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HomeMy WebLinkAbout75H - PH - RESO NECESSITY 2205 S BRISTOLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2205 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1si Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2205 South Bristol Street (APN 015-194-24) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2205 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on January 30, 2017, in the amount of $435,000 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75H-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2205 S. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet 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). Approval of this item also supports the City's efforts to meet 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). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $435,000 are appropriated in the Bristol Street Improvements Project (No. 116741) for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017 from the following funds: $366,650 in the Select Street Construction Fund (Account No. 05917660-66100), and $68,350 in the Measure M2 Street Construction Fund (Account No. 03217663-66100). re Mousavipour Executive Director Public Works Agency FM/EWG/JG/ML- Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75H-2 MATCHLINE SEE BELOW RIGHT I I 140&p3p17 j ST GERTRUDE PL 1408-471.01! I i 408b471.17 ' i LEGEND 1016-0044th------i ! Or•N I .. I pGp 1 F 1 - .J �P1fi-19d•P.7f 1 '015 194.25E pff/4- - 015A 9A -$p '015.194-3q ' i i ! WARNER AVENUE -sUBACI PAOIDVTP - EUL� d-OU16710H -lCOWOED PiPaEBLIES � I I I �'-o-r --T---T-- I N -L---Jy'I _ ST ANDREW PL - r..T--r---7 - r CAR PL —7-7- V... !' rr err.. �.... - / w�JJ I I IVL. JAY C1) GLENWOOD PL J O 00 �I af 1 �r--1---j--fi- i CAMDEN PL a �ST ANWE PL I I I EXHIBIT 1 MATCHLINE SEE TOP LEFT SAINTA ANA RESOLUTION DETERMINING PUBLIC CITY COUNCIL INTEREST AND NECESSITY F' �1j AEAL GENDA 2 DATE PROPEFRTY AT 22 5 THE SOUTH BRISTION OF OL STREET Lm�JUNE 20, 2017 (PROJECT NO. 116741 NONGENERAL FUND) P°fi"` WORD" AUKy IStrateglo Plan No. 6, 1G! and 3,2C] 75H-3 PAGE 1 OF 1 City of Santa Ana Bristol Street Improvements -Warner Avenue to Saint Andrew Place Parcel Pile No. 015-194-24 Owner of Record: Victoria Vargas Bastida, a married woman as her sole and separate property Additional Owner(s) of Record: N/A Property Address: 2205 S. Bristol Street, Santa Ana, CA 92704 This is to acknowledge receipt of the offer package containing the following items: Offer letter dated January 30, 2017 which Includes: • Preliminary Report Issued by Title Company (Attachment 1) • Property Legal Description (Attachment 2) • Statement of Just Compensation (Attachment 3) • Summary Explanation Statement (Attachment 4) •City of Santa Ana Handbook on Acquisition (Attachment 5) • Your Rights Under Title VI (Attachment 6) • W-9 Form (Attachment 7) Please return the SIGNED Receipt of Offer Package in the envelope enclosed. Victoria Vargas Bastida, an individual EXHIBIT 2 75H-4 Date MAYOR Miguel A..Pultdo MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David. Benavides Vicente Sarmiento Jose Soloda Sal Tinajero Juan Villages January 30„ 2017 Victoria Vargas Bastida 2848 Augusta Way Santa Ana, CA 92745 CITY OF SANTA ANA 20 Civic Center Plaza . P,o. Box 1988 Santa Ada, California 92702 714-647-5013 www Sanfa•gna.orp SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY AT: 2205 S. BRISTOL STREET, SANTA ANA, CA 92704 APN. 015-194.24 Dear Mrs, Bastida, This Offer supersedes all previous Offers to Acquire, ACTING CITY MANAGER Gerardo Mouet CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Plufzar Via Certified Mail The City of Santa Ana ("City`') is proceeding with its plans to construct Phase 4 of the Bristol Street Improvements Project between Warner Avenue and Saint Andrew Place. The City obtained a preliminary title report that lists Victoria Vargas Bastida, a married woman as her sole and separate property to be the vested owner of the above-mentioned property as shown in Attachment 1. The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property". No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title, if more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers to purchase your Property for $435,000.00 The basis for this offer Is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. 75H-5 2205 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please lot us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75H-6 2205 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Jesse Ortiz from Epic Land Solutions, Inc. at (310) 626-4843. Sincerely, Jason Gabriel, Principal Civil Engineer cc: Christopher D. Peterson, Esq. 75H-7 CLIA Preliminary Report Form (Rev. 11/06) T4.2 AM Ertlr1 PrrstAmerican rifle �Y Customer Reference: ATTACHMENT Order Number: OSA-4443270 Page Number: 1 Updated Fire American Title Company 4 First American Way Santa Ana, CA 92797 Order Number: OSA-4443270 (bdaa) Title Officer: Bob Davies / Ashley Aegerter Phone: (714)250-3094 Fax No.: (714)913-6388 E -Mail: octitle2@firstam.com Property, 2205 South Bristol Street Santa Ana, CA PRELIMINARY REPORT In response to the above referenced application for a polldy Of title insurance, this company hereby reports that It is prepared to Issue, or cause to be Issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter set forth, Insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or said Policy forms. The printed Exceptions and EX6leslena from the coverage and Limitations on Covered Risks of said policy or policies are set Perth in Exhibit A attached. The policy to be imuedmaycontain an aiNliotion clause. When ilia Amountoflnsurence is less than thatsetforth in the arbitraFion clause, allarbltrable neattersshall be abltrated at the opt/on ofelfher the Companyar the Insuradas the exdusiue remedyorthe parties. Limitations on Covered tusks applicable to the CLTA and ALTA Homeowner's Policies ofTitie Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth In Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please road the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide yen with notice of matters which aro not covered under the terms of the title insurance policy an d should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is Issued solely for the purpose of facilitating the Issuance of a policy of title Insurance and no liability Is assumed hereby. If it Is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested, Fiistknerican Ti'1/e Page i of 13 75H-8 Order Number: OSA-4443270 Page Number; 2 Dated as of August 26, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or Interest at the date hereof is vested in: VICTORIA VARGAS BASTIDA, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein Is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in said policy form would be as follows: 11 General and special taxes and assessments for the fiscal year 2015-2016, a lien rot yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code, 3. An easement shown or dedicated on the Map as referred to in the legal description For: Public utilities and Incidental purposes. 