HomeMy WebLinkAbout75L - PH - RESO NECESSITY 2240 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 2240 SOUTH
BRISTOL STREET (PROJECT NO. 116741)
(NONGENERAL FUND)
(STRATEGIC PLAN NOS. 6, 1G; 3, 2C)
CITY kfAWAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the condemnation of the entire real property located at 2240 South
Bristol Street (APN 408-471-06) 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 2240
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 $2,035,695 (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.
75L-1
Public Hearing — Resolution Determining Public Interest and
Necessity of Property at 2240 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 $2,035,695 are appropriated in the Bristol Street Improvements Project
(No. 116741), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the
State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017.
4 Al )I
FreMousavipour
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
75L-2
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RESOLUTION DETERMINING PUBLIC
INTEREST AND NECESSITY
FOR THE ACOUISITION OF REAL
No. 6. 10; and
75L-3
PAGE 1 OF 1
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RESOLUTION DETERMINING PUBLIC
INTEREST AND NECESSITY
FOR THE ACOUISITION OF REAL
No. 6. 10; and
75L-3
PAGE 1 OF 1
I
RNA ' s "224 � '
Bristol Street Improvements -Warner Avenue to Saint Andrew place
Parcel File No, 408.471-00
Owners of Record: Aida South, LLC, a limited liability company, as to an
undivided Y7, Interest and Vicale, LLC, a limited liability
company as to an undivided !z interest
Additional Owner(s) of Record: NIA,
Property Address: 2240 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:
•
Fair Market Value of the Subject Property
(Cxhiblt A)
•
Preliminary Report Issued by Title, Company
(Attachment 1)
•
Property Legal Description
{Attachment 2)
•
Statement of Just Compensation
(Attachment 3)
Summary Explanation Statement
(Attachment 4)
a
City of Santa Ana Handbook on Acquisition
(Attachment 5)
Statement of Ownership
(Attachment 6)
List of Improvements
(Attachment 7)
Your Rights Under Title VI
(Attachment 8)
W-9 Form
(Attachment 9)
Please return the SIGNED Receipt of Offer Package in the envelope enclosed:.
Vitale LLC Aida South, LLC
By: By:
Its: - Its:
Date, _ Date:
m 4 7
January Sq; 2017
Vitale, LLC
Attm Bob Adler
6625 Zumirez Dr.
Malibu, CA 90265
CITY OF SANTA ANA
20 civic center Plaza o P.O. Box 1988
Santa Ana, California 927D2
714-047-5013
yymu santa-ana AYq.
ACTING CITY MANAGER
Gerardo Mouet
CITY ATTORNEY
Sonia R,'Ga€vathd
CLERK Or THE COUNCIL
Marie D. War
Via Certified Mail
SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY AND IMPROVEMENTS PERTAINING TO
REALTY AT: 2240 S. E;RisToLSTREET, SANTA ANA, CA 92704
APW 408-471.05
Dear Property Owner,
This Offer supersedes all previous Offers to Acquire,
The City of Santa Ane ('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 Aida South, LLC, a limited liability company, as to an
undivided % interest; and Vicale, LLC, a limited liability company as to an undivided f interest to
be the vested owners of the above-mentioned property as shown in Attachment 4. 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 by certified appraisers for the real estate as
well as improvements pertaining to the realty to determine its fair market value The appraisals
were conducted in accordance with commonly accepted appraisal standards and included
consideration of the highest and best use of the land. Based on the appraisals, the City offers
you a total compensation of $2,035,695.00, The Fair Market Value of the Subject Property, which
serves as the basis of this offer is attached as Exhibit A. 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.
75L-5
2240 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 Handbook on Acquisition 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 let 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.
75L-6
2240 S. Bristol Street
January 30, 2017
Page 3
If for any reason you should see fit riot 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 the City's acquisition consultant, Kathy
Cabanilla from Epic Land Solutions, Inc. at (310) 626-4841.
Sincerely,
/` /`7
Jason Gabriel,
Principal Civil Engineer
cc: Christopher D. Peterson, Esq.
75L-7
CLIA Preliminary Report Form
(Rev. 11/06)
ATTACHMENT
Order Number: O -SA -4443317
Page Number: 1
Amended/ Updated
O8120/2015
`*}1 A F.,, C9
Fr°stAmerican rifle
4 First American Way
Santa Ana, CA 92707
Customer Reference:
Order Number: O -SA -4443317 (bdaa)
Title Officer:
Bob Davies / Ashley Aegerter
Phone:
(714)250-3094
Fax No.:
(714)913-6388
E -Mail:
octitle2@flrstam.com
Property:
2240 South Bristol Street
Santa Ana, CA
PRELIMINARY REPORT
In response to the above referenced applkation for a policy 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
hall 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 of said Policy forms.
The printed exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth In Ekhlblt A
attached. The policy to be issued may contain an arbitration clause, When the Amount oflnsurance is less than thatset/c th in the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insuredas the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Habllky for certain coverages are also set forth In exhibit A. Copies of the policy forms should be
read. They are available from the office w*h Issued this report.
Please read 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 you with notice of matters which are not covered
under the terms of the title insurance policy and should be rarefudly 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 Ilablllty be assumed prior to the Issuance of a policy of title Insurance, a
Pincer or Commitment should be requested.
FirstAmerican Title
Page 1 of 14
75L-8
Order Number: O••SA^4443317
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:
ALDA SOUTH, LLC, A LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 1/2 INTEREST; AND
VICALE, LLC, A LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED Y2 INTEREST
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A 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 not 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. The effect of a map purporting to show the land and other property, filed March 12, 1954 in Book
27, Page 35 of Record of Surveys.
4. The effect of a map purporting to show the land and other property, filed December 23, 1955 in
Book 30, Page 24 of Record of Surveys.
5. The Terms, Provisions and Easement(s) contained in the document entitled "Agreement"
recorded January 18, 1956 in Book 3358, Page 495 of Official Records.
Document(s) declaring modiflcations thereof recorded June 22, 1960 in Book 5298, Page 21 of
Official Records.
6. An unrecorded lease dated June 30, 1980, executed by Victoria Leslie Deutsch and Alexis Lee
Deutsch, each as to an undivided one-half (1/2) Interest as lessor and Conroy's, Inc. as lessee, as
disclosed by a Memorandum of Lease recorded August 4, 1980 as Instrument No. 3285 In Book
13688, Page 1734 of Official Records.
First American Title
Page 2 of 14
75L-9
Order Number O -SA -4443311
Page Number; 3
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not
shown by the public records.
Y. An easement for public street purposes and incidental purposes, recorded February 5, 1981 as
Instrument No. 7042 in Book 13940, Page 161 of Official Records.
In Favor of: City of Santa Ana, a Municipal Corporation
Affects: As described therein
B. An easement for utilities and Incidental purposes, recorded April 6, 19BI as Instrument No. 5531
in Book 14009, Page 1040 of Official Records.
In Favor of: The Pacific Telephone and Telegraph Company
Affects: As described therein
9. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or
Highway.
10. Water rights, claims or title to water, whether or not shown by the public records.
11. Rights of parties in possession.
Prior to the Issuance of any policy of title insurance, the Company will require:
12. With respect to Alda South, LLC, a limited liability company:
a. A copy of its operating agreement and any amendments thereto;
J. If it is a California limited liability company, that a certified copy of Its articles of organization
(LLC -1) and any certificate of correction (1-1-C-11), certificate of amendment (LLC -2), or
restatement of articles of organization (LLC -10) be recorded In the public records;
c. If it is a foreign limited liability company, that a certified copy of Its application for registration
(LLC -5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
Instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, that such document or instrument be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed by at
least two duly elected or appointed officers, as follows: the chairman of the board, the president
or any vice president, and any secretary, assistant secretary, the chief financial officer or any
assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified In
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one manager
if the limited liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other Information which the Company may require
FirstAmeriean Title
Page 3 of 14
75L-10
Order Number: O -SA -4443317
Page Number: 9
13. With respect to Vicale, LLC, a limited liability company:
a. A copy of Its operating agreement and any amendments thereto;
b, If it Is a California limited liability company, that a certified copy of its articles of organization
(LLGi) and any certificate of correction (1-1-C-11), certificate of amendment (LLC -2), or
restatement of articles of organization (LLC -10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of Its application for registration
(LLC -5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
Instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, that such document or instrument be
executed In accordance with one of the following, as appropriate:
(i) If the limited ]]ability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed by at
least two duly elected or appointed officers, as follows: the chairman of the board, the president
or any vice president, and any secretary, assistant secretary, the chief financial officer or any
assistant treasurer;
(II) If the limited liability company properly operates through a manager or managers Identified In
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one manager
if the limited liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require
FirstAmerican Title
Page 4 of 14
75L-11
Order Number: o-SA•4443317
Page Number: 5
----- J 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:
$5,136.20, PAID
Penalty:
$0,00
Second Installment:
$5,136.20, PAID
Penalty:
$0.00
Tax Rate Area;
11-102
A. P. No.:
408-471-06
2, According to the latest available equalized assessment roll In the office of the county tax
assessor, there is located on the land a(n) Commercial Structure known as 2240 South Bristol
Street, Santa Ana, California.
3. According to the public records, there has been no conveyance of the land within a period of
twenty-four months prier to the date of this report, except as follows:
None
4, We find no open deeds of trust. Escrow please confirm before closing.
The map attached, if any, may or 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 map is attached.
FirstAmellcan Me
Page 5 of 14
75L-12
.Tyl AAIAp,
First Amcrica a Trio
Order Number: e•SA4443317
Page Number: 6
First American Title Company
4 First American Way
Santa Ana, CA 42707
(719)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 4443317 and Title Officer Bob Davies / Ashley Aegerter
Please wire the day before recording.
