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HomeMy WebLinkAbout75E - PH - ACQUISITION 2016-2020 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 2016-2020 WEST 5TH STREET (PROJECT NO. 17-6766) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 3, 2C AND 413; RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� 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 entire real property located at 2016-2020 West 5th Street (APN 007-110-17). 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 between. 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 harmless and defend the City in any litigation matters arising out of these condemnation proceedings. 75E-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2016-2020 West 5th Street June 6, 2017 Page 2 To accommodate the construction of the OC Streetcar Maintenance and Storage Facility, the acquisition of parcel 007-110-17 at 2020 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 8 months. A good faith offer was made on August 16, 2016, in the amount of $724,000 (Exhibit 2). This good faith offer is based on an appraisal prepared by a California State licensed appraiser 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 3) 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.). 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. 75E-2 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2016-2020 West 5th Street June 6, 2017 Page 3 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 3. Resolution of Necessity 75E-3 75E-4 (NTS) i 0 0 0 K a 16 :0 !2 to 12 u LEGEND: O-SUBJECT PROPERTIES SANTA ANA m CITY PWA C JL 2102 2026 2022 IHPN 007-.110-171 2020 opuo N --- P O ENGLISH ST N u u 1900 1941 1004 RAITT ST GXr1O I RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2016-2020 W 5TH STREET (PROJECT NO. 17-6766 NONGENERAL FUND) (Strategic Plan No. 6,1G; and 3, 2C] 75E-5 PAGE 1 OF 1 N N N P TOWNSEND ST 1922 � N r N W 1927 co 2002 $ I To 4 DAISY AVE N N u t977 UNK 1900 1911 7901 1900 w FAIRLAWN AVE 1004 RAITT ST GXr1O I RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2016-2020 W 5TH STREET (PROJECT NO. 17-6766 NONGENERAL FUND) (Strategic Plan No. 6,1G; and 3, 2C] 75E-5 PAGE 1 OF 1 75E-6 11 PARAGON PARTNERSLTD RECEIPT OF OFFER PACKAGE OC Streetcar Project 2016 - 2020 W. Fifth Street Santa Ana, CA 92703 OCTA No. OCS-001 APN:007-110-17 1. Property Owner: Salvador Navarro, an unmarried man 2. Property Address: 2016 - 2020 W. Fifth Street, Santa Ana, CA 92703 This is to acknowledge receipt of the offer package containing the following items: • Written Offer Letter Dated August 16, 2016 • Appraisal Summary Statement by Integra Realty Resources — Los Angeles • Summary Statement Relating to -Purchase of Real Property or an Interest Therein • Right of Way Contract • Grant Deed • Plat Map and Legal Description for the Interest to be acquired • Litigation Guarantee • Title VI Brochure • Acquisition Brochure • W9 By: Salvador Navarro Date 5762 Bolsa Avenue, Suite 2o2I Huntington Beach, California 92649 ��Y`- PARAGON PARTNERS ro August 16, 2016 VIA PERSONAL DELIVERY Salvador Navarro 102 E. Fourth Street Santa Ana, CA 92701 Salvador Navarro 1417 W. St. Andrew Place Santa Ana, CA 92704 RE: Offer to Acquire Property Rights OC Streetcar Project 2016-2020 W. Fifth Street, Santa Ana, CA 92703 OCTA ID#: OCS-001 Orange County Assessor's Parcel Number(s): 007-110-17 FTA Project Number: TBD Dear Mr. Navarro: 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"). OCTA is interested in negotiating the purchase of a fee interest in the real property you own located at 2016-2020 W. Fifth Street in the City of Santa Ana and identified by the Orange County Assessor as Assessor Parcel Number 007-110-17 (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. 1185108.1 5762 Bolsa Avenue, Suite aoi I Huntington Beach, California 92649 75E-8 PARAGON PARTNERS LTD Page Two August 16, 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 PropertyInterests is $724,000. 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. Offer to Purchase: Based on the determined just compensation, OCTA hereby offers to purchase the Property Interests for $724,000. This is an offer to purchase the Property Interests 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. This offer is also based on the assumption that the Property Interests are free of contamination and require no remediation other than the contamination and remediation described in a Limited Phase II Environmental Report prepared by Eco & Associates, Inc., dated May 4, 2016 (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 an invoice from the appraiser. 1185108.1 75E-9 I IPARAGON U( PARTNERS LM Page Three August 16, 2016 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 not 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 Philip 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 the number listed above. L. Bonina >n Partners Ltd. cc: Joe Gallardo, Manager, Real Property (OCTA) Enclosures: Acknowledgment of Receipt of Offer Package Appraisal Summary Statement prepared by Integra Realty Resources Los Angeles Right of Way Contract Grant Deed Legal description and Title VI Brochure Acquisition Brochure 118510a.1 plat for the fee interest 75E-10 PARAGON Kil M PARTNERS August 16, 2016 SENT VIA CERTIFIED U.S. MAIL Receipt # 70151520 0002 0458 5119 Salvador Navarro 102 E. Fourth Street Santa Ana, CA 92701 Salvador Navarro 1417 W. St. Andrew Place Santa Ana, CA 92704 RE: Offer to Acquire Property Rights OC Streetcar Project 2016-2020 W. Fifth Street, Santa Ana, CA 92703 OCTA ID#: OCS-001 Orange County Assessor's Parcel Number(s): 007-110-17 FTA Project Number: TBD Dear Mr. Navarro: 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"). OCTA is interested in negotiating the purchase of a fee interest in the real property you own located at 2016-2020 W. Fifth Street in the City of Santa Ana and identified by the Orange County Assessor as Assessor Parcel Number 007-110-17 (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 2o2I Huntington Beach, California 92649 1185108.1 75E-11 11PARAGON PARTNERS LTD Page Two August 16, 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 $724,000. 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. Offer to Purchase: Based on the determined just compensation, OCTA hereby offers to purchase the Property Interests for $724,000. This is an offer to purchase the Property Interests 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. This offer is also based on the assumption that the Property Interests are free of contamination and require no remediation other than the contamination and remediation described in a Limited Phase II Environmental Report prepared by Eco & Associates, Inc., dated May 4, 2016 (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 an invoice from the appraiser. 