4. Covenants, conditions, restrictions and easements in the document recorded as Book1750, Page 154 of Official Records, which provide that a violation thereof shall not defeat or render Invalid the Ilen of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of Income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Documents) declaring modifications thereof recorded as Book 1762, Page 484 and in Book 4467, Page 433, both of Official Records. First American Title Page 2.. of 13 75H-9 21 0 10. Order Number: 05A-4443270 Page Number: 3 An easement for either or both pole lines, conduits and incidental purposes in the document recorded as Book 1684, Page 516 of Official Records. An easement for either or both pole Imes, conduits and Incidental purposes in the document recorded as Book 1646, Page 155 of Official Records. A deed of trust to secure an original indebtedness of $350,000,00 recorded January 17, 2007 as Instrument No, 07-32417 of Official Records, Dated: January 04, 2007 Trustor: Victoria Vargas Bastida, a married woman as her sole and separate property Trustee: California Reconveyance Company a California Corp Beneficiary: Washington Mutual Bank, FA, a Federal Savings Bank A document recorded August 04, 2009 as Instrument No. 09.417165 of Official Records provides that Quality Loan Service Corporation was substituted as trustee under the deed of trust. According to the public records, the beneficial interest under the deed of trust has been assigned to FEDERAL NATIONAL MORTGAGE ASSOCIATION, ITS SUCCESSORS OR ASSIGNS by various assignments, the last of which was recorded SEPTEMBER 26, 2014 as Instrument No. 14- 391979 of Official Records. Notice of pendency of action recorded January 21, 2011 as Instrument No. 11-39206 of Official Records. Court: Superior Court Of California, County Of Orange Case No.: CA -09.271334 -ED Plaintiff: Victoria Bastida Defendant: Chase; Quality Loan Service Corporation; Et Al. Purpose: The right of possession of real property Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. Rights of parties in possession. rlrstAmericen Title Page 3 of 13 75H-10 order Number: OSA-4443270 Page Number: 4 �- — INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be Included, contact the office that Issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1.. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $1,956.26, PAID Penalty: $0.00 Second Installment: $1,956.26, PAID Penalty: $0.00 Tax Rate Area: 11-101 A. P. No.: 015-194-24 2. This report is preparatory to the Issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the Issuance of the policy with CLTA endorsement forms 100 and 116 and If applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence (mown as 2205 South Bristol Street, Santa Ana, CA. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None The map attached, if any, mayor may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this inap Is attached. FirstAmerican rde Page 4 or 13 75H-11 First American Title Order Number: OSA-4443270 Page Number: 5 r°.` rweR,r " First American Title Company 4 First American Way Santa Ana, CA 92707 (714)250-3000 Fax - WIRE INSTRUCTIONS for First American Title Company, Demand/Draft Sub -Escrow Deposits Orange County, California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 Banking Services: (877) 600-9473 ABA 122241255 Credit to First American Title Company Account No. 3012500000 Reference Title Order Number 4443270 and Title Officer Bob Davies / Ashley Aegerter Please wire the day before recording. FirstAmerican Title Page 5 of 13 75H-12 Order Number: OSA-4443270 Page Number: 6 LEGAL DESCRIPTION Real properly in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 193 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015-194-24 FlrstAmerican TWe Page 6 of 13 75H-13 �e 3nN3dV 8 Q Q .O 11 a„• U O F O NI O O as sa CJS"O "o O - U m` wo O O tl Kms W n s 0 ¢ 3 4 � C) dna Order Number: OSA-4443270 Page Number: 7 E'b-016 / L Voy NVW -- U3NHtlM — as sa "o 4�� Kms N�U �R2Y ya O 6CLLN 2 O n 9.mNur�i 9s FirsPAmeNcan Title Page 7 of 13 75H-14 i a Fol "o FirsPAmeNcan Title Page 7 of 13 75H-14 i a ATTACHMENT LEGAL DESCRIPTION THE. LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT 193 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S)'16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN:015-194-24 75H-15 ATTACHMENT STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Victoria Vargas Bastida, a married woman as hersofe and separate property The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary") required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b), The appraisal on which this summary is based was made in accordance with accepted appraisal principles, consistent with California Valuation Law. A statement and summary described the basis for the appraisal from which the client established compensation. There follows the Statement of Value and Summary of the Basis for Appraisal and the Amount Established as Just Compensation ("Summary"): BASIS OF VALUATION The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project 'for which the property is to be acquired. 75H-16 The property is being appraised for the possible full acquisition by the City of Santa Ana to assist in negotiations with the property owner for the possible full acquisition of the subject property as a part of the Bristol Street Widening Improvement Project. DESCRIPTION OF THE SUBJECT PROPERTY Ownership: Victoria Vargas Bastida, a married woman as her sole and separate property Location: 2205 South Bristol Street, Santa Ana, California 92704 Assessor's Parcel No.: 015-194-24 Date of Value: November 29, 2016 Property Rights Appraised:Fee simple Site Area: Approximately 6,600 square feet, or 0.15 acre, according to the Assessor's Map Zoning: According to a representative for the City of Santa Ana, prior to 1991, the subject property was zoned for residential use. The improvements appear to be a legal non -conforming (grandfathered) use. The property is being appraised disregarding the project's influence and current zoning. Present Use: Highest and Best Use (As Vacant): Highest and Best Use (As Improved): Residential Residential Use Continue the existing use Improvements: The subject property is improved with a three- bedroom/one bath single-family residence and attached garage, According to information obtained from public records and verified by physical measurements of the building, the building has a gross living area of 1,090 square feet. It was originally constructed in 1951 and is in fair condition. Description of Acquisition: A full acquisition is proposed 75H-17 W" I-IMSCONIMMI The sales comparison approach consists of the search for and an analysis of sales of similar single-family improved properties which are compared to the subject to provide an estimate of the fair market value. Typically, single-family residential homes are purchased based on the location, living area and number of bedrooms and bathrooms. When searching for comparables for the subject property, location, living area, quality, and condition were strong indicators of price. Recent sales of single-family residences within the immediate neighborhood and surrounding neighborhoods were reviewed. Multiple transactions were examined and considered for comparison, The most similar closed sales were selected for the analysis. The improved sales were analyzed and reviewed for the following items of comparison: property rights conveyed, financing terms, conditions of sale, expenditures after purchase, date of sale (market conditions), and physical characteristics of the property including: gross living area, location, year built, bedrooms and bathrooms, room count, quality, condition and garage parking. The following table summarizes the comparable sales used in the analysis. 