grantor. Grantor further represents and warrants that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the Property which may have occurred prior to Grantor taking title to the Property, other than that described in the Environmental Report. If contamination is found, other than the contamination identified in the Environmental Report, this offer will be subject to amendment. 13. The acquisition price of the Property Interests being acquired in this transaction reflects the full and complete settlement of the Property Interests without the presence of contamination other than the contamination described in the Environmental Report, which costs to remediate are estimated at $684,268. If the Property Interests being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law in an amount exceeding $684,268, OCTA may elect to recover the additional clean-up costs from those who caused or contributed to the contamination including, but not limited to, Grantor. 14. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby. 15. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 16. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement. 17. This Agreement may be executed in counterparts, including by facsimile and/or electronic transmission (i.e., email), each of which so executed counterpart shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 18. This Agreement may be subject to approval by OCTA's governing Board of Directors. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAS' CONTRACT CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. In Witness Whereof, the parties have executed this Agreement on the day and year set forth below. GRANTOR Valdivia Family Trust/Rudy Valdivia (Trustee) By: Rudy Valdivia DATE ORANGE COUNTY TRANSPORTATION AUTHORITY 0 Jim Beil DATE Executive Director, Capital Programs APPROVED AS TO FORM: By: James Donich DATE General Counsel Orange County Transportation Authority 75D-37 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL RIGHT OF WAY CONTRACT This document contains personal information, and pursuant to Civil Code section 1798.2 1, it shall be kept confidential in order to protect against unauthorized disclosure. ATTACHMENTS TO RIGHT OF WAY CONTRACT APN 007-100-04 and 007-100-OSIOCS-0021003 Document No. OCS-002 & 0031 Grant Deed (Exhibit "1") Improvements Pertaining to the Realty (Exhibit "2") (SEE THE FOLLOWING PAGES) 75D -3R EXHIBIT 1 75D-39 NO FEE DOCUMENT Government Code 46103 & 627383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ORANGE COUNTY TRANSPORTATION AUTHORITY Attn: Real Property Department 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 OIC to Accept: Date: The Above Space For Recorder's Use Only Address: 1922 (also known as 2006) & 2002 W. Fifth St., Santa Ana, CA 92703 APNs: 007-100-04 & 05 Project Parcel Nos.: OCS-002 & 003 Title Order Nos: 08026700 -920 -CMM & 08026701 -920 -CMM Escrow No. THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTIONS 6103 and 27383 OF THE CALIFORNIA GOVERNMENT CODE. GRANT DEED FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, VALDIVIA FAMILY TRUST/RUDY VALDIVIA (TRUSTEE) ("Grantor"), hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), all that real property situated in the City of Santa Ana, County of Orange, State of California, described as follows: See Exhibit "A", legal description, and Exhibit `B", plat to accompany legal description, attached hereto and made a part hereof. Executed this day of 1201_ VALDIVIA FAMILY TRUST/RUDY VALDIVIA (TRUSTEE) in Rudy Valdivia, Trustee 1197$54.1 75D-40 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On , 2016, before me, , Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 75D-41 1197854.1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated 201_, from the VALDIVIA FAMILY TRUST/RUDY VALDIVIA (TRUSTEE) to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("OCTA"), by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of OCTA pursuant to authority conferred by the Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James Beil, Executive Director Capital Programs 1197854.1 75D-42 EXHIBITS "A" ANIS "B" LEGAL (DESCRIPTIONS AND PLAT MAPS APN: 007-100-04 & 05/OCS-002 & 003 [SEE THE FOLLOWING PAGES] 1197854.1 75D-43 EXHIBIT A LEGAL DESCRIPTIONS All that certain real property situated In the County of Orange, State of California, described as follows: The West 175.00 feet on that portion of the land allotted to Julian Chavez in Decree of Partition of the Rancho Santiago De Santa Ana, recorded In Book B of Judgments of the 37reJudicial Court of California, described as follows: Beginning at a point on the centerline of Fifth Street, said point being the Northeast corner of the land forrrierly owned by William A. Hinds, said pint being North 890 30` 00" East 2355.21 feet and North 1243,44 feet from the common corner of Sections 10, il, 14 and 15, Township 5 South, Range 10 West; Thence South 253.00 feet to the North line of the right of way of the Pacific Electric Railway; Thence West 350.00 feet along said North line; Thence North 250:00'feet to said centerline of Fifth Street; Thence East 350.00 feet to the point of beginning. Excepting the North 30.00 feet thereof, 41,078 square feet APN1007-100-04 All that certain real property situated in the county of Orange, State of .California, described as fol lows: That portion of the land allotted to Julian Chavez in Decree of Partition of the Rancho Santiago De Santa Ana, rendered In Case No. 1192, and entered September, 12, 1868 in Book B, page 410 of Judgments of the 17k^ Judicial District Court, of California, described as'follows: Beginning at a point on the center line of Fifth Street, said point being the Northeast corner of the land formerly owned by William A. Hinds, said point being North 89° 3d' 00" East 2355:21 feet and North 1243.44 feet from the common corner of Sections 10, 11, 14 and 15, Township 5 South, Range 10 West; Thence South 253.00 feet to the North line of the right of way of the Pacific Electric Railway; Thence West 350.00 feet along said North lige; Thence North 250.00 feet to said center line of Fifth Street; Thence East 350.00 feet to the point of beginning. Except the West 175.00 feet thereof. Also except the North 30.00 feet thereof. 41,487 square feet AP -N: 007-100-05 75D-44 s m Q.. sora (rn EXHIBIT B 12 4 T STREET w G J1 t lJ- nl Is • O 11J LJ r „ �roo�18 1 6 DAISY STREET 3 99 Legend - Subject Parcels U1 4(Eg v a a e n , $ R41TT x � raa rrs�y a � SnMTT �y 35C 111 405-05 40,51-53 75D-45 � fOMLS�I� 57. AVt .r rAP1AY1a Are O ti io 75D-46 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA IMPROVEMENTS PERTAINING TO TILE REALTY EFFECTIVE DATE OF VALUE - MARCH 9, 2016 Item Replacement Fair Market Salvage No. Qty, Description Cost New Value in Place Value 1 Sign, 12'x 4.5', painted plywood, painted words, "SA Recycling", $2,500 $2,000 $0 plus 9 words, multi -colored, metal frame, exterior fence -mounted 2 1 Sign, 8'x 4', 2 sided, painted plywood, painted letters, "SA $3,000 $2,350 $0 recycling", plus I l words, painted softwood frame and 2 uprights, 10.5' high, painted concrete pad, 10'x 1.5'x 4', with inset planter 3 1 Group of exterior railing, exterior of office/warehouse building, $20,000 $16,500 $0 painted welded tubular metal, consisting of: 210 Linear feet of guardrails, 2 to 4 cross members 8 Linear feet of hand rails, at stairs 42 Linear feet of hand rails, at ramp on north side of building 4 1 Alarm system, (not including, 8 snap shot cameras, wireless, in yard, and receiver panel, exterior office wall -mounted, by Videoland, leased from Bay Alarm), consisting of: 1 Control panel 3 Code pads 5 Door contact sensors 7 Motion sensors 5 Warehouse door sensors 1 Line cut battery back up system 2 Panic buttons 5 18 Bollards, painted tubular metal, concrete filled, consisting of 4 Thigh, 8" x 8", square tube 2 42" high, 6" diameter 2 48" high, 4" diameter 4 36" high, 6" diameter 1 48" high, 6" diameter 5 50" high, 6" diameter 6 22 High intensity discharge (HID) work lights, including, local electrical, consisting of 6 Wall washers 16 Pole and bracket -mounted, painted metal, including, 1 small metal mounting pole, 1 mounting pole on radiation detection unit at truck scale, 20' high (estimate), 4 building roof -mounted metal brackets $5,100 $7,400 $36,000 7 1 Group of yard waste water drainage improvements, consisting of: $21,500 1 Catch basin, Y x YY (estimate), concrete, with, metal grate enclosure, 6'x 1.5'x 4', 1 sump pump, control panel and 30 amp safety switch, local electrical 75D147 $4,350 $5,900 $28,500 $17,000 $0 $0 $0 $0 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - MARCH 9, 2016 Item Replacement Fair Market Salvage No. Qty, Description Cost New Value in Place Value 410 Linear feet (estimate) of drain pipe to filtration vessels, 3" diameter, plastic, 2 ball valves 15 Linear feet of street discharge drain pipe, 2" diameter, plastic, with coupling, l in-line flow meter, GF, digital, local electrical 22 Surveillance cameras, including, 3 rotating zoom/pan, 13 $30,000 $22,000 $600 stationary, 12 with weather housings, 1 yard mounting pole, 20' high (estimate), 4" x 4", painted metal, 6 at warehouse scrap weigh stations, 4 ID snapshot, by Axis, 2 by IQ Eye, cabling, power packs 265 Linear feet of concrete barrier blocks, blocks are 5'x 2.5'x 2.5', $43,000 $34,000 $1,500 including, 175 linear feet of 4 blocks high, 40 linear feet of 3 blocks high, 50 linear feet of 2 blocks high, approximately 190 total blocks 10 160 Linear feet of interior yard fencing, 10' high, painted 1/2" thick $115,000 $85,000 $0 steel plate sheeting, heavy duty steel frame with 14 I beam uprights, 8" x 7", 3 cross members, 4" x 4", 160 linear feet of top - mounted chain link fence, 3 cross members, 1 slide gate, 26' long, metal frame, painted corrugated metal covering 11 2 Radiation detection panels, at truck scale, Ludlum Measurements, $45,000 $35,500 $3,000 Incorporated, Model: 4525-4400, Serial: GM -5153, each with I beam frames, local electrical and cabling 12 1 Truck scale, in -ground, 70'x 10' platform, with diamond plate $94,000 $77,000 $5,000 top, 60 ton capacity, including, 1 camera, cabling, power pack, I exterior direct read out (DRO), Matko Electronic Displays, l interior DRO, by GDE, Model: 560 13 1 Truck scale, Above -ground, Southwestern Scale, Sidewinder, $76,000 $62,500 $4,000 Model: 4035 LPS, Serial: 082397, 40 ton capacity, with steel framed side walls, drive -on and drive -off concrete pads, I camera, cabling, power pack, 1 exterior DRO, Marko Electronic Displays, I interior DRO, by GDE, Model: 560 14 1 Fire suppression water boost system, including, 25 linear feet of $6,500 $5,350 $300 1.5" diameter copper pipe connection, with ball valve, 1 control panel, GE, 300 Line Control, metal wall mounting bracket, 1 pump motor, Goulds Water Technology, Model: 36565, ground - mounted metal stand, I fire hose with wall -mounted hanger, 7' long, metal 75D!48 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - MARCH 9, 2016 Item Replacement Fair Market Salvage No. Qty, Description Cost New Value in Place Value 15 1 Emergency eye wash station, pedestal base, with shower, local $1,700 plumbing 16 1 Lot of supplemental electrical power distribution, for specific $10,500 business equipment, including, wire, conduit and circuit breakers, consisting of: I 120 volt duplex receptacle, at diesel station in yard 1 120 volt duplex receptacle, at "Storminator" station, with 2 on/off switches, and hardwiring to storage container 1 120 volt quadraplex receptacle, in warehouse 2 120 volt hardwirings for pallet scales, in warehouse 1 120 volt quadraplex receptacle, for pallet scale, in warehouse 2 120 volt duplexes, and electrical reels, in warehouse 17 1 Lot of minor miscellaneous yard improvements, including, 8 whip $4,700 banner hangers, minor signage, 4 traffic mirrors, 2' diameters, 2 public address speakers, wiring, 2 electrical outlet hose reels is 52 Linear feet of wall guard rail, in warehouse, Thigh, 1I bollards, 3 $6,700 cross members; painted metal 19 1 Time recorder, Schlage, Model: Hand Punch 4000, including, metal control box, with, uninterrupted power source, APC, Model: ES550, electrical outlet strip, local electrical 20 1 Lot of intemet/network cabling for approximately 12 stations, including, receptacles TOTAL IMPROVEMENTS PERTAINING TO THE REALTY 75D'49 $1,350 $100 59,050 $0 $3,600 $50 $4,900 $0 $4,600 $3,650 $4,200 $3,350 $200 $0 $537,400 $423,850 $14,750 rCommonwealth Land Title Insurance Company GUARANTEE NO.. CA-SEXEC-IMP-81021-1-15-08026700 .17M -RATIO J WARR .NTE_ SUBJECT TO THE LIMITATIONS CONTAINED HEREIN, THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE COMMONWEALTH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, as of Date of Guarantee shown in Schedule A: 1. The title to the herein described estate or interest is vested in the vestee named In Schedule A. 2. Except for the matters shown in Schedule B, there are no defects, liens, encumbrances or other matters affecting title to the estate or interest in the land shown in Schedule A, which matters are not necessarily shown in the order of their priority. 3. (a) The current interest holders claiming some right, title or interest by reason of the matters shown in Part II of Schedule B are shown therein. The vestee named in Schedule A and parties claiming to have some right, title or interest by reason of the matters shown in Part II of Schedule B may be necessary parties defendant in- an action, the nature of which is referred to in Schedule A. (b) The current interest holders claiming some right, title or Interest by reason of the matters shown in Part I of Schedule B may also be necessary parties defendant in an action, the nature of which is referred to in Schedule A. However, no assurance is given hereby as to those current Interest holders. 4. The return address for mailing after recording, if any, as shown on each and every document referred to in Part II of Schedule B by specific recording information, and as shown on the document(s) vesting title as shown in Schedule A are as shown in Schedule C. THIS LITIGATION GUARANTEE IS FURNISHED SOLELY FOR THE PURPOSE OF FACILITATING THE.FILING OF THE ACTION REFERRED TO IN SCHEDULE A. IT SHALL NOT BE USED OR RELIED UPON FOR ANY OTHER PURPOSE. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this Guarantee to be signed and sealed as of the date of policy shown in Schedule A, the Guarantee to become valid when countersigned by an authorized signatory. Countersigned: By: Authorized Officer or Agent By Form No: 81021 CLTA Guarantee Form No. 1 (Rev, 12-15-95) 75D-50 "€SEAL€ Mot 1J5=.c q.eJ., S.r.wy Form No: 81021 CLTA Guarantee Form No. 1 (Rev, 12-15-95) 75D-50 Order No.: 08026700 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026700 LITIGATION GUARANTEE (V2) SCHEDULE A Order No.: 08026700 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026700 Liability: $500.00 Fee: $50,000.00 1. Name of Assured: Orange County Transportation Authority 2. Date of Guarantee: August 25, 2016 at 7:30 a.m. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to Eminent Domain 4. The estate or Interest in the land which is covered by this guarantee is: A FEE S. Title to the estate or interest in the land is vested in: Valdivia Family Trust/Rudy Valdivia (Trustee) 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee CLTA Guarantee Form No.1 (12/16/92) 75D-51 Page 1 Order No.: 08026700 -920 -CMM Guarantee No.: CA-S'EXEC-EMP-81021-1-15-08026700 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows: The West 175.00 feet on that portion of the land allotted to Julian Chavez in Decree of Partition of the Rancho Santiago De Santa Ana, recorded in Book a of Judgments of the 17u' Judicial Court of California, described as follows: Beginning at a point on the centerline of Fifth Street, said point being the Northeast corner of the land formerly owned by William A. Hinds, said pint being North 890 30' 00" East 2355.21 feet and North 1243.44 feet from the common corner of Sections 10, 11, 14 and 15, Township 5 South, Range 10 West; Thence South 253.00 feet to the North line of the right of way of the Pacific Electric Railway; Thence West 350.00 feet along said North line; Thence North 250.00 feet to said centerline of Fifth Street; Thence East 350.00 feet to the point of beginning. Excepting the North 30.00 feet thereof. APN: 007-100-04 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) 75D-52 Page 2 Order No.: 08026700 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026700 SCHEDULE B Defects, liens, encumbrances or other matters affecting title: PART I A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2016-2017. B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 007-100-04 Fiscal Year: 2015-2016 1st Installment: $3,043.75, paid 2nd Installment: $3,043.75, paid Homeowners Exemption: $0.00 Code Area: 11101 C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Record of Survey which discloses a 20 foot easement for spur line easement Recording No: in Book 45, Page 36 of Records of Survey 3. The Land described herein is Included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency: Merged Project Area by the Amendments to the existing Redevelopment Plans ("Amendments") for the Central City, Inter -City Commuter Station, North Harbor, South Harbor, South Main, and Bristol Corridor Redevelopment Projects Recording Date: October 20, 2004 Recording No: as Instrument No. 2004000948360 of Official Records 81021 Litigation Guarantee CLTA Guarantee Form No.1 (12/16/92) 75D-53 Page 3 Order No.: 08026700 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026700 SCHEDULE B PART II 1. A deed of trust to secure an indebtedness in the amount shown below, Amount: $600,000.00 Dated: March 9, 1988 Trustor/Grantor Clifford M. Lewis and Primrose Lewis, husband and wife, as joint tenants as to an undivided 1/3 interest and D.R. Valdivia, a single man, as to an undivided 2/3 interest Trustee: New World Escrow, Inc. Beneficiary: William G. Beckman and Barbara D. Beckman, husband and wife and Marie Beckman, a widow, all as joint tenants Recording Date: March 25, 1988 Recording No: 88-137302 of Official Records A substitution of trustee under said deed of trust which names, as the substituted trustee, the following Trustee: First American Title Insurance Company, a California corporation Recording Date: October 27, 1989 Recording No: 89-578844 of Official Records This Company will require that the original note, the original deed of trust and a properly executed request for full reconveyance together with appropriate documentation (i.e., copy of trust, partnership agreement or corporate resolution) be in this office prior to the close of this transaction if the above-mentioned item is to be paid through this transaction or deleted from a policy of title insurance. Any demands submitted to us for payoff must be signed by all beneficiaries as shown on said deed of trust, and/or any assignments thereto. In the event said demand is submitted by an agent of the beneficiary(s), we will require the written approval of the demand by the beneficiary(s). Servicing agreements do not constitute approval for the purposes of this requirement. If no amounts remain due under the obligation a zero balance demand will be required along with the reconveyance documents. In addition, we require the written approval of said demand by the trustor(s) on said deed of trust or the current owners if applicable. 2. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Fiscal Year: Taxpayer: County Identification Number: Amount: Recording Date: Recording No: Orange 2007-2008 Rudy Valdivia 07-375-101-05.0100 $2,270.80 June 13, 2007 2007-00378793 of Official Records 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) 75D-54 Page 4 Order No.: 08026700 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026700 SCHEDULE S - Part II (Continued) 3. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Orange Fiscal Year: 2007-2008 Taxpayer: Rudy Valdivia County Identification Number: 07-375-101-05.0200 Amount: $4,051.71 Recording Date: June 13, 2007 Recording No: 2007-00378794 of Official Records 4. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Orange Fiscal Year: 2015-2016 Taxpayer: Valdivia, Federico TR Valdivia Family Trust County Identification Number: 426-121-41.0100 ® Amount: $456.65 Recording Date: July 13, 2015 Recording No: 2015-000364798 of Official Records S. A Igen for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Orange Fiscal Year: 2015-2016 Taxpayer: Valdivia, Federico TR Valdivia Family Trust County Identification Number: 426-121-41.0200 Amount: $1,334.35 Recording Date: July 13, 2015 Recording No: 2015-00364799 of Official Records 6. The effect of documents, proceedings, liens, decrees or other matters in the name of Rudy Valdivia, which do not specifically describe said land, but which, If any do exist, may affect the title, or may impose liens, or encumbrances thereon. 7. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of the trust Instrument. If title is to be insured in the trustee(s) of a trust, (or If their act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF PART II 81021 Litigation Guarantee Page 5 CLTA Guarantee Form No. 1 (12/16/92) 75D-55 Order No.: 08026700 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81023.-1-15-08026700 SCHEDULE C ADDRESSES Valdivia, Rudy TR 1922 West 5th Street Santa Ana, CA (Record Owner) Rudy Valdivia P.O. Box 3067 Tustin, CA 92781 (Record Owner) William G. Beckman and Barbara D. Beckman, husband and wife; and Marie Beckman, a widow, all as joint tenants 10491 Wulff Drive Villa Park, CA 92703 (Beneficiary of Item No. 1, Part II) Orange County Treasurer -Tax Collector P.O. Box 1438 Santa Ana, CA 92702 (Lien Holder of Item No(s). 2, 3, 4 and 5 of Part II) Any and all parties known to the plaintiff to have or claim any interest in said land, or whose interest could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof, should also be named as parties defendant. 81021 Litigation Guarantee CLTA Guarantee Form No. 1(12/16/92) 75D-56 Page 6 Order No.: 08026700 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026700 GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this Guarantee mean: (a) "land": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public reco[ds. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the Issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. PROSECUTION OF ACTIONS (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or'do any other act which In its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision thereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall relmburse the Assured for any expense so Incurred. 4. NOTICE OF LOSS —LIMITATION OF ACTION A statement in writing of any loss or damage for which It is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) maintenance by the Assured of any action under this Guarantee. S. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. LIMITATION OF LIABILITY-- PAYMENT OF LOSS (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but In no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs Imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Guarantee, except for Attorneys' fees as provided for in paragraph 6 (b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed In accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 75D-57 Page 7 Order No.: 08026700 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026700 SCHEDULE C (Continued) S. GUARANTEE ENTIRE CONTRACT Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) 9. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it. Commonwealth Land Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023. 10. THE FEE SPECIFIED ON THE FACE OF THIS GUARANTEE IS THE TOTAL FEE FOR TITLE SEARCH AND EXAMINATION AND FOR THIS GUARANTEE. 75D-58 Page 8 75D-59 4-sm L $ob o tee //'��GOD e� 3 O O �-,�,: J i5xsixaxl Il LI 75D-59 Commonwealth Land Title Insurance Company GUARANTEE NO., CA-SFXFC-IMP-81021- ,-I.S-®8826'7®fl � I ' RON ! J . 