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HomeMy WebLinkAbout75E - PH - RESO NECESSITY 1023 N 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 1023 NORTH BRISTOL STREET (PROJECT NO. 136792) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 61 1G; 3 2C) CITY MANAGER RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" 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 1023 North Bristol Street (APN 405-262-33) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a north -south transportation corridor, 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 3A, bounded by Civic Center Drive and Washington Avenue. 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 3A, acquisition of the parcel at 1023 North 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 14 months. A good faith offer was made on February 3, 2017, in the amount of $742,090 (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. 75E-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 1023 N. 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 3A, which lies between Civic Center Drive and Washington Avenue, 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 $742,090 are appropriated in the Bristol Street Improvements Project (No. 136792), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. Noc Freb Mou avipour 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 75E-2 MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET X*09,bbl 405-262-23 405-262-22 1 -- LU W (W a L`L £ /rq u y, 2 J R U) m 0 z -iJBJECT PBOPER'NES -AGOUIRED PRICPERTIES SANTA APIA CITY COUNCIL AGENDA DATE June 20, 2017 PUBLIC WORKS AGENCY CIVIC CENTER DR. ---i L -E WASHINGTON AVENUE 40 24-12 11402qTm N *:1:11=311ri 12TH STREET -10 -09 405-262-22 MATCHLINE SEE TOP LEFT RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACOUISITION OF REAL 'ERTY AT 1023 NORTH BRISTOL STREET JECT NO. 13-6792 NONGENERAL FUND) (Strategic Plan Na. 6, 1G and 3, 20 75E-3 PAGE 1 OF 1 City ®f Santa Ana REVISED RECEIPT OF OFFER PACKAGE Bristol Street Improvement Project - Civic Center Drive to Washington Avenue Parcel File No. 405-262-33 Owner(s) of Record: Additional Owner (s) of Record Property Address: Robert E. Marlin and Jacoba E. Marlin, Trustees of the Robert E. Marlin and Jacoba E. Marlin 1981 Family Trust dated April 14, 1981, fifty percent (50%) interest; and James S. Cohen and Celia C. Cohen, and successors, as Trustees of the Cohen Family Trust, dated May 24, 2005, fifty -percent (50%) interest N/A 1023 North Bristol Street Santa Ana, CA 92703 This is to acknowledge receipt of the offer package containing the following items: • Preliminary Report Issued by Title Company (Attachment 1) • Property Legal Description (Attachment 2) • Statement of Just Compensation (Attachment 3) • Improvements Pertaining to the Realty (IPR) List (Attachment 4) • Summary Explanation Statement (Attachment 5) • City of Santa Ana Handbook on Acquisition (Attachment 6) • Your Rights Under Title VI (Attachment 7) • W-9 Form (Attachment 8) Robert E. Marlin Date Jacoba E. Marlin Date 71-,yE"-"f42 James S. Cohen Date Celia C. Cohen Date MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villages February 8, 2017 CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 714-647-6900 www Santa-ana.ora Robert E. Marlin, Jacoba E. Marlin, James S. Cohen and Celia C. Cohen, 260 Avenida Vista and San Clemente, CA 92672 SUBJECT: OFFER TO ACQUIRE PROPERTY AT: 1023 North Bristol Street, Santa Ana, CA 92703 APN: 405-262-33 ACTING CITY MANAGER Gerardo Mouet CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Via certified mail 1023 N. Bristol Street Santa Ana, CA 92703 Dear Robert E. Marlin, Jacoba E. Marlin, James S. Cohen, and Celia C. Cohen: The City of Santa Ana ("City") is proceeding with its plans to construct Phase IIIA of the Bristol Street Improvement Project between Civic Center Drive and Washington Avenue. The City obtained a preliminary title report that lists Robert E. Marlin and Jacoba E. Marlin, Trustees of the Robert E. Marlin and Jacoba E. Marlin 1981 Family Trust dated April 14, 1981, fifty percent (50%) interest; and James S. Cohen and Celia C. Cohen, and successors, as Trustees of the Cohen Family Trust, dated May 24, 2005, fifty -percent (50%) interest, as the vested owner, Attachment 1. The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property". No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. SANTA ANA CITY COUNCIL Miguel A. Pulldo Michele Martinez Vicente Sarmiento Jose Solorio P. David Benevides Juan Villegas Sal Thai Mayor Mayor Pro Tem, Ward 2 Ward Ward Ward Ward Ward moullco(a),santa-grarnlmarfnez(alsantaanaora vsarnientorelsanfa-ana are Isolokiaa.ntaanaoro dbenavd.edyanta-ana.oro IvillaaasOsantaana.oro stinaierofasanta-anacro 75E-5 1023 N. Bristol St. February 8, 2017 As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers you $695,250 for the real estate and $46,840 for Improvements Pertaining to Realty (IPR) for a total compensation of $742,090. The basis for this offer is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. 