75H-18 75H-19 IMPROVED SALES COMPARISON SUMMARY Location COE Date Building Area SF Sales Price Grantor/Grantee Doc No. Site Area SF Price Per SF Comments Year &lilt Price Per SF/land SUBJECT PROPERTY _ 2205,9 R'idel a, WA '1,090 WA Sibjectproperty. ThreebedroonVone Santa Ana, CA92704 WA 6,600 WA bath home with an attached 2 -car 1951 WA garage. Fair condition. Comparable No. 1 1430 S fhcificAve 8122/2016 1,022 $435,000 Thesaleof a three bedroom/ onebath SmtaAna, CA92704 396762 6,069 $425.64 home in average condition with A( 1952 $71.68 Theseller paid $1,800 in closing costs Grantor: TadaA &Yoshiko Fujima DCM 21. aandard solo. G'antoo &afamin A Yanez Comparable No. 2 1218 Camden Race 10120/2016 1,090 $455,000 The sale of a three bedroom/one Sonta Ana, (492707 513677 6,588 $417.43 bathroom upgraded home in good 1950 $69.06 condition. DOM 45, aandard sale. Grantor: Frandsco Parez Living Trust Grantor: Quoc PA. Do Comparable No. 3 13255 ropiar a. 9/22/2016 1,057 $449,000 The sale of athree bedroom/one bath 9ntaAna, CA92704 458348 6,420 $424.79 upgraded home in very good 1952 $69.94 condition. DOM 28, aandard sale. Grantor: Gillespie Brothers Ents LLC Gang: KEndi A Madero Comparable No. 4 1409 Magnolia Avenue 8/26/2016 1,260 $460,000 The sale of a three bedroom/ one bath SantaAna, 0492707 408053 6,750 $365.08 upgraded home. It is in very good 1950 $68.15 condition. DOM 9. Sandard sale. Grantor: MoisesC.antoran Grantee: .brie & Lorena Guerrero Comparable No. 5 14425 Mar S. 6/24/2016 1,034 $477,500 The sale of a three bedroom/ one beth Santa Ana, CA92707 288445 6,750 $461.80 upgraded home in very good 1950 $70.74 condition. DOM 137. aandard sale. Grantor: B1 Macdonald 2013 Trust Grantee: Jakun & IGmhieng Ouk 75H-19 The adjusted sales prices establish a range from $439,698 to $489,438. Consideration is then given to specific characteristics of each of the comparables on a qualitative basis and is detailed in the chart below. Indicated Values Comparable No. Overall Indicated $ Comparability 1 Superior $439,698 3 Superior $453,490 2 Superior $457,275 4 Superior $466,900 5 Superior $489,438 Conclusion All of the comparables are given weight in the conclusion of value. Based on a review of the market data, the opinion has been formed that the market value of the subject property, as of the effective date of the appraisal report, is as follows: FOUR HUNDRED THOUSAND DOLLARS $435,000 75H-20 CERTIFICATION, We certify that, to the best of our knowledge and belief: 1. The sta.teanents 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 or bias with respect to the properties or parties involved. 4. We have previously appraised the subject of this report for the same client, Report No. 15-5293, datad December 1, 2015. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment. 6, Our engagement in this assignment was not contingent upon the developing or reporting predetermined. results. 7. Our compensation is not contingent on 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. 9, Ellen Netzer has made a personal inspection of the property that is the subject of this report. Elizabeth M. Tiley has not made an inspection of the subject property, but has fully participated in the analyses, opinions and conclusions concerning real estate contained in this report and fully concurs with the conclusions expressed herein. 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. 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. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, Elizabeth M. Kiley has completed the continuing education program for Designated Members of the Appraisal Institute. Elizabeth M. Kiley, Al, AI-GRS Certified General Real Estate Appraiser Certificate No. AG005391 Expiration Date: April 13, 2016 Ellen Netzer Trainee Real Estate Appraiser Certificate No. AT008864 Expiration bate: November 14, 2017 75H-21 ATTACHMENT 4 SUMMARY EXPLANATION STATEME+ IVT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant, 2. All buildings, structures, and other improvements affixed to the land described is the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; 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 public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d, Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which 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 doing so, 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 will full Imowledge of all the uses and purposes for which the property is reasonably adaptable and available." 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 public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for yourProperty, 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. 75H-22 ATTACHMENTS 9,ION 1 ". N CITY O1= SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 75H-23 Dear Property Owner: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical Iegal definitions or any form of legal advice, Recipients of offer letters $om the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75H-24 TABI,F OF CONTENTS PAGE WHY IS MYPROPERTY REQUIRED? I WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES T'HE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? I WHAT IS FAIR MARIM,T VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF JUST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITLAI., OFFER? 3 MAY I HAVE SOMEONE. REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT TIM CITY'S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF , DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75H-25 WHY IS MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street. WHAT RIGHT DOES TIME CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a. public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure, WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the Cly will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property vahies will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property. This amount cannot be Ins than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fah market value of real property being taken for a public project 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 tui• which the property is reasonably adaptable and available, 75H-26 HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property arc: How it compares with similar properties in the area that have been sold recently. How much it would cost to reproduce the buildings and other structures, less any depreciation. How much rental income it could produce atter expenses and how investors typically value that income, WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. 