1185108.1 75E-12 � ARTNERS 11 Page Three August 16, 2016 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 not 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 Philip 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 the number listed above. L. Bonina m Partners Ltd. cc: Joe Gallardo, Manager, Real Property (OCTA) Enclosures: Acknowledgment of Receipt of Offer Package Appraisal Summary Statement prepared by Integra Realty Resources — Los Angeles Right of Way Contract Grant Deed Legal description and plat for the fee interest Title VI Brochure Acquisition Brochure 1185108.1 75E-13 Appraisal Summary Statement OC Streetcar Project—Rivera Parcel 2020 West 5th Street Santa Ana, Orange County, California 92703 Summary of Salient Facts and Conclusions Property Name OC Street Car Project - Rivera Pa rcel Address 2020 West 5th Street Zoning Designation Santa Ana, Orange County, California 92703 PropertyType Industrial land Owner of Record Rudolph Perez Rivera and Hardball Propertl es, LLC Tax ID 007-110-17 Land Area 0.54 acres; 23,441 SF Gross Building Area 4,181SF Rentable Area 3,797 SF Percent Leased 80% Year Built 1938 Zoning Designation M-1, Ught Industrial Highest and Best Use - As if Vacant Industrial use Highest and Best Use - As Improved Redevelopment to an Industrial Use Exposure Time; Marketing Period 6.12 months; 6.12 months Effective Date of the Appraisal June 13, 2016 Date of the Report June 30, 2016 Property Interest Appraised Fee Simple Value Conclusion Appraisal Premise Interest Appraised Dateof Value Value Conclusion Fair Market Value larger Parcel Fee Simple Interest June 13, 2016 $724,000 75E-14 Extraordinary Assumptions and Hypothetical Conditions The value conclusions are subject to the fol lowing 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 11 Environmental Site Assessment report prepared by Eco & Associates, Inc., dated May 4, 2016. This report indicates the presence of lead contamination at the subject, within the upper six inches of soil, that is above the Commercial/Industrial California Human Health Screening Level (CHHSL). A Memorandum Review of the Phase It report was prepared by HDR on May 24, 2016, which incl uded esti mated cleanup costs for the necessary environmental mitigation at the site. This memorandum is included in the addenda of our report and the estimated mitigation costs are incorporated into the value conclusion in this analysis. We assume thatthe findings in these documents are complete and accurate. 3. Section 1263.330 of the Cal iforni a Code of Civi I Procedure requires the appraiser to not consider any effect on the va I ue of the property from the project, the eminent domain proceeding, or any preliminary actions of the acquiring agency. The appraisers investigated the rea I 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 apprai s a I a nalys is of the subject property under the extraordinary assumpti on that these activities have no effect on the va I ue concl us ions stated i n this a ppra isa I 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. 75E-15 Basic Data and Opinions 1. Interest Valued a. Larger Parcel - Fee Simple — Full Acquisition 2. Date of Value: June 13, 2016 3. Date of Report: July 30, 2016 4. Opinion of Highest and Best Use As Vacant: Industrial use As Improved: Redevelopment to an industrial use 5. Zoning of Subject Parcel: M-1, Light Industrial 6. Larger Parcel Land Area: 0.54 acres (23,441 SF) 7. Property Name: OCStreet Car Project— Rivera Parcel 8. Assessor's Parcel Number (APN): 007-110-17 9. Property Owner: Rudolph Perez Rivera and Hardball Properties, LLC 10. Property Address: 2020 West 5ch Street Santa Ana, CA 92703 11. Structural Improvements: The site is improved with six heavily - depreciated, detached single -story residential structures. 12. Studies Cost Approach: Not Applicable, Not Utilized Sales Comparison Approach: Applicable, Utilized Income Approach: Not Applicable, Not Utilized 13. Attachments Comparable Land Sales and Conclusions: Attachment 1 75E-16 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. Beth B. Finestone, MAI, AI-GRS, FRICS, CRE July 26, 2016 ,—x " July 26, 2016 Adam M. Bogorad, MAI Jared M. DeCamp 75E-17 July 26, 2016 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. 8. 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. Firestone, MAI, AI-GRS, FRICS, CRE, has personally Inspected the property that is the subject of this report. Adam M. Bogorad, MAI, has personally inspected the subject. Jared M. Decamp has also personally inspected the subject. 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 similar to 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. 75E-18 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. Firestone, MAI, AI-GRS, FRICS, CRE Certified General Real Estate Appraiser California Certificate # AGO04030 Jared M. Decamp Certified.General Real Estate Appraiser California Certificate # 3003720 7P4�10i/ Adam M. Bogorad, MAI Certified General Real Estate Appraiser California Certificate # AG038741 75E-19 Attachment 1 Summary of Comparable Land Sales 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 1225.Ora nge Ave. Closed 0.34 Santa Ana Orange County CA TaxID:398-514-05 2 615 South Santa Fe Street Jun-is $510,000 16,988 Heavy $30.02 615 S. Santa Fe St. Closed 0.39 Industrial Santa Ana Orange County CA Tax ID:O11-312-04 3 208 East Walnut Street Nov -14 $360,000 11,250 Split $32.00 208 E. Walnut St. Closed 0.26 Santa Ana Orange County . CA Tax ID: 404-092-01 4 2100 South YaIeStreet Sep -14 $2,200,000 60,625 Lightlndustrial $36.29 2300 S. Ya le St. Closed 1.39 Santa Ana Orange County CA Tax ID: 408-161-12,-13 5 260 East Alton Avenue pug -13 $1,150,000 41,818 Lightlndustrial $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 23,441 Light Industrial OC Street Ca r Project- 0.54 Rivera Parcel Santa Ana, CA 75E-20 Attachment 1 Coned Land Value Conclusion Land Sales Array Item No. Overall Comparability Market Conditions Adjusted Price Per Square Foot 4 Significantly Superior $38.10 1 Superior $34.33 6 Superior $34.26 3 Superior $33.60 Subject Property 2 Inferior $30.92 5 Inferior $29.70 Land Value Conclusion Indicated Value per Square Foot $33.00 Subject Square Feet 23,441 Indicated Value $773,553 Adjustments Environmental Contamination Mitigation -$So,000 Total Adjustments -$50,000 Indicated Value $723,553 Rounded $724,000 Value Conclusion Appraisal Premise I nterest Appraised Dateof Value Value Conclusion Fai r Me rket Va l ue larger Parcel Fee Simple Interest June 13, 2016 $724,000 75E-21 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 2016 - 2020 W. Fifth Street in the City of Santa Ana, is within the Project area and identified by your County Assessor as Parcel No. 007-110-17. 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 23,441 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); 75E-22 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, clo Paragon Partners Ltd. at 5762 Bolsa Avenue, Huntington Beach, CA 92649 Attn: Philip Bonina, within ninety (90) days of the earliest of the fallowing 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 OCTAs 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. 