FlrstAmerican Title
Page 6 of 19
75L-13
order Number O -SA -44433 7
Page Number: 7
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
THAT PORTION OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST IN THE LAND
ALLOTTED TO F,W. KOLL IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA
ANA, RECORDED IN BOOK B OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF
CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON A LINE PARALLEL WITH AND NORTHERLY 52.00 FEET FROM THE
SOUTH LINE OF SAID SECTION 23, AS SHOWN ON A MAP TRACT NO. 2207, RECORDED IN
BOOK 62 PAGES 23 AND 24, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SOUTH 890 48'45" WEST 192.00 FEET THEREON FROM THE
EAST LINE OF SAID SECTION AS SHOWN ON SAID MAP; THENCE NORTH 00 10'45" EAST
150.00 FEET PARALLEL WITH SAID EAST LINE; THENCE NORTH 890 48' 45" EAST 150,00 FEET
PARALLEL WITH SAID SOUTH LINE TO A LINE PARALLEL WITH AND WESTERLY 42.00 FEET
FROM SAID EAST LINE; THENCE SOUTH 00 10',15" WEST 125,16 FEET ALONG SAID LAST
MENTIONED PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY 39.11
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890 38'00" TO THE POINT OF
TANGENCY WITH SAID FIRST MENTIONED PARALLEL LINE; THENCE SOUTH 890 48'45" WEST
125.16 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THE INTEREST RESERVED TO THE CITY OF SANTA ANA OF THE
ADJOINING STREETS BY GRANT DEED RECORDED JUNE 13, 1980 AS INSTRUMENT NO. 13622
IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS,
ALSO EXCEPT THEREFROM ALL OIL, GAS, WATER AND MINERAL RIGHTS WITHOUT, HOWEVER,
THE RIGHT TO USE THE SURFACE OF SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF
500 FEET BELOW THE SURFACE THEREOF FOR THE EXTRACTION OF SUCH OIL, GAS, WATER
OR MINERALS, AS RESERVED TO THE CITY OF LOS ANGELES BY GRANT DEED RECORDED JUNE
13, 1980 AS INSTRUMENT NO. 13622 IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS.
APN: 408-471-06
Rl-stAmerlcan Title
Page 7 of 14
75L-14
_._*O -SA -4443317
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75L.15
Order Number: OSA-4443317
Page Number: 9
NPTXCE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds In an escrow or sub -escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or dlsbursing funds. This statute allows for Funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for
more details.
F1rstAme1'ican Title
Page 9 of 14
75L-16
Order Number; O -SA -4443317
Page Number: 10
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not Insured against loss, costs, attorneys' fees, and expenses resulting from:
1, Governmental police power, and the existence or violation of those portions of any law or government regulation concerning
(a) building; (d) Improvements on the Land;
(b) zoning; (e) land division; and
(c) land use; (f) environmental protection.
This rxcluslon does not Ilmit the coverage described In Covered Risk 8,a„ 14, 15, 16, 18, 19, 2123 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15,
3. The right to take the Land by condemning it, This Exclusion does not limit the coverage described in Covered Risk 17,
4. Risks:
(a) that are cleated, allowed, or agreed to by You, whether or not they are recorded In the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded In the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described In Covered Risk 7, 8.e„ 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area spedflcally described and referred to In paragraph 3 of Schedule A; and
(b) In streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer or the Title to You Is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
Insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your Insurance for the following Covered Risks Is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown In Schedule A.
Your Deductible Amount Our McXilmum Dollar
Limit of Liability
Covered Risk 16: 10A of Policy Amount or $2,500,00 (whichever Is less) $10,000.00
Covered Risk 18; 10h 0f Policy Amount or $5,000.00 (whichever Is less) $25,000.00
Covered Risk 19: 19/b of Policy Amount or $5,000.00 (whichever is less) $25,000.00
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions In Schedule B, you are not Insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This Includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) Improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The rlghtto takethe land by condemning It, unless:
First American Title
Page 10 of 14
75L-17
OrderNumber: O -SA -4443317
Page Number: 11
(a) a notice of exercising the right appears In the public records on the Policy Date
(b) the taking happened pilot to the Polley Date and Is binding on you If you bought the land without knowing of the taking
3, Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date -- unless they appeared In the cable records
(c) that result In no loss to you
(d) that First affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5, lack of a right:
(a) to any land outside the area specifically described and referred to In Item 3 of Schedule A OR
(b) In streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage In Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating,
prohlblting, or relating to
(1) the occupancy, use, or enjoyment of the Land;
(11) the character, dimensions, or location of any Improvement erected on the land;
(III) the subdlvlslon of land; or
(Iv) environmental protedlon;
or the effect of any violation of these laws, ordinances, m' governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6..
2. Rights of ernment domain. This Exclusion does not modify or Ilmit the coverage provided under Covered Risk 7 or 8,
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
In wriling to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this Polley;
(c) resulting In no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Polley (however, this does not modify or Ilm@ the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage,
A. Unenforceablllty of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing -
business laws of the state where the Land Is situated.
5. Invalidity or unenforceability In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and Is based upon usury or any consumer credit protection or truth -in -lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or alai creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, Is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated In Covered Risk 13(b) of this policy,
7, Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of
Policy and the data of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11(b).
The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not Insure against loss of damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments Lhat are riot shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records,
FirstAtnerlcan iit(e
Page 11 of 14
75L-18
Order Number: OSA-4443317
Page Number: 12
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records,
5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Ads authorizing the Issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records,
6, Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06.17.06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss of damage, costs, attorneys'
fees, or expenses that arise by reason of;
I, (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(1) the occupancy, use, or enjoyment of the Land;
(II) the character, dimensions, or location of any improvement erected on the Land;
(III) the subdivision of land; or
(Iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exrluslon L(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion f(h) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Deposits, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant pilar to the date the Insured Claimant became an Insured under this policy;
(c) resulting In no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value foe Che Title,
4. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown In Schedule A, Is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5, Any lien an the Tide for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of
Policyand the date of recording of the deed or other Instrument of transfer In the Public Records that vests Mile as shown in Schedule A.
The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or
that may be asserted by persons In possession of the Land,
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, varladon, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records,
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorfArg the Issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records,
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL IRAN POLICY (07.26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the beverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
FirstAmarican T!tla
Page 12 of 14
75L-19
Cider Number; O -SA -4443317
Page Number; 13
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(1) the occupancy, use, or enjoyment of the Land;
(II) the character, dimensions, or location of any improvement erected on the Land;
(III) the subdivision of land; or
(Iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 51 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or S.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting In loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceabllity of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing -
business laws of the state where the Land Is situated.
S. Invalidity or unenforceability In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and Is based upon usury or any consumer credit protectlon or truih-In-lending law. This Exclusion does not modify or Ilmlt
the coverage provided In Covered Risk 26.
6. Any claim of Invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown In Schedule A Is no longer the owner of the estate or Interest covered by this policy. This
Exclusion does not modify or limit the coverage provided In Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching subsequent to Date
of Policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of It, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided In Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal hanks uptcy, state Insolvency, or similar creditors' rights laws, that the transacuon creating
the lien of the Insured Mortgage, Is
(a) a ri audulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
RmtAmerican Title
Page 13 of 14
75L-20
Order Number: O -SA -4443317
Page Number; 14
FirstAmerican True
Privaq Information
Wo Are Committed to Safegrmrding Customer Informatinn
In order he better serve your needs now and in the future, we may ask you to provide us with certain Information. We i ndestand that you may be confound about what we Will do with such
Information - particularly any personal or flnandal information. We agree that you have a Hght to know ImVr we will uttlze the personal information you provide to us. Therefore, together With our
subsidiaries we leave adopted this Privacy Policy to govern the use and handling of your parsonal Information.
Applicability
This Privacy Paltry govem; our use of the Information that you provide to us. It does not govern the manner In which we may use Information we have atoned from any other source, such as
Information cletoded from a public record or ions another person or entity. First American has also adopted broader guidelines that govern our use of persart Information regamuse of its some.
FirstAmeman mils these guldtlines its Fair fnficann ion Values.
Types of Informatinn
Depending upon which of our services you are utilizing, the types of aanpublic personal informal'on mat we may collect Include:
• Information we receive mon you on applications, forms and In other communications to us, whether rn writing, In person, by telephone many other means;
• Information aboatyour transactions vain us, our affillated compei or others; and
• information we receive from a consumer reporting agency.
Use of information
We request Information from you for our own IeglWnale business purposes and not or the benefit of say nocaffirated party. Therefore, we will not release your Information to noreffiliatel parties
except: (I) as necessary for us to provide the product ar service you have requested of us; or (2) as permitted by law. We may, however, stare such Information indefinitely, Including the period
afterwhich any customer relationship has coined. Such informatlun may to used for any internal purpose, such as quality control efforts or ammamor analysis. We may also provide all of the types of
torten ip personal information listed crew, to one or mare of our neff.ted companies. Such durRab'od companies includo financial sai providers, such as Its Insurers, property, and casualty,
Insurers, and trust and Investment advisory companies, or companies Involved In real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the Information we called, as described above, to comisales that perform marketing services Da our behalf, on behalf of our affiliated companies or No other I' andal
institutions wins whom we or our affiliated companies have joint marketing agreements.
Far mer Custonaere -
Fwen If you are no longer our customer, err Pdrary Policy will continue to apply W you,
Confidentiality and Security
We will use our but clfods to ensure that no unanlhorized parties have access to any of your informahan. We nutold access m nonpublic personal Information about you to these millviduals and
entitles who need her know that Inforradon to provide products or services m you We wil use our but efforts to train and oversee our employees and agents to ensure that your Information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values, We currently malnteln physeal, alactmnk, and procedural safeguard, that comply with
federal regularl to guard year nonpublic personal Information.
Infmmatmit Obtained Through Our Web Sita
first American financial Carpard ion Is sensitive to privacy Issues on tlse Internet. We believe It Is important you know haw We treat the information about you we Iwelve on the Internet.
In general, you con visit First American or Its of bei Web often on the World Wide Web without telling us who you are or reveaing any Information about yourself. Our Web servers coiled the
domain names, nut the e-mail addresses, of visitors. This Information is agmaji to measure the number of visits, average time spent on the site, pages vlewnd and similar Information. First
American uses this information to measure the use of air site and to develop Ideas an Improve the content of our elm.
There are times, however, when we may need Information from you, such as your name and email address. When information is needed, we will use our Ix+st efforts to let you knave at the time of
collection how we will use the percent Integration. Usually, the personal information via coiled Is used only by us to respond to your Inquiry, process an order or allow you to access specific
account/profile Information. If you choose to share any personal information with us, we will any use put accordance with be policies outlined above.
Rnaitresa Relationships
First American Financial Wrpomttn's site and Its af011ates' clean may mnlaln links In other Web sites. While we try to link only he sites that share or high standards and respect for privacy, we are
cwt responslhle for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" term arty to measure site activity and to debaters Information to your personal tastes. A cookie is an element of data that a Web site
on send to your browser, which may Men store the cookie on your hard drive.
genmm mm uses stared cookies. The goal of this lechnolo9y is to better serve you when visiting our site, save you hue when you are here and to but you with amore meaningful and
productive Web site experience.
fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses, We only offer produces and scrAces that assure a ravomble balance between container benefits and consumer
privacy.