75H-27 • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired. • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. • The amount of the offer. • Where appropriate, the just compensation for the real propexty acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an 'independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the. following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with. the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests mast be made in writing and submitted to the City of'Santa Ana, Public Works Agency, 20 Civic Center Plaza M--36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT TfM CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer, The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal), When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you dining your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 75H-28 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the, City signs the Purchase Agreement, If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property, it identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the properly or abandon its intention to acquire the property. In the Iatter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if: 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right, After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can deterramejust compensation, To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75H-29 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LUSS any amounts necessary to pay off any mortgage or other liens on the properly and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of: Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be, repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to a new location. 75H-30 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be pair( for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or you tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You carrot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on flre property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section §1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. 75H-31 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT, MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or toss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75H-32 Epic Land Solutions, Inc. 2601 Airport Drive, Suite 130 Torrance, CA 90SOS Phone: (310) 986-2960 Fax: (310) 891-3348 CITY OFSANTA ANA TITLE VI INI ORMATION PAC"GE 3 li.l, ,. The project proposed by the agency listed above will 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 fnancial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following documents: • Title VI Booklet • Title VI of the 1964 Civil Rights Act and Related Statutes • Right of Way Title VI Survey Form with Self -Addressed. Stamped Envelope • Right of Way Title VI Discrimination Complaint Form • The U.S. Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title VI Survey form be completed and returned in the self- addressed stamped envelope. If your read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.EpicLand.com 75H-33 wWD w w y r v CO . M v ua > .. idd pvp C G G c_ M M 00 o� m .J O fit fLy te 1 0 u = 00 tA z a N ry w N C N aN- �\ O � a' II�i fri h N Q G� U N ry p W_ W V '�a may yW u m ro u o p' U u o Q �. wL cm F^ u ^� w m v.� n'co W ww app c` a: ^' ft' UL u N �O oQM w0 m ao'�+ �Oi �� w O� vi uiO ® dOw Ov. ®Owl '�� 620,-q 'm .^.. m O r�-��n o QwOv� ❑Ow mv3i S p1., o z o 1tl' ao. rvi V � O w'^mm vi h' u� ri m uW� hW Q .n w m O N rW. Q in w U U 4 dn W U N U u u Ld Q _ Q X00 V ctviOLLm `p�qO.cM 4 0Oo�OO m 15v^ wLO0� aN 6av�i 75H-34 M �1 Lq w C a d O v � u tl o o a A > E°n o ro v oyA b m w u oc'n v O W Zj u C7 t O v d O T O C Y L dM 4 G 517 � W � 0 4°' u = wa P.w NA _E12 P2 a m Gb N v G r_ u�dd m E!`o v b 0 .� u u w a a o c c •N a 1d o p 'G U - = N U a N o o. a o'o Q'3 a N e t u�J uU w m O O 0 o .0 5n b U t T b rt v 881 aY Y a V? O IV '�. yl W v c r` w i W' N u v F° v v 0' O n'c LIMn. a LU •ro ,o j M s o a p W w ,- o 69 " f1 C .n i7 w O...ro.�..0. 'G T1 � �%�. m v m d w O C - •C "w IA '. M. 'a N ILA,c "6n" ? a o N a v° c > Id 0 w v b N LE h s s ci -Z' W. J O E o ,; ` a Ing>°. •- x m son ° -i7 `E' E�2 N�„v w M-0 U N N O' G 3 = L FI 01_ a 3 r' u IV 0 12 u v o y .� a o f0 1- L v Oa m a a E IS = e�' G `E._o 'E°'o w � u tl o o a A p E m K c s t o 'md b O a C W � 0 4°' u = wa P.w NA _E12 P2 a m Gb N O w V v OT w U c c •N a ° o ° a u ab.F O F 3w V v Oa m a a E IS = e�' G `E._o 'E°'o 75H-35 4,8 w � yy tl o o a A m 75H-35 4,8 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page t eft 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 Perioral 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 Secretary'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 complinnee. 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 tinder any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) The Civil Rights Restoration Act of 1987, P.L, 100.209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED ORNOT) 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; aud...to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75H-36 TITLE VI OF THE 9964 CIVIL. RIGHTS ACT AND RELATED STATUTES Page2cQ • The Americans with Disabilities Act, P -L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of 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. (e) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment ruder color of State law." • Title VIII 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— HOD is the primary interest agency, but FHWA. and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. • Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and 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." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL. HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FITWA-HCR-06-006 75H-37 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, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained 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, colon', national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: _ Under 40 _ 41-65. Over 65 RacciEthnicity: _ White _ American Tribe -Black Pacific Islander Hispanic — Other Asian Language spoken, if other than English: Specify: Are you or any member of your household suffering anyphysical disability or medical condition? Yes —No Ara you a low-income family? Enclosure —Yes _No 75H-38 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursutnl to the Federal Nivaay Act (P.L. 03-578) and the Information Patentees Act cf 1977 (Civil Cade Sections Me , Olsen.), notim is hereby given For the request of paromollnfamrullonbylhis form. The ragnested parsunal lnformadon is voluNory. The pdndpai purposrs of the voNnlaryinfnrmallon is to facllllate the proweeing of lhls form. The failure to prodde all ar any Of of tha requested inlormanlon may delay processing of this form. No diaslomea of persons[ infirm alion will be made unless parmisalbls andelAlan. 