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 and Improvements Pertaining to the Realty list, identified as Attachment 4. The California Relocation Assistance and Real Property Acquisition Guidelines provide 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. Per our records you have requested the $5,000 amount for preparation of the appraisal report for your property. Please let us know prior to March 9, 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. SANTA ANA CITY COUNCIL Mlgugl A. Pulldo Mighele Martinez V,d.na, Sarmisnto Jose Solono P. David Benavldes Juan Villages Sal Tlnafero Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 moulidoOsanla-ana.org mimartinezidsenta-ana.org vsarmientopsanta-ana.org Lglgigoesanta-mi dbenavid.a,s.rla-ana.org 'villegasMsanla-ana.org stinaiar.Asanta-dm...ro 75E-6 1023 N. Bristol St. February 8, 2017 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call the City's acquisition consultant, Hernando Avilez, from Overland, Pacific & Cutler, Inc. at (949) 951-5263. Sincerely, Jason Gabriel Principal Civil Engineer Cc: Janelle M. Dease, Esq, - Borchard & Callahan, APC SANTA ANA CITY COUNCIL Miguel A. Pulido Monde Martinez Vicente Sarmiento Jose Solorio P. David Benavides Juan Villages Sal Tiri levo Mayor Mayor Pro Tam, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 I'tl Col t- mlmartlnezfolsanla-angora vs arm'ent.A..nta-ana ora 'solorgA.enta-angora dbenavderAsanta-ana.ora Iv'lleoasfmsanta-ana.ora sCna'... Osanla-angora 75E-7 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: All that certain real property situation in the County of Orange, State of California, described as follows: LOT 1 OF TRACT NO. 839, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 25, PAGE 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 405-262-33 75E-8 ATTACHMENT STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Robert E. Marlin and Jacoba E. Marlin, Trustees of the Robert E. Marlin and Jacoba E. Marlin 1981 Family Trust dated April 14, 1981, fifty percent (50%) interest; and James S. Cohen and Celia C. Cohen, and successors, as Trustees of the Cohen Family Trust, dated May 24, 2005, fifty -percent (50%) 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 summary is based was made in accordance with accepted appraisal principles, consistent with California Valuation Law. A statement and summary described the basis for the appraisal from which the client established compensation. There follows the Statement of Value and Summary of the Basis for Appraisal and the Amount Established as Just Compensation ("Summary"): BASIS OF VALUATION The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project for which the property is to be acquired. 75E-9 ATTACHMENT 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: Robert E. Marlin and Jacoba E. Marlin, Trustees of the Robert E. Marlin and Jacoba E. Marlin 1981 Family Trust dated April 14, 1981, fifty percent (50%) interest; and James S. Cohen and Celia C. Cohen, and successors, as Trustees of the Cohen Family Trust, dated May 24, 2005, fifty -percent (50%) interest Location: 1023 North Bristol Street, Santa Ana, California 92703 Assessor's Parcel No.: 405-262-33 Date of Value: January 24, 2017 Property Rights Appraised: Fee simple Site Area: Approximately 7,263 square feet, or 0.17 acre, according to public records. Zoning: According to the City, the larger parcel is zoned O (Park), within the Bristol Street Corridor Specific Plan designated by the City of Santa Ana. The purpose of the O District is to provide for permanent open spaces in the city. Present Use: Commercial Highest and Best Use Retail development (As Vacant): Highest and Best Use Continuing the existing use (As Improved): Improvements: According to information obtained from public records and verified by physical measurements of the building, the building has a gross building area of ±1,545 square feet. It was originally constructed in 1950. Description of Acquisition: A full acquisition