Public Retard We hellos. that an open public record castes signmcant value for society, enhances consumer choice and creates consumer opportunity. We iii support an open public record
and emphasize its Imrribnm and contribution to our ,cart
OF" We believe we should behave responsibly when vie use information about a consumer In our business. We will obey the laws governing the collection, use and dieseminatlon of data.
Amuracy We All take reasonable some to help assure the anduecy of the data we called, use and disseminate. Where possible, we will bake reasonable steps to comet inaccurate Information.
When, as With the i uelc record, we cannot correct Inaccurate Information, we will take all reasonable steps to assist consumers In Identifying the source of the erroneous data so that the consumer
can secure the required corredlons.
Education We endeavor to educate the users of our products and services, our employees and others In our Industry about the Importance of consumer privacy, We will Instruct our employees on
our fair information values and on the responsible collection and use of data. We will rearrange others In car industry to caller and use Information In a responsible manner.
Security We will malntaln appropriate facllitles and systems to protect against mautfarized access to and corruption of the data we maintain.
Form 50 -PRIVACY (9/1/10) Page I of 1 Privacy Informatee (2001-2010 First American Financial Corporation)
FlistAmencan Title
Page 14 of 14
75L-21
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:
THAT PORTION OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST IN THE LAND
ALLOTTED TO FW. KOLL IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE
SANTA ANA, RECORDED IN BOOK B OF JUDGEMENTS OF THE 17TH JUDICIAL
DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON A LINE PARALLEL WITH AND NORTHERLY 52.00 FEET
FROM THE SOUTH LINE OF SAID SECTION 23, AS SHOWN ON A MAP TRACT NO. 2207,
RECORDED IN BOOK 62 PAGES 23 AND 24, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SOUTH 890 48'45" WEST
192.00 FEET THEREON FROM THE EAST LINE OF SAID SECTION AS SHOWN ON SAID
MAP; THENCE NORTH 0" 10'45" EAST 150.00 FEET PARALLEL WITH SAID EAST LINE;
THENCE NORTH 89'48'45" EAST 150.00 FEET PARALLEL WITH SAID SOUTH LINE TO A
LINE PARALLEL WITH AND WESTERLY 42,00 FEET FROM SAID EAST LINE; THENCE
SOUTH 9`10'45" 45" WEST 125.16 FEET ALONG SAID LAST MENTIONED PARALLEL LINE
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY 39.11 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 89'38'00" TO THE POINT OF
TANGENCY WITH SAID FIRST MENTIONED PARALLEL LINE; THENCE SOUTH 890 48'45"
WEST 125.16 FEETTO THE POINT OF BEGINNING.
EXCEPT THEREFROM THE INTEREST RESERVED TO THE CITY OF SANTA ANA OF THE
ADJOINING STREETS BY GRANT DEED RECORDED JUNE 13, 1980 AS INSTRUMENT
NO. 13622 IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL OIL, GAS, WATER AND MINERAL RIGHTS WITHOUT,
HOWEVER, THE RIGHT TO USE THE SURFACE OF SAID LAND OR ANY PORTION
THEREOF TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF FOR THE
EXTRACTION OF SUCH OIL, GAS, WATER OR MINERALS, AS RESERVED TO THE CITY
OF LOS ANGELES BY GRANT DEED RECORDED JUNE 13, 1980 AS INSTRUMENT NO.
13622 IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS,
APN: 408-471-06
75L-22
ATTACHMENT 3
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
Aida South, LLC, a Limited Liability Company, as to an undivided!12 interest,
and Vicale, LLC, a Limited Liability Company as to an undivided % interest.
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 surnmary 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.
75L-23
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: Alda South, LLC, a Limited Liability Company, as to
an undivided % interest; and Vicale, LLC, a Limited
Liability Company as to an undivided '/z interest.
Location: 2240 South Bristol Street, Santa Ana, California
92704
Assessor's Parcel No.: 408-471-06
Date of Value: November 29, 2016
Property Rights Appraised: Fee simple
Site Area: Approximately 21,300 square feet, or 0.49 acre,
according to public records.
Zoning: The parcel is zoned C-2 (General Commercial) and O
(Park) within the Bristol Street Corridor Specific Plan
designated by the City of Santa Ana. Only the 10 feet
along Bristol Street is zoned O, while the remainder is
zoned C-2. Prior to 1991, the entire site was zoned C-
2. The General Plan designation is GC 0.5 (General
Commercial).
Present Use:
Highest and Best Use
(As Vacant):
Highest and Best Use
(As Improved):
Commercial
Retail development
Continue the existing use
Improvements: According to information obtained from public records
and verified by physical measurements of the
building, the building has a gross building area of
2,894 square feet. It was originally constructed in
1980, and is in average condition for its age.
75L-24
Description of Acquisition: A full acquisition is proposed
SALES COMPARISON APPROACH
The estimated fair market value of the subject property is based on improved
sales data for other properties with essentially the same utility and amenities. The
subject property is located on a primary arterial street and the property benefits from
good access and visibility.
To analyze the value of the subject property, a search was conducted of the
market area for similar improved office building sales. Very few transactions were found
in Santa Ana. The search was expanded to surrounding areas and included small
commercial buildings that sold throughout Orange County since January 2015, between
1,000 and 10,000 square feet in size. Of the comparables discovered, the six most
similar properties were chosen for comparison.
The comparables reflect selling prices ranging from approximately $513 to
$1,169 per square root of building area.
The sales comparison approach is developed to provide an indication of the fee
simple market value.
The comparable sales are analyzed using the price per square foot method,
which is the typical basis used by buyers in this market. This unit of measure provides a
reliable basis of comparison for the assignment.
Included on the following page is a Comparable Improved Sales Summary.
75L-25
75L-26
COMPARABLE IMPROVED SALES SUMMARY
Location
CDE Date Bldg Sze SF
Year Built Sales Price
APN
Doc No, land Area SF
Site Cov. Price PSF7131dq
Comments
Subject Property
2240 5 Bristol Bract
WApp 2,894
1980 NI/App
subject property has good frontage
Santa Ana, CA 92704
WApp 21,300
14% NI/App
on Bristol Street and Warner Avenue,
408-471.06
asi nalized Intersection.
Comparable No. 1
25109 Bristol Bract
3/202015 2,750
1970 $1,410,630
The purchasaof a single-tenant retail
Santa Ana, 0492704
144982 11,853
23% $512.96
pad building, as a portion of the
Fbrtlon of 412-191.05
larger Bristol Brest Fstail Siops
Buyer:
2430 South W slol, LLC
transaction, The total purchase price
Sailer:
Bristol Central, LP
Is reported to be $10.847,500, or
$526/sf. The sale pricy shown for
this property is the allocated price
Comparable No. 2
2502 S Bristol Brest
3/20/2015 2,000
1970 $1,025,913
The purchase of a single- tenant retell
Santa Ana, M 92704
144982 8,621
23% $512-96
pad building, as a portion or the
Portion of 412.191.05
larger Bristol areet F etail 9iops
Buyer:
2430 South Bristol, LLC
transaction. The total purchase price
isreported to be$10,847,500, or
$526/of. The sale price shown for
this properly is the allocated price
sailer:
&Istel Central LP
perbullding. Mldblocklocatlon.
Comparable No. 3
24309 Bristol arcet
3/20/2015 2,775
1970 $1,423,454
The purchamof a dngle-tenant retail
BrntaAna, O992704
144982 11,962
23% $512.96
pad building, as a portion of the
Pbrtion of 412-191-05
larger Bristol Brest Flatall Slaps
Buyer:
2430 south Bristol, LLC
transaction. The total purchase price
Is reported to be $10,847,500, or
$5261sf, The sale prim shown for
thisproperty, is the allocated price
Seiler:
Bristol Cartral LP
par bulldin . Midblock location.
Comparable No. 4
1310S Euclid Street
7110/2015 2,400
1960 $1,400,000
Bala of asingle-tenant commercial
Fullerton, CA 92832
362419 6,600
36% $583.33
building, operated asabar.The
073-310-18 and 073-310-06
broke reports that $25,000 was
Buyer:
1310 SEuclid Brest, LLC
allocated for the liquor license. Mid-
'Alar:
,bhn H.,bhnson and Dolette.bhnson. Trustees
blocklocatlon.
Comparable No. 5
17991 Euclid Sreet
428/2016 2,870
1990 $2,350,000
Rurchass of a commercial building,
Fountain Valley, 0492708
187715 21,854
13% $818.82
formerly utilized ase restaurant.
169.201.04
&od signalized intersection
Buyer:
Krystal Fham, LLC
location.
adler:
Csor iocR as asTrustm
Comparable No, 6
101 W. Ketella Avenue
91/1612015 2,640
1999 $3,085,000
:Bile of adngle-lenant retail building,
Anaheim, CA 92802
589530 18,905
14% $1,168.56
occupied by 7-11, Sgnsllzed corner
082.432-25
location.
Buyer:
Todd 1. Sahlffman, as trustee
S41er:
The Equities 111 LLC
75L-26
Conclusion
After adjustments for market conditions, the comparables establish a fair market
value range for the subject property between $572 and $1,245 per square foot as
shown in the following table. Comparable Nos. 1 through 4 are rated inferior, while
Comparable Nos. 5 and 6 are rated superior. Based on the subject property's size,
location and condition, a value above $622, but below $852 is indicated for the subject
property.
A fair market value of $670 per square foot is concluded. Based on the preceding
investigation and analysis, the fair market value of the subject property, as of November
29, 2016, is calculated as follows:
INDICATED VALUE - SALES COMPARISON
APPROACH
2,894 SF X$670PSF= $1,938,980
ROUNDED
75L-27
$1,940,000
Indicated Values
Comparable
Overall
Indicated $ISF
No.
Comparability
1
Inferior
$572
2
Inferior
$572
3
Inferior
$572
4
Inferior
$622
Subject
.....
$670
6
Very Superior
$852
5
Very Superior
$1,245
A fair market value of $670 per square foot is concluded. Based on the preceding
investigation and analysis, the fair market value of the subject property, as of November
29, 2016, is calculated as follows:
INDICATED VALUE - SALES COMPARISON
APPROACH
2,894 SF X$670PSF= $1,938,980
ROUNDED
75L-27
$1,940,000
INCOME APPROACH
The subject property is a commercial building utilized as a florist shop. As such,
the fee simple value is analyzed using market rent and expenses.