6, Section 1708.24 of the IPA of 1077. Each Individual has the right upon request and proper Ideniliicalion, to Inspect all personal Informallon in any ream maintained on the lotividuai Lty on arnalrying particular. Direct any Inquiries an irenrmallmt armistaoseenl IPA 010 Dist Co Rte Post BASIS ❑ RACE ❑ COLOR [] NATIONAL ORIGIN [] SEX ❑ Dial ❑ Low -Income ❑ Nott arglish Speaker Provide date(s) and place of alleged discrimination Describe the Names of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Known) responsible for the railcar decision or condition of alleged discrimination Provide supporting information known to complainant in support ofhis/her allegation, Identify possible witnesses whom Ale complainant believes can provide factual information about this allegation State the action requested by complainant 75H-39 ❑ ttpnLf 6`iy `UZn Lir' tt--ph,g w j1u� ,�wnu�ttnwnui'� P�rfq WI°IFOT - rIm vim a[ atmm U' a� vfTn fkq i ❑ t151tfittwl1fifi�u��ifFStitSo iii�ifiiil6 t�SSUS11tSfi1itS1 ioyS 9 1 Motka i kahhon ya yangin drittingnu' manaitai pat tluttingnu' Umentos Chamorro. FZZovaj kvadrati6 ako 6itate ili govorite hrvatski jezik, ❑ Zaskrtnete roto kolonku, pokud 6tete a hovoate 6esky. dit vakje aan als u Nederlands kunt lezen of spreken. Mark this box if you read or speak Euglish ❑ ..U,, �w'}1G I, �;.�" �I <.t;;..,.m.tll cs'�L'+ `r,w'y'',g Va;lp>,�I D0-3308 s�a�a U,8. DEPARTMENT OF COMMERCE Ee�nomlvs.Ad SIAIIia Ad.T,1.1nli.p U.S. c5mus BURAU 75H-40 1. Arabic 2. Armenian S. Bengali 4, Cambodian 5. Chamorro 6. Simplified Chinese 7.Traditional Chinese 8,Croatian 9. Czech 10. Dutch 11. English 12. Fars! Eaonomlaa and SlalOfl<a Adminlslnllan U.S. CENSUS 9UMAU 75H-41 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 Cocher ici si vous lisez ou parlaz le frangais. ED Elet:ize-n:Sx. dioses Kastchen an, wenn Sm Deutsch lesen oder sprechen. Lj Djl-mcborre ao rd To Traaimo ON &ap&SFU h J11ka'te EX tivuc&. Make kazye sa a si ou li oswa ou pale kreyol ayisyen. ❑ 3P7 3TIrf t -;!i a"'��"i•7cr zrr tu Tgitr ift zft qu qw ri'C 't FFITF I Kos lub voj no yog koj paub twm thiab hats lus Hmoob. Jelolje meg ezt a kockdt, ha megerti vagy besz6h a magyar nyelvet. Markaam daykoy uga kahan no makabasa wemro makasaoka iti Jlocano, Marchi questa casella se Iegge o parla Italiano. ❑ 3� 'Oj e7714 n T 5aO'M, 01 �'ii .R Aj*Ad Aj 0. 2tnuuna2�2e�� >1hui�us�ut�tMnrJ��nano. y o zaznaczenie tego kwadratu, jezeli poshrguje sig)?an/Pani m polskim. E no — U.S. DEPARTMENT OF COMMERCE Eaonomlaa and SlalOfl<a Adminlslnllan U.S. CENSUS 9UMAU 75H-41 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 ❑ Msinale este quadrado se voc616 ou fala pormgues. ❑ Ynsemnali aceasta casula daca citili sari vorbili romgngte. llbMeTbTe 3TOT Kaapparax, ecmt sLx *nsraere xna ronopxTe no-pyccKx. ❑ O6enexcctTe osaj xaappaTxh yrconxxo YxTare xnx roaopxTe cprtcxx jesxK. Ozna6te tento stvorcek, ak viete, citaf aleho hovoriCpo slovensky. Marque esta casilla si lee o habla espaiiol. ❑ Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. ❑`lUmt�tsnauu�uaa`iu>ZflaciTvi�ud�uuso�yrtnTrrT"Ine�. I H 'i he puha ni kapau 'oku ke. tau pe lea fakatonga. ❑ Bi*TSTe w kniTcuucy, RKtgo ax iwacme a6o rosopEiTe yxpaYacr,Koro Monoto. ❑ Xin danh dau vao o nay nen quy vi bi t doe va n6i diftic Vi€t Ngrr, _ ❑ .v )-rN 101Y1 'WIN Wa 5 -t)x a)lN 5t00vp ov`r wDo )N to 75H-42 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 Fort' Request for Taxpayer Give Form to the (Rev. D!,8tMfer 20'14) Idenfilficafiien Number and Certification requester. bo not DepartmIhaTraaaury send to the IRS. Internal Revenue Service 1 Name (as shown on your income tax return). Name is required on this line: do hot leave this line blank, 2 Business name/disregarded entity name, if different from above at m m 0 9 Check appropriate box for federal tax classlficetlon; check only one of the following seven boxes: 4 EJimn ties (cod In apply only sea certain os, individuals; sea o ❑Individual/axle proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate ion. eri lOshuctions an page 3): m c y� o v single -member LLC LJ Limited liability company. Enter the tax classification (C=C corporation, S=S eorperation, P=partnership) i Exempt payee coda (if any) is 0 5 Note, For a single -member LLC that is disregarded, do not chock LLC; check the appropriate box in the line shove for Fram FATGA reporting i„ the tax classification of the single -member owner. code (if any) p`, ❑ other (so. instructions) Epprro• to aacwm:m.,mmmcdourna•ra usi u 5 Address (number, street, and apt. or suite noJ Requester's name and address (optional) v a 6 City, state, and ZIP coda N m 7 List account numbor(s)here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line t to avoid I Social...urityraul hookup withholding. ole For individuals, this Is dgenerallyentity, your social security number (page However, for a Yesident alien, sole proprietor, or disregarded entity, sea the Part I instructions on page S. For other e flu— it Ic,mur mmninvpr idpntifiantinn m rmhar fEINI. If von do not have a number. gee How to oeta TIN on page 3. Note, If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. der penalties of perjury, I certify that: 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 notifled 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 FATGA coda(s) entered on this form (If any) indicating that I am exempt from FATGA reporting is correct. Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are out rattly 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 most provide your correct TIN- Sae the instructions on page S. ,Sign I structure of Bare U.S. persons Date General Instructions Section references are to the Internal Revenue Code mile.. atherwlse noted. Future developments, information about developments affecting Form W-9 (such as legislation enacted after we release Iti Is at wanvile gov/iw9. Purpose of Form An Individual or entity (Form W-9 requester) who la required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSM, Individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following: • Farm 1099 -INT (interest earned or call • Form 1099 -DIV (dividends, including those from stacks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awal'de, or gross proceeds) • Form 1099-13 (stack or mutual fund sales and canaln other transactions by brokers) • Farm 1099-S (proceeds from real estate transactions) • Farm 1099-K (merchant card and third party network "i nsa itlons) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 10984 (tuition) • Farm 1099-0 (canceled debt) • Form 1099-A (acquleltlon or abandonment of secured property) Ran Form W-9 only If you are a U.S. person (Including