is proposed 75E-10 ATTACHMENT 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 office buildings that sold throughout Orange County since January 2015, built before 1990 and 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 $385,000 to $1,175,000, which is approximately $302 to $472 per square foot of building area, or approximately $52 to $161 per square foot of land area. Office buildings of this size are primarily purchased for owner -occupancy whereby the fee simple interest is conveyed. The primary approach used in this market by owner - users is the sales comparison approach. As such, 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 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. As a check to the reasonableness of the conclusion price per square foot of land area is also reviewed. Adjustments are considered for transactional differences as well as for physical differences between the subject property and comparables. Included on the following page is a Comparable Improved Sales Summary. 75E-11 ATTACHMENT Conclusion After adjustments for market conditions, the comparables establish a fair market value range for the subject property between $312 and $484 per square foot as shown in the following table. Comparable Nos. 1, 2 and 3 are rated inferior, while Comparable Nos. 4 and 5 are rated superior. Based on the subject property's size, location and condition, a value above $351 per square foot but below $466 per square foot is indicated for the subject property. 75E-12 COMPARABLE IMPROVED SALES SUMMARY Location COE Data Bldg Sze SP Year Built Sales Rice APN Doc No. Land Area SF Ste Gov. Rice PS (Bldg Comments Price PSF/Land SUB,ECT PROPERTY 1023 N. Bristol Street NIApp 1,545 1950 N/App The subject property is utilized man Santa Ana, Cl92703 N/App 7,263 21% N/App optometrlWe offce. Located mid -block on Bristol B., with goad visbility. ADT= approx. 405-26283 35,000 Comparable No. 1 310 S Main Bradt 7/14/2016 2,120 1917 $640,000 Single -tenant commercial building used sea Santa Ana, CA 92701 321338 6,025 35% $301.89 bakery for the last 60 yours The broker reportsa 398-288-08 $106.22 new roof, awning, exterior paint and air Grantor: Barbara Lynne Orr and George Robert Vebeck, stat. conditioning unit. Grantee: 3641 Le Sage Real Estate Partners LLC Comparable No. 2 1517 E4th Street 7/23/2015 1,200 1924 $385,000 lav✓ office building located near the Federal Santa Ana, C492701 382743 7,405 16% $320.83 Court Building. AverageaccessWidbility on 398892-19 $51.99 secondarystrest. The broker reportsthat the Grantor: Atzeff Koche property !sin average minuscondition, and in need of updating. Grantee: Kumar4 LLC Comparable No. 3 1502 N Main Street ACTIVE 1,767 1919 $586,123 Cyder SFRoonverte7 for office usa.Good Santa Ana, CA92701 NhA 7,733 23% $331.71 acceslvisbility on an arterial Brest. Prior sale in 005-153-12 $75.80 May 2013 for $449,000, or $254/9=. Grantor. Luk Family Trust Grantee: WA Comparable No. 4 924 E. Chapman Avenue 9/29/2016 2,224 1921 $1,050,000 Converted SFR used for an office . Good Orange, CA 92866 47422 6,534 34% $472.12 access(Asbllity on an arterial street. 390451-02 $160.70 Grantor: Coast Soccer League, Inc. Grantee: D.23 LLC Comparable No. 5 7891 Westminster Boulevard 9/13/2016 2,586 1956 $1,175,000 SFRconverted for offceuse Average Westminster, CA 92683 435061 13,876 19% $454.37 amessivisbility on an arterial street. 096825-03 and -24 $84.68 Grantor: Rchard Long The Nguyen Grantee: LDHT Family Ro artles Conclusion After adjustments for market conditions, the comparables establish a fair market value range for the subject property between $312 and $484 per square foot as shown in the following table. Comparable Nos. 1, 2 and 3 are rated inferior, while Comparable Nos. 4 and 5 are rated superior. Based on the subject property's size, location and condition, a value above $351 per square foot but below $466 per square foot is indicated for the subject property. 75E-12 ATTACHMENT 75E-13 Indicated Values Comparable Overall Indicated $/SF No. Comparability 4 Superior $484 5 Superior $466 Subject $450 2 Inferior $351 3 Inferior $315 1 Inferior $312 A fair market value of $450 per square foot is concluded. Based on the preceding investigation and analysis, the fair market value of the subject property, as of January 24, 2017, is calculated as follows: INDICATED VALUE - SALES COMPARISON APPROACH 1,545 SF X $450 PSF = $695,250 ROUNDED $695,250 75E-13 ►_I aWATya,•111:1011IV, INCOME APPROACH The subject property is an owner -occupied, commercial building utilized as an optometrist's office. 