Market Rent Analysis
A survey of Santa Ana and the surrounding cities for recently executed leases
and asking rents for office space ranging from 500 to 5,000 square feet in size is used in
the analysis. The important factors considered during selection of the comparables
include location, building area, visibility and access. The search focused on properties
with arterial street visibility, but data for such properties was found to be somewhat
limited; however, sufficient data was available to estimate a market rental rate for the
subject property.
The survey properties indicate that rents are written on a triple -net basis, which
will be utilized.
For triple -net leases, the tenants pay operating expenses such as property taxes,
insurance, tenant utilities and janitorial, common area maintenance and utilities, building
repairs and maintenance, security, parking and sometimes management (or a portion of
management). These expenses are normally recouped by the landlord in the form of an
expense reimbursement charge. The landlord is still responsible for non -reimbursed
management (collecting the check and watching over the property) miscellaneous
expenses such as those incurred between tenancy, accounting, legal, and replacement
of short-lived items such as the roof, air-conditioning units and exterior walls, if
applicable.
Based on the review of the rental data and after consideration for differing property
characteristics, it is concluded that a rental rate of $3.10 per square foot per month,
triple -net, for the subject property is reasonable for the analysis and is used in the direct
capitalization analysis.
The estimated market income for the subject property is calculated in the
following table:
CONCLUDED MARKET RENT
Building Market Rent/SF Market Annual Market
Size Mo. Rent/Mo. Rent
75L-28
2,894 Sr $3.10 $8,971 $107,657
Vacancy and Collection Loss
Single -tenant buildings are typically valued assuming no vacancy or collection
loss. However, from the perspective of an investor, a stabilized vacancy and collection
loss within the historical range is usually applied, assuming a five- to 10 -year holding
period. An estimated stabilized vacancy and collection loss of 3% is considered
appropriate for the direct capitalization analysis.
Expense Analysis
The subject property is an owner -user office building. Typically, leases for similar
buildings in this market are written on a triple -net lease basis, where the tenant is
responsible for operating expenses for the property including: taxes, insurance, utilities,
common area maintenance, building repairs and maintenance. The owner is
responsible for management, miscellaneous expenses, and administrative costs. The
capital value analysis has been analyzed on a typical triple -net basis.
Overall Capitalization Rate
A review of sales and listings of commercial properties found that reported OARS
reflect rates from 4.3% to 5.5%. These sales are considered the best evidence of an
appropriate capitalization rate for the subject property.
75L-29
DIRECT CAPI TALI ZATI ON ANALYSIS
2240 S Bristol Street
Santa Ana, California
INCOME:
Rental Income Annual
Market Fbntal Income Monthly Rental Income $3.10 PSF x 12 Months $107,657
Total LeaseableArea 2,894 SIF
Total Potential Gross Income
$102,049
Capitalization Fete
$107,657
Vacancy 3%
$1,943,793
ti()t lmnPn
3230
Effective Coss I name
$104,427
REIMBURSABLE EXPENSES:
$/SF
Management 2.0%
($0.72)
($2,089)
Ives
= 101
.4$289)
Total RAmbursable Expenses
(,$0.82)
($2,378)
$2378
Net operating Income
$102,049
Capitalization Fete
5.25°/
Indicated Value at Market Fent
$1,943,793
ti()t lmnPn
G4 OdF nnn
*Difference may ho duoto rounding.
Income Approach Conclusion
The direct capitalization analysis and resulting indication of market value via the
income approach is shown on the following page. The indicated fair market value, as of
November 29, 2016, is as follows:
INDICATED VALUE - INCOME APPROACH
$1,945,000
75L-30
CONCLUSION OF VALUE
The sales comparison approach is based on the premise that a purchaser will not
pay more for an existing property than for a comparable property of similar utility. This
approach directly reflects the actions of buyers and sellers and is the approach most
often used by owner -users in this market. The subject would primarily appeal to an
owner -user or small investor, and the most likely buyer would be an owner -user or
investor. There is a sufficient quantity of comparable sales data with adequate quality of
information. The sales comparison approach is considered to be a reliable indicator and
is given weight in the final reconciliation.
The income approach is predicated on the principle of anticipated economic
benefits. The information available regarding market rents,.vacancy, expenses and
investor return requirements is sufficient and adequate to determine a reliable indicator
of value. The income approach has been given weight in the final value conclusion.
APPRAISAL CONCLUSION
Considering the data and analyses presented, the opinion has been formed that
as of November 29, 2016, the fair market value of the subject property is:
INDICATED VALUE
Sales Comparison Approach
$1,940,000
Income Approach $1,945,000
Reconciled Value (Rounded) $1,945,000
The above is a summary of my appraisal prepared at the request of, and to be
used by, the client to comply with Code of Civil Procedure Section 1255.010(b). My
appraisal is the basis for this summary and was made in accordance with accepted
appraisal principles, consistent with California Valuation Law. Stephanie L. Kavanaugh,
Certified General Real Estate Appraiser, Certificate No. AG030565, provided assistance
in this assignment.
BY:
Elizabeth M. LAI, AI-GRS
Certified General Real Estate Appraiser
Certificate No, AG005391
Expiration Date: April 13, 2018
75L-31
CERTIFICATION
We certify that, to the best of our knowledge and belief:
1. The statements of fact contained in this report are time 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 previously appraised the subject property in our File No. 15-5298, dated
December 5, 2015.
4. We have performed no services, as appraisers or in any other capacity, regarding the
property that is the subject of this report within the past three-year period immediately
preceding acceptance of this assignment.
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. Stephanie Kavanaugh has made a personal inspection of the property that is the subject of
this report. Elizabeth M. Kiley has not made an inspection of the subject property, bill has
fully participated in the analyses, opinions and conclusions concerning real estate contained
in this report and firlly 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, MAI, AI-GRS
Certified General Real Estate Appraiser
Certificate No. A0005391
Expiration Date: April 13, 2018
Stephanie L. Kavanaugh
Certified General Real Estate
Certificate No. AG030585
Expiration Date: April 12, 2017
75L-32
ATTACHMENT 4
8UAI ARY EXPLANATION STATEMENT
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 year 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 in 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;
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."
e. 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 rej cot the offer made by the City of Santa Ana for your property,
you are entitled to have the amount of compensation determined by a court of law in
accordance with the laws of the State of California.
75L-33
ATTACHMENT 5
CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza M-36
Santa Ana, CA 92702
75L-34
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 legal
definitions or any form of legal advice. Recipients of offer letters from 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.
75L-35
TABLE OF CONTENTS
PAGE
WHY IS MY PROPERTY REQUIRED?
I
WHAT RIGHT DOES THE CITY RAVE TO ACQUIRE MY PROPERTY?
I
WHO MAKES THE DECISION TO BUY MY PROPERTY?
I
HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY?
I
WHAT IS FAIR MARKET VALUE?
I
HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY?
2
WILL I HAVE A CHANCE TO TALI{ 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 NST COMPENSATION?
CAN I GET AN APPRAISAL?
3
MUST I ACCEPT THE CITY'S INITIAL OFFER?
3
MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS?
3
IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID?
.4
WHATHAPPENS IF I DO NOT AGREE TO THE FINAL P'URC'HASE OFFER?
4
WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY?
4
WHAT IS AN ORDER OF POSSESSION?
4
WILL I RAVE 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 L08S OF BUSINESS GOODWILL?
6
I AM A VETERAN, HOW ABOUT MY GI LOAN?
7
MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGIIT IT. MUST I
7
PAY CAPITAL GAINS TAX ON THE INCREASE?
WHAT IF I HAVE. OTIIER QUESTIONS ABOUT THE PROCESS?
7
75L-36
WHY IS MY PROPERTY REQUIRED?
The City of Santa Ana, Public Works Agency ([he City), has determined that your property
May be required for the improvements of Bristol Sheet.
WHAT RIGHT DOES THE 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 lights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S.
Constitution, the State Constitution and em neat 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 TAE 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 atter a thorough review that includes public hearings to obtain the views of interested
citizens.
HOW WILL THE CITY DETERMINE HOW MUCII TO OFFER ME FOR MY
PROPERTY?
Before making you an offer, the City will obtain an appraisal of your property. A qualified,
licensed, professional appraiser who is familiar with local property values 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
less 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 fair 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 for which the property is reasonably adaptable and
available,
75L-37
HOW DOES AN APPRAISER DETERMINE TILE 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 are:
I -low it compares with similar properties in the area that have been sold recently.
I -low much it would cost to reproduce the buildings and other structures, less any
depreciation.
How much rental income it could produce after expenses and Trow investors typically
value that income.
WILL I HAVE, A CHANCE TO TALI{ 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 you property,
• The availability of funding; and
• Possible project delays caused by factors outside the control of the City.
Typically, when there are no finding 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
bejust 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 pu'cbaso offer. Among other things, this statement will include:
The recognized definition of the term "fair market value" or the equivalent term.
75L-38
• 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 property 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 reasonahle costs up to $5,000
subject to the following conditions;
• You may order you 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 must be made in writing and submitted to the
City of Santa Ana, Public Works Agency, 20 Gude 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
subirrission of the appraisal cost reimbursement request. All appraisal costs must be
reasonable and justifiable.
MUST I ACCEPT THE 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 during 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.
75L-39
IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID?
I£ 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.)
WI4AT 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 property or
abandon its intention to acquire the property, In the latter 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 deterrntned, 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 arc
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 determine just 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
75L-40
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 comm 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, LESS any amounts necessary to pay off any
mortgage or other liens on the property and sums necessary to resolve any special ownen5hip
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 faitb.
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 fine 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.
75L-41
CAN THE CITY TACE 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 paid 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 fain rental value for a typical rental
period,
However, the amount of rent to be paid by your or your 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 cannot 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
the 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.
75L-42
(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, IOW 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 WIZEN 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 loss
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.
75L-43
ATTACHMENT
STATEMENT OF OWNERSHIP
PERSONAL PROPERTY, TENANT IMPROVEMENTS, FIXTURES AND EQUIPMENT
PARCEL NO,: PROJECT:
TENANT'S NAME:
ADDRESS:
CITY/STATE/ZIP CODE:
CCU:
The undersigned tenant agrees thatthe items listed on the attached inventory are owned by him or
her.
Date:
Tenant
PROPERTY OWNER'S NAME:
ADDRESS:
CITY/STATF,/7.IP CODE:
The undersigned tenant agrees that the items listed on the attached inventory are owned by him or
her.