a resident ellen), to pl'ovlde your correct TIN. Nyou do not return Form W-9 to the requester with a TIN, you might be subject to bil 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, Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withhokting tax on foreign partners' share of effectively connected income, and 4. Certify that FATGA cartels) entered on this form Of any) Indicating that you are exempt from the FATCA reporting, Is correct, See What Is FATGA reporting? on page 2 for full Information. Cat. No. 10231X 75H-43 Form W-9 (Rev. 12-2014) Form W-9 (Rev. 12-2014) Note. If you are a U.S, person and a requester gives you a form ether than Form LV -9 to request your TIN, you must use the requester's form If It Is substantially similar to this Form W-9, Definition of a U.S. parson. For federal tax purposes, you are considered a U.S. person if you are: • An Individual who Is a U.S. clIII or U.S. resident alien; • A partnership, corporation, company, or association created or organized in Ilia United States or under the laws of the United Stolon, • An estate (other then a foreign estate); or • A domestic trust (as defined In Regulations section 301,7701-7). Sp eclat rules for partnerships. Partnerships that conduct a trade or business Ila the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, In certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S, parson that Is a partner in a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on its alienable 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 rust with a U.S. greater 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 aU.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-0. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax an Nonresident Aliens and Foreign Entities), Nonresident .[[an who becomes a resident &lion. Generally, only a nonresident .lien individual may use the terms of 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 afterthe payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from 0.8, tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five Items: 1. The treaty country. Generally, Me must be the same treaty under which you claimed exemption born lex as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for ilia exemption from tae. 5. Sufficient fasts to justify the exemption tram tag under the terms of the treaty article. Example. Article 20 of the U -S: China Income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student teriporaYlly, present In the United States, Under U.S. law, this student will become a incident 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 quail 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 loom. would attach to Fofm W-9 a statement that includes the Information described above M support that exemption. If you are a nonresident alien ora 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 most tinder certain conditions withhold and pay to the IRS 28% of such payments. This Is called "backup withholding." Payments that may he subject to backup withholding include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rants, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withlto nflug. You will not be subject to backup withholding on paymentsyeu receive Ifyou give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends an your tax store. Payments you receivewill be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You de not Usury your TIN when required (sea the Part II Instructions an page 3 for detalls), Page 2 3. The IRS tells the requester that you furnished an Incorrect TIN, 4, The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable interest and dividends only), or 5, You do not certify to Ilia requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). Certain payee& and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special volas forpartnerships above. What is FATCA reporting? The Foreign Account Tax Compilation Act (FATCA) requires a participating foreign financial Institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. Sea Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more Information. Updating Your Information You must provide updated Information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this parson. 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 anew Form W-9 If the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester, you are subject to a penalty of $60 for each such failure unless your (allure 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 $500 penally. Criminal penalty for falsifying information. Wlllfully falsifying ceutIcagous or affirmations may subject you to criminal penalties including fines and/or Imprisonment, Mfsuse 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 line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, lint first, and then circle, the name of the parson or entity whose number you entered In Part I of Form W-9. E. Individual, Generally, enter the name shown ah 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 now last name, Note. ITIN applicant: Enter your Individual name as it was entered on your Form W-7 application, line Ia. This should also he the same as the name you entered on the Farm 1 040/104DA/I 040EZ you flied with your application. b. Sete proprietor an sinpfe-member LLC. Enter your Individual name as shown on your 1040/1 04DA/1 040EZ on line 1. You may enter your business, trade, or "doing business as" (BBA) name on line 2. c. Partnership, LLC that is not o single -member LLC, C Corporation, or S Corporation. Enter Ilia entity's name as shown on the entity's tax return an line 1 and any business, trade, or BBA name on line 2. d, other entitles. Enter your 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 at the entity. You may enter any business, trade, or CSA 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)(iki). Enter the owner's name on in. 1. The name tithe entity entered on Ilne 1 should never be a disregarded entity. The name on line 1 should be the name shown on the Income tax mtum on which the income should he reported. For example, if afereign LLC that Is treated as a disregarded entity for U.S, federal tax purposes has a single owner that Is a U.S. parson, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity Is also a disregarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name," If the owner ofthe disregarded .mingle a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even lithe foreign person has a U.S. TIN. 75H-44 Form W-9 (Rev. 12-2014) Line 2 If you have a business name, bade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 fortho U.S. federal tax classification of the person whose name Is entered on line 1. Check only one box In line 3. Identical Liability Company(LLC), If the name on line 1 Is an LLC treated as a partnership for U.S, federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. If the LLC has flied Form 8832 or 2663 to be taxed as a corporation, check the "Limited Liability Company" box and In the opera provided enter "C" far Corporation or"S" for 8 corpomdon. If It Is a single -member LLC that Is a disregarded entity, do not check the "Limited Liability Company" box; Instead check the first box In line 3 "Individual/sole proprletnr or single -member LLC." Line 4, Exemptions if you are exempt from backup withholding and/or FATCA reporting, enter In the appropriate space In line 4 any c af.