1 ISI EE SUBJECT TO THE LIMITATIONS CONTAINED HEREIN, THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE COMMONWEALTH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, as of Date of Guarantee shown in Schedule A: 1. The title to the herein described estate or interest is vested In the vestee named in Schedule A. 2. Except for the matters shown in Schedule B, there are no defects, liens, encumbrances or other matters affecting title to the estate or interest in the land shown in Schedule A, which matters are not necessarily shown in the order of their priority. (a) The current Interest holders claiming some right, title or Interest by reason of the matters shown in Part II of Schedule B are shown therein. The vestee named in Schedule A and parties claiming to have some right, title or interest by reason of the matters shown in Part II of Schedule B may be necessary parties defendant in an action, the nature of which is referred to in Schedule A. (b) The current Interest holders claiming some right, title or interest by reason of the matters shown in Part I of Schedule B may also be necessary parties defendant in an action, the nature of which is referred to in Schedule A. However, no assurance Is given hereby as to those current interest holders. 4. The return address for mailing after recording, if any, as shown on each and every document referred to in Part II of Schedule B by specific recording information, and as shown on the document(s) vestina title as shown in Schedule A are as shown in Schedule C. THIS LITIGATION GUARANTEE IS FURNISHED SOLELY FOR THE PURPOSE OF FACILITATING THE FILING OF THE ACTION REFERRED TO IN SCHEDULE A. IT SHALL NOT BE USED OR RELIED UPON FOR ANY OTHER PURPOSE. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this Guarantee to be signed and sealed as of the date of policy shown in Schedule A, the Guarantee to become valid when countersigned by an authorized signatory. Countersigned: By: Authorized Officer or Agent Form No: 81021 9y. 75D-60 CLTA Guarantee Form No. 1 (Rev. 12-15-95) l`wq'% ' --+RandyO OEAL!g�; A'President aia I,Gcii:el G{a:eUe, SxrHa�� 75D-60 CLTA Guarantee Form No. 1 (Rev. 12-15-95) Order No.: 08026701 -920 -CMM Guarantee No.: CA-SFXFC-IPSP-81021-1-15-08026701 LITIGATION GUARANTEE (V2) SCHEDULE A Order No.: 08026701 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026701 Liability: $50,000.00 Fee: $500.00 1. Name of Assured: Orange County Transportation Authority 2, Date of Guarantee: August 25, 2016 at 7:30 a.m. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to Eminent Domain 4. The estate or interest in the land which is covered by this guarantee is: A FEE S. Title to the estate or interest in the land is vested in: Valdivia Family Trust/Rudy Valdivia (Trustee) 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) 75D-61 Page 1 Order No.: 08026708 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026708 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows: That portion of the land allotted to Julian Chavez in Decree of Partition of the Rancho Santiago De Santa Ana, rendered in Case No. 1192, and entered September 12, 1868 in Book B. Page 410 of Judgments of the 17th Judicial District Court of California, described as follows: Beginning at a point on the center line of Fifth Street, said point being the Northeast corner of the land formerly owned by William A. Hinds, said point being North 890 30' 00" East 2355.21 feet and North 1243.44 feet from the common corner of Sections 10, 11, 14 and 15, Township 5 South, Range 10 West, Thence South 253.00 feet to the North line of the right of way of the Pacific Electric Railway; Thence West 350.00 feet along said North line; Thence North 250.00 feet to said center line of Fifth Street; Thence East 350.00 feet to the point of beginning. Except the West 175.00 feet thereof. Also except the North 30.00 feet thereof. APN: 007-100-05 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) 75D-62 Page 2 Order No.: 08026701 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81029.-1-15-08026701 P3.7�`T�1Tf Defects, liens, encumbrances or other matters affecting title: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2016-2017. B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 007-100-05 Fiscal Year: 2015-2016 1st Installment: $3,763.64, PAID 2nd Installment: $3,763.64, PAID Homeowners Exemption: $0.00 Code Area: 11101 C. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.: 007-100-05 Fiscal Year: 2016-2017 - 1st Installment: $139.72, unpaid Penalty: $13.97 Delinquent: December 12, 2016 2nd Installment: $139.72, unpaid Penalty: $36.97 Delinquent: April 10, 2017 Code Area: 11-101 Supplemental Bill No.: 0100 . . D. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: Delinquent: 2nd Installment: Penalty: Delinquent: Code Area: Supplemental Bill No.: 007-100-05 2016-2017 $413.07, unpaid $41.30 December 12, 2016 $413.06, unpaid $64.30 April 10, 2017 11-101 0200 E. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) 75D-63 Page 3 Order No.: 08026701 -920 -CMM Guarantee No.: CA-SFRFC-XMP-81021-1-15-08026701 SCHEDULE B m Part I (Continued) 2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Record of Survey Map Recording No: in Book 45, Page 36 of Record of Survey Maps 3. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been Instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency: Merged Project Area by the Amendments to the existing Redevelopment Plans ("Amendments") for the Central City, Inter -City Commuter Station, North Harbor, South Harbor, South Main, and Bristol Corridor Redevelopment Projects Recording Date: October 20, 2004 Recording No: as Instrument No. 2004000948360 of Official Records 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) END OF PART I 75D-64 Page 4 Order No.: 08026701 -920 -CLAIM Guarantee No.: CA-SFXFC-%MP-81029.-1-15-080267071 SCHEDULE B PART RI 1. A deed of trust to secure an indebtedness in the amount shown below, Amount: $600,000.00 Dated: March 9, 1988 Trustor/Grantor Clifford M. Lewis and Primrose Lewis, husband and wife, as joint tenants as to an undivided 1/3 interest and D.R. Valdivia, a single man, as to an undivided 2/3 interest Trustee: New World Escrow, Inc. Beneficiary: William G. Beckman and Barbara D. Beckman, husband and wife and Marie Beckman, a widow, all as joint tenants Recording Date: March 25, 1988 Recording No: 88-137302 of Official Records A substitution of trustee under said deed of trust which names, as the substituted trustee, the following Trustee: First American Title Insurance Company, a California corporation Recording Date: October 27, 1989 Recording No: 89-578844 of Official Records This Company will require that the original note, the original deed of trust and a properly executed request for full reconveyance together with appropriate documentation (i.e., copy of trust, partnership agreement or corporate resolution) be in this office prior to the close of this transaction if the above-mentioned item is to be paid through this transaction or deleted from a policy of title insurance. Any demands submitted to us for payoff must be signed by all beneficiaries as shown on said deed of trust, and/or any assignments thereto. In the event said demand is submitted by an agent of the benefciary(s), we will require the written approval of the demand by the beneficiary(s). Servicing agreements do not constitute approval for the purposes of this requirement. If no amounts remain due under the obligation a zero balance demand will be required along with the reconveyance documents. In addition, we require the written approval of said demand by the trustor(s) on said deed of trust or the current owners if applicable. 2. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Fiscal Year: Taxpayer: County Identification Number: Amount: Recording Date: Recording No: Orange 2007-2008 Rudy Valdivia 07-375-101-05.0100 $2,270.80 June 13, 2007 2007-00378793 of Official Records 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) 75D-65 Page 5 Order No.: 08026701 -320 -CMM Guarantee No.: CA-SFXFC-IMP-8iO2i-1-i5-08026701 SCHEDULE B ® Part 11 (Continued) 3. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Orange Fiscal Year: 2007-2008 Taxpayer: Rudy Valdivia County Identification Number: 07-375-101-05.0200 Amount: $4,051.71 Recording Date: June 13, 2007 Recording No: 2007-00378794 of Official Records 4. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Orange Fiscal Year: 2015-2016 Taxpayer: Valdivia, Federico TR Valdivia Family Trust County Identification Number: 426-121-41.0100 Amount: $456.65 Recording Date: July 13, 2015 _ Recording No: 2015-000364798 of Official Records 5. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Orange Fiscal Year: 2015-2016 Taxpayer: Valdivia, Federico TR Valdivia Family Trust County Identification Number: 426-121-41.0200 Amount: $1,334.35 Recording Date: July 13, 2015 Recording No: 2015-00364799 of Official Records 6. The effect of documents, proceedings, liens, decrees or other matters In the name of Rudy Valdivia, which do not specifically describe said land, but which, if any do exist, may affect the title, or may Impose liens, or encumbrances thereon. 7. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there Is a lack of compliance with the terms and provisions of the trust instrument. If title is to be Insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF PART XI 81021 Litigation Guarantee Page 6 CLTA Guarantee Form No. 1 (12/16/92) 75D-66 Order No.: 08026701 -920 -CMM Guarantee No.: CA-SFXFC-IMF°-81027E-1-16-08026701 SCHEDULE C ADDRESSES Valdivia, Rudy TR 2002 W 5th Street Santa Ana, CA (Record Owner) Rudy Valdivia P.O. Box 3067 Tustin, CA 92781 (Record Owner) William G. Beckman and Barbara D. Beckman, husband and wife; and Marie Beckman, a widow, all as joint tenants 10491 Wulff Drive Villa Park, CA 92703 (Beneficiary of Item No. 1, Part II) Orange County Treasurer -Tax Collector "- P.O. Box 1438 Santa Ana, CA 92702 (Lien Holder of Item No(s). 2, 3, 4 and 5 of Part II) Any and all parties known to the plaintiff to have or claim any interest in said land, or whose interest could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof, should also be named as parties defendant. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) 75D-67 Page 7 Order No.: 08026701 -920 -CMM Guarantee No.: CA-SFXFC-EMP-81021-1-15-080267071 GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this Guarantee mean: (a) "land": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records": those records which Impart constructive notice of matters relating to said land; (c) "date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting In no loss to the Assured. 3. PROSECUTION OF ACTIONS (a) The Company shall have the right at Its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision thereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so Incurred. 4. NOTICE OF LOSS --LIMITATION OF ACTION A statement in writing of any loss or damage for which it Is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) maintenance by the Assured of any action under this Guarantee. S. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result In loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, If this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such Indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. LIMITATION OF LIABILITY— PAYMENT OF LOSS (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) If the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Guarantee, except for Attorneys' fees as provided for in paragraph 6 (b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation Involving such rights or remedies. 75D-68 Page 8 Order No.: 08026701 -920 -CMM Guarantee No.: CA-SFXFC-EPSP-81021-1-15-08026701 SCHEDULE C (Continued) 8. GUARANTEE ENTIRE CONTRACT Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) 9. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it. Commonwealth Land Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023. 10. THE FEE SPECIFIED ON THE FACE OF THIS GUARANTEE IS THE TOTAL FEE FOR TITLE SEARCH AND EXAMINATION AND FOR THIS GUARANTEE. 75D-69 Page 9 75D-70 = 9>® . a ze, - e 22g e: 2: . e e2e�; ƒ 75D-70 ORANGE COUNTY TRANSPORTATION AUTHORITY CAPITAL PROGRAMS REAL PROPERTY DEPARTMENT SEPTEMBER 2015 This is an informational pamphlet only. It is not intended to give a complete statement of all State or federal laws and regulations pertaining to the purchase of your propertyfor a public use, the Relocation Assistance Program, technical legal definitions, or any form of legal advice. ADA Notice For individuals with disabilities, this document is available in alternate formats. For information contact: Real Property Department (714)560-1715 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 1185093.1 75D-71 TITTLE V1 PACKAGE The project proposed by the Orange County Transportation Authority may be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving, Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes. the following documents: Title VI Booklet Title VI of the 1964 Civil Rights Act and Related Statutes m The U.S. Department of Commerce of the Census, Language Identification Flashcard o If you read or speak a language different "than Anglish, please write your none and address on the top of the page and check the appropriate box on the Language Identification Flashcard and return to:. Orange County Transportation Authority Real Property Department 550 South Main Street P.O: Box 14184 Orange, CA 92863-1584 Attn: Real Property Manager 0 Title VI Survey Form with Self -Addressed Stamped Envelope o It is requested that the Right of Way Title VI Survey Form be completed and returned in the self-addressed stamped envelope. Title VI Discrimination Complaint Form Q If you believe you have been subjected. to discrimination, please ftil out the Title VI Discrimination Complaint Form and return to. Deputy Chief Executive Officer Human Resources & Organizational Development Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 714:636-7433 75D-72 w �. o r y '00, N 0 •4 O N H T w N N •til. �Eli 7 N '� v O L V 1.0 10 •N nip � VJ eo M m 'go�> • O o O k kHu tC �p C' L U G 41 q E P. fi� _p C p ❑ � x M F 75D-73 C N O m o too w m 9 13 U"m 5 a vpp q O °' ;; • m m ?❑ N 0 N m 04 .0 ❑ R U: 0i m U h '❑ O N Ua . ni R •ie dU o v p L oEl - G O N' C. R `, •N vN N. N a x m 060o 0 �Y 5 Av F :y%?. 3 0`, w c. -c4 . o m v u v R a v:m, A. O v O •m- �. m •�, ami m U v `: c O o E% Pi U �'., a, a W b" E" .� U -.s '> C w om LauOg2 . . . . . e `o.P:3W0 dl O •d N N N m g 49 a— 'c .5 .5 w� .,� •5. ,e c w u ,� o ;? x c E m n o ma a CC 9 d3 E gqi4auu''P^o wav>`cdi. ',«aa,,ao w9d', >u' Cme G>(❑J. vWaaa. .m�d`d °"' ,am 'Oe .V3 'vd0`� OT o aoi .�S m>U> c v avO. om A� m o El ,a. 6 m `C ril 4:1M FOo wvoec vaLoid„a v v m 5 d p d •a bC N .. �O•• m .,O O •�. ;9a N'v_� ' . O`d N .Q O. w 0 wG3 '�a fm O > O 0F -9 m.5 id rL47 4) o v. E di . o Gd.v..58 0 _ai cg a� 'y'obi FCG y .y aogo aO uvp o `j -1 >mo co3.Ad% •Ei m'❑�., v 5e`3 6>co ao� 4yu oao; g.o a�� Q o (� vl `o. (] L] 0 �C •• u Q.` v a W u a a w v 5 o n o o ,p d d �,•a v m n. v �i � a•5 h � o u � o 3'v' or) :9 w U y N Q O Q d Q � C C` y U G O aC. ° C y •iC O �?' �:.� O _ ..V ❑❑ lJ C�' j”. ,5 �011 w ami"�'`Z o .y `�' OT y' V o > v ❑ ��.v N O y 4� y b' f�. m a� �• Um nm_ `os--aoia; .ti° =. S 13 go 4wwoE I d" y aa.o• a h,o i s ,y'= ti r� a m;n`oe up 'y N.$� trs°o` ° oc m °d' ov y y U Q v iE Q. ,C 'O ayi' d d ro -gca C4 N O' ` m 6 O -`trC -°�` o 4 0. 0 .� O 'a v. „"v_, y V o A •� v. 3 zoo '�` O a '° •o m g o.,r, " N " g v v , qq c co w 0 .m. 0 o a� w v •S '"' u o o S ,'b fi 4 T> v G 0 4? •�+ `. �' O v �. C G G �.. C n .L O m. �' °p'�b0o AW'i 'ti 1w: .0'yW Ham'-oG dUa.v.m a y m bA U >' • o >> v " vi m .$ O�A� �. ^v, o Z o o =� �i -90 •o 'n W U V o °a c v an., m u o U E o y F+ -- H e Q¢� - •;, o s 'v q w' o w. H a u N O u u u w acs 75D-74 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES age 1 of 2 NONDISCRIMINATION STATUTES ® Title VI of the 19.64 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground ofrace, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assisfaoce;' (PROHIBITS. DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF; ACCESS T0; PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) o The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age,be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) v The Uniform Relocation Assistance and Real Property_ Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSON& DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C, 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines. the Secretary's authority to decidewhether a.recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requites necessary action to ensure compliance: o The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any, program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act; Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and'Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED ORNOT) o The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacement...(to maintain)... the economic and social well-being of communities; and ... to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75D-75 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page ore e The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability; be excluded from the participation in, be denied benefits of or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of State or a local government:' (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) • The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and:termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law." • Title VIII ofth'e 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(1) It shall be unlawfuL..to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental od; or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING — HUD is the primary. interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) •. The National Environmental Policy Act of 1960,- 42 U.S.C. 4321 Requires the, consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and. economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. • Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improveprogramsdesigned to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(No qualified handicapped person shall, solely by.reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under,any program or activity thatreeeives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Progimin FHWA Publication No. FRWA-HCR-06-006 75D-76 K'F,Oi4WUUIIQUAC,E DEMtEG'G'a'dMON Ft.-A^rtiOARD El �`Iukenef b`.p,�, `L ZnLf llwNWtl6,Fa WJY ,�W M1WItn LYAlf, 6�h6 iYnYYLf ttWd 4'liP'F�ul' 6,p f,W�6p65,: � � �t�fr al,�l �rrsr ar arm � � az ali�i ern � I El ily55iliCul1nfi�t��tSFiti6So tiffi€i1s tt6ii51tiSR1irl1 S9S 9 ❑ Motka i kahhoh ya yangin fintOngnu' manaitai pat iIntOngnu' kumentos Chamorro. El �lAT1 AF vd'i#r# 1�aJt�o El Omadite ovaj kvadrati6 ako citate ili govorite hrvatski jezik. �nZagete tuto kolonku, pokudctete a hovoifte cesky. ❑ TCruis dit vakje aan als u Nederlands knot lezen of spreken. Mazk this box if you read or speak English. 033309 7501-77 1. Arabic 2. Armenian U.S. ULFAKI MGN I ur uummtuut EaromL U.S, susBURP U U.S, CENSUS 9URFAU 3. Bengali 4. Cambodian 5. Chamorro 6, Simplified Chinese 7.Traditional Chinese 8.Croatian 9. Czech 10. Dutch 11. English 12. Farsi Cacher id si vous lisez ou parlez le frangais. F] Kreuzen Sic dieses Kastchen an, wenn Sic Deutsch lesen oder sprechen. El £tjµettiba-re auto -co. nlaiato av Sta(3a(m r VA4Tz EXt qvt ..&. Make kazye sa a si ou li oswa ou pale kreyol ayisyen. trallu ZIT Wwit, fta?�v qz�vuzftg�I. za71L+1-0T °�°ut 01 96-11 RAl-al Aa' Al�0. Zmw�uZ�Ba�u q`�uiwe�u�nd�nw�a�aoa. 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19, Hungarian 20..Ilocano 21. Italian 22.Japanese 23. Korean 24. Laotian Prosimy o zaznaczenie tego kwadratu,jeieli postuguje sigPan/Pani 25. Polish jgzykiem polskim. 83309 U.S. DEPARTMENT OF COMMENCE 6awMv and SUWdv AdW.n d - U.S. CENSUS BUREAU 75D-78 Kos lub voj no yog koj paub twin thiab hais lus Hmoob. Ielolje meg ezt a kockat, ha meg€rd vagy beszAM a magyar nyelvet. Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. Marchi questa casella se legge o parla italiano. za71L+1-0T °�°ut 01 96-11 RAl-al Aa' Al�0. Zmw�uZ�Ba�u q`�uiwe�u�nd�nw�a�aoa. 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19, Hungarian 20..Ilocano 21. Italian 22.Japanese 23. Korean 24. Laotian Prosimy o zaznaczenie tego kwadratu,jeieli postuguje sigPan/Pani 25. Polish jgzykiem polskim. 83309 U.S. DEPARTMENT OF COMMENCE 6awMv and SUWdv AdW.n d - U.S. CENSUS BUREAU 75D-78 ❑ Assinale este quadrado se voce ]e ou fala Portugues. Ynsemnali aceasta casula data cititi sau vorbiii romaneete. RoateTbTe noT xeaApaTxx, ecrna Bb[ mTraeTe xnx ronopxTe no-pyccxx. ❑ 06enexcxTe oaaj KBagpaTmh yxonxxO Ymzare xnx roBopmze cp[[cxx je311K. ❑ Ozaa6te tento stvorcek, ak viete citae alebo hovorif po slovensky. Marque esta casilla si lee o habla espanol. ❑ Markahan itong kuwadrado kung kayo ay mamnong magbasa o magsalita ng Tagalog. 9tfrn[riio�ttl�iiiijalxuoanTviTutiititliogFlnait�'lhtl. ❑ Maaka'i he puha ni kapau 'oku ke lau pe lea fakatonga. ❑ BiAM1T6=1#0 MiTNRKy, RKnlO BH `mTaew a6o rOBOpHTe yKpalHcbKoto mosoi . r _J"�JVUt.f»L.loLfI;L'It I, ❑ Yin danh dau vao o nay neu quy vi bi6t doc va not d[igc Vi6t Ngi3. ❑ .vrT+x u�vT'lY'tx u�vl+7 ilx »>H iuoYp oY'r w»lyrt� no mann U.S. OEPAMMENT OF COMMERCE Exnemlv.nd SYaWUe Pdmglmdcn 75D -7 Q V U.S. CENSUS BUREAU 26. Portuguese WAIMPHTs-rel 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33.Thai 34.Tongan 36. Ukranian' 361 Urdu 37. Vietnamese 38.Yiddish TITLE A SURVEY PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798; et seq.); notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The, failure to provide all or any -part of the requested information may delay processing of this form..No disclosure of'personal information will be made unless permissible under Article 6, Section 1798,24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained do the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office: Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: ❑Male Age: ❑ Under 40 RacelEthnicity:. ❑ White Cl Black ❑ Hispanic ❑ Asian Language spoken, if other than English: ❑ Female ❑ 41-65 ❑ Over 65 ❑ American Tribe ❑ Pacific islander ❑ Other Specify: Are you or any member of your household suffering any physical disability or medical condition?, O Yes ONO Are you a low-income family? Enclosure ❑ Yes ❑ No 75D-80 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to Ne FedWaI Pr nary pd (P.L 93518) and the Worm ton Precgms Ad .11977 (Ciwl Code Sccllons 1798. e1 see.), ngum is hereby given rcr No request of Persovd In orrnadon by Nis (.int The requesled personal INomallon Is voluntary. Thu piincpal pury.sa of the voluntary Infmmag.n is to facilitate the pmmsdrg of We form. The failure be provide a9 or any part of No requesletl adomva.n may delay processing of we fmrrt Na dsdowro of personal Nformaa.n will be made udess Pemdsslble under Md. 6, 9ed(em 1.79929 of No IPA of 19Th Each inoititlual has Na dght upon request aM poser itlen'you" to inspect all persmal Inf.irna9o. in etry record h I le' ed .0 , dl'd Iffy bl Ifv' nparend .'vett nonquI" information ' 1 ce f. your lPA Office. 