Property Owner
Date:
Please have each signature on this document notarized.
75L-44
CITY OF SANTA ANA
CIO SOURI AMIRANI
CIVIL SOURCE ENGINEERING
{ ATTACHMENT 7
CONROYS FLOWER 2240 S, BRISTOL
FAIR MARKET VALUE IN-PLACE
DATE OF VALUE: OCTOBER 7, 2015
1 T DESCRIPTION: o U -a FMV IN
N Y TENANT IMPROVEMENTS PERTAINING TO THE REALTY N A, PLACE
❑ ❑ L
1
1 CONSTRUCTION, HANDICAP PARKING C/O
G A
$ 2,915
(624)SF OF OVERLAY
(1) STRIPING, (1) HANDICAP PARKING SPACE, (1) ADA
BLUE CROSS HATCH, (3) HANDICAP SIGNS AND POSTS,
(3) CEMENT4' WHEEL STOPS
4
1 ELECTRICAL CONSTRUCTION, C/O
4,725
(1) 50 AMP CIRCUIT RUN
(1) MAIN METER
E
6
1 SPRINKLER SYSTEM INCLUDING CONTROL TIMER
A A
260
7
8
1 WALL ORNAMENTATION (90)LF CURTAIN VALANCE
A A
40
9
10
1 LADDER, FIXED, ATTIC ACCESS, WOOD FOLDING
A A
245
11
12
1 INSTALLATION OF IT/POS/COMPUTER SYSTEMS
2,400
INCLUDING NETGEAR ROUTER SWITCH,
FIREWALL/VPN, AT&T MODEM, ARRIS NVG610,
WIRELESS ROUTER, CISCO, E-100 LINKSYS `
13
(3) PHONES, PANOSONIC KXT773-1 OR SIMILAR
14
15
1 SURVEILLANCE SYSTEM
VG A
6,255
16
(1) DVR RECORDER, 20 CHANNEL
17
(5) CAMERAS, EXTERIOR, 1 -11 -DEF COLOR "
18
(9) CAMERAS, INTERIOR, HI -DEF COLOR
19
(2) FLAT SCREEN MONITOR, ACER, 19" AND 17"
20
21
FLOWER ARRANGEMENT AREA
22
23
OFFICE
F A
1,360
24
(1B) LF COUNTER, WOOD/LAM, OPEN BASE
25
(15) LF WALL CABINETS, WOOD, PAINTED, 3.5'H
26
27
1 COOLER, (308)SF, 2 FAN COOLING COIL, (680)SF PVC
A A 2485
7,300
WALL COVER, INCLUDES ROOF TOP REFRIGERATION
COMPRESSOR, PLUMBING, AND ELECTRICAL, (WALL
STRUCTURE NOT INCLUDED -ROOM WAS CONVERTED
TO COOLER WITH EXISTING WALLS) INCLUDES (1)1OFT
WALL MOUNTED ALUM LADDER
28
29
1 FLOWER FEED SYSTEM 0/0
G A 2487-
8
30
(1) DOSAGE CONTROL INJECTER, DOSATRON,
1,520
31
(2OLF .5" COPPER PIPE
32
(50) LF 3/4" PVC PIPE
Hjelmstrom Associates
Page Al
75L-45
CITY OF SANTA ANA CONROYS FLOWER 2240 S. BRISTOL
C/O SOURI AMIRANI FAIR MARKET VALUE IN-PLACE
CIVIL SOURCE ENGINEERING DATE OF VALUE: OCTOBER 7, 2015
L
Q
C
4
1
T DESCRIPTION:
0
U v FMV IN
N
Y TENANT IMPROVEMENTS PERTAINING TO THE REALTY
N
A 0 PLACE
E
INCLUDES 30 TRAY PLASTIC PULL CUT TRAYS
❑
L
33
(3) VALVES, NOZZLES
40
1 SCULLERY SINK, 6', DBL BASIN SGF
34
41
35
1 LOT C/O SHELVING AND WORK BENCH (COULD BE
A/F
A 2489 4,765
Hjelmstrom Associates Page A2
75L-46
MOVEABLE IF NEW LOCATION ACCOMODATES)
3B
(66)LF WALL SHELVING, WOOD PAINTED
37
(75)LF COUNTERTOPS, SS, FORMED EDGES
38
(75)LF BASE SHELVING, WOOD, ADJ SHELVES
INCLUDES 30 TRAY PLASTIC PULL CUT TRAYS
39
40
1 SCULLERY SINK, 6', DBL BASIN SGF
A A 960
41
42
1 LOT C/O FLOOR COVER
F G 2499 11,400
43
(2247)SF OF FULL BRICK FLOOR COVER, INTERIOR OF
BUILDING
44
(600)SF OF FULL BRICK ENTRY COVER, EXTERIOR OF
BUILDING(PARTIAL REPLACEMENT BY TENANT)
45
46
1 FLOWER COOLER CIO
15,830
47
(266)SF XB,5'H COOLER AREA
A A
48
(2) GLASS SLIDER DOORS, WITH DEFROST, FULLVUE,
G G
7'X6.5'1-1
49
(2) GLASS SLIDER DOORS, WITH DEFROST, FULLVUE,
G G
8'X6.5'H
WALLS/DOOR FRAMING (USES PARTIAL BUILDING
EXTERIOR WALL)
50
51
1 LOT C/O LIGHT FIXTURES
A A 2,645
52
(3) 8' QUAD FLUOR LIGHT FIXTURE -COOLER
2500
53
(1) 4' QUAD FLUOR LIGHT FIXTURE -COOLER
54
(4) 8' QUAD FLUOR LIGHT FIXTUE-ARRANGEMENT
E5
(4) DBL BULB FLOOD LIGHT FIXTURE -SHOWROOM
2501
56
(1) 8' DBL FLUOR LIGHT FIXTURE -EXTERIOR
57
(5) 8' QUAD FLUOR LIGHT -EXTERIOR
58
(9) EXTERIOR SECURITY LIGHT
2516
59
(3) DBL BULB WASH ACCENT LIGHT FIXTURES
2509
60
_
61 1
LOT C/O MISC IMPROVEMENTS
A A 2506 2,620
62
(163)LF LATTICE, WOOD, PAINTED
63
(5) MIRROR, TOTAL OF 98SF-COOLER
64
(32)LF X 8'W TILE CERAMIC ON 4 TIER WOOD STEP
DISPLAY (COULD BE MOVEABLE IF NEW LOCATION
ACCOMO DATES)
65
(4) HALF DIAMETER, WINDOWS, 4' RADIUS FAUX
A G 2508
LEADED STAIN GLASS, INCLUDING SURROUND LATTICE
66
67 1
SIGNAGE, DECAL GRAPHICS
A A 18,030
68
(2) 4'X6' MTL CAB, SINGLE SIDE, PLASTIC FACE
2510
Hjelmstrom Associates Page A2
75L-46
CITY OF SANTA ANA
CONROYS FLOWER 2240 S. BRISTOL
C/O SOURI AMIRANI
FAIR MARKET VALUE IN-PLACE
CIVIL SOURCE ENGINEERING
DATE OF VALUE. OCTOBER 7,201B.
L Q
C
Q
I T DESCRIPI'ION:
O
U
`W FMV IN
N Y TENANT IMPROVEMENTS PERTAINING TO THE REALTY
N
A
PLACE
E
D
L
69 (1) 6X12' MTL CAB, SINGLE SIDE, PLASTIC FACE
70
71
72
73
74
(2) 10'X12', MTL CAB, SINGLE SIDE, PLASTIC FACE 2516
(1) WINDOW GRAPHICS
1 SECURITY GATES
(102)LF X T FOLDING, STL,
CANOPY)TRACK
WITH OVERHEAD (UNDER
75
76 TOTAL TENANT IMPROVEMENTS
Hjelmstrom Associates
75L-47
F A 2512
7,42.5
$ 90,695
Page A3
Epic Land Solutions, Inc®
2601 Airport Drive, Suite 130
Torrance, CA 90505
Phone: (310) 986-2960
Fax: (310) 891-3348
CITY OF SANTA ANA
TITLE VI INFORMATION PACKAGE
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 sball, on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of
or be subjected to discrimination under any program or activity receiving Federal financial assistance.
Other statutes provide protection against discrimination on the basis of sex, age or disability.
The enclosed Title VI Package is being provided for your information to further explain year 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 Sirrvey form be completed and returned in the self-
addressed stamped envelope.
If you 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. an 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 IVT -36
Santa Ana, CA 92702
CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD
www.EpicLandxorn
75L-48
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75L-50
TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Pago I of 2
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 shah, 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." (PROHI.BITS DISCRIMINATION IN IMPACTS, SERVICES, AND
BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID
R'ECIPIENT'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 ofprograms or projects undertaken by
a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS
DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS)
• The Federal -aid Highway Act, 49 U.S.C. 306
Outlines the responsibilities of the U.S, Department of Txansportation 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 Secretory to provide notice of the violation, and requires necessary action to ensure compliance.
• The 1973 Federal -aid highway Act, 23 U.S.C. 324, provides:
"No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal assistance under this Title or carred
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-DISCRLMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF
FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCII
PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT)
• The Uniform Relocation Act Amendments of 1987, P.L. 101.246, provides:
"For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of
displacement ... (to maintain)... the economic and social well-being of communities; and ... to establish a lead
agency and allow for State certification and implementation," (UPDATED THE 1970 ACT AND CLARIFIED
THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS W1410H CAUSE DISPLACEMENT)
75L-51
TITLE VI OF THE, 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page zof2
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 ENFORCEA13LF STANDARDS TO
ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES)
The Civil Rights Act of 1991, in part, amended S cetion 1981 of 42 U.S.C. by adding two new sections that
provided:
"(b) For the purposes of this section, the temr'make and enforce contracts' includes the making, performance,
modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of
the contractual relationship.
(c) The rights protected by this section are protected against impairment by non-governmental discrimination
and impairment under color of State law."
• Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 36CI, provides that:
"(1) It shall be unlawful.., to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate
for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of nate, color,
religion or national origin." (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING —
I -IUD is the primary interest agency, but FHWA and States under Title VI me 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 "ne-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. FHWA-HCR-06-006
75L-52
TITLE VI SURVEY
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act (P.L. 93-579) and due Information Practices Act of 1977 (Civil Code Sections
1798, or 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, color,
national origin, sex, disability, age or income status. Please check the items below which best describe you and
return this form in the enclosed envelope. The furnishing of this information is voluntary.