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 656 to 3,279 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, modified gross, and full service gross basis. For valuation purposes, a triple -net basis 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, miscellaneous 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 $1.80 per square foot per month, triple - net, for the subject property is reasonable for the analysis and is used in the direct capitalization analysis. table: The estimated market income for the subject property is calculated in the following CONCLUDED MARKET RENT Building Market Rent/SF Market Rent/Mo. Annual Market Size Mo. Rent 1,545 SF $1.80 $2,781 $33,372 75E-14 ATTACHMENT Vacancv and Collection Loss Small office buildings are most frequently purchased for owner -occupancy and are analyzed using the sales comparison approach, with values calculated 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 office properties found that reported OARs reflect rates from 4.00% to 5.00%. These sales are considered the best evidence of an appropriate capitalization rate for the subject property. 75E-15 DI RECT CAR TALI ZATI ON ANALYSI S Office Building 1023 N. Bristol Street Santa Ana, California c ONTL • �771�1►�t3 Rental Income Annual Market Fbntal Income Monthly Fbntal Income $1.80 PAF x 12 Months $33,372 Total Leaseable Area 1,545 T Total Potential Gross Income $33,372 Vacancy 3% ($1,001 Effective Gross Income $32,371 REIMBURSABLE EXPENSES $/SF Management 2.0% ($0.42) ($647) Reserves 10.101 `; 1 a= Total Reimbursable Expenses ($0.52) ($802) $802 Net Operating Income $31,569 Capitalization Rate 4.750/c Indicated Valueat Market Fbnt $664,609 ROUNDED $664,600 *Difference may be due to 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 January 24, 2017, is as follows: INDICATED VALUE - INCOME APPROACH $664,600 75E-16 ATTACHMENT CONCLUSION OF VALUE The approaches most often relied on by buyers of this type of property have been developed. Thus, the sales comparison approach is developed as the primary value indicator. The cost and income approaches are rarely considered by buyers in this market and are less reliable than the sales comparison approach as the typical buyer of the subject property would be an owner -occupant. There are limited investor sales with reported overall capitalization rate data in this building market segment and data for signed leases is of limited quantity and quality. The income approach has been developed, but is given less weight in the final conclusion of value. The cost approach is rarely used by buyers in this market and does not tend to produce reliable valuation results; the cost approach has not been developed. APPRAISAL CONCLUSION Considering the data and analyses presented, the opinion has been formed that as of January 24, 2017, the fair market value of the subject property is: INDICATED VALUE Sales Comparison Approach $695,250 Income Approach $664,600 Reconciled Value (Rounded) $695,250 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.tMAI, AI-GRS Certified General Real Estate Appraiser Certificate No. AG005391 Expiration Date: April 13, 2016 Dated: January 25, 2017 75E-17 ATTACHMENT CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have previously appraised the subject property in our File No. 15-5328, dated December 7, 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, but has fully participated in the analyses, opinions and conclusions concerning real estate contained in this report and fully concurs with the conclusions expressed herein. 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. The reported analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, Elizabeth M. Kiley has completed the continuing education program for Designated Members of the Appraisal Institute. i� U U 4ViWL. Elizabeth M. Kiley, AI, AI-GRS Stephane Kavanaugh Certified General Real Estate Appraiser Certified General Real Estate Certificate No. AG005391 Certificate No. AG030565 Expiration Date: April 13, 2018 Expiration Date: April 12, 2017 75E-18 ATTACHMENTS APN: 405-262-33 Page 2 SUMMARY STATEMENT ACCOMPANYING OFFER RELATING TO ACQUISITION PROCEDURES FOR PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are not being conveyed unless other disposition of these improvements has been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for 75E-19 ATTACHMENT APN: 405-262-33 Page 2 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 knowledge 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. 