12. Orange 405 Dist Co Rte BASIS OF DISCRIMINATION ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ DISABILITY []LOW-INCOME ❑ NON-ENGLISH SPEAKER Provide datc(s) and place ofalleged discrimination Describe the nature of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Known) responsible for the action, decision orcondition of alleged discrimination Provide supporting information known to complainant in support of his/her allegation Identify possible tvitnesse i whom the complainant believes can provide factual information about this allegation State the action requested by complainant 75D-81 • •' Project 1185095.1 75D-82 INTRODUCTION This booklet was prepared for you as a person who may potentially be affected by a proposed public transportation project. If it is your property that is affected, you may have wondered what will happen. Who will contact you? Who will pay your moving costs? Will Orange County's Transportation Authority (OCTA) help you find anew place to live? What will you be paid for your property? Important questions like these require specific answers. We hope this booklet will answer some of your questions and present a better picture of our overall procedures. WHY DOES A PUBLIC AGENCY HAVE THE RIGHT TO BUY MY PROPERTY? Our State and federal constitutions recognize the need for public agencies/entities to purchase private property for public use, and provide appropriate safeguards to accomplish this purpose. State and federal constitutions and the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, authorize the purchase of private property for public use and assure full protection of the rights of each citizen. The Orange County Transportation Authority ("OCTA"), a public entity, may purchase private property for public use. INITIAL PROJECT PLANNING The responsibility for studying potential sites for a transportation project rests with a team of specially trained individuals selected to do this important job. Many months or even years are spent in preliminary study and investigation to consider possible locations for a project. Consideration of the environmental and social impacts are as much a part of location determination as engineering and cost. Participation by private citizens and public agencies is actively sought so that various views can be considered in the study process. The process may include public hearings and/or workshops, which give persons an opportunityto express their views on the locations being considered. The team of trained individuals is composed of many specialists. Among these are: Transportation Planners These individuals determine methods and routes for the traveling public. This includes studies of existing traffic patterns, "origin -destination" surveys and user benefits. They also determine whetherthe proposed project location is economicallysound. They research and analyze the effects produced by similar projects upon other communities. 1185095.1 7501-83 Environmental Planners These individuals evaluate the socio-economic and/or environmental impacts, including traffic, noise and visual impacts of the proposed project Design Engineers These individuals recommend the type of transportation project which will be of the most benefit to the public. They prepare design plans which determine the properties needed for the project. Relocation Specialists These individuals perform early studies of the general needs of persons who may need to be relocated and the kind of replacement properties which may be required. A relocation impact analysis will be completed before the Department requires anyone to move from their property. As a result of this team effort, the best possible location for a transportation project is selected after thorough social, economic, engineering, and environmental analyses, as well as consideration of expressed public concerns and desires. The goal is that the project provide the greatest public good and the least private injury or inconvenience while rendering the best possible service. Transportation Surveyors These individuals perform field surveys and monument property lines to delineate and map the Department's right of way needs. They are also authorized by law to enter real property to perform such tasks. It is the Department's policy that owners and tenants of property will be notified prior to such surveys. FREQUENTLY ASKED QUESTIONS WHO WILL CONTACT ME? One of the first persons you will meet is an independent appraiser. You will be afforded the opportunity to accompany the appraiser on the inspection of your property. At the time of the inspection the appraiser will also provide you with general project information. The appraiser will analyze your property and examine all of the features which contribute to its market value. Information about improvements you have made and any other special features that you believe may affect the market value of your propertyshould be given to the appraiserto ensure he/she has all the information you feel is relevant. It is the duty of OCTAto ensure that you receive fair market value for the property rights and/or interests needed for the project. The OCTA cannot buy your property for more than it is worth, but it can and will assure you that you do not have to sell your property for less than its fair market value. California law provides that the owner shall receive a copy of the appraisal or a summary of the valuation upon which the Department's offer is based. 1185095.1 75D-84 At the time the offer is made to purchase property rights and/or the interests needed in your property, you may obtain your own appraisal and the Department will reimburse you up to $5,000 for the actual, reasonable costs of obtaining an independent appraisal. A licensed State appraiser must perform your appraisal. Your OCTA acquisition agent will provide more information concerningthis reimbursement at the time of the offer. WHAT ADVANTAGE IS THERE IN SELLING YOUR PROPERTY TO THE DEPARTMENT? A purchase of property rights and/or interests in your property by OCTA is handled in the same way as any private sale of property. However, there can be financial advantages in selling to the Department. The Department will pay fair market value for the property rights and/or interests in your property. The Department will also pay for the preparation of all documents, all title and escrow fees, a policy of title insurance, recording fees and such other fees as may be required for the conveyance of title to OCTA. Since this is a direct conveyance of real property from the property owner to OCTA; there are no real estate commissions involved, and the Department will not recognize or pay any such real estate commissions. A private sale will usually cost thousands of dollars in sales expenses. There are no seller's expenses in a purchase by the Department. Additionally, depending on your specific circumstances, you may be eligible for relocation payments and benefits for moving personal property and/or when you move. These benefits are described in supplemental booklets which will be provided to you, should the Department's acquisition actually cause your personal property to be moved and/or you to be displaced from your property. WILL I BE PAID FOR LOSS IN VALUE TO MY REMAINING PROPERTY? When only certain interests (i.e. a Temporary Construction Easement) or apart of your property is needed for a project, every reasonable effort is made to ensure that you do not suffer damages to the remainder of your property. The total payment by OCTA will be for the property or interests in the property OCTA actually purchases, for any loss in market value to your remaining property and temporary damages to the remainder of your property, if any. 1185095.1 75D-85 The determination of any loss in market value and/or temporary damages to the remainder are appraisal problems involving many variables. When these situations occur, your OCTA acquisition agent will explain the effect of a partial acquisition on your remaining property. Additionally, as an owner of a business conducted on the property to be purchased, you may be entitled to compensation for a loss of business goodwill. Your specific circumstances will need to be analyzed on a case-by-case basis. MAY I RETAIN AND MOVE MY HOME, BUSINESS BUILDING, MACHINERY, OR EQUIPMENT? If your house is movable and you wish to make such an arrangement, OCTA will pay you on the basis of the market value of your present lot including landscaping, plus the reasonable cost of moving the buflding. There are cases where, because of age, size or condition of the house, the cost of moving it would exceed its present market value, less its salvage value. In such a case, payment of moving costs would, of course, be an unwise expenditure of public funds. If you operate a farm or business, you may wish to keep and move fixed machinery and equipment. Additionally, as an ownerof a business conducted on the propertyto be purchased, you may be entitled to compensation for a loss of business goodwill. Your specific circumstances will need to be analyzed on a case-by-case basis. If any of these concepts are applicable to your situation, they will be explained by your OCTA acquisition agent. WILL I HAVE TIME TO SELECT ANOTHER HOME AFTER OCTA MAKES ITS OFFER TO PURCHASE? OCTA starts to appraise properties early enough so that you will have ample time to move prior to your property being needed for construction of the project. Like any other real estate transaction, it requires time to close an escrow after a right of way contract and deed have been signed. If it is determined at any point in the process that property needs to be purchased in its entirety and/or you are notified that you are eligible for relocation benefits, you will not be required to move until reasonable, decent, safe and sanitary replacement housing is available. If you receive a written offer to purchase your entire property from OCTA, it is in your best interest to look for a new place to live as soon as possible. Finding a home early that best suits your needs before you are required to move will minimize your personal inconvenience and will avoid having to make a choice of housing under pressure. In some instances you maybe able to sell your propertyto OCTA and rent back temporarily pending construction. 1185095.1 7501-86 If it's determined you are eligible for relocation benefits, OCTA also offers to provide you with assistance in finding a new place in which to live. OCTAwill give you at least 90 days notice in writing before you are required to move. WHAT HAPPENS TO THE LOAN ON MY PROPERTY? After you and OCTA have agreed upon a price, your OCTA acquisition agent and/or a title company will contact all other parties having an interest in the property. Payment to satisfy outstanding loans or liens will be made through a title company escrow as in the case in any real estate transaction. WHAT WILL HAPPEN TO MY GI OR CAL -VET LOAN? The Veterans Administration and the California Department of Veterans Affairs allow your veteran loan privileges to be transferred and to become available for coverage on another property. If it's determined that your property needs to be purchased in its entirety, your OCTA acquisition agent will assist you in the transfer. However, it is highly recommended you . check with the Veterans Administration orthe California Department of Veterans Affairs for procedural instructions. IF THE VALUE OF MY PROPERTY IS HIGHER TODAY THAN WHEN I PURCHASED IT, DO I HAVE TO PAY INCOME OR CAPITAL GAINS TAX ON THIS DIFFERENCE WHEN I SELL/CONVEY TO OCTA? Accordingto the Internal Revenue Service, the sale of propertyto a governmental agency for public purposes comes underthe definition of an "involuntary conversion". In these cases, it is not necessary to pay income tax or capital gains tax if the money you receive is used to buy a similar property within a limited period of time. In every case, however, you should check with your local Internal Revenue Service office and/or accountant. WILL I LOSE THE FAVORABLE PROPERTY TAX BASIS THAT I NOW HAVE UNDER THE PROVISIONS OF PROPOSITION 13? Section 2(d) of Article XIII -A of the California Constitution, Section 68 of the Revenue and Taxation Code, and Rule 462.500 of Title 18 of the California Code of Regulations generally provide that propertytax relief shall be granted to any real property owner who acquires comparable replacement property after having been displaced by governmental acquisition or eminent domain proceedings. You will be given a copy of Rule 462.500 with an attached page showing examples of how to calculate estimates of the tax relief you may be eligible for. These are only approximations. You must see your county Tax Assessor for a final determination. 1195095.1 75D-87 Note: Revenue and Taxation Code Section 68, and California Code of Regulations, Title 18, Rule 462.500, G. 1 through G.4, set forth time limits that may affect your eligibilityto retain your favorable current real property tax status. OCTA'S RIGHT OF EMINENT DOMAIN A property owner's rights are guaranteed by the federal and State constitutions and applicable federal and State laws. The principal right is that "Just Compensation" must be paid for any property rights or interests acquired by eminent domain. The vast majority of our transactions are settled by contract. However, if the owner and OCTA cannot agree on the terms of sale, OCTA may resort to the eminent domain process to avoid delayingthe project, and will ultimately initiate condemnation proceedings. OCTA may exercise its power of eminent domain to acquire private property for public use. At a public hearing called a Resolution ofNecessity(RON) hearing, OCTAwill request authority from the OCTA Board of Directors ("Board") to file a condemnation action in court. You will be given an opportunity to appear before'the Board to question whether public interest, necessity, planning and location require the proposed project and your property. The Board does not hear arguments regarding valuation orjust compensation at the RON.... hearing. WHAT HAPPENS IN A CONDEMNATION TRIAL? The purpose of the trial is to determine the amount of Just Compensation. Usuallythe trial is conducted before a judge and jury. Both the property owner and OCTA will have the opportunityto present evidence of value. Thejurywilldeterminetheamountof compensation after being instructed as to the law by the judge. In those cases where the parties choose not to have a jury, the judge will decide the amount of compensation. The Judgment is then prepared by counsel and signed by the judge. It will state that, upon payment of the amount of the verdict for the benefit of the property owner, title will be transferred to public ownership. When OCTA makes the payment as required by the Judgment, the Final Order of Condemnation is signed by the judge and recorded with the County Recorder's office. This finalizes the actual transfer of title. 1185095.1 7501-88 IF I WANT ATRIAL, MUST I HAVE AN ATTORNEY AND EXPERT WITNESSES? Property owners have the right to represent themselves. However, you may wish to consult your own attorney. If you do not have one, in many communities the yellow pages of the telephone directory will refer you to an attorney reference service. The local bar association may also provide a list of attorneys who may offer services in eminent domain proceedings. You and your attorney must decide what type of case you will present and what witnesses will be needed. WILL I BE PAID ANY RELOCATION ASSISTANCE BENEFITS EVEN THOUGH I GO TO COURT? A decision to go to court has no effect on your right to relocation benefits. Payment of relocation benefits is administered separately from the condemnation action. You will be provided details of additional assistance to help displaced persons, businesses, farms or nonprofit organizations in finding, purchasing or renting, and moving to a new location. These are explained in various booklets prepared for homeowners, tenants, and business and farm operators and are made available by OCTA. HOW LONG CAN I KEEP MY PROPERTY? Continued use of your property usually depends on when construction must begin, including utility relocations, and the demolition and/or clearance of buildings. If construction must begin before the trial, OCTA will seek a court order for early possession of your property. In this regard OCTA will be required to deposit with the State Treasurer, the probable amount of just compensation, as determined by an appraisal as security for the value of the property rights it is seeking. The court will determine if the amount of money deposited is adequate. Once the deposit is made the owner may withdraw all or a portion of it at anytime during the condemnation proceedings. The court may then grant to OCTA an order for early possession allowing OCTA to use the property for construction of the project. To obtain an Order for Possession, OCTAwill file a motion with the court and schedule a hearing 90 days after you and all occupants of the property are served with the motion papers (60 days if the property is unoccupied). You and the occupants, if any, will have 30 days to oppose the motion. Once the court grants an Order for Possession of the property, OCTA may obtain possession of the property 30 days after the owner and any occupants are served with the Order. 1185095.1 75D-89 Subject to the rights of any other persons having an interest in the property, you may withdraw all or part of the pre -Judgment deposit. If you do not make a withdrawal, OCTA will pay interest on the eventual court award, or agreed settlement sum from the time it legally occupied your property until the date of final payment to you. Interest will accrue at the applicable statutory rate until paid at the time of final settlement. OCTA's Acquisition Agent assigned to purchase your property will assist you in the transaction and will be available to answer any additional questions you may have. DEFINITIONS The language used in relation to eminent domain proceedings may be new to you. These are some terms you may hear and their general meaning. Acquire -To purchase Answer - The property owner's written reply, in appropriate legal form, filed with the court in response to the eminent domain complaint and as requested bythe summons. Complaint -The docum entfiled with the court by the Department which initiates an eminent domain proceeding. Condemnation - The legal process by which a proceeding in eminent domain is accomplished. Counsel - Anattorneyorattorneys. Eminent Domain - The right of government to purchase private property for public use. Fair Market value - The fair market value of the propertytaken is the highest price on the date of valuation that would be agreed to by a seller, being willingto sell but under no particular or urgent necessityfor so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. Final Order of Condemnation - The instrument which, when recorded, transfers title to public ownership. Judgment -The court's formal decision based on applicable law and the verdict. Just Compensation - The measure of Just Compensation is Fair Market Value. Loss of business goodwill - A loss in the value of a business caused by the OCTA's acquisition of property that cannot be reasonably prevented by relocation of the business 1185095.1 75D-90 or the owner adopting prudent or reasonable steps that preserve the value of the business goodwill. Parcel - Usually meansthe property that is being acquired. Plaintiff -The pub Iicagencythat desires to purchasethe property. Possession - Legal control; to have the right to use. Property - The right or interest which an individual has in land, including the rights to use possess, or dispose. Summons - Notification of filing of a lawsuit in eminent domain and of the necessityto file answer or other responsive pleading. Temporary Construction Easement —A temporary right for a specific time acquired from the owner of real property to provide a work area necessary for the construction of the project. Title - Legal ownership. Trial - The hearing of the facts from a plaintiff and defendant in court of law, eitherwith or without a jury. Verdict - The amount of just compensation to be paid for a property including any damages to the remainder, if applicable. 1185095.1 75D-91 - orm — Request for Taxpayer Give Form to the 'Rev. D!�etmftteh,�e!�'..,yr 4) p� OaEntlflCc°�$i®� P�Us�tber and Certification resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other requester. Do not ]eparI. entitles, it is your employer Identification number (EIN). If you do not have a number, see How to get a send to the IRS. Intemd Revenue Service TIN on page 3. _ - or 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. of 2 Business name/disregarded entity name, If different from above m m m °- 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Fxemptions (codes apply only to certain entities, not Individuals; see o ❑IndlviduaVsole proprietor or ❑ CCorporatlon ❑SCorporation ❑Partnership ❑Trust/estate instructions on page 3): a o single -member LLC ❑ Umited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) � Exempt payee code (if any) u o Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption From FATCA reporting w the tax classification of the single -member owner. code If arty) p, o E] Other (see instructions) fY (Apones the U.S) a 5 Address (number, street, and apt. or suite no.) Requester's name and address (options) U N yo 6 City, state, and ZIP code v N 7 List account number(s) here(optlona) , Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given online 1 to avoid social security number backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entitles, it is your employer Identification number (EIN). If you do not have a number, see How to get a TIN on page 3. _ - or Note. If the account is in more than one name, see the instructions for line.1 and the chart on page 4 for I Employer Identification number guidelines on whose number to enter. F71 F—F—F—F—F Under penalties of perjury, I certify that: ' 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. alun Signature of Here U.S.pemonD Date► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Informatlon about developments affecting Form W-9 (such as legislation enacted after we release it) Is at www.inugovffw9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an information return with the IRS most obtain your correct taxpayer identification number (rIN) which may be your social security number (SSI), Individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of information returns Include, but are not limited to, the following: • Form 1099 -INT interest earned or paid) • Form 1099 -DIV (dividends, including those from stacks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN. Ifyou do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are wafting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' sham of effectively connected Income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See (Khat is FATCA reporting? on page 2 for further Information. Cat. No. 10231X 75D-92 Form W-9 (Rev. 12-2014) Form W-9 (Rev. 12-2014) Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: e An Individual who Is a U.S. citizen or U.S. resident alien; ^ A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States; An estate (other than aforeign estate); or - A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a wUhhclding tax under section 1446 on any foreign partners share of effectively connected taxable Income from such business. Further, in certain cases where a Form W-9 has not been received, the miss under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1445 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business in the United States: - In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; - - In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and - In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 6233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of atax treaty to reduce or eliminate U.S. tax on certain types of Inca me. However, most tax treaties contain a provislon known as a 'saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of Income even after the payee has othenvise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S. in on certain types of Income, you must attach astatement to Farm W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) In the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China Income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student temporarily present In the United States. Under U.S, law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, pamgraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, :. A Chinese student protocol) and is orfellowship Income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Forth W-6 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This Is called"backup withholding." Payments that may be subject to backup withholding Include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding If: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II Instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more Information. Also see Special rules for partnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATGA) requires a participating foreign financial Institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more Information. Updating Your Information You must provide updated infoonalion to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an 5 corporation, or If you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; far example, If the grantor of a grantor trust dies. penalties -Failure to fumish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failurels due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsityingcertifications or affirmations may subject you to criminal penalties Including fines and/or Imprisonment. Misuse of TI Ns. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. [TIN applicants Enter your individual name as it was entered on your Farm W-7 application, line 1 a This should also be the same as the name you entered on the Forth 1040/104DA/1040FZ you fled with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 104011040AM 040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that Is not a single -member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents an [Ina 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that Is disregarded as an entity separate from its owner Is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(111). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the Income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S, federal tax purposes has a single owner that Is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. 75D-93 Form W-9 (Rev. 12-2014) Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the "Limited Liability Company" box and In the space provided enter "C" for C corporation or "S" for S corporati if it is a single -member LLC that is a disregarded entity, do not check the "Limited Liability Company" box; Instead check the first box in line 3 "Individual/sele proprietor or single -member LLC." Line 4, Exemptions It you are exempt from backup withholding and/or FATCA reporting, enter In the appropriate space in line 4 any socials) that may appy to you. Exempt payee code. - Generally, individuals lincluding sole proprietors) are not exempt from backup withholding. - Except as provided below, corporations are exempt from backup withholding for certain payments, Including Interest and dNidends. - Corporations are not exempt from backup withholding for payments made In settlement of payment card or third party network transactions. - Corporations are not exempt from backup withholding with respect to attorneys fees or gross proceeds paid to attorneys, and corporations that provide medical of health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 601(a), any IRA, or a custodial account under section 403(b)(7) If the account satisfies the requirements of section 401 (%2) 2—The United States or any of its agencies or instrumentalities , 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer In securities or commodities required to register In the United States, the District of Columbia, or a U.S. commonwealth or possession 7—Afutures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment bust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the Investment community as a nominee or custodian 13—A trust exempt from tax under section 964 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, l through 13. IF the paym ant is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 5' Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions I See Form 1099-MISC, Miscellaneous Income, and its instructions. ' However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this farm for accou ins maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold In the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial Institution Is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that Is a member of the same expanded affiliated group as a corporation described In Regulations section 1.1472-1(c)(1)() F—A dealer In securities, commodities, or derivative financial instruments (Including notional principal contracts, futures, forwards, and options)that is registered as such under the laws of the United States or any state G—A real estate investment trust If —A regulated investment company as defined In section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 —Acommon trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in sectton 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This Is where the requester of this Form W-9 will mall your Information returns. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN Is your IRS individual taxpayer Identification number (ITIN). Enteril in the social security number box. Ifyou do not have an [TIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter eitner your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that Is disregarded as an entity separate from its owner (see Limited Lfabllity, Company (LLC) on this page), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have aTIN, appy for one immediately. To appy for an SSN, get Form SS -5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-600-772-1213. Use Fonn W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an mN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at wwminsgowbuslnesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the forth, and give It to the requester. For Interest and dividend payments, and certain payments made With respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. 75D-94 Form W-9 (Rev. 12-2014) Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even If hems 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person Identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated In items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out Item 2 I the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out Nem 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. 'Other payments" Include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bil Is for merchandise), medical and health care services (Including payments to corporations), payments to a nonemployee for services, payments made In settlement of payment card and third party nehvork transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). S. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account Give name and SSN of:' 1. Individual The individual 2. Two or more Individuals Goint The actual owner of the account or, account) If combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift -to Minors Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor is also trustee) b. So-called trust account that is The actual owner not a legal or valid trust under state law S. Sole proprietorship or disregarded The owner' entity owned by an individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(0 (A)) For this type of account Give name and BIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status an Form 8832 or Foran 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public amity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Fling Method 2 (see Regulations section 1.671-4(b)(2)() (B)) ' list first and circle the name of the person whose number you famish. If only one person on a joint account has an SSN, that person's number must be fun she 1. a Oiele the minor's name and famish the minor's SSN. °You must show your Individual name and you may also enter your business or DBAr ame on the'Bosiness name/claregaNed entity' name line. You may use either your SSN or BN (If you have one), but the IRS encourages you to use your SSN. ' List first and circle the name of the trust, estate, or pension tryst. (Do net fwnish the TIN of the personal representative or trustee unless the legal entity Itself Is not designated In the account floe.) Also see Speclal rules forpartnershipson page 2. •Note.Gramoralmo tpmvidea Form W-9totrusteeoftrust Note. If no name Is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft ocsurs when someone uses your personal information such as your name, SSN, or other Identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For moa Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing economic harm or a system . problem, or as seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayef Advocate Service CTAS) assistance. You can reach TAS by calling the TAS toll-free case Intake line at 1-877-777-4778 orTTYMr) 1-800-8294059. Protect yourself from suspicious emails or phishing schemes. Phishing Is the creation and use of email and websftes designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user Into surrendering private Information that will be used for Identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. ' If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing®irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (nGTA) at 1-800-366-4484. You can forward suspicious smalls to the Federal Trade Commission at: spam®uee.gov or contact them at www.fte.govlfdfheff or 1-877-IDTHEFT (1-877-438-4338). Visit IRS.gav to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (Including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above Information. Routine uses of this Information Include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use In administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent Information. 75D-95 75D-96 .� PARTNERS • RECEIPT OF OFFER PACKAGE OC Streetcar Project 1922 (also known as 2006) & 2002 W. Fifth Street Santa Ana, CA 92703 OCTA No. OCS-002 & 003 APN: 007-100-04 & 05 1, Property Owner: Valdivia Family Trust 2. Property Address: 1922 (also known as 2006) & 2002 W. Fifth Street, Santa Ana, CA 92703 This is to acknowledge receipt of the offer package containing the following items: • Written Offer Letter Dated November 22, 2016 i Bill of Sale • Statement of Compensation and Value Summary • Summary Statement Relating to Purchase of Improvements Pertaining to Realty • Full Acquisition Offset Statement • Exhibit A— Improvements Pertaining to Realty • Exhibit B — Inventory of Movable Items • Title VI Brochure • Acquisition Brochure • W9 By: Federico Valdivia, Successor Trustee Valdivia Family Trust Exhibit 3 75D-97 Date November 22, 2016 SENT VIA REGULAR U.S. MAIL Jeff Farano, Esq. SA Recycling LLC 2411 N. Glassell Street Orange, CA 92865 Valdivia Family Trust Federico Valdivia (Trustee) P.O. Box 202 Santa Ana, CA 92702-0202 RE: Offer to Acquire Improvements Pertaining to Realty OC Streetcar Project 1922 (also known as 2006) and 2002_ W. Fifth Street, Santa Ana, CA 92703 OCTA ID#: OCS-002 & 003 Orange County Assessor's Parcel Number(s): 007-100-04 & 05 FTA Project Number: TBD Dear Mr. Farano and Mr. Valdivia: The Orange County Transportation Authority ("OCTA"), in cooperation with the City of Santa Ana, is proposing to construct a modern streetcar system connecting the Santa Ana Regional Transportation Center to Harbor Boulevard and Westminster Avenue in the City of Garden Grove (the "Project'), It has been determined that the Project will require the acquisition of the property located at 1922 (also known as 2006) and 2002 W. Fifth Street in the City of Santa Ana and identified by the Orange County Assessor as Assessor Parcel Numbers 007-100-04 and 007-100-05 (the "Property"), which is owned by the Valdivia Family Trust and is currently occupied by SA Recycling, Paragon Partners Ltd. ("Paragon") has been contracted by OCTA to contact each property owner and occupant in order to acquire the necessary rights for the Project. The OCTA has obtained an appraisal to determine the market value of the Improvements Pertaining to Realty (Immovable business fixtures and equipment, hereinafter designated as IPTR). A detailed inventory of the IPTR is listed on Exhibit A of the attached Statement of Compensation and Appraisal Summary, Please note that moveable business fixtures and equipment listed on Exhibit B will not be acquired, but OCTA will pay the reasonable costs of moving the items pursuant to the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, and California Government Code Section 7267 and its implementing guidelines. 5—j62 Bolsa Avenue, Sul -a 2oi I Huntington aeach, California 92649 1204543.1 75D-98 Page Two November 22, 2016 Just Compensation: Michael A. Lacey, ASA, an appraiser with Hodges Lacey & Associates, LLC has inspected and appraised the IPTR belonging to either the Valdivia Family Trust or SA Recycling LLC for the purpose of determining the fair market value in place of the IPTR in the amount of FOUR HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED AND -FIFTY DOLLARS AND ZERO CENTS ($423,860.00). Offer to Purchase: Based on the determined just compensation, OCTA hereby offers to purchase the IPTR for FOUR HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED AND FIFTY DOLLARS AND ZERO CENTS ($423,850.00). OCTA has made no determination as to the ownership of the IPTR. Please submit to the undersigned a notarized copy of the enclosed Full Acquisition Offset Statement ("Offset Statement') confirming the ownership of all of the listed items. This offer is being made to the owner of the IPTR as will be identified In the fully executed, notarized Offset Statement. This is an offer to purchase the IPTR upon the terms as substantially set forth in the enclosed Bill of Sale, free of all liens and other encumbrances, except as may be agreed to by OCTA. This offer does not reflect or include any relocation benefits related to possible relocation of personal property to which -you may be entitled. If for any reason you do not accept OCTKs offer, please be advised that this letter and the offer made herein are tendered under the provisions of the California Evidence Code Section 1152 and shall not be admissible in evidence to prove OCTXs liability in any eminent domain proceeding which may subsequently be instituted for the acquisition of the fixtures and equipment. It is OCTA's hope that this offer is agreeable to you, If you wish to accept this offer, please return the fully executed Offset Statement and call Phillip Bonina of Paragon at (714) 379-3376 so that the enclosed Bill of Sale can be finalized. If you have any 1204565.1 7501-99 Page Three November 22, 2016 questions, wish to discuss this matter further or would like to meet in person at your convenience, please feel free to call me at the number listed above. 7P fillip L. Bonina aragon Partners Ltd. cc: Paula A. Schaefer, Esq. (Valdivia Family Trust) Michael Leifer, Esq./Michael Kehoe, Esq. (SA Recycling) Joe Gallardo, Manager, Real Property (OCTA) Enclosures: Acknowledgment of Receipt of Offer Package Statement of Compensation and Value Summary Bill of Sale Full Acquisition Offset Statement Title VI Brochure Acquisition Brochure Exhibit A — Improvements Pertaining to Realty Exhibit B — Inventory of Movable Items 1204565A i 75D-100 Orange County Transportation Authority BILL OF SALE VALDIVIA FAMILY TRUST/SA RECYCLING LLC Page 1 Project: OC Streetcar Project Landlord: Valdivia Family Trust/Lessee: SA Recycling LLC APN(s): 007-100-04 & -05 OCTA Parcel No(s).: OCS-002 & 003 City: Santa Ana SA RECYCLING LLC ("Lessee") leases certain real property located at 1922 (also known as 2006) and 2002 W. Fifth Street, Santa Ana, CA 92703 (the "Property") from the Valdivia Family Trust ("Landlord"). The Orange County Transportation Authority, a public entity (tire "OCTA") is interested in the acquisition of the Property for construction of the OC Streetcar Project (the "Project"). In order for the OCTA to construct the Project, it will become necessary for Lessee to move from the Property. The parties understand that Lessee may be entitled to certain relocation benefits under applicable law. The purpose of this Agreement is for the parties to set forth the entire terms of their agreement with respect only to compensating Lessee and/or Landlord for their respective interests in improvements and items pertaining to the realty in the Property. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The OCTA shall: (A) Pay Landlord and/or Lessee the sum of FOUR HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED AND FIFTY DOLLARS ($423,850.00) for all of Landowner's and Lessee's interests in the improvements and items pertaining to the realty in the Property. This sum shall be paid to Landlord and/or Lessee by depositing the money into escrow upon the full execution of this agreement and delivery by Landlord and/or Lessee to OCTA of a notarized copy of the enclosed Full Acquisition Offset Statement confirming that Landlord aid/or Lessee own said improvements. (B) Open an internal escrow and pay all escrow fees incurred in this transaction. 2. It is understood and agreed by and between the parties hereto that payment in Clause 1(A), above, is payment for the fair market value in place of improvements and items pertaining to the realty in the amount of FOUR HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED AND FIFTY DOLLARS ($423,850.00), as set forth in Exhibit "A", attached hereto and made a part hereof, which are considered to be part of the realty and have been acquired by the OCTA in this transaction (hereinafter, the "IPTR'). 3. Landlord and Lessee, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby remise, release and forever quitclaim to the OCTA all of its right, title and interest in the IPTR. 4. Should the Property be materially destroyed by fire, earthquake, or other calamity without the fault of either party prior to its transfer of the Property to OCTA, this agreement may be rescinded by the OCTA; in such an event, the OCTA may reappraise the IPTR and make an offer thereon. 5. To the current knowledge of Landlord and Lessee, Landlord and Lessee warrant to the OCTA that, as of the date of this Bill of Sale, Landlord and Lessee have not encumbered the title to the IPTR with any liens or granted any unrecorded encumbrances or licenses on the improvements. 6. Landlord and Lessee warrant that as of the date of this Bill of Sale, neither Landlord nor Lessee have entered into any contracts, leases, licenses, commitments, or undertakings respecting the IPTR by which the OCTA would become obligated or liable to anyone. 7. In consideration for the payment of the sum stated in Clause I (A) above and other valuable consideration, receipt of which is hereby acknowledged, the Landlord and Lessee hereby acknowledge they have no further 1204724.1 75D-101 Orange County Transportation Authority BILL OF SALE VALDIVIA FAMILY TRUST/SA RECYCLING LLC Page 2 rights under the Federal and State Uniform Relocation Assistance Acts (42 U.S.C. Section 4601 et seq. and California Government Code Section 7260, et seq. to receive reimbursement for the expense of moving and/or reinstallation of the items listed oil Exhibit "A". 8. No amendment, change, modification or supplement to this Bill of Sale shall be valid and binding on the parties unless it is represented in writing and signed by each of the Parties. 9. This Bill of Sale shall be governed by, interpreted under, construed and enforced in accordance with the laws of the State of California, irrespective of California's choice -of -law principles. 10. This Bill of Sale and the terms, provisions, promises, covenants and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns. 11. Each individual executing this Bill of Sale on behalf of the OCTA and the Landlord and Lessee has been duly authorized to execute this Bill of Sale. 12. This Bill of Sale may be executed in two or more separate counterparts, each of which, when so executed, shall be deemed to be an original. Such counterparts shall together constitute and shall be one and the same instrument. This Bill of Sale shall not be effective until the execution and delivery by the Parties hereto of at least one set of counterparts. The Parties hereby authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Any one of such completely executed counterparts shall be sufficient proof of this Bill of Sale. An electronic/email version of the signature pages shall be considered original versions. NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED In WITNESS WHEREOF, the parties have executed this agreement the dates set forth below. LESSEE: SA RECYCLING LLC By: Printed: Date: ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity Date: M 1204724.1 75D-1 0 2 Orange County Transportation Authority BILL OF SALE LANDLORD: VALDIVIA FAMILY TRUST M Federico Valdivia, Successor Trustee Date: APPROVED AS TO FORM: WOODRUFF, SPRADLIN & SMART, APC Date: By: _ James M. Donich General Counsel for OCTA PAULA SCHAEFER LAW Date By: _ Paula A. Schaefer Attorney for Valdivia Family Trust PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP Date: By: Michael Leifer Michael Kehoe Attorneys for SA Recycling LLC VALDIVIA FAMILY TRUST/SA RECYCLING LLC Page 3 1204724.1 75D-1 0 3 ORANGE COUNTY TRANSPORTATION AUTHORITY ("OCTA") STATEMENT OF COMPENSATION AND VALUE SUMMARY (IMPROVEMENTS PERTAINING TO REALTY) DATE OF VALUATION: March 9, 2016 PROJECT: OC Streetcar Project PARCEL NO: OCS-002 & 003 PROPERTY LOCATION: APN: 007-100-04 & 05 1922 (also known as 2006) and 2002 W. Fifth Street Santa Ana, CA 92703 PROPERTY OWNER: Valdivia Family Trust TENANT: SA Recycling LLC DESCRIPTION OF SUBJECT BUSINESS: SA Recycling is located at 1922 (also known as 2006) and 2002 West 50' Street, Santa Ana, California. Mr. Alex Villa, a Supervisor for the Subject Business, reported that the Subject Business started operation at the Subject Location in 2007. BASIS OF COMPENSATION: The OCTA's offer of compensation is based upon the Fair Market Value in Place of the subject F&E and is not less than the approved appraised valuation. The amount of the offer is the full amount believed to be compensation for the F&E. OCTA had the subject F&E appraised to determine the Replacement Cost New, the Fair Market Value in Place the Salvage/Liquidation Value of the assets identified as being F&E. In valuing the F&E, the appraiser physically inspected the assets listed on Exhibit A and examined the age, condition and considered the useful life of each asset, both physically and functionally. The appraiser then contacted the manufacturers' representatives and used Marshall & Swift Valuation Services, as well as cost/marketing data of the assets in question and various resale internet sites. Using this data, the appraiser determined the Replacement Cost New Value, the Fair Market Value in Place and the Salvage/Liquidation Value based on the following definitions: Fair Market Value in Place In estimating the fair market value of the assets appraised herein, we have relied upon the definition of fair market value found in Article 4, §1263.320 of the California Code of Civil Procedure, which reads as follows: 75D-104 (a) The fair market value of the property taken 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 so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. In estimating the fair market value in place, additional costs may be incurred to place the asset in service including installation, freight, sales tax, design and other acquisition costs. Salvage Value The term salvage value means the probable sale price of an item offered for sale to knowledgeable buyers with the requirement that it be removed from the property at a buyer's expense (i.e., not eligible for relocation assistance). This includes items for re -use as well as items with components that can be re -used or recycled when there is no reasonable prospect for sale except on this basis. [Source: Code of Federal Regulations, Title 49, Subtitle A, Part 24, Subpart A, Section 24.2 (a) (23)] Salvage value is the price the State would obtain for the equipment in place at auction with the buyer removing the equipment in a relatively short time. [Source: Caltrans Right or Way Manual, Chapter 7, Appraisals, Section 7.08.05.00] The Fair Market Value in Place of the F&E was determined to be $423,850, which is the basis for OCTA's determination of compensation. Please note that moveable business fixtures and equipment listed on Exhibit B will not be acquired, but OCTA will pay the reasonable costs of moving the items pursuant to the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, and California Government Code Section 7267 and its implementing guidelines. RECOMMENDED COMPENSATION: The recommended amount of compensation for the acquisition of the F&E is $423,850. 