Head of household: Male _Female
Age; _ Under 40 41-65 Over 65
Race/Ethnicity: _ 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 any physical disability or medical condition? —Yes —No
Are you a low-income family?
Enclosure
—Yes _No
75L-53
TITLE VI DISCRIMINATION COMPLAINT
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act (P,L. 99-579) and the Informalien Pmdlcse Act of 1977 (Civil Code Seddon, 1798 , at seq.), noilm Is hereby given for the request of
cro
ponsl ln(orecatien by [his form. The requested personal lnformallonlavoluntary. The principal purpose of the volunfary Information is to hardiest the processing of this form.
The failure to provide all or any pad of the requested ]nfarmalien may delay processing of this form. No disebsure of personal Intreardbe v411 be used. unleas pmmlealble
under Anne fi, Scotian 1798,24 of the NA of 1977. Each individual has the right upon request and proper Identification, to Inspect all personal Information In any record
Inalnlainad on the Individual by an identifying patlicular. olrect enY Inauidas on InOnnalba neird.nence to Your IPA once.
Name
Dist CO
BASIS OR DISCRIMINATION
Rte Post
❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low-bacome ❑ Non-English Speaker
Provide dates) and place of alleged discrimination
Describe the nature of the action, decision, or conditions of the alleged discrlmination (Attach Extra page. If Necessary)
Name of individuals (il'Known) responsible for the action, decision or condition of alleged discrimination
Provide supporting information known to complainant in support ofhia/ her allegation
Identify possible witnesses whom the complainant believes can provide gusto linformation about this allegation
State the action requested by complainant
NOTE,: The usn of thc't'itle Vl Discrlminotleu Complaint form is not mandatory. You may submit your cmnpialnt in any form that contains your
signature
75L-54
D6-3300
75L-55
U.U. utPARTMENT VP LUMMEH6F
Econumim end Stn Ustlw Admin6Uation
U.B. GENSUE BUREAU
1, Arabic
2. Armenian
3. Bengali
4. Cambodian
5. Chamorro
6. Simplified
Chinese
ZTraditional
Chinese
8.Croatian
9. Czech
10. Dutch
11. English
12. Farsl
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Ms dit vakje Ban als u Nederlands knot lezen of spreken.
Mark this box if you read or speak English.
D6-3300
75L-55
U.U. utPARTMENT VP LUMMEH6F
Econumim end Stn Ustlw Admin6Uation
U.B. GENSUE BUREAU
1, Arabic
2. Armenian
3. Bengali
4. Cambodian
5. Chamorro
6. Simplified
Chinese
ZTraditional
Chinese
8.Croatian
9. Czech
10. Dutch
11. English
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Economics and 5ta11sOm AdminkYallon
75L-56 US. CENSUS BUREAU
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Eaonomloa and annkIlae AdminWratIon
U.S. CENSUS 6UaEAU
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De -3300
75L-57
ILJ, UCYNRI WI9141 W G V M.CA"
Eaonomloa and annkIlae AdminWratIon
U.S. CENSUS 6UaEAU
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
Form!1t.F1be!A&.1yse
Request for Taxpayer
Give Form to the
(Rev. D4J
Identification Number and Certification
Depedm
send totr„Itonot
send to the IRS.
Internal
Revenue Service
I Name (as shown on your income tax return). Name Is required an this line; do not leave this line blank.
oi
2 Business name/dlaregarded entity name, If different from above
m
a
3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
4 Exemptions (.odea apply only to
°
m
❑ lndlvidual/sole proprietor or ❑ C Cor oratlon
p ❑ 5 Corporation ❑ Partnership ❑ TruaVaatats
certain entities, not individuals; see
Safe, Instructions es page 3):
m e
e
y,
single -member LLC
❑Limited liability company. Enter the tax classification (C=C corporation, 5=S corporation, P.partnarshlp) ►
Exempt payee code (if any)
`o in
Nate. For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box In the line above far
Exemption from FATCA repaving
the tax classification of the single -member owner,
code (If any)
u: 5
❑Other (see Instructions)►
Wnre=ro a�mune mm,rcyeda„nrd•m=¢e)
!:
v
6 Address (number, street, and apt. or suite no.)
Requester's name and address (oplbrmll
m
a
m
6 City, state, and ZIP code
m
N
7 List account numbers) here (optional)
Identification Number
Enter your TIN In the appropriate box. The TIN provided must match the name given online Ito avoid
backup withholding. For individuals, this Is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part] Instructions on page 3. For other
entitles, it is your employer identification number (i If you do not have a number, see Now to get a
TIN an 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.
Under penalties of perjury, I certify that:
1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS han notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting Is correct.
Certification instructions. You must cross out item 2 above if you have boon notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 dam not apply. For mortgage
interest paid, acquisition or abandonment of secured properly, 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 cerliloation, but you must provide your correct TIN. See the
Instructions on page 3.
algn Signature of
Here u.S.person► Date►
General Instructions
Section references are loth. Internal Revenue Code unless olhonulas noted.
Future developments. Information about developments affecting Form W-9 (such
as legislation enacted after we release It) Is at www.1ncgcv//w9
Purpose of Form
An individual or entity (Form W-9 requester? who Is required to file an Information
return with the IRS must obtain your cahoot taxpayer Identification number (TIN)
which may be your social security number ISSN), individual taxpayer identlticatlon
number (]TIN), adoption taxpayer identification number (ATI N), or employer
ident]flcat]an number (EIN), to report on an Information return the amount paid to
you, or other amount reportable an an information return. Examples of Information
returns include, but are not limited to, the following:
• Form 1099 -INT (Interest earned or paid)
• Form 1099 -DIV (dividends, Including those from stocks or mutual funds)
• Form 1099-MISC (various types of Income, prizes, awards, or groan proceeds)
• Form 1000-B (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1 099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage Interest), '1098-E (student loan Interesl),109B-T
(tuition)
• Farm 1099-C (canceled debt)
• Form 'I099 -A (acquisition or abandonment of secured Property)
Use Form W -S only If you are a U.S. person (including a maiden alien), to
provide year correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be sub/cot
to backup withholding. See What is backup withholding? on page 2.
By signing the fllled-out form, you:
1. Certify that the TIN you are giving Is corract (or you are walling for a number
to be issued),
2. Certify that you am not subject to backup withholding, .r
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 allocabia share of
any partnership Income from a U.S. trade or busineae Is not subject to the
withholding tax on foreign partners' share of effectively connected Income, and
4. Certify that FATCA codes) entered on this form (if any) Indicating that you are
exempt from the FATCA reporting, is correct. See Wharfs FATCA reporting? on
papa 2 for further information.
Cat. No, 10201X
75L-58
Foan W-9 (Rev. 12-2014)
Farm W-9 (Rev. 12-2014)
Note. If you are a U.S. person and a requester gives you aform olhor than Form
W-9 to request your Tl N, you must use the requsstsr's form If It Is substantially
similar to this Farm W-9.
Definition of a U.S, parson. For federal tax purposes, you are considered a U u.
person if you are:
• Ari Individual who is a U.S. citizen or U.S. resident alien;
• A partnership, corporation, company, or association created or organized In the
United States or under the laws of the United Slates;
• An estate (other than a foreign estate); or
• A domestic trust (as defined In 19egulatlone section 301.7701-7).
Spooial rules for parin ershlps. Partnerships that conduct a trade or burin ass In
the United States are generally required to pay withholding tax under section
1446 on any foralgn partners' share of attentively scheme led taxable income from
such business. Further, in certain cases where a Form W -e has not been received,
the 81103 under section 1446 requite a partnership to presume that a partner is a
foreign person, and pay the section 1446 withholding tax. Therefore, If yen are a
U.S. person that is a partner In a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your U.S. status
and avoid section 1445 withholding on your share of partnership Income.
In the cases below, the following person must give Form W-9 to the partnership
for purposes of establishing Its US, status and avoiding withholding on its
allocahlc share of net Income from the partnership conducting a trade or bushass
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 cane of a grantor trust with a U.S. grantor or other U.S. owner, generally,
the U.S. grantor or other U.S, owner of the grantor trust and not the trust; and
- In the rase of a U.S. trust (other than a grantor trust), the U.S. trust (other than a
grantor trust) and not the beneflefaries of the trust.
Foreign person. If you are a foreign person or the U,S. branch of aforeign bank
that has elected to be treated as a U.S. person, do not use Form W -g, Instead, use
the appropriate Farm W -B or Form 3233 (see Publication 515, Withholding of Tax
on Nonresident Aliens- and Foreign Entitias)
Nonresident alien who becomes a resident alien, generally, only a nomasldenl
alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax an
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 lax to continua for certain types of Income even after the payee
has ofherwise become a U.S, rasldant area for tax purposes.
If you era a U.S. resident alien who Is retying on an exception contained in the
saving clause of atax treaty to claim an exemption from U.S. tax on cattalo types
of income, you must atenh a statement to Form W-0 that specifies the following
five items:
1. The treaty country. Generally, this must be the some treaty under which you
claimed exemption from tax as a nonracial alien.
2. The treaty article addressing the Income.
3. The article number (or location) in the tax treaty that contains the saving
clause and Its exceptions.
4. The type and amount of Income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty
article.
Example, Article 20 of the U.S.-China Income tax treaty allows an exemption
from lax for scholarship Income received by a Chinese student temporarily present
In the United States, Under Us, law, this student will become a resident alien for
tax purposes If his or her stay In the United States exceeds 5 calendar years.
However, paragraph 2 of the frost Protocol to the U.B.-china treaty (dated April 30,
1964) allows the provisions of Article 20 to continue to apply even alter the
Chinos student becomes a resident alien of the United States. A Chinese student
who qualifies for this exception (under paragraph 2 of the first protocol and Is
relying on this exception to claim an exemption from tax on his or her scholarship
or fellowship Income would allach to Form W-9 a statement that Includes the
Information described above to support that exemption.
If you are a nom'esident alien ora foreign entity, give the requester the
appmpdate, completed Form W -B or Farm 8233.
Backup Withholding
What is backup withholding? Parsons making certain payments to you must
under certain conditions withhold and pay to the IRS 28% of such payments. Thin
Is called"backup withholding." Payments that maybe subject to backup
withholding include Interest, tax-exempt Interest, dividends, broker and barter
exchange transactions, rents, royalties, nonemployee pay, payments made in
settlement of payment card and third party network transactions, and certain
payments from fishing boat operators. Real estate transactions are not subject to
backup withholding.