75E-23 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL 71tis document contains personal RIGHT OF WAY CONTRACT information, and pursuant to Civil Code section 1798.2 1, it shall be kept confidential in order to protect against unauthorized disclosure. OC STREETCAR PROJECT 2016-2020 W. Fifth Street, Santa Ana, CA 92703 OCS-001 007-110-17 Property Address Parcel No(s) APN(s) TBD -Pending FTA 08026699 -920 -CMM Federal Project No. Escrow No. Title Order No. RIGHT-OF-WAY CONTRACT Salvador Navarro, an unmarried man (hereinafter, "Grantor"), owns the real property located at 2016- 2020 W. Fifth Street, Santa Ana, CA 92703 in the County of Orange, Assessor Parcel Number 007- 110-17 (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-001 in the, form of a Grant Deed (Exhibit "1") to the Orange County Transportation Authority ("OCTA"), covering the property interests as described and depicted in Exhibits "A" and "B" attached thereto (the "Property Interests") has been executed and delivered to, Philip Bonina, Right -of -Way Agent for Paragon Partners Ltd., agent for 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 said Property Interests described in Document No. OCS-001 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 $724,000 for the Property Interests conveyed by Document No. OSC-001 (Grant Deed attached as Exhibits 1 hereto) when title to said Property Interests vests in OCTA freer and clear of all liens, deeds of trusts, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes. 7 j.R-2A ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1795.21, it shall he kept confidential in order to protect against unauthorized disclosure. (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). This transaction may be handled through an external escrow with Commonwealth Land Title Insurance Company, Escrow Number to be determined. (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) 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 7SE-2S ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal RIGHT OF WAY CONTRACT to information, and pursuant to Civil Code section 1798.2 1. it shall be kept confidential in order to protect against unauthorized disclosure. 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. 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. 5. 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 and Grantor agrees to defend and indemnify and hold OCTA harmless and reimburse OCTA for any and all of its losses and expenses ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL contains personal RIGHT OF WAY CONTRACT This document pursuant to Civil Code and rs information,, and section 1798.2 1, it shall be kept confidential in order to protect against unauthorized disclosure. occasioned by reason of any lease of said Property held by any tenant of Grantor for a period exceeding one month. Grantor acknowledges that a general release or quitclaim deed will be required from any lessee that has a lease term exceeding one month. 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 as well as future leases, if any, that are entered into after the execution of this Agreement. B. 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 June 30, 2016. All purchased improvements listed above will not be replaced. 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 above improvements prior to close of escrow; provided, however, that any of the above improvements that have not been removed from the Property by close of escrow 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 1, Item #B of order number 08026699 -920 -CMM of the Litigation Guarantee prepared by Commonwealth Land Title Insurance Company. Grantor acknowledges he has received and reviewed the Litigation Guarantee. 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: Salvador Navarro 102 E. Fourth Street Santa Ana, CA 92701 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. 75r=-27 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL RIGHT OF WAY CONTRACT This document contains personal information, and pursuant to Civil Code section 179821, it shall be kept confidential in order to protect against unauthorized disclosure. 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 Limited Phase II Environmental Report prepared by Eco & Associates, Inc., dated May 4, 2016 (the "Environmental Report"), which is available for inspection 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. 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 $50,000. 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 $50,000, 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 OCTAs governing Board of Directors. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 179821, itshall 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 Salvador Navarro, an unmarried man By: Salvador Navarro DATE ORANGE COUNTY TRANSPORTATION AUTHORITY By: Jim Bell DATE Executive Director, Capital Programs APPROVED AS TO FORM: James Donich DATE General Counsel Orange County Transportation Authority 75F -2q ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT Exhibit "1" Grant Deed (attached) 7GC 4A CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1795.21, it shall be kept confidential in order to protect against unauthorized disclosure. NO FEE DOCUMENT Government Code 66103 & &27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ORANGE COUNTY TRANSPORTATION AUTHORITY Attn: Real Property Department 550 South Main Street P.O. Box 14184 The Above Space For Recorder's Use Only OK to Accept: Project Name: OC Streetcar Project Date: Address: 2016- 2020 W. Fifth Street, Santa Ana, CA 92703 APN: 007-110+17 Project Parcel No.: OCS-00I Title Order No.: 08026699 -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, SALVADOR NAVARRO, AN UNMARRIED MAN ("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 Lfi Salvador Navarro 1184669.1 75E-31 201_ 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 connect. WITNESS my hand and official seal. Signature (seal) 1184669.1 75E-32 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated 201_, from SALVADOR NAVARRO, AN UNMARRIED 'MAN, 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 1184669.1 75E-33 EXHIBITS "A" AND `B" LEGAL DESCRIPTION AND PLAT MAP APN: 007-110-17/OCS-001 [SEE THE FOLLOWING PAGES] 1184669.1 75E-34 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows: Parcel A: The North one-half of Lot 17 of Tract No. 270, in the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 13, Page 48 of Miscellaneous Maps, in the office of the County Recorder of said county. Parcel B: Lot 18 and the South one-half of Lot 17 of Tract No. 270, In the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 13, Page 48 of Miscellaneous Maps, In the office of the County Recorder of said county. APN:007-110-17 75E-35 G € x N 9 t _ Qilartr. rr. AEG N I fl n G € x t _ �t x. N I W 75E-36 7 ; i. i i rCommonwealth Land Title Insurance Company GUARANTEE NO.: CA-SFXFC-IMP-81021-1-15-08026699 LITIGATION GUARANTEE SUBIECT 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) 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: (� S! ,F w-? 2 ls�i71�1LLee, °SEAL �a-aFnia� aiay. w�PrzslEent eu / By: Z—?yowt , Authorized Officer or Agent i.ouydcimre'q vd y Form No: 81021 CLTA Guarantee Form No. 1 (Rev. 12-15-95) 75E-37 Form No: 27021 75E-38 CLTA Guarantee Form No. 1 (Rev. 12-15-95) Order No.: 08026699 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026699 LITIGATION GUARANTEE SCHEDULE A Order No.: 08026699 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026699 Liability: $50,000.00 Fee: $500.00 1. Name of Assured: Orange County Transportation Authority 2. Date of Guarantee: 3uly 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 5. Title to the estate or interest in the land is vested in: Salvador Navarro,, an unmarried man 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) 75E-39 Page 1 Order No.: 08026699 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026699 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated In the County of Orange, State of California, described as follows: Parcel A: The North one-half of Lot 17 of Tract No. 270. In the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 13. Page 48 of Miscellaneous Maps, in the office of the County Recorder of said county. Parcel B: Lot 18 and the South one-half of Lot 17 of Tract No. 270, In the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 13, Page 48 of Miscellaneous Maps, in the office of the County Recorder of said county. APN:007-110-17 81021 Litigation Guarantee CLTA Guarantee Form No.1 (12/16/92) 75E-40 Page 2 Order No.: 08026699 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026699 SCHEDULE B Defects, liens, encumbrances or other matters affecting title: PART I A. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 007-110-17 Fiscal Year: 2015-2016 1st Installment: $1,093.00, (Paid) 2nd Installment: $1,093.00, (Paid) Homeowners Exemption: $ Not Set Out Code Area: 11101 B. 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 Recording No: in Book,99. Page 25 Record 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: Community Redevelopment Agency of the City of Santa Ana Recording Date: October 20, 2004 Recording No: as Instrument No. 2004000948360 of Official Records 4. 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. 81021 Litigation Guarantee CI -TA Guarantee Form No. 1 (12/16/92) 75E-41 Page 3 Order No.: 08026699 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026699 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) SCHEDULE B - Part I (Continued) END OF PART I 75E-42 Page 4 Order No.: 08026699 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026699 SCHEDULE B PART 3I 1. A deed of trust to secure an Indebtedness In the amount shown below, Amount: $300,000.00 Dated: June 17, 2016 Trustor/Grantor Salvador Navarro, an unmarried man Trustee: Lawyers Title Company Beneficiary: The Rudolph Rivera Trust dated 12/22/05, Randolph Rivera as Successor Trustee, as to an undivided 50% interest, and Hardball Properties, LLC, a 'Callfornia Limited Liability Company, as to an undivided 50% Interest Recording Date: July 19, 2016 Recording No: 2016000327948, Official Records. 2. A deed of trust to secure an Indebtedness In the amount shown below, Amount: $60,000.00 Dated: June 27, 2016 Trustor/Grantor Salvador Navarro, a single man Trustee: California TD Specialists Beneficiary: Pensco Trust Company Custodian FBO Alexander MacDougall IRA Recording Date: July 19; 2016 Recording No: 2016000327949, Official Records 81021 litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) END OF PART II 75E-43 Page 5 Order No.: 08026699 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026699 SCHEDULE C ADDRESSES Salvador Navarro 102 E. 4`^ St Santa Ana, Ca 92701 (Record Owner) Salvador Navarro 1417 W. St. Andrew Place Santa Ana, California 92704 (Record Owner) The Rudolph Rivera Trust Dated 1/2/22/05, Randolph Rivera, Tr and Hardball Properties LLC C/O 1855 W. Katella Avenue, Suite 365 Orange, California 92867 (Beneficiary Item 1 , B II) Mortgage Vintage, Inc. Fbo Pensco Trust Company Custodian FBO Alexander MacDougall IRA 260 Newport Center Drive, Suite 403 Newport Beach, California 92660 (Beneficiary Item 2, B II) NOTE NO, 1: 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) 75E-44 Page 6 Order No.: 08026699 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026699 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) SCHEDULE C (Continued) 75E-45 Page 7 Order No.: 08026699 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026699 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 tide 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 paragrapli 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. 75E-46 Page 8 Order No.: 08026699 -920 -CMM Guarantee No.: CA-SFXFC-IMP-81021-1-15-08026699 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 awriting 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. 75E-47 Page 9 O xa- ea's ss� 9 75E-48 9 Dx: ORA 7-11-06059 Pap lorl C ted Svdev tr.t Pd.ed: IOVISA01510:30:50AM PST 75E-48 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: N. Title VI Booklet • Title VI of the 1964 Civil Rights Act and Related Statutes • The U.S. Department 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 Latguage 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 ■ 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 o Ifyou believe you have been subjected to discrimination, please fill out the Title PI Discrimination Complaint Form and return to: Deputy ChiefExecutive.Ofrcer Human Resources & Organizational Development Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 714.636-7433 75E-49 75E.50 § \ § r. \ ƒ § ± ƒ / } 0 \ 0 U ) 00\ ¥ a \ 5 ¢ O @ \ \ \ 0 \ f 00 \ k ® 0 # tE ; ! ( j # r 2 ;g6 ® / /) )/)\\\ ) \ K §) � / \ \§kk\W/ 0 0 o \ j ) \ \ \ a 0 w 75E.50 u y Y. (�• W _P4 and c '3e� U Y N W O o ee�W gc E EF d c �aWi"O cd uo C .E .� E w TU' a �a F Q W0 a .0 Q o bD G °1 a� $.ap- 12X0000°' a v vC Q [ vC= o Q O :tm 12 y iz ,m C 800 o c o� E m a N ��WN m�0awi�y 'aN3 7 T u O u W a •c w d T o 3 aCi p w F d « c o v w U e y> •v •'s-' % a e �;a UOQ 3 QC • FEsa:Wo v m o 0 u v 0 3 ger 'y e «O .a T °' @ o tO v O'C O i°i •m " p Q �,W., ° Z e c fi cw W.� � � c �� `o '� y Q A� o � 0,;0•ow 0 Q 0 e o 8-s .5 a, to N S � Ev '�.„ o v c o o c � 41 y 0 EF - "T p o c ._ c o y a 0 3 0 12 •5 .. & •p W o $ O o .. m .°', w ., m •amu . `o o m c>a •,g'o_ � y a• >o, 8 0 44)i o ❑ o 5 a o.S x= U n — a W �'2 E ❑. = milU Q o _0 :3 m 0 a 0 y c "2'« •ro o. 3 :,' v c a� a 0 0 0� ` u CQ c oR �= op oaa oac .5a E4 v o .� o •5� n, Awq psv moo, o W c c g�°�° _" v .�• U u� v 2 m � �� � c.5 0 �`Es=•ice-'c`�0 �o ^•� ° op p. n Q O w Q Vl 6 Q rJ' Q� �� L Q N d W U d 6 6i •p0 C 9 0 'b p 0 �p Q O R'C a Fin Qi p3°v OU i a w O c m O o & U c o y to a, .'1. 0 a n. o Z; `o v .E N ? > 0 v c^� Oabp o o z° �'o .5 n' R N 43 m L: y v ° o6 Wtuy 0" V ,eo c 5 a O p Oo-Z>, Q d�o y• 0" W Ot`" oO�UVN °^�.b �U 3 vi .' o o z o > m `a o `o .5 5" @ c 0 to a ❑ p o o i b C. m E8 5o z . W o V vO K o W@ u V e o m W 4j,S °�' m ` 5 k, [¢• vi a c -' aoi av W v 4 u � h .� o c 3 ci; o;> o N `c� m U 3 •W o 3 0 m .5 m y 0> z�° b o m •a � "°� -Cu �' o � C� d m 'j O_ � ,�` � o F o� �p � ,C V a v b ¢ Q W � g�_ � a 0 L F a W U N O O u u w v TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Paye 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, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • 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) • 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 PERSONS 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 Secietary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • 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 ofthe 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 OR NOT) • 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 M PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75E-52 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page 2of2 • 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 he subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a 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 Vlll of the 1968 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, or to refuse to negotiate for the sale or rental of, 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 F14WA and States under Title VI are responsible for preventing discrimination in the 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" altemative, 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 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 from Federal financial assistance." (PROHIBITSDISCRIMINATION 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 Program FHWA Publication No. FHWA-HCR-06-006 75E-53 ❑ :d,._,.li ,,,�::,,i i,,s:.:.ts iii N_,oli l.ia � aa� � ❑ ia`P..t�.nul' 65.,�5.Znur Itw,nwr6.