2 75D-105 ORANGE COUNTY TRANSPORTATION AUTHORITY SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN The Orange County Transportation Authority (OCTA) is proposing to purchase real property or interests therein in connection with the construction of the OC Streetcar Project (Project) and related improvements and appurtenances. The property located at 1922 (also known as 2006) and 2002 W. Fifth Street in the City of Santa Ana, is within the Project area and identified by your County Assessor as Parcel No. 007-100-04 & 05. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that you, as an owner from whom a public agency proposes to purchase real property or an interest therein or as a tenant owning improvements on the property must be provided with at a minimum, a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment of the probable amount of just compensation prior to vacating the real property being acquired unless you have heretofore waived such entitlement. In the event of any voluntary purchase or sale of the property or interests, you would not be required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes allocable to any period following the passage of title or possession. 2. The OCTA will offer to purchase any remnant(s), if any, considered by the OCTA to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed. 3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction, and which are owned by you as the owner or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The real property interest proposed to be acquired is: Fee Simple — Full Acquisition and Improvements Pertaining to Realty. 4. The market value of the property proposed to be acquired is based upon a market value appraisal which is summarized on the attached Valuation Summary Statement, and such amount: A. Represents the full amount of the appraisal of just compensation for the property proposed to be purchased; B. Is not less than the approved appraisal of the fair -market value of the property as improved; C. Disregards any decrease or increase in the fair market value of the real property proposed to be acquired prior to the date of valuation which might be caused by the Project itself or by the likelihood that the property would be acquired for or in connection with the Project, other than that due to physical deterioration within the reasonable control of the owner or occupant; and D. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the OCTA: 5. Pursuant to Code of Civil Procedure Section 1263.025 should the owner of the property elect to obtain an independent appraisal, the OCTA will pay for the actual reasonable costs up to Five Thousand ($5,000) Dollars subject to the following conditions: A. You, not the OCTA, must order the appraisal. Should you enter into a contract with the selected appraiser, the OCTA will not be a party to the contract; B. The selected appraiser is licensed with the California Bureau of Real Estate Appraisers (BREA); 1197842.1 75D-106 ORANGE COUNTY TRANSPORTATION AUTHORITY SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN C. Appraisal cost reimbursement must be made in writing, and submitted to the Orange County Transportation Authority c/o Paragon Partners Ltd. at 5762 Bolsa Avenue, Huntington Beach, CA 92649 Attn: Phillip L. Bonina, within ninety (90) days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract (if a contract was made), appraisal report, and the invoice for the completed work by the appraiser must be provided to the OCTA concurrent with the submission of the written request. The costs must be reasonable and justifiable. 6. If you are the owner of a business conducted on a property proposed to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, you may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner and/or lessee's ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure. 7. If you ultimately elect to reject the OCTA's offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 8. You are entitled to receive all benefits that are available through donation to the OCTA of all or part of your interest in the real property sought to be acquired by the OCTA as set out in Streets and Highways Code Sections 104.2 and 104.12. 1197842.1 75D-1 07 ORANGE COUNTY TRANSPORTATION AUTHORITY FULL ACQUISITION OFFSET STATEMENT (Fano k) EXHB,T 8 -EX -18A (Rev. 6/95) PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, at seq.), notice is hereby given for time request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this fort. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. PROJECT: PARCEL NO.: WHEREAS, The Orange County Transportation Authority (OCTA) seeks to acquire fee -simple title to certain lands and buildings, including that certain building known as and, (Address) WHEREAS, OCTA and the owner of said building are negotiating a sale of said building.. NOW, THEREFORE, The undersigned makes the following statement of facts and represents to, OCTA that each of said facts is hue and correct in every detail. That the undersigned are the tenants in possession corder the terms of. 1. () An oral lease from month-to-month O A written lease for a term ending at a monthly rental of $ and that the undersigned has paid all rents to and including the day of 20_, and has paid no rents beyond said date except 2. That the last rental payment was made to and that the next rental payment of $ will be due and payable on the day of '20 3. ( ) that no offsets are claimed by the undersigned tenants and/or lessees against any rents which have been paid of which may hereafter become due. ( ) That the following offsets are claimed by the undersigned tenants ( ), lessees ( ), against future rents: ORANGE COUNTY TRANSPORTATION AUTHORITY FULL ACQUISITION OFFSET STATEMENT (Form N) EXHIBIT S -EX -18A (Rev. 6/95) 4. That it is widerstood and agreed between the undersigned that the following items are considered pari of the realty and are owned by the: LESSOR () None ( ) LESSEE () None ( ) Dated this day of 20_ TWA 0 TENANT ( ) NONE ( ) TENANT ( ) or LESSEE GRANTOR (LESSOR) EXHIBIT A IMPROVEMENTS PERTAINING TO REALTY 75D-110 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - MARCH 9, 2016 Item Replacement Fair Market Salvage No. Qty, Description CostNew Value hr Place Value I 1 Sign, 12'x 4.5', painted plywood, painted words, "SA Recycling', $2,500 $2,000 $0 plus 9 words, multi -colored, metal frame, exterior fetrce-mounted 2 1 Sign, 8' x 4', 2 sided, painted plywood, painted letters, "SA $3,000 $2,350 $0 recycling', plus I 1 words, painted softwood frame and 2 uprights, 10.5' high, painted concrete pad, 10' x 1.5' x 4', with inset planter 3 1 Group of exterior railing, exterior of office/warehouse building, $20,000 $16,500 $0 painted welded tubular metal, consisting of 210 Linear feet of guardrails, 2 to 4 cross members 8 Linear feet of hand rails, at stairs 42 Linear feet of hand rails, at rainp on north side of building 4 1 Alarm system, (not including, 8 snap shot cameras, wireless, in S5,100 $4,350 $0 yard, and receiver panel; exterior office wall -mounted, by Videoland, leased from Bay Alarm), consisting of: 1 Control panel 3 Code pads 5 Door contact sensors 7 Motion sensors 5 Warehouse door sensors 1 Line cut battery back up system 2 Panic buttons 5 18 Bollards, painted tubular metal, concrete filled, consisting of $7,400 $5,900 $0 4 Thigh, 8" x 8", square tube 2 42" high, 6" diameter 2 48" high, 4" diameter 4 36" high, 6" diameter 1 48" high, 6" diameter 5 50" high, 6" diameter 6 22 High intensity discharge (IIID) work lights, including, local $36,000 $28,500 $0 electrical, consisting of 6 Wall washers 16 Pole and bracket -mounted, painted metal, including, 1 small metal mounting pole, 1 mounting pole on radiation detection unit at truck scale, 20' high (estimate), 4 building roof -mounted metal brackets 7 1 Group of yard waste water drainage improvements, consisting of: $21,500 $17,000 $0 1 Catch basin, Tx 3' T (estimate), concrete, with, metal grate enclosure, 6'x 1.5'x 4', 1 sump pump, control panel and 30 amp safety switch, local electrical 75D-111 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - MARCH 9, 2016 Item Replacement Fair Market Salvage No. Qty, Description Cost New Value in Place Value 410 Linear feet (estimate) of drainpipe to filtration vessels, 3" diameter, plastic, 2 ball valves 15 Linear feet of street discharge drain pipe, 2" diameter, plastic, with coupling, 1 in-line flow meter, GF, digital, local electrical 22 Surveillance cameras, including, 3 rotating zoom/pan, 13 $30,000 $22,000 $600 stationary, 12 with weather housings, 1 yard mounting pole, 20' high (estimate), 4" x 4", painted metal, 6 at warehouse scrap weigh stations, 4 I snapshot, by Axis, 2 by IQ Eye, cabling, power packs 265 Linear feet of concrete barrier blocks, blocks are Tx 2.5' x 23, $43,000 $34,000 $1,500 including, 175 linear feet of 4 blocks high, 40 linear feet of 3 blocks high, 50 linear feet of 2 blocks high, approximately 190 total blocks 10 160 Linear feet of interior yard fencing, 10' high, painted 1/2" thick $115,000 $85,000 $0 steel plate sheeting, heavy duty steel frame with 14 I beam uprights, 8" x 7", 3 cross members, 4" x 4", 160 linear feet of top - mounted chain link fence, 3 cross members, 1 slide gate, 26' long, metal frame, painted corrugated metal covering 11 2 Radiation detection panels, at truck scale, Ludlmn Measurements, $45,000 $35,500 $3,000 Incorporated, Model: 45254400, Serial: GM -5153, each with I beam frames, local electrical and cabling 12 1 Truck scale, in -ground, 70'x 10' platform, with diamond plate $94,000 $77,000 $5,000 top, 60 ton capacity, including, 1 camera, cabling, power pack, I exterior direct read out (DRO), Matko Electronic Displays, 1 interior DRO, by GDE, Model: 560 13 1 Truck scale, Above -ground, Southwestern Scale, Sidewinder, $76,000 $62,500 $4,000 Model: 4035 LPS, Serial: 082397, 40 ton capacity, with steel framned side walls, drive -on and drive -off concrete pads, 1 camera, cabling, power pack, 1 exterior DRO, Matko Electronic Displays, I interior DRO, by GDE, Model: 560 14 1 Fire suppression water boost system, including, 25 linear feet of $6,500 $5,350 $300 1.5" diameter copper pipe connection, with ball valve, 1 control panel, GE, 300 Line Control, metal wall mounting bracket, 1 pump motor, Goulds Water Technology, Model: 36565, ground - mounted metal stand, 1 fire hose with wall -mounted hanger, 7' long, metal 75D-1212 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - MARCH 9, 2016 Item Replacement Fair Market Salvage No. Qty. Description Cost New ValuenrPlace Value 15 1 Emergency eye wash station, pedestal base, with shower, local $1,700 $1,350 $100 plumbing 16 1 Lot of supplemental electrical power distribution, for specific $10,500 $9,050 $0 business equipment, including, wire, conduit and circuit breakers, consisting of: 1 120 volt duplex receptacle, at diesel station in yard 1 120 volt duplex receptacle, at "Stoiminator" station, with 2 ontoff switches, and hardwiring to storage container 1 120 volt quadraplex receptacle, in warehouse . 2 120 volt hardwirings for pallet scales, in warehouse 1 120 volt quadraplex receptacle, for pallet scale, in warehouse 2 120 volt duplexes, and electrical reels, in warehouse 17 1 Lot of minor miscellaneous yard improvements, including, 8 whip $4,700 $3,600 $50 banner hangers, minor signage, 4 traffic mirrors, T diameters, 2 public address speakers, wiring, 2 electrical outlet hose reels 18 52 Linear feet of wall guard rail, in warehouse, 3' high, 11 bollards, 3 $6,700 $4,900 $0 cross members, painted metal 19 1 Time recorder, Schlage, Model: Hand Punch 4000, including, $4,600 $3,650 $200 metal control box, with, uninterrupted power source, APC, Model: ES550, electrical outlet ship, local electrical 20 1 Lot of intemet/network cabling for approximately 12 stations, $4,200 $3,350 $0 including, receptacles TOTAL IMPROVEMENTS PERTAINING TO THE REALTY $537,400 $423,850 $14,750 75D-1313 EXHIBIT B MOVABLE F &E 75D-114 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA MOVABLE FURNITURE AND EQUIPMENT Item No. Qty. Description 21 1 Storage cabinet, Tx 6', 2 door, Craftsman 22 2 Desks, 60" x 30", with return, laminate, double pedestal 23 1 Desk, 60" x 30", with return, 4' connector 24 11 Stack chairs, fabric seat and back 25 2 File cabinets, vertical, 2 drawer 26 1 Compact refrigerator, Frigidaire, estimated 4 cu ft. 27 1 Bookcase, 2.5'x 6', laminate, 5 tier 28 5 Telephone handsets, Cisco, Model: 1P Phone 7941 29 1 Laptop, Dell, Model: Latitude, Core i5 processor with docking station, wireless keyboard and mouse 30 2 LCD monitors, Dell, 22" 31 1 Metal scanner, Olympus, Model: DP -2000, Serial Number: 541800, with charging station 32 1 Printer, HP, Model: LaserJet, P3005n 33 1 White board, 6'x 4', no frame 34 1 Swivel arm chair, medium back, 3 paddle, vinyl 35 1 Lot of minor miscellaneous office and desk accessories 36 4 File cabinets, lateral, 5 drawer, 42" 37 2 Storage cabinets, 3' x 6', 2 doors, metal, Hon 38 1 Size T gas cylinder 39 7 Cordless power tools, Dewalt and Milwaukee 75D-115 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA MOVABLE FURNITURE AND EQUIPMENT Item No. Qty, Description 40 2 Bottled water dispensers, hot and cold 41 1 Swivel stool, fabric seat and back, foot ring, 1 paddle 42 1 Copier, Kyocera, Model: Taskalfa 3 00c 43 1 Computer wall mount, 2 shelf 44 1 Desktop computer, Dell, Model: OpitPlex 780, with LCD, Dell, 17" 45 2 Radiation detectors, Ludlum Instruments, Model: 3 Survey Meter 46 11 Swivel arm chairs, vinyl, chrome base; 1 paddle 47 2 Swivel arm chairs, vinyl, high back, 1 paddle 48 8 File cabinets, vertical, 2 drawer, letter - 49 4 File cabinets, lateral, 2 drawers, 30" 50 2 Cash drawers 51 1 Desktop computer, ThinkCentre, Model: M Series, with LCD, Elo, Model: 17" 52 1 Desktop computer, Dell, Model: OptiPlex 745, with LCD, Dell, Model: 17", with mount bracket 53 2 Receipt printers, Star, Model: TSP 800 II 54 1 Receipt printer, Epson, Model: M66SA 55 1 Bar seamier, Honeywell, Model: 3800g 75DA16 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA MOVABLE FURNITURE AND EQUIPMENT Item No. Qty. Description 56 2 Desktop computers, Dell, Model: OptiPlex 755, with LCD, Dell, 22", 1 -computer camera, Axis, 2- monitor desk shelves, plastic 57 1 Currency counter, Royal Sovereign, digital 58 12 Motorola radios, Model: Ht750, with 2-6 station chargers 59 1 Compact refrigerator, GE, estimated 6 cu. ft. 60 1 All -in -one machine, HP, Model: Color LaserJet CM23201if 61 1 Cabinet, 2 door, 2' x 2.5', 2 door, metal 62 1 Laptop, Dell, Model: Latitude, with 2 LCD's, Dell, 22", plastic monitor desk shelf, wireless keyboard and mouse 63 1 Surveillance monitor, Panasonic, Model: WV-LC1900 64 1 Camera remote controller, Dedicated Micros 65 1 Bookcase, Tx 6', laminate, 4 tiers 66 1 White board, 6'x 4', Quartet, aluminum frame 67 1 Group of minor miscellaneous items: 2 Oscillating floor fans, Lasko, 18" 3 Print calculators, Sharp, Model: EL-2196BL 3 Bulletins, 3' x 2', cork 3 Fire extinguishers, 5 lbs., dry chemical 1 Tire wall clock, 14" 1 First Aid Kit, wall mount, metal I Laminator, Scotch, Model: TL901 2 Microwave, Avanti, stainless steel 1 Toaster oven 2 Water coolers, plastic, Igloo 1 Coffee dispenser, Air Pot 1 Paper shredder 1 Microwave, GE, stainless steel, with wire shelf stand 75D-117 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA MOVABLE FURNITURE AND EQUIPMENT Item No. Qty. Description 1 Folding table, 6', plastic 68 1 Office occasional table, 4' diameter, laminate 69 1 Desk, 60"x30", laminate, I pedestal 70 1 Conference table, 12'x 4', oval, finished wood, panel legs, 2 piece 71 3 Bookcases, 3.5'x 4.5', metal 72 1 Monitor, Sanyo, 32", wall mount 73 2 Refrigerators, GE, Model: Americana, overlunder, A3316ABSBRW W 74 1 Desktop computer, Dell, Model: Vostro 360, Core i3, with Dell speaker set 75 1 Time recorder, Iifor,.biometric 76 1 Monitor, Vizio, 32" 77 9 Stack chairs, fabric seat and back, 2" thick 78 1 Locker set, 3 over 6 cubes 79 1 File cabinet, lateral, 3 drawer, 42", lock 80 1 Compact refrigerator, Kenmore, estimated 4 on ft., with rolling stainless steel stand 81 1 Group of computer network components: 1 Wall rack cabinet, Hoffman, 22" x 49" x 24" 1 Integrated services router, Cisco, Model: 2811 2 Nehvorking unit, Cisco, Model: Catalyst 3560G, Series 1 48 pat bub, CAT 6, ICC 1 24 port hub, CAT 6, Leviton 1 Wireless router, VeloCloud 1 Wireless router, AT&T Uverse, Model: NVG589 75D-'618 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA MOVABLE FURNITURE AND EQUIPMENT Item No. Qty. Description 1 Power supply, Altronix, Model: 16 1 Plug-in outlet center, Wiremold 1 Surveillance DVR, Dedicated Micros 16 channel 1 Power back up, APC, rack mount 82 11 Fire extinguishers, 10 lbs., dry chemical 83 3 Fire extinguishers, 5 lbs., dry chemical 84 2 Fire extinguishers, 30 lbs., for metal fires 85 1 Waste compactor, estimated 2,000 lbs., steel, forklift type 86 T Utility cart, 2 tiers 87 1 Worktable, 4'x 3', steel 88 1 Workbench, 8'x 4', steel, back splashes, vise 89 1 Workbench, 6' x 4', steel, back splashes 90 1 Abrasive cut off saw, Dewalt, 14" 91 2 Utility carts, stainless steel 92 1 Rolling tool cabinet, 12 drawer, Craftsman 93 3 Cable pullers, 4,000 lbs. 94 3 Job boxes, steel 95 2 Pallet jacks, 5,500 lbs. 96 1 Group of bins: 41 6'x 4.5'x 4', steel 17 4' x.5' x 4', steel 12 Trash, 6'x 4', plastic flip lids 9 Stackable, 4'x 2.5'x 4', SSI Schafer 2t/8t 2 Bins, tipping, forklift type 75D-119 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA MOVABLE FURNITURE AND EQUIPMENT Item No. Qty, Description 11 Wirebaskets 97 1 Lot of trash barrels, plastic, mostly Rubbermaid, Brute, some drums, approximately 170 98 25 Flat bed hand trucks, steel, generally 4'x 2.5' 99 3 Picnic tables, 3'10" x 3'10", coated expanded metal, 4 benches, tube steel fi•ame, with 3 umbrellas 100 2 Trash receptacles, outdoor, metal, cylinder 101 7 Spill pallets, plastic 102 3 Scales, 4'x 4', with on/off ramps, Systems Alternatives bit, LLC, with computer podium cart, computers, receipt printers, GSE, Model: 560 digital readouts 103 1 Area fan, Maxx Air, 24", floor model 104 1 Paint stripe sprayer cart 105 1 Flammable storage cabinet, 2 door, Justrite, 45 gallon, Model: 894500 106 3 Carpet blowers 107 3 Chairs, aluminum 108 1 Emergency shower and eye wash, Bradley, portable tank type 109 1 Forklift, Caterpillar, Model: PD10000, 2012, Serial Number: AT19D80260, with rotating forks attachment, diesel, 3 stage mast, yard tires 110 1 MIG welder, Miller, Model: Dua1MIG 131T/1, with cart 111 1 Aisle safety fence, accordion 75D-1 20 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA MOVABLE FURNITURE AND EQUIPMENT Item No. Qty. Description 112 1 Shelving unit, 4'x 6'x 13, plated wire, 4 tier, casters 113 1 Welder, Miller, Model: Spectrum 375 114 1 Scale, 5'x 5', with GSE 560 digital readout, 10,000 x 2 lbs. 115 1 Rolling tool cabinet, Craftsman, 8 drawer, with side cabinet 116 1 Rotating fork attachment 117 2 Dual grapple buckets attachment for John Deere 270 118 1 Skid steer loader, John Deere 270, Serial Number: K70270A270904 119 1 Skid steer loader, Caterpillar, Model: 252B, with dual grapple bucket, Turbo 120 i Skid steer loader, Caterpillar, Model: 262C, with yard brush sweeper attachment 121 1 Mobile wash trailer, Hydrotak.com, Steam -X Power Equipment, Model: SS30004VG, 4 gallon per minute, 3,000 psi, "Mobile Wash Skid", gas engine 122 4 Shipping containers, 20' 123 1 Shipping containers, 40', miscellaneous contents 124 1 Portable loading ramp, steel, 40' 125 3 Slid steer buckets 126 1 Excavator grapple, 2 way 127 1 Lot of safety bollards, plastic in bin 128 1 Lot of damaged bins, various, not in use, not appraised 75D-121 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA MOVABLE FURNITURE AND EQUIPMENT Item No, Qty, Description 129 2 Cylinder storage platforms, 20' x 8' high, 3 and 4 section steel, 1 with canopy 130 2 Propane tank holder, steel 131 2 Safety barriers, plastic, Annorcast, fillable 132 1 Floor machine, American -Lincoln, Model: 2160, propane 133 1' Forldift, Clark, Model: C50SD, diesel, Serial Number: P455D02629802; 3 stage mast, no attachment, no longer in use, not appraised 134 1 Tire machine, Butler, Model: 10533, Serial Number: 06019, Date of Manufacture: 06/03, not in use, not appraised 135 1 Forklift, Hyster, Model: 50, propane, rotating fork attachment, 3 stage mast, not in use, not appraised 136 1 Mobile work light trailer, Alhnand, Model: Night -Lite Pro, 4 x 1250 watt, SHO Lighting System 137 1 Air compressor, Champion, I0hp, 120 gallon, horizontal tank 138 2 Roll off bins, 24', open top, 6' high 139 6 Roll off bins, 24', open top, 8' high 140 1 Wheeled fire extinguisher, Amerex, Model: 493, Serial Number: 5396013, 14 kw 141 1 DC welder/generator, MQ Power MultiQuip, Model: BLW- 400SW, on cat 142 1 Forklift, Caterpillar, Model: DPL40, Serial Number: 3CM11973, rotating forks attachment, Cascade, diesel, tires 75D-1122 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA MOVABLE FURNITURE AND EQUIPMENT Item No. Qty. Description 143 1 Excavator, Caterpillar, Model: 330CL, 2003, with contractor grapple, 18,074 hours, under repairs, value assumes working 144 1 Size T tank forklift rack, with cabinet 145 1 Hydraulic lift table, Presto Lifter 146 1 Skid steer loader, Caterpillar, Model: 252B, dual grabble bucket, Serial Number: CAT0252BJSCP05440 147 1 Wheel loader, Caterpillar 980C, 1980 148 1 Excavator, Caterpillar, Model: 300DL, 2007, with hydraulic scrap shear 149 1 Container loader, custom build, not in use, not appraised 150 1 Material hauler, Caterpillar, Model: MH3037, 2015; with orange peel and magnet attachments 151 1 Auto dismantling rack, 16', 3 uprights, base fluid containment, platform, 20'x 8', 20" high, made from shipping.container frame, corrugated iron canopy 152 1 Paint sprayer 153 1 Charger, Schafer, Model: FC40 154 1 Emergency eye wash, tank type 155 2 Oil drip pans, rolling 156 1 Lot of tools 157 1 Tire machine, Coats 158 4 IBC containers, 275 gallon 75D-1223 SA RECYCLING, 2006 WEST 5TH STREET, SANTA ANA, CALIFORNIA MOVABLE FURNITURE AND EQUIPMENT Item No. Qty, Description 159 1 Gasoline, fuel tank, 500 gallon, steel cylinder, with containment box, steel 160 1 Lube pump, drum top, Graco, pneumatic, with drum cart, forklift design 161 1 Workbench, 10', spray down screens 162 1 Canopy platform, made from 20' shipping container frame, corrugated iron canopy 163 1 Hotsy Stearn washer 164 1 Roll off, 24', 4' high, open top 165 3 Refrigerant recovery machines, Appion, Model: G5 Twin, hand truck mounted 166 2 Generators, Ridgid, Model: 8500 start watts, 6800 running watts, gas engine 167 1 Air compressor trailer, Atlas Copco, Model: XAS97(JD), Serial Number: 8972-425001 168 1 Air compressor trailer, Athals Copco, Model: XAS 120, 250 CFM 169 1 Flammable fluids storage cabinet, 2 door, Protectoseal, Model: 55455, 45 gallon 170 1 Tool cart 171 1 Car logger baler, Al -Jon, Model: CL 580, Builtrite handler, Model: 2C4201, Serial Number: NS3930 172 1 Loading ramp, 40', steel 173 1 Step ladder, Louisville, 6', hand rails, Castors, aluminum 75D-1324 SA RECYCLING, 2006 WEST STH STREET, SANTA ANA, CALIFORNIA MOVABLE FURNITURE AND EQUIPMENT Item No. Qty. Description 174 1 Group of storm water filtration equipment for "Storminator" system, consisting of: 1 Tank, Baker tank, plastic, 9' diameter, 11.5' high, approximately 5,400 gallon capacity 1 Tank, Rotonics Manufacturing Inc., Part No. 4995, plastic, 5,007 gallon capacity 1 Filter vessel, Filter Specialist Inc., Model: X-100, Serial Number: 11102010 2 Pump motors, (swimming pool pumps), Pentair Pool Products, Part No. 0111513, Serial Number: N/A, 1 lip 1 Filter vessel, Pentair Pool Products, Triton II, Part No. 140210, Serial Number: 0101010080017L, Date of Manufacture: 11/10/08 7 Filtration vessels, Storm Water Online Inc., Serial Numbers: 10005, 10010, 10006, 10007, I -No S/A, (same as 10007), 10132, 10056 8 Filtration valves, Pentair Pool Products, valve Model: SM -20-3, valve assembly Model: SM2-PP3 4 Flexline hoses, 2" diameter, 3-6' long, 1-10' long, with couplings 9 Plastic pallets, 4'x 4, with steel diamond plate tops 175 1 Dry storage container, 26'x 8' x 8', 2 door, with 14' wide cut- out, built-in shelving unit, 10'x 6'x 2', tub metal, 3 tier, plywood decking 176 1 Canister vacuum, Ridgid, 16 gallon, 6.5 hp, plastic 177 2 Step ladders, Werner, 6' high, fiberglass 178 1 Straight ladder, 12' high, aluminum 179 2 rBC containers, with cut tops 75D-125 -21�l `' f � ! Transw%ortation i 1185095.1 m 75D.126 INTRODUCTION This booklet was prepared for you as a person who may potentially be affected by a proposed public transportation project. If it is your property that is affected, you may have wondered what will happen. Who will contact you? Who will pay your moving costs? Will Orange County's Transportation Authority (OCTA) help you find a new place to live? What will you be paid for your property? Important questions like these require specific answers. We hope this booklet will answer some of your questions and present a better picture of our overall procedures. WHY DOES A PUBLIC AGENCY HAVE THE RIGHTTO BUY MY PROPERTY? Our State and federal constitutions recognize the need for public agencies/entities to purchase private property for public use, and provide appropriate safeguards to accomplish this purpose. State and federal constitutions and the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended; authorize the purchase of private property for public use and assure full protection of the rights of each citizen. The Orange County Transportation Authority ("OCTA"), a public entity, may purchase private property for public use. INITIAL PROJECT PLANNING The responsibility for studying potential sites for a transportation project rests with a team of specially trained individuals selected to do this important job. Many months or even years are spent in preliminary study and investigation to consider possible locations for a project. Consideration of the environmental and social impacts are as much a part of location determination as engineering and cost. Participation by private citizens and public agencies is actively sought so that various views can be considered in the study process. The process may include public hearings and/or workshops, which give persons an opportunityto express their views on the locations being considered. The team of trained individuals is composed of many specialists. Among these are: Transportation Planners These individuals determine methods and routes for the traveling public. This includes studies of existing traffic patterns, "origin -destination" surveys and user benefits. They also determine whether the proposed project location is economically sound. They research and analyze the effects produced by similar projects upon other communities. 