You will not be subject to backup withholding on payments you receive If you
give the requester your correct TIN, make the proper certifications, and report all
your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requeater,
2. You do not certify your TIN when required (see the Part II Instructions on page
3 for detalle),
3. The IRS tells the requester that you furnished an incorrect Tl N.
4. The IRS tells you that you aro subject to backup withholding because you did
not report all your Interest and dividends on your tax return (for reportable interest
and dividends only), or
5, You do not certify to the requester that you are not subject to backup
withholding under above (for reportable interest and dividend accounts opened
alter 1983 only).
Certain payees and payments are exempt from backup withholding. See Exempt
payee code on page 3 and the aepurate Instructions for the Requester of Form
W-9 for more information.
Alan see Special rules fofpartnerships above.
What is FATCA reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign
financial institution to report all United States account holders that are specified
United States persons. Certain payees aro exempt from FATCA reporting. Seo
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 provida 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 person. For example, you may need to
provide updated Information ifyou are a C corporation Thal elects to be an 5
corporation, or If you no longer are tax exempt. In addition, you must furnish a new
Form W-9 it the name or TIN changes for the account; for example, if the grantor
of a grantor trust dies.
Penalties
Failure to for TIN. If you fall to furnish your correct TIN to a requester, you are
subject to a penalty of $50 for each such failure unless your failure Is due to
reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a
false statement with no reasonable basis that results In no backup withholding,
you are subject to a $500 penalty.
Criminal penalty forialsifying information. Willfully falsifying cediflcatlons or
affirmations may subject you to criminal penalties including fines and/or
Imprisonment.
Misuse of TINS. If the requester discloses or uses TINS in violation of federal law,
the requester may be subject to cMl 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,
It this Form W -e Is for ajolnt account, list first, and then chole, the name of the
person or entity whose number you entered In Part I of Form W-9.
a. Individual. Generzlly, enter the name shown on your lax return. If you have
changed your last name without Informing the Social Security Administration (SSA)
of the name change, enter your first name, the last name as shown on your social
security card, and your new last name.
Note. ITIN eppitcant: Enter your individual name as It was entered on your Fenn
W-7 appllcallon, line ta. This should also be the same as the name you entered on
the Form 1 D40/1040A/1040EZ you filed with your application.
U, Sala proprietor or single member I.I.C. Enter your individual name as
shown on your 1040/1040AII 040EZ on line 1. You may anter your business, trade,
or"doing business as" (DBA) name on line 2.
c, Partnership, LLC that is n of a single -member LLC, C Corporation, ora
corporation. Enter the entity's name as shown an the entity's tax return on line 1
and any business, trade, or USA 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 mama shown on the charter or
other legal document creating the entity. You may enter any business, trade, or
DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is
disregarded as an entity separate from Its owner is treated as a "disregarded
entity." See Regulations section 301.7701-2(c)(2)(M). Enter the owner's name on
line 1. The name of the entity entered on line 1 should never be a disregarded
entity, The name on line 1 should be the name shown on the Income tax return on
which the Income should be reported. For example, if aforeign LLG that Is treated
as a disregarded entity for U.S, federal tax purposes has a single owner that Is a
U.S. person, the U.S. owner's name Is required to be provided on Ilse 1. If the
direct owner of the entity is also a dlsrogarded entity, enter the first ownerthat Is
not disregarded forfederal tax purposes. Enter the disregarded entity's name on
line 2, "Business name/disregarded entity name." If the owner of the disregarded
entity is a foreign person, the owner must complete an appropriate Form W-8
Instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.
75L-59
For W-9 (Rev. 12-2014)
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name,
you may enter It on line 2.
Line 3
Check the appropriate box in line 3 for the U,S. federal tax classification of the
person whose name Is entered on line 1. Check only one box in line S.
Limited Liability Company (LLC). I1 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 Ned Form 8832 or 2553 to
be taxed as a corporation, check the "Limited Liability Company" box and In the
space provided enter "C" for C corporation or "S" fors corporation. 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 proprietor or
single-membar LIC."
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the
appropriate space In line 4 any code(s) that may apply to you.
Exempt payee coda.
Generally. Individuals (Including sole proprietors) are not exempt from backup
withholding.
4 Except as provided below, corporations are exempt from backup withholding
for certain payments, Including Interest and dividends.
. Corporations are not exempt from backup withholding for payments made In
settlement of payment card or third party network transactions.
Pace 3
'However, the following payments made to a corporation and reportable on Form
MD-MISC are not exempt from backup withholding; medical and healthcare
payments, attorneys' fees, gross proceeds paid to an attorney reportable under'
section 6046(f), and payments for servlcas paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees
that are exempt from reporting under FATCA. These codes apply to persons
submitting this form for accounts maintained outside of the United States by
certain foreign financial Institutions. Therefore, If you are only submitting this farm
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 premium if the financial
Institution Is subject to these requirements. A requester may indicate that a code is
not required by providing you with a Form W-9 with "Not Applicable" (or any
similar indication) written or printed on the line for a FATCA exemption code.
A—An organization exempt from tax under section 501(a) or any Indl i
retirement plan as defined In section 7701(a)(37)
S—Tire United States or any of its agencies or Instrumentalities
C—A stale, the District of Columbia, a U,S. commonwealth or possession, or
any of their political subdivisions or Instrumentalities
D—A corporation the stock of which Is regularly traded on one or more
established securities markets, as described In Regulations section
11472-1(c)(1)(I)
E—A corporation that Is a member of the same expanded affillated group as a
corporation described in Regulation. section 1.1472,1(c)(1)(1)
F—A dealer In securities, commodities, or derivative 1lnanci.l Instruments
(Including notional principal contracts, futures, forwards, and options) that Is
registered as such under the laws of the United States or any state
e investment trust
Investment company as defined In section 051 or an entity
mes during the tat year underthe Investment Company Act of
• Corporations are not exempt from backup withholding with respect to attorneys' Q—A real estat
fees or grass proceeds paid to attorneys, and corporations that provide medical or Hlale
health care services are not exempt with re—Aregud
ritegistered spect to payments reportable on Form —Ane all
1099-MISC. 140
The following codes Identity 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) if the account sallsfioe The requirements
of section 401 (6(2)
2—The United States or any of Its agencies or Instrumentalities
3—A state, the DhArim of Coklmbla, a U.S. commonwealth or possessloa, or
any of their political subdivisions or Instrumentalities
4—A foreign government or any of its political subdivisions, agencies, or
Instrumantalltton
5—A corporation
6—A dealer In securities orwmmodltles required to registerin the United
Stales, the District of Columbia, or a U.S, commonwealth or possession
7--A futures commission merchant registered with the Commodity Futures
Trading Commission
S—A real estate Investment trust
9—An entity registered at all times during the tax year under the Investment
Company Act of 1640
10—A common trust fund operated by bank under section 584(a)
'Ii —A financial hatit"fl ri
12—A middleman known In the investment community as a nominee or
custodian
13—A trust exempt from tax under section 664 or described in section 4847
The following chat shows types of payments that may be exempt from backup
withholding- The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for...
THEN the payment is exempt far...
Interest and dividend payments
All exempt payees except
for?
Broker transactions
Exempt payees 1 through 4 and e
through 11 and all C corporations. S
corporations must not enter an exempt
payee code because they are exempt
only for sales of noncovered securities
acquired prior to 2012.
Barter exchange transactions and
Exempt payees t through 4
patronage dividends
Payments river $600 required to be
Generally, exempt payees
reported and direct sales over$6,000t
1 through 5'
Payments made In settlement of
Exempt payees i through 4
payment card orthil'd party network
fiewsactlWS
I Sao Form 1800-MISO, Miscollaneous Income, and its instructions.
I—A common trust fund as defined In section 584(a)
J—A bank as defined In section 581
K—A broker
L—A trust exempt from tax under aection 664 or described in section 4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g) plan
Note. You may wish to consult with the financial institution requesting this form to
determine whether the FATCA code and/or exempt payee code should be
completed.
Line 5
Enter your address (number, atreei, and apartment or suite number). This Is where
the requester at this Form W-9 will mall your Information returns.
Line 6
Enter your city, state, and ZIP code,
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not
have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer
identification number (ITIN). Enter it in the social security number box. If you do not
have an TIN, see How to gets TIN below.
If you are a sole proprietor and you have an FIN, you may enter either your SSN
or EIN. However, the IRS prefers that you use your SSN.
Tryon are a single -member LLC that Is disregarded as an entity separate from its
owner (see Limited Llabiltty Company (LLC) on this page), enter the owner's SSN
(or EIN, If the owner has one). Do not enter the disregarded entity's FIN, if the LLC
Is classifisd as a corporation or partnership, enter the entity's EN.
Note. See the chart on page 4 for further clariflcatlen 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 Farm 55-6, Application for a Social Security Card, from your local
SSA offfco or get this form online at wwwasegov. You may also get this to" by
tailing 1 -Boa -7721213. Use Form W-7, Application for IRS Individual Taxpayer
Identification Number, to apply for an ITIN, or Form SSA, Application for Employer
Identifleatlon Number, to apply for an EIN. You can apply for an FIN online by
accessing the IRS website at www.hp.gov/bmbhesaoa and clicking on Cmployer
Identification Number (Elf undo)Starting a Business. You car, gat Forms W-7 and
SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM
(1-000-829-3676),
If you are asked to complete Form W-9 but do not have a TIN, apply for aTIN
and write "Applied For" In the space for the TIN, sign and data the form, and give it
to the requester. For Interest and dividend payments, and certain payments made
with respect to readily tradable Instruments, generally you will have 60 days to get
aTIN and give it to the requester haforo you aro subject to backup withholding on
payments. The 60 -day ITi 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,
Note. Entering "Applied For" means that you have already applied far aTIN or that
you intend to apply for ane soon.
Caution: A disregarded U,S, artily that has a foreign owner must use file
appropdato Form W -g.
75L-60
Form W-9 (flew.
Part II. Certification
To establish to the withholding agent that you are a U.S. parson, or resident ellen,
sign Form W-9. You may be requested to sign by the withholding agent even If
Items 1, 4, or 5 below Indicate otherwise.
Fora joint account, only the person whose TIN Is shown In Pad I should sign
(when required). In the case of a disregarded entity, the person identified on line 1
must sign. Exempt payees, see Exempt pays, code earlier.
Signature recall ements. Complete the certification as Indicated In items 1
Gar huge 5 below.