� w,u ,F.wnwltnwm.r�, _� � � _ __ 6p6 h.numf 4WX kWV "Ld' 6,p Sw jhL,6i.: ❑ �. �lwfr ate�r wry ar a� � � ai alt�sr �1n f� i ❑ IIfV9111111140 FF Uhs. w -Un lii i�3lIiltifiilftfl S�i y Motka i kahhon ya yangin Ontflngnu' manaitai pat lintdngnu' kumentos Chamorro. ❑ '#Jt� -. Oznacite ovaj kvadratid ako citate ill govorite hrvatski jezik. ] Za"sknnete tuto kolonku, pokud ctete a hovoiite cesky. Kruis dit vakje aan als u Nederlands kunt lezen of spreken. ❑ Mark this box if you read or speak English: 1, Cu.yl ...t.:...o .al, cS..,V j.3'9's J..i;1y3-,fl 75E-54 1. Arabic 2, Armenian 3.. Bengali 4. Cambodian 5. Chamorro 6. Simplified Chinese 7.Traditional Chinese 8.Croatian 9. Czech 10. Dutch 11. English 12. Farsi Cocher ici si vous lisez on parlez le flu igais. J Kreuzen Sie diesel Kkstchen an, wenn Sie Deutsch lesen oder sprechen. ❑ Egµeubor-re auto to naaiato av Stap&(ete fi µJure Eltarlvtxa ❑ Make kazye sa a si on li oswa on pale laeyal ayisyen. 711 ❑ 3M3rrwfc-i�7aimzlr=wcfftiftzfti'qzwgTfti3+rrgI Kos lub voj no yog koj paub twm thiab hais Ins Hmoob. ❑ Je161je meg ezt a kock5t, ha megdrti vagy besz6li a magyar nyelvet. Mazkaam daytoy age kahon no makabasa wenno makasaoka iti Ilocano. Marchi questa casella se legge o parla italiano. ❑ B oa a/�U`I/lc: Gil n�tf7af 0I""�. L.ILrn I`J�z<h: {I.,o ❑ `lq'Oi 0'7jq v T 5.t�9-11,4 °I iflolI RAI Tj'jA _9 ❑ Ztnau�uZ�zeOti� n-tanud-i4d-invianaio. ❑ Prosimy o zaznaczenie tego kwadratu, jezeli posluguje sig Pan/Pani jgzykiem polskim. 75E-55 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 25. Polish ❑ Assinale este quadrado se voce le ou fala portugues. ❑ 1.nsetnnali aceasta cisula data chili sau vorbili romdnecte. IIomeTbTe 3TOT KBagp=K, eemi nbi turram Hnn roaopHTe no-pycm F06enexcxTe osaj xaaApaTxh yxonxKo nKTaTe ainx rosopXTe cpncxror jesnK. ❑ Oznacte tento "stvorcek, ak viete citaf alebo hovorifpo slovensky. ❑ Marque esta casilla sl lee o habla espanol. ❑ Markahan itong kuwadrado kung kayo ay inamnong magbasa o magsalita ng Tagalog. ❑ WwadaiNuivaAu lnA'lYl'IUOuirfrnlFln'n -Mviu. ❑ Manl a'i he puha ni kapau'oku ke lau pe lea fakatonga. ❑ BI,gMIT6Te LVO KJIITAHKy AKU(O BN 9nTREfe a60 COBOpnTe yKpaIHC6KOio MeaOm. ❑ Xin danh da'u vao 6 nay n6u quy vi bidt doc vA n6i dtfUc Viet Ngt3. ❑ .W-T)X UlYI -IY-rX VJ3J))J VX WIN iUDY7 DY -r V]]»NK3 08-3309 U.S. OEPARiMENT OF COMMERCE FmnemL . US. CENSUS BUREAU V9. CENSUS BUREAU 75E-56 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33.Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38. Yiddish TITLE VI 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, at 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 inspecfall personal information in any record maintained on 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 famishing of this information is voluntary. Head of household: Age: Race/Ethnicity: ❑ Male ❑ Under 40 ❑ White ❑ 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 ofyour household suffering any physical disability or medical condition? ❑ Yes ❑No Are you a low-income family? ❑ Yes ❑No Enclosure 75E-57 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant W Ne Federal Pdvacy Ad (P.L 91579) was No INortreUon Pradims Art of 1977 (OW Colo Sessions 170. at sect), mtlm Is hereby given far the request d persereal tnfamratian by Ws farm The requested personal irformnim is vduatary. The pdrMpal purpose N Ne vdua InbhmUan is Is faditate the Iasessdna of ells rams The tdiure b pmbda a7 or my par of Na requeeled ecformftion may delay pmwsskq of Ws farm No ciisdosum mn ui of personal INon9a9 be made unlessPermissible ArUdo e, Section 1798.24 of No IPA of 1977. Each IrsWdual has Ne dgN upon request anti proper identification, to Inspect all persoml infamustion In any reostd mstnudnNon Na Ndddual nvan WentiMtm pertldar. Cued em lmuidoaon Hfmvtiannidatmasa to Yom IPA 0111 12 Orange 405 Dist CO Rte BASIS OF DISCRIMINATION ❑ RACE ❑ COLOR ❑ NATIONAL ORIGM ❑ SEX ❑ DISABILITY ❑ LOW-INCOME ❑ NON-ENGLISH SPEAKER Provide date(s) and place of alleged discrimination Describe the nature of the Action, decision. or conditions of the alleged discrimination(Attach Ex Page. If Necessary) Name of Individuals (ifKnmvn) responsible for the action, decision or condition of alleged discrimination Provide supporting information known to complainant in support ofhislherallegation Identify possible witnesses whom the complainant believes can provide factual information about this allegation Stale the action requested by complainant 75E-58 1185095.1 Your Property Your Transportation Project 75E-59 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 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 it 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 opportunity to 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 existingtraffic 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 75E-60 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 benefitto 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 afterthorough 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 renderingthe 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 75E-61 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 benefit! 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. 1185095.1 75E-62 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 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 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. 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 it's 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 property to OCTA and rent back temporarily pending construction. 1185095.1 75E-63 If it's determined you are eligible for relocation benefits, OCTA also offers to provide you with assistance in finding anew 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 property to 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 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 ownerwho 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 maybe eligible for. These are only approximations. You must see your county Tax Assessor for a final determination. 1185095.1 75E-64 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 of Necessity(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 or just compensation at the RON hearing. WHAT HAPPENS INA 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 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 75E-65 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 separatelyfrom 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 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 75E-66 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 by the summons. Complaint - The document filed 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 -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 by the OCTA's acquisition of propertythat cannot be reasonably prevented by relocation of the business 1185095.1 75E-67 or the owner adopting prudent or reasonable steps that preserve the value of the business goodwill. Parcel - Usually means the propertythat is being acquired. Plaintiff - The public agency that 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 hearingof 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. IR -3-148 711 75E-68 ORANGE COUNTY TRANSPORTATION AUTHORITY CAPITAL PROGRAMS REAL PROPERTY DEPARTMENT SEPTEMBER 2015 FA ®CTA 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: 1185095.1 Real Property Department (714) 560-1715 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 75E-69 Farmi social security number Request for Taxpayer Give Form to the (Rev. December 20141 Identification (dumber and Certification entities, it is your employer Identification number (EIN). If you do not have a number, see Now !o get a requester. Do not Dof IheTreasury send to the IRS. Internal Revenue SerNce 1 Name (as sham on your Income tax return). Name is required on this line; do not leave this line blank. Ci 2 Business nameldisregarded entity name, if different from above M m m n 3 Check appropriate box for federal tax classif0alion; check only one of the following seven boxes: 4 Exemptions (codes apply only to m ❑IndividuaVsole proprietor or E]CCorporation ❑SCorporation PartnershipPaership ❑TrusVestate certain entities, not Individuals; see instructions on page 3): m e uingle-member LLC ❑ Umited liability company. Enter the tax classification (C=C corporatlon, SS corporation, P=partnership) b- Exempt payee code (f arty) 0 0 Note. Fa a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting c the lax classification of the single -member owner. code (if any) El Other (see lnsiructbns)► f0.aar%mv>.mnrminu:vwemow use ;E 5 Address (number, street, and apt. orsuite no.) Requesters name and address (opltonaq u v a U) e City, state, and LP code 0 rn 7 Ust account numbers) here (optlonaQ IMB Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number number (page However, fora backup withholding. For individuals, this Is generally your social I instructions resident ellen, sole proprietor, or disregarded entity, see the Part i Instructions on page 3. Fof other —m _ entities, it is your employer Identification number (EIN). If you do not have a number, see Now !o 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. F—T-1 F—F—F—F—r 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 toren (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 •OlenI Signature of Here U.S.perscn► Date► General Instructions Section references are 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 www.fts govHw9. 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 (rIN ) which may be your social security number (SSN), Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer IdentAcation number (EIM, 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: • Farm 1099.1 NT (interest earned or paid) • Form 1099 -DN (dividends, including those from stocks or mutual funds) • Farm 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 i eMilss ions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Fomi 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only It you are a U.S. person (including a resident allen), to provide your correct TIN. ffyou 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 waiting for a number to be Issued), 2. Cerfify 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' share of effectively connected Income, and 4. Certify that FATCA codes) entered on this form (if any) indicating that you are exempt from the FATCA reporting, Is correct. See What is FATCA reporting? on page 2 for further information. 'Cat. No. 10231% Form W -s (Rev. 12-2014) 75E-70 Form W-9 (Rev. 12-2014) Page 2 Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your Tl N. 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 8 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 Stales or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulators section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business In the United States am generally required to pay a withholding tax under section 1446 on any foreign partners' store 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 Slates, provide Forth W-9 to the partnership to establish yew 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 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 me 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 8233 (see Publication 515, Withholding of Tax on Nomesidenl Aliens and Foreign Entitles). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms or a tax 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 am 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 01 Income, you must attach a statement to Form W-9 that specifies the following two Items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from rax 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 qualities for the exemption from tax, S. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income lax treaty allows an exemption from tax for scholarship Income received by a Chinese student temporarily present In the United Slates. 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 or a foreign entity, give the requester the appropriate completed Form W-8 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 26% 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 parry 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 carted TIN, make the proper certifications, and report all yew taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your'nN to the requester, 2. You do not certify your TIN when required (see the Part II Instructions on page 3 fordelails), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you am subject to backup withholding because you did not report all your Interest and dividends on your lax return (for reportable Interest and dividends only), or S. 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 mme Information. Also see Specter rotes ferpartnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign Handal Insttutlon to report an 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 Forth W-9 for more Information. Updating Your Information You must provide updated information to my 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 S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Forth W-9 if the name or TIN changes for the account; for example, If the grantor of a grantor trust tiles. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penally of S50 for each such failure unless your failure Is 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 $600 penalty. Criminal penalty for falsifying Information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines andfor Imprisonment. Misuse of TINs. 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 Tina; 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 BrsL 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. ITIN applicant- Enteryour individual name as it was entered on yaw Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enteryour individual name as shown on your 104011040A/1040EZ on line 1. You may enteryour business. trade, or "doing business ae (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 DBA 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 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)(Iii). Enter the ownees 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 fine 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 Forth W-9. This Is the case even if the foreign person has a U.S. TIN. 75E-71 Form W-9 (Rev. 12-201 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 [Ina 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box N fine 3. Limited Llability Company (LLC). If the name on I -me 1 is an LLC heated as a partnership for U.S. federal tax purposes, check the'LMBed Liability Company" box and enter"P" in the space provided. It the LLC has riled Form 8632 or 2553 to be taxed as a corporation, check the "Limited Uabifity 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 "embed Liability Company" box; Instead check the first box In line 3'Individuallisole proprietor or single -member LLC.' Line 4, Exemptions If you ere 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. s Generally, Individuals (Including sole proprietors) are not exempt from backup Withholding. " Except as provided below, corporations are exempt from backup withholding far certain