11£5095.1 75D-127 Environmental Planners These individuals evaluate the socio-economic and/or environmental impacts, including traffic, noise and visual impacts of the proposed project Design Engineers These individuals recommend the type of transportation project which will be of the most benefit to the public. They prepare design plans which determine the properties needed for the project. Relocation Specialists These individuals perform early studies of the general needs of persons who may need to be relocated and the kind of replacement properties which may be required. A relocation impact analysis will be completed before the Department requires anyone to move from their property. As a result of this team effort, the best possible location for a transportation project is selected after thorough social, economic, engineering, and environmental analyses, as well as consideration of expressed public concerns and desires. The goal is that the project providethe greatest public good and the least private injury or inconvenience while rendering the best possible service. Transportation Surveyors These individuals perform field surveys and monument property lines to delineate and map the Department's right of way needs. They are also authorized. by law to enter real property to perform such tasks. It is the Department's policy that owners and tenants of property will be notified prior to such surveys. FREQUENTLY ASKED QUESTIONS WHO WILL CONTACT ME? One of the first persons you will meet is an independent appraiser. You will be afforded the opportunity to accompany the appraiser on the inspection of your property. At the time of the inspection the appraiser will also provide you with general project information. The appraiser will analyze your property and examine all of the features which contribute to its market value. Information about improvements you have made and any other special features that you believe may affect the market value of your property should be given to the appraiser to ensure he/she has all the information you feel is relevant. It is the duty of OCTA to ensure that you receive fair market value for the property rights and/or interests needed for the project. The OCTA cannot buy your property for more than it is worth, but it can and will assure you that you do not have to sell your property for less than its fair market value. California law provides that the owner shall receive a copy of the appraisal or a summary of the valuation upon which the Department's offer is based. 1185095.1 75D-1 28 At the time the offer ismade to purchase property rights and/or the interests needed in your property, you may obtain your own appraisal and the Department will reimburse you up to $5,000 for the actual, reasonable costs of obtaining an independent appraisal. A licensed State appraiser must perform your appraisal. Your OCTA acquisition agent will provide more information concerningthis reimbursement at the time of the offer. WHAT ADVANTAGE IS THEREIN SELLING YOUR PROPERTY TO THE DEPARTMENT? A purchase of property rights and/or interests in your property by OCTA is handled in the same way as any private sale of property. However, there can be financial advantages in selling to the Department. The Department will pay fair market value for the property rights and/or interests in your property. The Department will also pay for the preparation of all documents, all title and escrow fees, a policy of title insurance, recording fees and such other fees as may be required for the conveyance of title to OCTA. Since this is a direct conveyance of real property from the property ownerto OCTA, there are no real estate commissions involved, and the Department will not recognize or pay any such real estate commissions. A private sale will usually cost thousands of dollars in sales expenses. There are no seller's expenses in a purchase by the Department. Additionally, depending on your specific circumstances, you may be eligible for relocation payments and benefits for moving personal property and/or when you move. These benefits are described in supplemental booklets which will be provided to you, should the Department's acquisition actually cause your personal property to be moved and/or you to be displaced from your property. WILL I BE PAID FOR LOSS IN VALUE TO MY REMAINING PROPERTY? When only certain interests (i.e. a Temporary Construction Easement) or a part of your property is needed for a project, every reasonable effort is made to ensure that you do not suffer damages to the remainder of your property. The total payment by OCTA will be for the property or interests in the property OCTA actually purchases, for any loss in market value to your remaining property and temporary damages to the remainder of your property, if any. 1155095-1 75D-129 The determination of any loss in market value and/or temporary damages to the remainder are appraisal problems involving many variables. When these situations occur, your OCTA acquisition agent will explain the effect of a partial acquisition on your remaining property. Additionally, as an owner of a business conducted on the property to be purchased, you may be entitled to compensation for a loss of business goodwill. Your specific circumstances will need to be analyzed on a case-by-case basis. MAY I RETAIN AND MOVE MY HOME, BUSINESS BUILDING, MACHINERY, OR EQUIPMENT? If your house is movable and you wish to make such an arrangement, OCTA will pay you on the basis of the market value of your present lot including landscaping, plus the reasonable cost of movingthe building. There are cases where, because of age, size or condition of the house, the cost of moving it would exceed its present market value, less its salvage value. In such a case, payment of moving costs would, of course, be an unwise expenditure of public funds. If you operate a farm or business, you may wish to keep and move fixed machinery and equipment. Additionally, as an owner of a business conducted on the propertyto be purchased, you may be entitled to compensation for a loss of business goodwill. Your specific circumstances will need to be analyzed on a case-by-case basis. If any of these concepts are applicable to your situation, they will be explained by your OCTA acquisition agent. WILL I HAVE TIME TO SELECT ANOTHER HOME AFTER OCTA MAKES ITS OFFER TO PURCHASE? OCTA starts to appraise properties early enough so that you will have ample time to move priorto your property being needed for construction of the project. Like any other real estate transaction, it requires time to close an escrow after a right of way contract and deed have been signed. If it is determined at any point in the process that property needs to be purchased in its entirety and/or you are notified that you are eligible for relocation benefits, you will not be required to move until reasonable, decent, safe and sanitary replacement housing is available. If you receive a written offer to purchase your entire property from OCTA, it is in your best interest to look for a new place to live as soon as possible. Finding home early that best suits your needs before you are required to move will minimize your personal inconvenience and will avoid havingto make a choice of housing under pressure. In some instances you may be able to sell your propertyto OCTA and rent backtemporarily pending construction. 1185095.1 75D-1 30 If it's determined you are eligible for relocation benefits, OCTA also offers to provide you with assistance in finding a new place in which to live. OCTA will give you at least 90 days notice in writing before you are required to move. WHAT HAPPENS TO THE LOAN ON MY PROPERTY? After you and OCTA have agreed upon a price, your OCTA acquisition agent and/or a title company will contact all other parties having an interest in the property. Payment to satisfy outstanding loans or liens will be made through a title company escrow as in the case in any real estate transaction. WHAT WILL HAPPEN TO MY GI OR CAL -VET LOAN? The Veterans Administration and the California Department of Veterans Affairs allow your veteran loan privileges to be transferred and to become available for coverage on another property. If it's determined that your property needs to be purchased in its entirety, your OCTA acquisition agent will assist you in the transfer. However, it is highly recommended you check with the Veterans Administration or the California Department of Veterans Affairs for procedural instructions. IF THE VALUE OF MY PROPERTY IS HIGHER TODAY THAN WHEN I PURCHASED IT, DO I HAVE TO PAY INCOME OR CAPITAL GAINS TAX ON THIS DIFFERENCE WHEN I SELL/CONVEY TO OCTA? According to the Internal Revenue Service, the sale of propertyto a governmental agency for public purposes comes under the definition of an "involuntary conversion". In these cases, it is not necessary to pay income tax or capital gains tax if the money you receive is used to buy a similar propertywithin a limited period of time. In every case, however, you should check with your local Internal Revenue Service office and/or accountant. WILL I LOSE THE FAVORABLE PROPERTY TAX BASIS THAT I NOW HAVE UNDER THE PROVISIONS OF PROPOSITION 13? Section 2(d) of ArticleXlll-A of the California Constitution, Section 68 of the Revenue and Taxation Code, and Rule 462.500 of Title 18 of the California Code of Regulations generally provide that propertytax relief shall be granted to any real property owner who acquires comparable replacement property after having been displaced by governmental acquisition or eminent domain proceedings. You will be given a copy of Rule 462.500 with an attached page showing examples of how to calculate estimates of the tax relief you may be eligible for. These are only approximations. You must see your county Tax Assessor for a final determination. 1185095.1 75D-1 31 Note: Revenue and Taxation Code Section 68, and California Code of Regulations, Title 18, Rule 462.500, G. 1 through GA, set forth time limits that may affect your eligibility to retain your favorable current real property tax status. OCTA'S RIGHT OF EMINENT DOMAIN A property owner's rights are guaranteed by the federal and State constitutions and applicable federal and State laws. The principal right is that "Just Compensation" must be paid for any property rights or interests acquired by eminent domain. The vast majority of ourtransactions are settled by contract. However, if the owner and OCTA cannot agree on the terms of sale, OCTA may resort to the eminent domain process to avoid delaying the project, and will ultimately initiate condemnation proceedings. OCTA may exercise its power of eminent "domain to acquire private property for public use. At a public hearing called a Resolution ofNecessity(RON) hearing, OCTA will request authority from the OCTA Board of Directors ("Board") to file a condemnation action in court. You will be given an opportunity to appear before the Board to question whether public interest, necessity, planning and location require the proposed project and your property. The Board does not hear arguments regarding valuation orjust compensation at the RON hearing. WHAT HAPPENS IN A CONDEMNATION TRIAL? The purpose of the trial is to determine the amount of Just Compensation. Usually the trial is conducted before a judge and jury. Both the property owner and OCTA will have the opportunity to present evidence of value. The jury will determine the amount of compensation after being instructed as to the law by the judge. In those cases where the parties choose not to have a jury, the judge will decide the amount of compensation. The Judgment is then prepared by counsel and signed by the judge. It will state that, upon payment of the amount of the verdict for the benefit of the property owner, title will be transferred to public ownership. When OCTA makes the payment as required by the Judgment, the Final Order of Condemnation is signed by the judge and recorded with the County Recorder's office. This finalizes the actual transfer of title. 1185095.1 7501-132 IF I WANT A TRIAL, MUST I HAVE AN ATTORNEY AND EXPERT WITNESSES? Property owners have the right to represent themselves. However, you may wish to consult your own attorney. If you do not have one, in many communities the yellow pages of the telephone directory will refer you to an attorney reference service. The local bar association may also provide a list of attorneys who may offer services in eminent domain proceedings. You and your attorney must decide what type of case you will present and what witnesses will be needed. WILL I BE PAID ANY RELOCATION ASSISTANCE BENEFITS EVEN THOUGH I GO TO COURT? A decision to go to court has no effect on your right to relocation benefits. Payment of relocation benefits is administered separatelyfrom the condemnation action. You will be provided details of additional assistanceto help displaced persons, businesses, farms or nonprofit organizations in finding, purchasingor renting, and movingto a new location. These are explained in various booklets prepared for homeowners, tenants, and business and farm operators and are made available by OCTA. HOW LONG CAN I KEEP MY PROPERTY? Continued use of your property usually depends on when construction must begin, including utility relocations, and the demolition and/or clearance of buildings. If construction must begin before the trial, OCTA will seek a court order for early possession of your property. In this regard OCTA will be required to depositwith the State Treasurer, the probable amount of just compensation, as determined by an appraisal as security for the value of the property rights it is seeking. The court will determine if the amount of money deposited is adequate. Once the deposit is made the owner may withdraw all or a portion of it at anytime duringthe condemnation proceedings. The court may then grant to OCTA an order for early possession allowing OCTA to use the property for construction of the project. To obtain an Order for Possession, OCTA will file a motion with the court and schedule a hearing 90 days after you and all occupants of the property are served with the motion papers (60 days if the property is unoccupied). You and the occupants, if any, will have 30 days to oppose the motion. Once the court grants an Order for Possession of the property, OCTA may obtain possession of the property 30 days after the owner and any occupants are served with the Order. 1185095.1 7501-133 Subject to the rights of any other persons having an interest in the property, you may withdrawal] or part of the pre -Judgment deposit. If you do not make a withdrawal, OCTA will pay interest on the eventual court award, or agreed settlement sum from the time it legally occupied your property until the date of final payment to you. Interest will accrue at the applicable statutory rate until paid at the time of final settlement. OCTA's Acquisition Agent assigned to purchase your property will assist you in the transaction and will be available to answer any additional questions you may have. DEFINITIONS The language used in relation to eminent domain proceedings may be new to you. These are some terms you may hear and their general meaning. Acquire - To purchase Answer - The propertyowner's written reply, in appropriate legal form, filed with the court in response to the eminent domain complaint and as requested bythe summons. Complaint - The document filed with the court bythe Departmentwhich initiates an eminent domain proceeding. Condemnation -The legal process by which a proceeding in eminent domain is accomplished. Counsel -An attorney or attorneys. Eminent Domain -The right of government to purchase private property for public use. Fair Market value -The fair market value of the property taken 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 so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. Final Order of Condemnation -The instrument which, when recorded, transfers title to public ownership. Judgment - The court's formal decision based on applicable law and the verdict. Just Compensation -The measure of Just Compensation is Fair Market Value. Loss of business goodwill - A loss in the value of a business caused bythe OCTA's acquisition of propertythat cannot be reasonably prevented by relocation of the business 1155095.1 75D-1 34 or the owner adopting prudent or reasonable steps that preserve the value of the business goodwill. Parcel -Usually means the property that is being acquired. Plaintiff - The public agencythat desires to purchase the property. Possession - Legal control; to have the right to use. Property - The right or interest which an individual has in land, including the rights to use possess, or dispose. Summons - Notification of filing of a lawsuit in eminent domain and of the necessityto file answer or other responsive pleading. Temporary Construction Easement —A temporary right for a specific time acquired from the owner of real property to provide a work area necessary for the construction of the project. Title - Legal ownership. Trial - The hearing of the facts from a plaintiff and defendant in court of law, either with or without a jury. Verdict - The amount of just compensation to be paid for a property including any damages to the remainder, if applicable. 1155095.1 75D-135 ORANGE COUNTY TRANSPORTATION AUTHORITY CAPITAL PROGRAMS REAL PROPERTY DEPARTMENT SEPTEMBER 2015 This is an informational pamphlet only. It is not intended to give a complete statement of all State or federal laws and regulations pertaining to the purchase of your propertyfora public use, the Relocation Assistance Program, technical legal definitions, or any form of legal advice. ADA Notice For individuals with disabilities, this document is available in alternate formats. For information contact: Real Property Department (714) 560-1715 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 1185095.1 7501-136 TITLE VI PACKAGE The project proposed by the Orange County Transportation Authority may be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of,.or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title. VI Package is being provided for your information to further explain your rights. The Package includes the following documents: Title VIBooklet Title Vf of the 1964 Civil Rights Act and Related Statutes The U.S. Deparfinent of Commerce of the Census, Language Identification flashcard o Ifyou read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box on the Language Identification Flashcard and return to: Orange County Transportation Authority Real Property Depaetment 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Attn: Real Property Manager Title VI Survey Form with Self -Addressed Stamped Envelope o It is requested that the Right of Way Title VI Survey Foran be. completed and returned in the self-addressed stainped 'envelope. M Title VI Discrimination Complaint Form o Ifyc m believe you have been.subjected to discrimination, pleaseftll out the Title V1 Discrimination Complaint Form and return to: Deputy Chief Executive Officer Human Resources & Organizational Development Orange CountyTransportatton Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 714.636-7433 75D-137 75D-138 C u. m o p •o �' �5 � W. o. � o o- p F. [ d � o�o N .. 23 C' c � O y Siler � P• p Off. Gb« �Q too i6 � N .wp m vxmi 9' m' w' o ra° Fj m m W w y. Q' oy y W V3 •y.. 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S w, o Q a Zc o c >, m m •d C' 4 a', c ° c ti m �, u �. u &1• w � y ••G. d O •CO' � 5 O .r C m •C' O N yVyl m u'r a p. if 13'R 6: •C .d y: O F �: u. y p. yj �? r9. v d m •y' {i� 0 :Fl o A � m o ti'L. qqq O• ° `i' Q .D bm0' N •Fa O �.;� la o ° eo m am "^�[ }>°�_. -Oy oa�0�aa Yn b Z O C °� w -'°� EO `G 'ct O _ m w° ,a Tn Z •p m V m 21 00 �' •N-:�• y ti' ¢,'� ba Q O❑EO roW 6 .-A an .9. . � ^m.o Zoo°;� vv� Wyy�^so m❑m ^Ouoo UES3� �h Fc dd ATsu_�N`o., Fv.muN Ovuvw•o TITLE VI OF THE 19941 CIVIL RIGHTS ACT AND RELATED STATUTES Page t of NONDISCRIMINATION STATUTES ® Title VI of the 1964 Civil Rights Act 42 U,S.C. 2000, provides in Section 601 that. "No person in the United States shall, on the ground of race, color, or national origin, be. excluded. from participation in, be denied the benefits of, 6r be subjected to discrimination under any program. or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS', SERVICES, AND BENEFTTS.OF; ACCESS T0; PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR AGTIVITBES) © The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis.ofage,.be excludedfrom participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PRO.HIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal firiapficial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND -PROJECTS) o The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether areeipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary acdon to ensure compliance: The 1973 T'ederal-aid Highway. Act,.23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be.denMd the benefits of or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF'SEX) a. The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964. Civil Rights Act; Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Seciion 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB, -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) Th'e Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and). minimizing the adverse impact of displacement ... (to maimam)...the economic and social well-being of communities; and ... to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75D-140 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Paget oft The Americans with Disabilities Act, P,L. 101-536, provides; "No qualified individual with a disability shall, by reason of such disability; be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of State or a local government-: � (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.G. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and.termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-&Dyemmental discrimination and impairment under color of State law:" " Title VIII ofthe 1965 Civil Rights Act, 42 U.S.C. 3601, provides that: "(I) It shall be unlawful. -.to refuse to sell or rent after the making of a bona fide offer; of to refuse to negotiate for the sale or rental at or otherwise make unavailable or deny a dwelling to any person because of race, color, relip ort or national origin:' (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING— HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in rho function of Right -of -Way) " The National Environmental Policy Act of 1969, 42 U.S.C. 4321' Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental andecon9mila impacts, public involYemerit, and use of a systematic interdisciplinary approach at each decision makingstage of Federal -aid project development. _ " Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish; strengthen, and improve programs designed to prepare graduate and professional students for public service; and. (3)assist in strengthening undergraduate programs of instruction in certain instances. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C- 790, provides that: "(N)o qualified handicapped person shall, solely by.reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that -receives or benefits fromFederal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal If, Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FRWA-HCR-06-006 75D-141 ❑ ❑ jwu tU Lr h%.g%LnLX kMWWV6.g wJRJ gwnu 1in�uni r,. Lph iununed' qWX ttmprVnur hg ;.JhUVU, ❑ �Il .aleft °fi? f T -4 M —,51 �M a" aTc Pull R4 I ❑ lliU43i5CIN1fifi�t�LiSF3[SGS= itfafif316 ffS9TilVSit1ftl1 T2E ti ❑ Motka i kahhon ya yangin unttinghu' manaitai pat anttangnu' kumentos Chamorro. ❑nGux ANAMMPIM. ❑ Oznacite ovaj kvadratl6 ako citate ili govorite hrvatski jezik. ❑ Z9krtn8te tuto kolonku, pokud 6tete a hovonte cesky.. ❑ Kruis dit vakje aan als u Nederlands kunt lezen of spreken. ❑ Mark this box if you read or speak English. 1. Arabic 2. Armenian 3. Bengali 4. Cambodian 5. Chamorro 6. Simplified Chinese ❑ t11� °S1sI��y�Ica.�.LLL, -- na_v�n° U.S. DEPARTMENT OF CDMMERGE 75D-142 7.Traditional Chinese B.Croatian 9. Czech 10. Dutch 11. English 12. Fars! E.�mm�tu ends Ihg. Adminbttn9en 75D-143 U.S. CENSUSSUREAU 11 French A German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. llocano 21. Italian 22.Japanese 23. Korean 24. Laotian 25. Polish Cocher 1ci si vous lisez ou parlez le frangais. Kreuzen Sie dieses.Kdstchen an, wenn Sie Deutsch lesen oder sprechen. Et)µetdt6TE auto Td 70Ldiato av StaPa(srs i1 p aiE Ea7ttlwk& Make kazye sa a A ou li oswa on pale kreyol ayisyen. ❑ PTC e1Trf �- c zu ug FSC" c �u �w rF I ❑ KOS lub voj no yog koj paub twm thiab hais.lus llmooh: 7eldlje megmt a kockat, ha meghti vagy beszeli a magyar nyelvet. ❑ Markaam daytoy nga kahon no,makabasa wenno makasaoka iti llocano, Marchi questa Casella se legge o pada Italiano. � e� o$v�lvt'6J, o�t�f�of�«Ii=EP�f7l7z<t�l,�, al--qcl * 0;1 4 TM -�r 5avI Ol 57.1°l RAI aIAVl 9. ZmwuuZ�Bs�u tlnui�ue�umtlnntJ�a�a�o. ❑ Prosimy o zamaczenie tego kwadratu,jetch posluguje sig Pan/Pani jgzykiem polskim. nomne U.S. nEPARSMENT OF COMMERCE E.�mm�tu ends Ihg. Adminbttn9en 75D-143 U.S. CENSUSSUREAU 11 French A German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. llocano 21. Italian 22.Japanese 23. Korean 24. Laotian 25. Polish ❑ Assinale este quadrado se voce 1e ou fala pormgues. `e insemnaii aceasta casuia data, citili sau vorbili romsneste. TIonreTaTe aror xaappaTxx; ecmr stir =n-rraeTe xnx ronopxTe no-pyccxx. ❑ O6enexaxTe osaj xeagpaTIlh yxomaxo 9xTaTe. xnx m4opxxe cpncxx jesxr<: ❑ Onacte tento "stvorcek, ak vide, Utatalebo hovorif po slovensky. ❑ Marque esta casilla si lee o habla espanol. ❑ Mwkahan itong kuwadrado kung kayo ay tnarunong,inagbasa o magsalita ng Tagalog. ❑ Wn-11ArIDI) ilwa 3114!a4t AIII d.wI TO1 fl litl1}1G, ❑ Maaka'i he puha ni kapau'oku ke lau pe lea fakatonga. ❑ B1,QMIT6Te U� KIIITIrtHKy: nK11{O ex �n9TSETC a60 rOBOpxTE.yKpa1HL6KOF0 MOBO10. ❑ _�GIL;iV�'Lb,(19i�i�9lL .19LlvVI ❑ Xin danh dau vao o nay neu quy vi bie`t doe va not dude Viet Ng3. ❑ u)>,Tlx n-ro, IY' N Wp»5 75x 3)1N 5mp op, mr)sx:I Ecai.mtc:nd �atiNCPdminlrnJon 75D-144 U.S. CENSUS BUREAU 6: Portuguese VAIMMMM Mm !8. Russian W9 Serbian 30. Slovak 31, Spanish 32.Tagalog 33.Thai 34.Tongan 35. Ukranian 36: Urdu 37. Vietnamese 38.Yiddish TITLE V1 SURVEY PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act ( PL. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et- seq:); notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The fai)ure to provide all or any, pad of the requested information may delay processing of this form -No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to ipspect all personal information in any recbrd maintained on the individual by an identifying particular. Direct any inquiries. on information maintenance to your IPA Office: Expenditure Authorization (EA) NON-DISCRIMINATION Alf persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: ❑ Mala ❑ Female Age: t7 Under 40 o 4l-65 o Over 65 Race/Etllnicity:. o White O American Tribe o Black ❑ Pacific islander 13 Hispanic bother o Asian Suecifv: Language spoken, if other than Are you or any member of you household suffering any physical disability or medical condition? 0 Yes ONG Are you a low-incoine.family? Enclosure ❑Yes ONo 75D-145 TITLE VI DISCRIMINATION COMPLAINT 12 orange 405 Dist Co Rte BASIS OF.DISCRIMWATION ❑RACE' ❑COLOR ❑NATIONALOWIN []SEX []DISABILITY []LOW-INCOME ❑NON-LNNOLISHSPEAKER Provide date(s) and place of alleged diseriminadon Describe the nature of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. IfNecessuy) Name of individiiats (if Known) responsible forthe actidn, decision or candition of alleged discrimination Provide supporting information known to complainant in support of his/her allegation Identify possible witnesses Whom the complainant believes can provide formal information about this allegation State the action requested by complainant 7501-146 -orm'so Request for Taxpayer Give Form to the 'Rev. December 2014) Identification Number and Certification requester. Do not Japarlment of the Treasury send to the IRS. Infernal Revenue Service 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. of 2 Business name/disregarded entity name, if different from above m m m �- 3Check appropriate box for fedemltax dassNipfion; check only one of the following seven bones: 4Fxemptions (codes apply only to m ❑ Indlvidual/sole proprietor or ❑ C Corporation ❑ S Corporation p ❑ TrusVestate ❑ Partnership certain entitles, not individuals; see Instructions on page 3): m me o- m �5 single -member LLC Limited liability company. Enter the tax classification C=C torr emtlon, S=S corporation, P= artnershi ® ❑ p y ( p p p) Exempt payee code Of my) `o Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting a m the tax classification of the single -member owner. code Of any) c a` o ❑Other (see instructions)® (nppu'es,a axoumsmaaremrewmee uxusl 'uw 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) m a m 6 City, state, and ZIP code m m 7 List account numbers) here (optimal) IM Taxpayer Identification Number (TIN) Ester your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding. For individuals, this is generally your social security number ( However, far a page _ m —� resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entitles, it is your employer identification number (EIN). If you do not have a number, see How to get TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employeridentificatienrrumber guidelines on whose number to enter. F—F-1 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. sign Signature of Here I U.S. person b- Date ► General Instructions Section references am to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at wwmks.goy1lw9. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIM, or employer identification number (EIN). to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following: • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prrzes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. Sea What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S, exempt payee. If applicable, you arra also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. turtle or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (f any) indicating that you are exempt from the FATCA reporting, is correct. Sea What is FATCA reporting? on page 2 for further information. Cat. No. 10231X 75D-147 Form W-9 (Rev. 12-2014) Form W-9 (Rev. 12-2014) Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An Individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for partnershlps. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business In the United Slates: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of aforeign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of atax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause.' Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of Income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the Income. ' 3. The article number (or location) In the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China Income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present In the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the information described above to support that exemption. If you are a nonresident alien ora foreign entity, give the requester the appropriate completed Form W -B or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called"backup withholding.' Payments that maybe subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding if.. 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an inconectTIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more Information. Also see Speclal rules forpartnershlps above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial Institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Farm W-9 for more information. Updating Your Information You must provide updated Information to any person to whom you claimed to be an exempt payee it you are no longer an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated Information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must famish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to fumish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and net to willful neglect. Civil penalty for false Information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or Imprisonment. Misuse of TINS. It the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line T You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for afoint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Eofrn W-9. a. Individual. Generally, enter the name shown an your tax return. If you have changed your last name without Informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. [TIN applicant Enter your Individual name as it was entered on your Form W-7 application, line ia. This should also be the same as the name you entered on the Form 1040/1040A/1040E7 you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on I'me 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C Corporation, or Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or OBA name on line 2. d. Other entities. Enteryour name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DSA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(4). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on Ilne 1 should be the name shown on the income tax return on which the Income should be reported. For example, If a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S, owner's name Is required to be provided on line 1. If the direct owner of the entity Is also a disregarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even If the foreign person has a U.S. TIN. 75D-148 Form W-9 (Rev. 12-2014) Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 Is an LLC treated as a partnership for U.S. federal tax purposes, check the "Umlted Liability Company' box and enter "P" in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the 'Limited Liability Company- box and In the space provided enter "C for C corporation or "S" for S corporation. If It is a single -member LLC that is a disregarded entity, do not check the "Umlted Liability Company' box; Instead check the first box in line 3 "Individual/sole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter In the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. - Generally, Individuals (Including sole proprietors) are net exempt tram backup withholding. - Except as provided below, corporations are exempt from backup withholding for certain payments, Including Interest and dividends. - Corporations are not exempt from backup withholding for payments made In settlement of payment card or third party network transactions. - Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt be in backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)) if the account satisfies the requirements of section 401 (1)(2) 2—The United States or any of its agencies or Instrumentalities 3—A state, the District of Columbia, a U.S. commomvealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or Instrumentalities 5—A corporation 6—A dealer In securities or commodities required to register in the United States, the District of Columbia; or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial Institution 12—A middleman known In the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of nomovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 52 Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions Page 3 'However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045((), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that am exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial Institutions. Therefore, if you are only submitting this form for an account you hold In the United Slates, you may leave this field blank. Consult with the person requesting this form if you are uncertain Ifthe financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined In section 7701(a)(37) B—The United States or any of Its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(0)(1)(7 E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer In securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1040 I—A common trust fund as defined In section 5(i4(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(9) plan Note. You may wish to consult with the financial Institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This Is where the requester of this Form W-9 will mail your Information returns. Line 6 Enteryour city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN Is your IRS Individual taxpayer Identification number (fflk7. Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have m EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owners SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's E[N. Note. See the chart on page 4 for further cladficatlon of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-600-772-1213. Use Forth W-7, Application for IRS Individual Taxpayer Identification Number, to appy for an MN, or Form SS -4, Application for Employer Idenfification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www1m.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -600 -TAX -FORM (1-600-829-3676). If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For Interest and dividend payments, and certain payments made With respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the requester before you are subject to backup withholding on payments. The 60 -day rule does not appy to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that 1 See Forth 1099-MISC, Miscellaneous Income, and its Instructions. you intend to apply for one soon. Caution: Adisregarded U.S. entity that has a foreign owner must use the appropriate Forth W-8. 75D-149 Form W-9 (Rev. 12-2014) Part H. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if Items 1, 4, or 5 below Indicate othenvise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in Items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2 Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup Withholding and you are merely providing your correct TIN to the requester, you must cross cut item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the mortification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certificatlon unless you have been notified that you have previously given an Incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (Including payments to corporations). S. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA., Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correctTIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2, Two or more individuals (loin The actual owner of the account or, account) if combined funds, the first Individual on the amount' 3. Custodian account of a minor The minor` (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee trust (grantor is also trustee) b. So-called trust account that is The actual owner not a legal or valid hurt under state law 5. Sole proprietorship or disregarded The owner' entity owned by an Individual Be Grantor trust filing under Optional The grantor Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(1) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual B. Avalid trust, estate, or pension trust Legal entity' S. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, dub, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or mufti -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) (ED ' List first and circle the name of Ore person whose number you furnish. if only one person on a joint account has an SSN, that person's number must be buMshed. ' Clroleshe minors name and furnish the minors SSN. Page 4 You must show your Individual name and you mey also enter YOU Wevess or DBAname on the `Business namovoisregarded enEty` name line. You may use eitherycur SSN or EIN (f you have one), but the IRS encourages you to use your SSN. • Dst first and drole the name of the trust, estate, or pension trust. lea but tumish the TIN of personal representative or in atee unless the legal entity itself is not designated inthe account title) Also see Special rules for parme¢hipe on page 2. 'Note. Grantor also must provide a Form W-9 to trustee of dust Note. if no name is circled when more than one name Is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name. SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. It your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are riot currently affected by identity theft but you think you are at risk due to a lost orshien purse or wallet, questionable credit card activity or credit report, contact the IRS Identify Theft Hotline at 1-900-908-4490 or submit Form 14039. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. victims of Identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case Intake line at 1-877-777-4778 wTTY/TDD 1-800-829-4059. Protect yourself from suspicious smalls or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business smalls and websites. The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for Identity theft. The IRS does not initiate contacts with taxpayers via emalls. Also, the IRS does not request personal detalled Information through small or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phfshing®im.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (rIGTA) at 1-800-366-4484. You can forward suspicious smalls to the Federal Trade Commission at: spam®uce.gov or contact them at www.ttc.90 ylidrheff or 1-877-1OTHEFf (1-877-438-4338). Visit IRS.govto learn more about Identity theft and law to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons QncludIng federal agencies) who are required to file information returns with the IRS to report Interest, dividends, or certain other Income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSP, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this Information Include giving it to the Department of Justice for civil and criminal litigation and to cites, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other counts les under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. 75D-150 JMF/6/6/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTIES LOCATED WITHIN THE CITY OF SANTA ANA AT 1922 (also known as 2006) & 2002 W. FIFTH STREET (APN 007-100-04 & 007-100-05) FOR THE ORANGE COUNTY STREETCAR PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. June 6, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the properties described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires 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 properties proposed to be acquired are necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the properties described herein, as well as any other matter regarding the right to take said properties by eminent domain; and F. Whether the City has statutory authority to acquire the properties by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Revised Environmental Assessment/Final Environmental Impact Report (State Clearinghouse No. 2010051060). Pursuant to the National Environmental Policy Act, an Environmental Exhibit 4, Resolution No. 2017 -XXX Page 1 of 6 75D-151 Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the Federal Transit Administration in 2015. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: 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 least private injury. C. The properties located at 1922 (also known as 2006) & 2002 W. Fifth Street (APN 007-100-04 & 007-100-05), as described in Exhibit A and graphically depicted in Exhibit B, are necessary for the proposed project. D. The offer required by section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of the Orange County Transportation Authority ("OCTA") and the City of Santa Ana joint project that proposes to construct a modern streetcar system connecting the Santa Ana Regional Transportation Center to Harbor Boulevard and Westminster Avenue in the City of Garden Grove, also known as the Orange County Streetcar Project ("Project'). Section 6. The taking of the interest in the properties described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75D-152 JMF/6/6/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the Properties described in Section 4 above. Section 8. If any of the properties described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The properties described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the Properties described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such properties, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this & day of J2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: JotM M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75D-153 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75D-154 JMF/6/6/17 EXHIBIT A All that pgoe Rat property situate) In the CWMY a Orange. Style V [flim., def-16el a: lalowe- me West I MORD feel on that portion as Ou land Nlottw to IW4n CNayea In o«re. at petition of the Rantllo SaMlago Da Santa Ana, recorded at Took 0 of ludgmec, a That l7u AMielal Court of Cellforms, described Is follows: Beglmme, at a point on We Centvllne a FINK Shady aYe honest Oeing the NorWa# taxer of Me land formerly owned by Wlllone A. great SOW hint be,.0 Nene 99' 30 00' E. 2355.E I feel and North 12aJ.H noel 1. IM Common Wrner of S.,,. 