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Item 31 - Real Property Acquisition for Warner Avenue Street Improvements
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01/17/2023 Regular & Special SA
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Item 31 - Real Property Acquisition for Warner Avenue Street Improvements
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
31
Date
1/17/2023
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2245 S. Halladay Street, Santa Ana, CA 92707 <br />November 15, 2022 <br />The basis for this offer is explained more thoroughly in the attachments to this letter that are <br />made a part of this offer by reference. This offer is conditional upon the City Council ratifying <br />this offer by a formal action taken at a regular public meeting authorizing the execution of a <br />Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. <br />If you are not satisfied with the City's offer, you are encouraged to present to us any material <br />you believe to be relevant to the value of the Property, which material will be carefully <br />considered by the City. If, in the City's opinion, the additional information warrants a change in <br />the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be <br />reached, the City may consider formal condemnation proceedings against the Property through <br />its power of eminent domain or abandon its intention to acquire the Property, giving proper <br />notice to you in either event. The City has made no decision to exercise its power of eminent <br />domain to acquire the Property and can only do so after it holds a hearing, at which all affected <br />Property owners have had an opportunity to appear and be heard. <br />The Purchase Price is the full amount established by the appraisal as the fair market value of <br />the Property and the just compensation for such acquisition. A written statement and a <br />summary of the basis for the amount established as the Purchase Price is set forth in the <br />attached Statement of Just Compensation, identified as Attachment 3. <br />The California Relocation Assistance and Real Property Acquisition Guidelines provides that <br />each Owner from whom the City purchases real property or an interest therein, or each tenant <br />owning improvements on said Property, be provided with information relating to the acquisition <br />procedures, as also stated in the CA Government Code, Paragraph 7267.2(a). This information <br />is provided in Attachment 4. <br />Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa <br />Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an <br />independent appraisal of property subject to a potential acquisition. Although you have the right <br />to obtain your own appraisal and are entitled to receive up to $5,000 for your appraisal as <br />described above, please note that the City of Santa Ana is not obligated to accept your <br />appraiser's value of the Property Interest. The City of Santa Ana, however, will review your <br />appraisal and if appropriate, confer with the City's independent appraiser regarding the merits of <br />your appraisal. If you wish to take advantage of this reimbursement, please forward to the <br />undersigned a copy of the paid invoice from an appraiser. In order to qualify for this <br />reimbursement, the appraiser selected must be identified and must be a California Certified <br />General Real Estate Appraiser in good standing. In addition, the copy of the paid invoice must <br />be submitted to the undersigned no later than ninety (90) days following the date of this letter. <br />The City reserves the right to contact the appraiser to verify that payment has been made and in <br />what amount, prior to approving any request for reimbursement. <br />Please let us know prior to December 20, 2022 if the City's offer is acceptable. A written <br />agreement concerning the acquisition of the Property will be provided to you for your review and <br />approval. <br />
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