payments, Including Interest and dividends. • Corpomtions are not exempt from backup withholding far payments made in settlement of payment card or third party network transactions. " Corporations we not exempt from backup withholding with respect to attorneys' lees 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 from 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)M if the account safisfies the requimmems of section 401(Q(2) 2—The United States or any of its agencies or Instrumentalities 3—A slate, 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 orcommoddies mqulred to register In the United Slates, the District or 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 tont 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 fisted above,1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments Ail 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 wits 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 8600 required to be Generally, exempt payees reported and direct sales overS5,000r ithrough 52 Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions t See Farm 1099-MISC, Miscellaneous Income, and its instructions. 'However, the following payments made to a corporation and reportable on Forth 1099-MISC are not exempt from backup withholding: medical and health care, payments, attomeys' fees, gross proceeds paid to an atlomey reportable under section 6045(Q, 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 form for accounts maintained outside of the United Stales by certain foreign financial Institutions. Therefore, if you are only submitting this farm for an account you hold In the United States, you rosy 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 [Ina 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)m 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)n 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 lout 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 1940 1—A common trust fund as defined in section 584(a) J—A bank as defined In section 581 K—Abroker L—A bust exempt from tax under section 664 or described in section 4947(x)(1) M—A tax exempt trust under a section 403(b) plan or section 457(8) plan Note. You may wish to consult Win the financial institution requesting this farm 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. Lina 6 Ester 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 (m N). Enter It in the social security number box. If you do not have an MN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EW. 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 Unified Liability 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 a TIN, apply for one immediately. To apply for an SSN, get Forth SS -5, Application for a Social Security Card, from your face] BSA office or get this form online at wwwssa.gov. You may also gel this fore by calling 1-800.772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to appy furan EIN. You can apply for an EIN online by accessing the IRS website at www.in.goy/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 1.800 -TAX -FORM (1 -B00 -B29-3676). If you ere asked to complete Form W-9 but do not have a TIN, apply fora TIN and write -Applied For" in the space far 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 gel a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day role does not apply to other types o1 payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Appfied 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 Net has a foreign owner must uss the apampdate Forth W-8. 75E-72 Form Al (Rev. 12-2014) Page 4 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 it Items 1, 4, or 5 below indicate otherwise. For ajoint account, only the person whose TIN Is shaven 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. t. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your comect 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 io backup withholding and you are merely providing your coreU TIN to the requester, you must arcs cut Item 21n the cemificatien before signing the forth. 3. Real estate transactions. You must sign the certification. You may cross out Item 2 of the certification. 4. Other payments. You must give your comect TIN, but you do not have to sign the cerlification unless you have been notified that you have previously given an Incorrect TIN. 'Other payments" Include payments made in the course or the requesters trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services Qncluding payments to corporations), payments to a renempioyee 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 Qncluding 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 Quint The actual owner of the account or, account) if combined funds, the first individual on tha accowhe 3. Custodian account of a minor The minor` (Uniform Gift to Minors Act) - 4. a. The usual revocable Savings The gmnlor-lruslee' trust (grantor Is also trustee) - to. 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 Fling Method 1 (see Regulations section 1.671-4@)(2)(17 (A)) For this type of account: Give name and EIN 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 on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, mother tax- exempt organ@ation 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department or The public entity Agriculture in the name of a public entity (such as a stale or local government, school distdd, or prison) that receives agricultural program payments 14. Grantor trust filing under the Forth The trust 1041 Filing Method or the Optional Fond 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(0 (a)) Ust first and circle the name of the parson whose numberyou lnni sh. II only one persanon a lain account has on SSN, that person's numbermust be banished. fished. a Ciicle the rJnars name and fuMsh the mirror's SSN. .You must show your'vldividual none end you may also enter your business or DBAname on Me 'easiness name disregarded enetY roma lure. You may use sorer your SSN mEIN fit you ban one), but me IRS encourages you to use your SSN. •List rust and main Ne rums of the Wet, estate. or pension Must (Do cot lumish the TN of Ne personal representative or Mustee Mau me legal easy itsell k not deslgnatro lame account tie.) Also see Special rules forpannarshlpsan papa 2. 'Note. Grantor also must provide a Form W-9 to trustee of Wet Note. If no name is circled when more than one name Is listed, the numberwill be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone was 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 preparear. 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 curently affected by identity theft but you think you we at risk due to a lost or stolen purse or wallet, questionable crec in card activity or credit report, contact the IRS Identity Theft Hotline at 1-800.90BA490 or subm@ 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 (rAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1.877-777-4778 orTTY/rOD 1-800-829-40.59. Protect yourself from suspicious emails 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 stem the user Into surrendering private information that will be used for identify theft. The IRS doss 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 thelrcredit card, bank, or other financial accounts. - If you iecelve an unsolicited email claiming to be from the IRS, forward this message to phfshingGfrs•gov. You may also report misuse of the IRS name, logo, or other IRS properly to the Treasury Inspector General for Tax Administration (fIGTA) at 1.800.366.4484. You can forward suspicious emails to the Federal Trade Commission at: spam®uce.gov or contact them at www.fle govAdd eft or 1-877-IDTHEFT (1-877-436-4338). Malt IRS.gov 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 cured 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, Anther 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, stales, the District of Columbia, and U.S. commonwealths and possessions for use In administering their lam. 