10, 11, la and IS, TuwnaMp 5 South, Fantasy 10 West; Thence Soudh 253.00 feet to the North Mm a The right of fey of The Pat Elecldo RaRNayl Thena< West 350.00 feel along, said North line; Thence North 250.00 feet to surd c-tvahat of Fifth Street; TMeee East 350.00 feet m Me pelel Of fashioning. Esceptlre, The Noah 30.00 feat M .... I a 1.070 sgoae tae all that CW tall rxal ,Werty a.tuated Ie the Cou ty or ofenge. 'itee nI Caurwma Atti, Ansa ae follows. That Dart. .1 1N lend aI1UlMq he Julian C we M W.aee a sn"Ite n a line T.. Santiago IN, Sahli ane, modand In Case No. 1192, aM eMNM September 12, 18(i0 in 3m4 T hell 610 til Ldgarnta a the IT` )W Wal Disney Cwrt Of California, described as Fdbses: Ballooning at is hent on The cents, One of Fifth Stoat, slid WhN Mho the fbrtioul. a the fond fermedy owned by William A. Hinds, said p hes btlrq Nath 89' 30' 00' East 235S.21 ANA and North I lal.aa Fast from the ..an earner of Sect oho, 10, 11, 14 and 15, TownSOh 5 Sahel, Faoh. LO Weft; Thence SouM 253.00 feet to the North line of the right of way of the Faulk Ekttrk Failwhy. Thence West 350.00 feet along mid North line; Thence North 250.00 feet t. SAW ttnter line a Filth Slmet; Thence East 350.00 feat to the pout or be4oanilNl. Except ate West 175.00 Net thereof. aro.". it. North 30.011 reel thereof 41,487 samre M1N 1151. rah, lrl h. Resolution No. 2017 -XXX Page 5 of 6 75D-155 kU IN 5 s9z Resolution No. 2017 -XXX Page 6 of 6 EXHIBIT B a;a;�q4 12 ya 75D-156 laiend ?yi - S bjw Pameh r arow I sbxcr, Q 0 •4' 0^ 11 Q -L room SWETr -- O 1i O d Co,"ate /, 1:ll 1� ON ie O QQ: Ay --jr1 t"Yr , J �.,:, SME, t'> rm-n5 n.17 75D-156 MAYOR Mipel A. Pulido MAYOR PRO TEM MicheleMartinez COUNCIL IEMBERS P. David Benavides Vicente Sarmiento lose Solorio Sal Tinajem Juan Villegas Valdivia Family Trust Rudy Valdivia (Trustee) 2002 W. 5th Street Santa Ana, CA 92703 CITY OF SANTA ANA 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, California 92702 714-647-6900 www.santa-ana.ory May 17, 2017 Federico Valdivia, Sucessor Trustee of the Valdivia Family Trust Rudy Valdivia Trustee 1922 West 5a' Street Santa Ana, CA 92703 Rudy Valdivia P.O. Box 3067 Tustin, CA 92781 INTERUM CITY MANAGER Cynthia J. Kurtz CRY ATTORNEY Sonia R Carvalho CLERK OF THE COUNCIL Maria D. Huizar Re: Notice of Hearing regarding adoption of Resolution of Necessity to Acquire Real Property by Eminent Domain (Code of Civil Procedure § 1245.235) Properties: 1922 (also known as 2006) & 2002 W. Fifth Street, Santa Ana, CA 92703 APN: 007-100-04 & 05 Dear Owners: The City Council of the City of Santa Ana ("City") intends to consider the adoption of a Resolution of Necessity on June 6, 2017, which if adopted, will authorize the City to acquire by eminent domain the real properties described in this letter for the Orange County Transportation Authority ("OCTA") and the City of Santa Ana joint project that proposes to construct a modern streetcar system connecting the Santa Ana Regional Transportation Center to Harbor Boulevard and Westminster Avenue in the City of Garden Grove ("Project'). A legal description and map of the real properties to be acquired is enclosed with this Notice as Exhibit "A" (the "subject properties"). Please take notice that the City Council at its regularly scheduled meeting to be held on June 6, 2017, at 5:45 p.m., or as soon thereafter as the matter may be heard, at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92702, will hold a hearing on whether a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure § 1245.220, for the commencement of an eminent domain proceeding to acquire fee title to the subject properties. 75D-157 May 17, 2017 Page 2 You have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: 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 subject properties sought to be acquired by the exercise of eminent domain as described in the Resolution of Necessity are necessary for the proposed project; 4. Whether the offer required by Government Code § 7267.2 has been made; 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. On June 1, 2017, a copy of the proposed Resolution of Necessity will be available on the City's websiteathttp://,,vww.ci.santa-ana.ca.us/coc/uanicIus asp within the agenda materials for the June 6`h City Council Meeting. Also, a copy of the proposed Resolution of Necessity will be available upon your request on June 1, 2017, for inspection at the office of the Clerk of the Council at 20 Civic Center Plaza, 81h Floor, Santa Ana, CA 9270. This Notice has been sent to you because your name and the above listed address appear 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 property. The statutes authorizing the City to acquire the subject properties 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 I of the California Constitution, and California Government Code § 37350.5 and § 40404. If you desire to be heard, you must file a written request with the Clerk of the Council. The address for the Clerk of the Council is City Hall, City of Santa Ana, 20 Civic Center Plaza, M- 30, Santa Ana, CA 92702, and the facsimile number is (714) 647-6956. Alternatively, you may appear at the hearing and be given an opportunity to speak. The City will consider any written observations you may wish to submit before the hearing. 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. 75D-158 May 17, 2017 Page 3 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 property 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 property by eminent domain. This Notice is not intended to foreclose any negotiations between you and the City's representatives on the amount of compensation to be paid for the subject properties. If the City Council elects to adopt a Resolution of Necessity, then within six (6) months the City may commence eminent domain proceedings in Orange County Superior Court. In that proceeding, the court will determine the amount of compensation to which you are entitled. Very truly yours, MARIA D. HUIZAR CLERK OF THE CO CIL cc: Paula A. Schaefer, Esq Enclosures: Description of subject property and map (Exhibit A) Proof of Service by Mail SANTA ANA CITY COUNCIL Kguel A. Pulido 114,wale Sarmienm Michele Alanines Angelica Arno.. Mayw Mayor Pro Tem. Ward l Ward Ward? mouldMsanla ana or Kanniert,a7anta-arta oro mmaninexesanla-anaora ao. zZ (dsanla.anawo 75D-159 P David Benaddes Raman Reyna Sal inajera Ward ward Ward dbenaMasAaanla arta wa rra,na.�}asanla-anaora 5Cn (d t,-,na Old EXEMIT A Legal Descriptions and Map All that certain real property situated in the County of Orange, State of California, described as follows: The West 175.00 feet on that portion of the land allotted to Julian Chavez in Decree of Partition of the Rancho Santiago De Santa Ana, recorded In Book B of Judgments of the 17th Judicial Court of California, described as follows: Beginning at a point on the centerline of Fifth Street, said point being the Northeast corner of the land formerly owned by William A. Hinds, said pint being North 890 30' 00" East 2355.21 feet and North 1243.44 feet from the common corner of Sections 10, 11, 14 and 15, Township 5 South, Range 10 West; Thence South 253.00 feet to the North line of the right of way of the Pacific Electric Railway; Thence West 350.00 feet along said North line; Thence North 250.00 feet to said centerline of Fifth Street; Thence East 350.00 feet to the point of beginning. Excepting the North 30.00 feet thereof 41,076 square feet APN: 007-100-04 All that certain real property situated in the County of Orange, State of California, described as follows: Thati:portion of the land allotted to Julian Chavez in Decree of Partition of the Rancho Santiago De Santa Ana, rendered in Case No. 1192, and entered September 12, 1868 In Book B, Page 410 of Judgments of the 17th Judicial District Court of California, described as follows: Beginning at a point on the center line of Fifth Street, said point being the Northeast corner of the land formerly.owned by William A. Hinds, said point being North 890 30' 00" East 2355.21 feet and North 1243.44 feet from the common corner of Sections 10, 11, 14 and 15, Township 5 South, Range 10 West; Thence South 253.00 feet to the North line of the right of way of the Pacific Electric Railway; Thence West 350.00 feet along said North line; Thence North 250.00 feet to said center line of Fifth Street; Thence East 350.00 feet to the point of beginning. Except the West 175.00 feet thereof. Also except the North 30.00 feet thereof. 41,487 square feet APN:007-100-05 75D-160 b Cb I� a M 12 11 Legend - Subject Parcels iTOWNSEIq ` STREET . O J: O, e, ix a O PAD r -1 DAISY STREET d - 4 RAirr 465-17 Ln -I s riu STREET Y i 405-05 75D-161 �� or L Yl N (D OArr AVT. or /�l1AYh Ave U) rr N y ti h PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in Orange County, California. I am over eighteen years of age and not a party to the within action; my residence/business address is 20 Civic Center Plaza, Santa Ana, California 92701. On May 17, 2017, I served the foregoing document described as NOTICE OF HEARING ON ADOPTION OF RESOLUTION OF NECESSITY on the interested parties in this action. [X] By placing [X] the original thereof enclosed in sealed envelopes as follows: Valdivia Family Trust Rudy Valdivia Rudy Valdivia (Trustee) P.O. Box 3067 2002 W. 5'h Street Tustin, CA 92781 Santa Ana, CA 92703 Federico Valdivia, Sucessor Trustee of the Paula S. Schaefer, Esq. Valdivia Family Trust U.S. Bank Building Rudy Valdivia Trustee 9042 Garfield Avenue, Suite 312 1922 West 59' Street Huntington Beach, CA 92646 Santa Ana, CA 92703 [X] BY MAIL [ ] BY OVERNIGHT MAIL VIA UPS/FEDERAL EXPRESS [X] As follows: I am "readily familiar" with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on May 17, 2017 at Santa Ana, California. [X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. *ATM. ALMA 75D-162 CORRESPONDENCE 75D-164 U.7/L.J/11 lUi 4iAXL LHW VLL 14.L f� \ Via US Mail and Fax to 714.647-6956 Clerk of the City Council City Hall City of Santa Ana 20 Civic Center Plaza M-30 Santa Ana, CA 92702 1017 MAY 23 PM 4: 14 May 23, 2017 CITY OF SANTA ANA CLERK OF COUNC1t. Re: Notice of Hearing regarding adoption of Resolution of Necessity to Acquire Real Property by Eminent Domain (Code of Civil Procedure § 1245.2350) Properties: 1922 (also known as 2006) and 2002 W. 5`h Street, Santa Ana, CA 92703 APN: 007-100-04 and 05 Dear Ms. Huizar: On behalf of my client, Federico Valdivia, Trustee of The Valdivia Family Trust, I respectfully request a-30=day continuance of the above-described hearing. It is not possible for the Trust to be properly prepared to address the issues to be raised and adequately represented at that meeting with only 15 days' notice. Further, there is a scheduling conflict for that particular evening that prevents all parties from attending. The Trust requests a meeting with appropriate City officials prior to the scheduled hearing. This meeting will be attended by legal counsel, representatives of the Trust, and a representative from the tenant currently operating its business on both parcels. Please contact me at your earliest convenience to arrange a meeting prior to the hearing and to advise me as to the new date of the hearing. Rest regards, P4t'a A. Schaefer,./ cc: Federico Valdivia, Trustee Jeff Farano, Sr., SA Recycling Sul . ..iU i,.r..�i ��', 1-1l: f; C; r'CtOn .�i(,?d Cil, l.8ii(t r'ii.i 9264"S t ^.L.% Srn14!i'3 Os'.I; _ )£sli'.u'S(:�7oliif�'liil'✓.i Utll vn r,'✓ I i.,. 75D-165 r 75D-166 JUN -01-2017 04:15PM From:PTw 9497940725 To:17146476956 Pa9e:2�6 PALMIERI TY�k i PH 4:25 ATTORNEYS AT .L A W ANGELO J. PALM ERI (1926.1996) ROBERT F. WALORON (1927-1999) DENNIS W. CHAN' MELISA R, PEREZ DAVID D. PARR' MICHAEL I. KEHOE CHARLES H. KANTER' CHADWICK C. BUNCH PATRICK A. HENNESSEY ANISH J. BANKER SDN FISHER RYAN M. PRAGER WARREN A. WILLIAMS ERIN BALSARA NADERI JOHN R. LISTER ERICA M. SOROSKY MICHAEL K. LEIFER JOSHVA J. MARK RICHARD A. SALUS ERIN K. OYAMA NORMAN J. RODICH KATHERINE M. SHAW MICHAEL L. D'ANGELO JANE DONAHUE OAVALOS STEPHEN A. $CHECK BRIAN CLICKLIN DONNA L, SNOW CAROLYN H. CLARK RYAN M. EASTER STEVEN ON ELISE M, KERN NAZANI N. Te MOURIAN MICHAEL C. ONO, OF COUNSEL RONALD M COLE, OF COUNSEL MICHAEL J. GREENE'. OF COUNSEL ROBERT C. IMRKE, OF COUNSEL GREGORY N. WEIL9R. OF COUNSEL ALAN H. WIENER-. OF COUNSEL JAMES E. WILHELM, RETIRED DENIMS G. TYLER'. RETIRED • avvcc..Ivxu cvaaoaAtwN June 1, 2017 VIA FACSIMILE (714)647-6956 & U.S. MAIL City of Santa Ana Attn: City Clerk Maria Huizar 20 Civic Center Plaza M-30 Santa Ana, CA 92702 CITY OF SANTA ANA CLERK OF COUNCIL P.O. Box 19712 Irvine. CA 92623-9712 Michael H. Leifer Direct Dial (949) 051-7294 Direct Far (949) 525-5412 Mleifar®PMwW.rnm Refer To File No. $6019-002 Document I.D. 2096123.1 Re: Opposition to Eminent Domain taking of SA Recycling facility at 2002 and 2006 West 56' Street. Notice of intent to appear and be heard. Dear City Clerk: SA Recycling, LLC is the recycling business operating from 2002 and 2006 West 5th Street, Santa Ana, California 92703, APN 007-100-04 and -05 (the "subject property"). SA Recycling intends to appear and be heard concerning the proposed eminent domain taking of its Santa Ana facility on Tuesday, June 6th at City Hall. For almost a decade, SA Recycling has performed an essential service for the economy and environment for the City of Santa Ana, its residents and businesses. The SA Recycling facility accepts and processes various metals that are otherwise not properly recyclable in the City. SA Recycling's facility provides a proper outlet for metal recycling that avoids illegal dumping or salvage. Despite the fact that it provides a critical local portal for recycling, the SA Recycling facility has been improperly targeted for eminent domain. 1900 Main Street, Suite 700, Imine, CA 92614-7328 1 T 949.851.9400 1 F 949.851.1554 1 ptwww..com 75D-167 JUN -01-2017 04:15PM From:PTw 9497940725 To:17146476956 PALMIERI TYLER City of Santa Ana June 1, 2017 Page 2 The City and/or OCTA are illegally pre -committed to condemning the SA Recycling facility. Paee:3'6 The property owner/business owner has not been provided with the documentation it has requested. It is believed that there are numerous documents, emails and memos that demonstrate that OCTA/City is not proceeding legally with regard to this eminent domain taking. OCTA was requested to provide such documentation and has not. OCTA has produced some documentation, but has withheld most. It has certainly withheld inculpatory documentation demonstrating that it is proceeding illegally. This letter incorporates by reference into the administrative record all documents and information that is available to OCTA and the City Council. In February 2017, OCTA senior staff and numerous consultants and City staff held a meeting attended by SA Recycling representatives. Other than one or two documents that were in front of OCTA and City personnel, no documents were produced or available at the meeting. OCTA counsel, among others, was taking notes of the meeting. No notes of the meeting were later produced by OCTA. SA Recycling's purpose was to find out about the Streetcar project and to discuss avoiding the acquisition of the SA Recycling facility. OCTA and City's primary purpose was to inform SA Recycling that the eminent domain train had already left the station. OCTA and City representatives said that there was no alternative to acquiring the SA Recycling facility. The City confirmed that the decision to locate the maintenance station on the SA Recycling facility was made years ago. OCTA's senior staff said that multiples of tens of millions of dollars, if not hundreds of millions of dollars had already been spent or committed premised upon the specific location of the Streetcar maintenance yard taking out the SA Recycling facility. City and OCTA representatives stated that all plans and contracts for this project had for years been based upon using eminent domain to take out this facility. At the most fundamental levels, the decision to acquire has already been made. The City council meeting called for by the staff of the City and OCTA is a pretense. Eminent domain by the City is a fait accompli. 2096123.1 75D-168 JUN -01-2017 04:15PM From:PTw 9497940725 To:17146476956 Paee:4/6 PALMIERI TYLER City of Santa Ana June 1, 2017 Page 3 Of course from SA Recycling's perspective, practically and legally, it shouldn't be a fait accompli. Apparently, years ago a firm was hired to determine the Streetcar maintenance station location. The directions given to the that firm have not been produced to SA Recycling, although they have been requested along with numerous other documents. To the extent it is asserted that no written directions were provided to the firm "locating" the Streetcar maintenance station, such defies credulity. Ultimately, the firm's conclusions do not make sense. It apparently could only identify two possible locations for a Streetcar Maintenance Station. The proposed linear project adjoins numerous other private and public properties. Essentially none were considered for this public use. Some have been for sale over the years or are for sale now. None were acquired for a proposed maintenance yard. All, or essentially all, are land uses that are far more relocatable than SA Recycling's facility. As to the ability/feasibility of relocating SA Recycling's facility in the City of Santa Ana, OCTA/the City did not identify sites when the consultant determined the location of the Streetcar Maintenance Station. SA Recycling has sought meetings with City administration and planning concerning the issues. A City attorney attended the February meeting at OCTA. Because of the difficulty to re -situate SA Recycling in comparison to other types of land uses such as residential, industrial, commercial, the City cannot find that its action is consistent with the least private injury. Many other locations, are at least equal, if not better, locations for the sought for Streetcar maintenance yard. As the story was told to SA Recycling at the February meeting at OCTA, OCTA or the City hired representatives of a private firm to "locate" the maintenance station a couple of years ago. Out of the whole of the City, somehow only two parcels were "considered" Somehow, the only two parcels that were considered happened to be put to recycling business use. At the February meeting, SA Recycling suggested that a portion of the underused Willowick golf course be utilized for the maintenance station. It is public land. That site stretches straight along the proposed Streetcar track. There would be less private injury. Other than being informed that the maintenance station decision had already been made, SA Recycling was provided no further information. Despite being a constituent and stakeholder of the City, no notice of the hearing was provided to our client by the City. The City is well aware of our client's occupancy and interest in the property the City seeks to take. The City and/or its project partner OCTA have also been in communication with our office. We can certainly be reached and are certainly known to the City. The City is also aware that our client objects to its business location being condemned. 2096123.1 75D-169 JUN -01-2017 04:16PM From:PTw 9497940725 To:17146476956 Paee:5/6 PALMIERI TYLER City of Santa Ana June 1, 2017 Page 4 Yet, notice was not provided to our office or our client by the City. The only conclusion that can be drawn for the lack of notice is that the City did not want SA Recycling to have notice. At the same time, the City wants undoubtedly will claim any objection must be asserted at the hearing of which no notice was given to us or our client. We object to such position. Our client objects to the lack of notice from the City, the lack of any notification of any time frame in which a request to appear may be made, any improper assertion in any notice claiming that failure to appear is a waiver of matters not included in Code of Civil Procedure Section 1245.235 (particularly as no notice has been afforded SA Recycling by the City), and the short time given to prepare for the hearing after only learning about it second-hand. As to the hearing substance, the City, by itself and through OCTA, undoubtedly has numerous emails, correspondence and memorandum regarding this Project. The City has access to its staff and consultants. For example, the City has unfettered access to the appraiser and the appraiser's file compiled as part of the appraisal process underlying the mandatory precondemnation appraisal and offer. Our client has not been provided such access limiting its ability to respond. Our client likewise has not been party to the internal discussions of staff relating to the site selection, the search for alternative locations that provide at least the same or greater public good and least private injury or that show there is no need to take our client's business location. We also have not been provided all of the project contracts or project plans. We request, pursuant to the Public Records Act, that we be provided the full administrative file pertaining to this project before any hearing, the precondemnation appraisal for the subject property; the appraiser's complete file(s) relating to the appraisal of the real estate and fixtures and improvements; any contract awarded for the construction of the contract; any project schedules delineating the City's commitment to construction of the project for which the subject property is sought to be taken; up-to-date project plans; correspondence between the City and OCTA and/or Paragon relating to selection of the subject property for acquisition and displacement of SA Recycling; communications between the City/OCTA/Paragon with any representative of the Valdivia family (our client's landlord) relating to the project; any funding requests and approvals for the project including any obligations to which the City has agreed to obtain and/or retain funding for this project; both internal communications between the City, OCTA and Paragon as well as communications with any third -party about this proposed condemnation. At the same time the City is failing to provide notice of the resolution of necessity hearing to us, it is informing our client through multiple communicators -- OCTA (its project partner), its consultant Paragon, its staff -- that SA Recycling will be fully displaced and the subject property will be taken as site selection has already been determined by the City. We were informed that if the project goes forward it was inevitable that SA Recycling's business location would be condemned. 2096123.1 75D-170 JUN -01-2017 04:16PN From:PTw 9497940725 To:17146476956 Paee:6/6 PALMIERI TYLER City of Santa Ana June 1, 2017 Page 5 On all of the foregoing grounds, our client objects to adoption of the resolution of necessity. Our client reserves its rights to make further objections. Very truly yours, 1 cc: Client Michael I. Kehoe 2096123.1 75D-171 JUN -01-2017 04:15PM From:PTw 9497940725 To:17146476956 Pa9e:1/6 PALMIERI TYLER A T T O P N E Y e A T L A W S[ Michael H. Leifer 1900 MAIN STREET, SUITE 700 2017 JUN -I Ro'62512 Dimm Dial (949) 851-7290 Irvine, CA 920219712 Direct Fax (949) 825-5412 IRVINE, CA 92614-7328 r, �1-n ler, , No. 360IM02 mleiler@phv .cam CITY OF SAPS c �.2097154.1 CLERK OF COt� Date: June 1, 2017 File Name: SA Recycling To City Clerk - Maria Huizar City of Santa Ana From: Michael H. Leifer FACSIMILE COVER SHEET File No.: 36019-002 Fax No. Telephone No. 714-647-6956 TOTAL NUMBER OF PAGES INCLUDING THIS FORM IS: Message: ORIGINAL WILL: r BE SENT BY MAIL r BE SENT By MESSENGER r BE SENT BY E-MAIL F BE SENT BY FEDEX/OVERNIGHT COURIER r NOT BE SENT If all pages are not received, please call Michelle Pase at (9499851-7325. THIS COVER SHEET AND ANY DOCUMENTS ACCOMPANYING IT ARE INTENDED FOR THE INDIVIDUAL OR ENTITY SET FORTH AS THE ADDRESSEE, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL, IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE SO THAT ARRANGEMENTS CAN BE MADE FOR RETURNING THE ORIGINAL MESSAGE TO US. THANK YOU. 75D-172