(s) that may apply to you. Exempt payee sada. • Generally, individuals (including sole pmprietora) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, Including Interest and dividends. • Corporations are not exempt from backup withholding for payments made In settlement of payment card or thlyd party network transactions. o Corporations are not exempt from backup withholding with respect to attorneys' fans or gross proceeds paid to attorneys, and corporations that provide medical or beef Ili care services are not exempt with respect to payments reportable on Farm 1099-MISC. The following rode. 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)(7) tithe account satisfies the requirements of section 401 (1)(2) 2—The Untied States or any of its agencies or Instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities 4—A foreign government or any of Its political suedlvalons, agencies, or Instrumantalltles 5—A corporation 6—A dealer in securities or commodities required to register In the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common treat fund operated by a bank under section 684(a) 11 —A financial Institution 12—A middleman known In the Investment community as a nominee or custodian 13—A frust exempt from tax under section 664 or described in section 4947 The fallowing char) shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees Ilakid above, 1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker tmnnaollam Exempt payees 1 through 4 and 6 through 11 and all C corporations. s corporations must not enter an exempt payee code because they are exempt only for sales of noncoverad securities acquired prior to 2012. Barter exchange transactions and Exempt payees l through patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 5° Payments made In settlement of Exempt payees l through payment card or third party network transactions I See Form 1099-MISC, Miscellaneous Income, and Its instructions. Page 3 'However, the fallowing payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health cam payments, attorneys' fans, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by 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 entries of the United States by certain foreign fllterclal Institutions. Therefore, If you are only submitting tills form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are mandate If the financial Institution la subject to these requirement& A requester may Indicate that a code Is not required by providing you with a Form W-0 with "Nut Applicable" (or any similar Indication) written or printed on file line fora 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—Tho United States or any of Its sustains or Instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivlslans or Instrumentalities D—A corporation the stock of which is regularly traded on one of more established securities markets, as described in Regulations section 1.1472-1(c)(1)(g E—A corporation that Is a member of the same expanded affiliated group as a corporation described In Regulations section 1.1472-1(cJ(i)(I) F --A dealer in securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United Staten or any state G—A real estate Investment trust IT—A regulated Investment company as defined In section 861 or an entity reglstaisd at all times during the tax year under the Investment Company Act of 1946 1—A common trust fund as defined In section 584(0) J—A bank as defined in section 581 K—A broker L—A trust exempt from ex under section 964 or described in section 4947(a)(1) M—A tax exempt trust under seder 4o3(b) plan orsncelon 457(g) plan Note. You may wish to consult with the financial institutiwr requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This Is where the requester of this form. W-9 will mail your Information returns. Line 6 Enter your city, state, and ZIP code. Part 1. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident allen and you do not have and am not eligible to get an SSN, yourTiN Is your IRS individual taxpayer Identification number #TIN. Enter it to the social security number box. If you de not have an R IN, see Now k get a TIN below. If you are a sole proprietor and you have an BIN, you may enter either your SSN or EIN. However, the IRS posters that you use your SSN. If you ere o single -member LLC that Is disregarded as an entity separate from Its owner (sea Limited IJablity Company (LLC) on this page), enter the owner's SSN (or FIN, If the owner has one). Be not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's SIN. Note. See the shad 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 Form SS -5, Application for a social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also gat this form by calling 1-800-772-1215. Use Form W-7, Applioatioh for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at wean langov/businesses and clicking on Employer Idetrtifieatlon Number (EIN) under Starting a Business. You can gat Farms W-7 and SS -4 from the IRS by visiting IRB.gov of by calling 1 -808 -TAX -FORM (1-800-828'+1876), If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TI IJ, sign and date the form, and give It to the requester. For intereaL and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments, You will he subject to backup withholding on all such payments until you provide, your TIN to the requester. Net.. Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the approprlale Form W-8. 75H-45 Form WO (Rev. 12-2014) Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident align, sign Form W^9. You may be requested to sign by the withholding agent even If Items 1, 4, or b below Indicate otherwise. For ajoint account, only the person whose TIN Is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as Indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered Inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely pmviding your correct 71 to the requester, you must areas out Item 21n the certification before signing the form. 3. Real estate transaction a. You must sign the oenlfication. You may cross out Item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. "Other payments" Include payments made in the course of the requester's trade or business for rents, rarities, goods (other than bills for merchandise), medical and health care aerviees (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, end gross proceeds paid to attorneys (Including payments to corporations). 5. 