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 fee 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. 75E-73 75E-74 Mitre -Ramirez, Norma From: Huizar, Maria Sent: Wednesday, May 17, 2017 5:57 PM To: Mitre -Ramirez, Norma Cc: Orozco, Norma Subject: PUBLIC HEARIN NOTICES - LETTERS FOR THE OCSTREET CAR PROJECT Attachments: RON LETTER VALDIVIA 1922 & 2002 W. Fifth Street.pdf; RON LETTER NAVARRO 20 W. Fifth Street.pdf Categories: Public Noticing For agenda packet and agenda information under Public Hearings O From: Palma, Jeanette Sent: Wednesday, May 17, 2017 3:48 PM To: Huizar, Maria <MHuizar@santa-ana.org> Subject: RON LETTERS FOR THE OCSTREET CAR PROJECT Here are your copies. Jeanette M. Palma Senior Paralegal City of Santa Ana Office of the City Attorney 20 Civic Center Plaza, 7h Floor Santa Ana, CA 92702 (714) 647-5210 E Palma@santa-ana.org 75E-75 75E-76 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 PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2016-2020 W. FIFTH STREET (APN 007-110-17) 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 property 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 property proposed to be acquired is 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 property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property 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 Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the Federal Transit Administration in 2015. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 7 75E-77 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 property located at 2016-2020 W. Fifth Street (APN 007-110-17), as described in Exhibit A and graphically depicted in Exhibit B, is 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 properties 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 7 75E-78 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 Property 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 property 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 property 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 property, at the discretion of the City Attorney. Section 12. This the City Council, and the this Resolution. ADOPTED this Resolution shall take effect immediately upon its adoption by Clerk of the Council shall attest to and certify the vote adopting day of APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: J n M. Funk Assistant City Attorney 2017. Miguel A. Pulido Mayor 75E-79 Resolution No. 2017 -XXX Page 3 of 7 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2017 -XXX to be the original City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 7 do hereby attest to and certify the attached resolution adopted by the City Council of the Clerk of the Council City of Santa Ana 75E-80 LEGAL DESCRIPTION All that certain real property situated In the County of Orange, State of California, described as /allows: Parcel A: The North one-half of Lot 17 of Tract No. 270, In the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Bock 13, Page 48 of Miscellaneous Maps, In the office of the County Recorder of said county. Parcel B: Lot 18 and the South one-half of Lot 17 of Tract No. 270, In the City of Santa Ana, County of Orange, State of Califomla, as shown on a map recorded In Book 13, Page 48 of Miscellaneous Maps, in the office of the County Recorder of said county. APN: 007-110-17 75E-81 JMF/6/6/17 Resolution No. 2017 -XXX Page 5 of 7 Resolution No. 2017 -XXX Page 6 of 7 EXHIBIT B 75E-82 JMF/6/6/17 Resolution No. 2017 -XXX Page 7 of 7 75E-83 75E-84 MAYOR Miguel A. Pulido MAYOR PRO TE%I Michele Martincz COUNCILMEMBERS P. David Benavides Vicentc sannicnto Jose solorio Sal Timjero Juan Villcgas CITY OF SANTA ANA 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, Caliromia 92702 714-647-6900 www.santa-ana.olQ May 17, 2017 INTERIM CFFY MANAGER Cynthia 1. Kunz CRY ATTORNEY Sonia R Carvalho CLERK OF THE COUNCIL Maria D. Huizar Salvador Navarro Salvador Navarro 102 E. 4th Street 1417 W. St. Andrew Place Santa Ana, CA 92701 Santa Ana, CA 92704 Re: Notice of Hearing regarding adoption of Resolution of Necessity to Acquire Real Property by Eminent Domain (Code of Civil Procedure § 1245.235) Property: 2016-2020 W. Fifth Street, Santa Ana, CA 92703 APN: 007-110-17 Dear Owner: 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 property described in this letter for the Orange County Transportation Authority ("OCTA") and the City of Santa Ana joint project that proposes to construct a modem 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 property to be acquired is enclosed with this Notice as Exhibit "A" (the "subject property"). 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 property. 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: 75E-85 May 17, 2017 Page 2 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 property sought to be acquired by the exercise of eminent domain as described in the Resolution of Necessity is necessary for the proposed project; 4. Whether the offer required by Government Code § 7267.2 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 property by eminent domain. On June 1, 2017, a copy of the proposed Resolution of Necessity will be available on the City's website at httl)://%v%vw.ei.santa-ana.ca.us/coc,'.granicus.asi), 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, g1h 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 property by eminent domain for the proposed project include the City's Charter at § 200, Santa Ana Municipal Code § 41-781, California Code of Civil Procedure §§ 1240.010, 1240.110, Section 19 of Article 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. 75E-86 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 property. 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, `nq a a MARIA D. HUIZAR CLERK OF THE COUNCIL Enclosures: Description of subject property and map (Exhibit A) Proof of Service by Mail SANTA ANA CITY COUNCIL Aliguel A. Nildo Ymcente Samdento Migrge AlaNnez Amgeliaa Amezma P. David Benwilos Roman Reyna IAaY or Maya No Tem, Ward t Ward WaNJ Ware) Word mould,,Zym� r arm,ndq@samaana as mmartine:m"15anlaana mm aam.zW.A,anta.aria as r/Uemawdesldsamaana or rt maennta. an. an 75E-87 Sal Tinajero Ward 6 fn- oa 1. EXHIBIT A LEGAL DESCRIPTION AND MAP LEGAL DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows: Parcel A: The North one-half of Lot 17 of Tract No. 270, In the City of Santa Ana, County of Orange, State of California, as shown on a map recorded In Book 13, Page 48 of Miscellaneous Maps, in the office of the County Recorder of said county. Parcel B: Lot 18 and the South one-half of Lot 17 of Tract No. 270, In the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 13, Page 48 of Miscellaneous Maps, In the office of the County Recorder of said county. APN: 007-110-17 75E-88 75E-89 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: Salvador Navarro 102 E. 41h Street Santa Ana, CA 92701 Salvador Navarro 1417 W. St. Andrew Place Santa Ana, CA 92704 [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. 4PA JEA E . 75E-90