1, Interest, dividend, and barter exchange accounts opened before 1084
and broker accounts considered active during 1083. You must give your
correct TIN, but you do hot have to sign the certification.
2. Interest, diagram it, broker, and barter exchange accounts ape nod after
1903 and broker accounts considered Inactive during 1883. You must sign the
.edification or backup withholding will apply. If you are subject to backup
Withholding and you are merely providing your correct TIN to the roqusses, you
must cross out item 2 in the can ficallen before signing the fens.
3. Real estate transactions, You must sign the certification. You may crass out
item 2 of the mini fication.
4, other payments. You must give your correct TIN, but you do not have to sign
the c milfloollon unless you have been notified that you have previously given an
Incorrect TIN. "Other payments' Include payments made In the course of the
requester's trade or business for rents, royalties, goods (other than bills for
merchandise), medical and health care services (Including payments to
corporations), payments to a nonemployee for services, payments made In
settlement of payment card and third party network transactions, payments to
certain fishing boat crew members and fishermen, and gross proceeds paid to
attorneys (finciudfng paymems to corporations).
A. Mortgage interest paid by you, acquisition or abandonment of secured
property, cancellation of debt, qualified tuition program payments (under
section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you
do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account;
'
Give name and SSN of:
1. Individual
Th. Individual
2. Two or mora Individuals Coln
The actual owner of the account or,
account)
It combined funds, the first
Individual an the account'
3. Custodian account of a minor
The minor'
(Uniform Gift to Minors Act)
4, a. The usual revocable savings
The granter -trustee'
treat (grantor Is Was trustee)
On. So-called trust account that is
The actual owner
net a legal or valid Most under
state law
5. Sole proprlelorehlp or disregarded
The aware
entity owned by an individual
5. Granter trust filing under Optional
The orshor'
Foran 1080 Filing Method 1 (see
Regulations section 1.671-4(b)(2)O
(A))
For this type of awounC
Give name and EIN of:
7. Disregarded entity not owned by an
The owner
Individual
B. Avalid trust, estate, of pension trust
Legal entity'
8. Corporation or LLG electing
Tha carpormlon
corporate status on Form 8832 or
Form 2553
10. Association, club, adulous.
The organization
charitable, educatlanal, orothertax-
exempt organtertlon
11. Partnership or multi -member LLC
The partnership
12. A broker or registered narninee
The broker or nominee
13. Account with the Department of
The public entity
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that recelve , agricultural
program payments
14. Grantor trust filing under the Form
The trust
1041 Filing Method or the Optlonal
Farm 1000 Filing Method 2 (see
Regulations section 1.67'1-4(b)(2)@
IS))
List first and circle the name of the person whew number you Nrnbh. If only one person on a
joint account has an SSN, that aware number must bz Nehhhed,
° chain the minor's name and furnish the minor'. SSN.
Page 4
You must show your Indbidual name and you may also enter your business or DBA name on
the"9usln,cs namelearegarded entity" name 11110. YOU may use either your SSN or HIS Of you
have ono), huh the IRS encourages you to use your SSN.
° Llst Nat and clecle the name of tho trust, estate, or season trust. (Do Itat (urniare the TIN of the
personal repreconlatSe or hushes unless the legal entity Itself fe not designated inthe account
hila.) Alan sac Spacial to. I.,rnamon bi oa page 2.
"Note. Grantor also .,,at P,.aide a Form W -a to Wstre of trust.
Net.. Van name Is circled when morethan one name is listed, the number will be
considered to be that of the flesh name listed.
Secure Your Tax Records from identity Theft
Identity theft acctim when someone uses your personal Information such as your
name, SSN, or other Identifying Information, without your permission, to commit
fraud or other crimes. An identity thief may use your SSN to got Sieh or may file a
tax return using your SSN to receive a refund.
To reduce your rlsic
• Protect your SSN,
• Ensure your employer Is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax I'cracks are affected by Identity theft and you receive a notice from
the IRS, respond right away to the name and phone number printed on the IRS
notice or letter.
If your tax records are not currently affected by identity theft but you think you
ore at risk due to a lost ar stolen purse or wallet, questiar ie credit cam activity
or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4480 or submit
Farm 14039.
For more Information, see Publication 4535, Identity Theft Prevention and Victim
Assistance.
victims of Identity theftwho are experiencing economic harm are system
problem, or are seeking help in reaoiving tax problems that have not been resolved
through normal channels, may be eligible for Taxpayer Advocate Service (TAS)
...Islands. You can reach TAS by calling the TAS toll-free owe Intake line at
1-877-777-4778 or TTY(TDD 1-800-829-4059.
Protect yoursalffrom suspicious email, at phishing schemes. Phishing is the
creation and use of Small and websites designed to mimic legilimata business
.mails and websites. The most common act Is sending an email to a user falsely
claiming to be an established legitimate enterprise In an attempt to scam the user
Into surrendering private Information that will be used for Identity theft.
Th. IRS does not Initiate contacts with taxpayers via smalls. Also, the IRS does
not request personal detailed Information through email or ask taxpayers for the
PIN numb ars, passwords, or similar secret access Information for their credit card,
bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this
message to phishingaurs,gov. You may also report misuse of the IRS name, logo,
or other IRS property to the Treasury Inspector General for Tat Administration
(TIGTA) at 1-800-388-4484. You can forward suspicious emails to the Federal
Trade Commission at: spam®uca.gov or contact them at www.fte.gota idthelt or
'1-877-I0THEFT (1-877-438-4338).
Visit IRS.gov to learn more about Identity theft and how to reduce your risk.
Privacy Act Notice
Section 6100 of the Internal Revenue Coda requires you to provide your carrect
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 RSA. The parson collecting this form uses the Information on the fore to
file Information returns with the IRS, reporting the above Informatlon. Routine uses
of this Information include giving It to the Department of Justice for civil and
criminal litigation and to titles, states, the District of Columbia, and U.S.
commonwealths and possessions for use in administering their laws. The
Information also may be declared to other countries under treaty, to fe ke ft and
state agencies to enforce civil and criminal laws, or to federal law enforcement and
Intelligence agencies to combat terrorism. You must provide your TIN whether or
not you are required to file a tax return, Under Sharon 3406, payers must generally
withhold a percentage of taxable interest, dividend, and certain other recommits to
a payee who does not give aTIN to the payer. Certain penalties may also apply for
providing false or fraudulent Information.
75L-61
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 2240 S. BRISTOL STREET (APN
408-471-06) 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
75L-62
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 2240 S. Bristol Street (APN 408-471-06), 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
75L-63
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: L 19/, fA, 1-
J M. Funk
Assistant City Attorney
Miguel A. Pulido
Mayor
75L-64
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
75L-65
f EXHIBIT A
LEGAL DESCRIPTION
Real property In the City of Santa Ana, County of Orange, State of Callfoinla, described as
fellows:
THAT PORTION OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST IN THE LAND
ALLOTTED TO F.W. KOLL IN DECREE OF PARTITION OF THE RANCHO SANTIAGO OE SANTA
ANA, RECORDED IN BOOK B OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF
CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON A LINE PARALLEL WITH AND NORTHERLY 52.00 FEET FROM THE
SOUTH LINE OF SAID SECTION 23, AS SHOWN ON A MAP TRACT NO. 2207, RECORDED IN
BOOK.62 PAGES 23 AND 24, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SOUTH 89° 48' 45" WEST 192.00 FEET THEREON FROM THE
EAST LINE OF SAID SECTION AS SHOWN ON SAID MAP; THENCE NORTH 00 10' 45" EAST
150.00 FEET PARALLEL WITH SAID EAST LINE; THENCE NORTH 89° 48' 45" EAST 150.00 FEEL'
PARALLEL WITH SAID SOUTH LINE TO A LINE PARALLEL WITH AND WESTERLY 42.00 FEET
FROM SAID EAST LINE; THENCE SOUTH 0° 10' 45" WEST 125.16 FEET ALONG SAID LAST
MENTIONED PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY 39.11
FELT ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 38'00" TO THE POINT OF
TANGENCY WITH SAID FIRST MENTIONED PARALLEL LINE; THENCE SOUTH 89° 48'45" WEST
125.16 FEET TO THE POINTOF BEGINNING.
EXCEPT THEREFROM THE INTEREST RESERVED TO THE CITY OF SANTA ANA OF THE
ADJOINING STREETS BY GRANT DEED RECORDED JUNE 13, 1980 AS INSTRUMENT NO, 13622
IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS,
ALSO EXCEPT THEREFROM ALL OIL, GAS, WATER AND MINERAL RIGHTS WITHOUT, HOWEVER,
THE RIGHT TO USE THE SURFACE OF SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF
500 FEET BELOW THE SURFACE THEREOF FOR THE EXTRACTION OF SUCH OIl., GAS, WATER
OR MINERALS, AS RESERVED TO THE CITY OF LOS ANGELES BY GRANT DEED RECORDED JUNE
1.3, 1980 AS INSTRUMENT NO. 13622 IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS.
APN: 408-471-06
75L-66
6120117
Resolution No. 2017 -XXX
Page 5 of 6
33
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Resolution No, 2017 -XXX
Page 6 of 6
7
—IVAHNER
4 y4Vf'NUF i/t
c
Ino 22 41x.19
75L-67
75L-68
wo IDA lOwgi
75L-69
06/15/2017 THU 10118 FAX
Clerk of the Council
City of Santa Ana, City Hall
20 Civic Center Plaza, M-30
Santa Ana, CA 92702
Facsimile: 714-647-6956
0001/001
PETERSON LAW GROUP 2g17 jljN 15
PROFESSIONAL CORPORATION
SUITE
19800MACARTHURUR13OULEVARD CITY OF SAWA ANA
ACLERK OJ„ C,C1li C,#�
IRVINE, CALIFORNIA 92612
TELEPHONE (949) 955-0127
FACSIMILE (949) 955-9007
June 15, 2017
Via Personal Delivenf and Facsimile
Re: Hearing on Resolution of Necessity — Vicale LLC and Alda South, LLC
Bristol Street Widening Project
APN 408-471-06
2240 S. Bristol Street, Santa Ana, CA ("Subject Property")
Dear Members of the City Council:
This office represents Vicale LLC and Alda South, LLC, owners of the Subject
Property. 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.
Vicale LLC and Alda South, LLC do not challenge the Resolution of Necessity for the
Subject Property. 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 Property that complies with the fair market value
standard.
CDP; d
Very truly y Y-
Christopher
l D. Peterson
75L-70