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 NSA 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 doint The actual owner of the account or, account) if combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minors qct) 4. a The usual revocable savings Ths grantor -trustee' trust (grantor Is also trustee) b. So-called trust account that is The actual owner' not a legal or valid trust under slate law 5. Sola pmprletarshlp or disregarded The owner' entity owned by an Individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.67'1-4(b)(2)0) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner Individual B. Avalid trust, estate, or pension trust Legal entiy B. Corporation or LLC electing The corporation corporate status on Form 0832 or Farm 2553 10. Association, club, religious, The organization charltabia, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. ACGGLlnt with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1699 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) (B)) Us[ first and circle filename of the person vrhoso number you Walsh. If only one person on a Iolnt..get hem an BSN, that person's number must be furalshed. 'Circle the minor's name and fumish the minor's SSN. You must show your Individual name and you may also enter your business or DBAname on the "Business name/disregarded anllty" name life. You may use either your SSW or BIN (you have one), but the IRS encourages you to use your SSW. ' UM Ilrst and circle the name of thetrust, estate, or pension trust. (cases turner the TIN of iho peraonel representative or iruatee unless the legal entity Itself is not designated in the account Ifni) Also see Special rules forpadnmvhipa on page 2. *Note. Grantor also moat peavlde a Farm W-9lo trustee of treat. Note. If no name Is circled when more than one name In listed, the number will be considered to he that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, SSN, or other iden8fying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a lob or may fele 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 protester. 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 an the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS identity Theft Hotline at 1-800-908.4490 or submit Farm 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing ecanomic herrn or a system problem, or are seeklog help In receiving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at t-877-777-4778 or TT'7TDD 1-800-829-4059. Protect yourself from suspiolmta am ails or phisung schemes. Phlshing Is tha creation and use of email and websites designed to mimic agltlarda business entails and websltes. The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user Into sumer daring private information that will be used for Identity theft. The IRS does not Initiate contacts with taxpayers via emalls. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you receive an unsolicited small claiming to be from the IRS, forward this message to phlshrng®moriov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tel( Administration (TIGTA) at 1-800-366-4484, You can forward suspicious smalls to the Federal Trade Commission at; spem9mo.gov or contact them at www.fle.govlldtheff or 1-877-IDTHEFr(1.377-4301 Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6199 of the Internal Revenue Code requires you to provide your correct TIN to persons (Including federal agencies) who are required to file information returns with the IRS to report Interest, dividends, or certain other Income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file Information raturns with the IRS, refunding the above Information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possoaalons for use in administering their laws. Tine 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 temarism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, clam end, and certain other payments to a Payne who does not give a TIN to the payer. Contain penalties may also apply for providing false or fraudulent information. ' 75H-46 6/20/17 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 2205 S. BRISTOL STREET (APN 015-194-24) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 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 Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with 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 California Department of Transportation and Federal Highway Administration in 2011. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75H-47 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 2205 S. Bristol Street (APN 015-194-24), 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 property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project'). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property 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; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75H-48 6/20/17 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 property 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 Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: A-1 Jo6h M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75H-49 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75H-50 c EXHIBIT A LEGAL DESCRIPTION Real Property in the City of Santa Ana, County of Orange, State of California, described as follows; LOT 193 OF TRACT NO. 11.92, IN THE CIN OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN: 015.194.24 75H-51 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 EXHIBIT B Y y o�oo�o o o G o 0 P & —� sr. mnmuses. ° 4Ap4 ci . C@° O ON k l @ y Q Q 0 ® Q b Q R p •w �• U O Q n� ®_ Op � f7 0. O O O a O sin C7 • O j-0 AVk'NUE ^� i �n Y qq C@° O ON k l @ y �abJ Q 0 ® Q b Q R p •w �• O _u.SCCd - 0 O• O Q n� y�.. �ie�� � � 0. O O O =mnruxal i}{3r IYAPNBF AVk'NUE ^� i �n Resolution No. 2017 -XXX Page 6 of 6 75H-52 75H-53 08/15/2011 THU 10:20 FAX PETERSON LAW GROUP PROFESSIONAL CORPORATION SUITE 290 19800 MACARTHUR BOULEVARD IRVINE, CALIFORNIA 92612 TELEPHONE (949) 955-0127 FACSIMILE (949) 955-9007 June 15, 2017 Clerk of the Council City of Santa Ana, City Hall 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 Facsimile: 714-647-6956 2001/001 1!117 JUN 15 I'm D 19 tTy OF A ANA Via Personal Delivery and Facsimile Re: Hearing on Resolution of Necessity — Victoria Vargas Bastida Bristol Street Widening Project APN 015-1.94-23, 24 2201 & 2205 S. Bristol Street, Santa Ana, CA ("Subject Properties") Dear Members of the City Council: This office represents Victoria Vargas Bastida, owner of the Subject Properties. Request is hereby made that this letter be made part of the record, and that we be given the opportunity to be heard at the hearing on the Resolution of Necessity. Ms, Bastida does not challenge the Resolution of Necessity for the Subject Properties, However, the prelitigation offer pursuant to section 7267.2 of the California Government Code is inadequate and does not rise to the fair market value standard. The offer reflects a depression in the surrounding area caused by the project, and thus the offer is project influenced, We look forward to working with the City in reaching a fair and just resolution of the acquisition of the Subject Properties that complies with the fair market value standard. CDP: cl Very truly yo s, �o Christopher D. Peterson 75H-54