5. If you ultimately elect to reject 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. 75E-20 ATTACHMENT 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 shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following documents: • Title VI Booklet • Title VI of the 1964 Civil Rights Act and Related Statutes • Right of Way Title VI Survey Form with Self -Addressed Stamped Envelope • Right of Way Title VI Discrimination Complaint Form • The U.S. Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title VI Survey form be completed and returned in the self- addressed stamped envelope. If 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 on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principal Civil Engineer City of Santa Ana 20 Civic Center Plaza M-36 P.O, Box 1988 M-36 Santa Ana, CA 92702 © 1980-2012 Overland, Pacific & Cutler, Inc, 75E-21 (Nov -12) El Im FA kt 4a 4 4J Im FA kt ATTACHMENT 6 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page 1 of z NONDISCRIMINATION STATUTES • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6 10 1, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Bights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or curried on under this title." (PROHIBITS DISCRIN41NATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED 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 WHICH CAUSE DISPLACEMENT) 75E-24 ATTACHMENT TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page 2 ot2 • The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) • The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (e) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law." • Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(I) It shall be unlawful... to refuse to sell or rent atter the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, of otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING — HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. • Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No, FHWA-HCR-06-006 75E-25 TITLE VI SURVEY ATTACHMENT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et sect.), 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 pail 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 %gcelEthnicity: _ 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 75E-26 ATTACHMENT 6 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant N rho Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798 , at seq.), notes 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 farm. The torture to provide all or any ped of the requested Information in by delay processing of this fore. No disclosure of personal Information will be made unless permissible under Audio 6, Section 179824 of the IPA of 1977. Each Individual has the right upon request and proper identlticalion, to Irspecl all personal Information In any retard maintained N individual by identifying particular. Direct y l q ' f 1' Ile ante to your IPA CKca Dist Co Rte BASIS OF DISCRIMINATION Post ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low -Income ❑ Non-English Speaker Provide date(s) and place of alleged discrimination Describe the nature of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Known) responsible for the action, decision or condition of alleged discrimination Provide supporting information known to complainant in support of his/her allegation Identify possible witnesses whonr the complainant believes can provide factual information about this allegation Stale the action requested by complainant 75E-27 ATTACHMENT 6 DN'tPrIAMUr 1141,P 'I, ,Up '"JO 4P6 1 .. IILJ* IjWJ' 4"Aprk"La, kp 4mjhvvb, :1 -�ft WIIPT TvM 'PW 7 376P V RT 0 -4M qy� PT 1 —I lu ,JT3-drPIhAqUu&IR- 011run., Ounwilkil iql I 1, Arabic EI= A. Cambodian Wtka ikabho-n yayangin Daftgnul rwmlwil pat Ouft7pu' kumentus 70tarriorm). 5, Chamorro Ozjju&eovaj Iwadratid aka Za.Kk1-w&a tuto kolottku, pokud ftte a liwiffte 6esky. Kruis dit vak-je, aan sU a Nederlitnt1q. kunt lazen of 8prokeft. Mark this box if you fwid or speakftglish ce 6 , ul , S] j u P- 75E-28 6. Simplified Chinese 7.Traditional Chinese WL#= 11. �ngllsh 12, Farsi ATTACHMENT DB -3309 r U.s. UGRAR i Mery Urcummtacc 75E2Q V Eonomlos vnU.S' CEISU5 BUREAU 13. French 14, German 15, Greek 16, Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20, Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian 25. Polish Cocher ici si vous lisez on parlez le Pranpais. Kreuzen Sic dieses Kiistchen an, wenn Sic Deutsch lesen oder sprechen. E11i MbCYTE ttUTO TO T[Xa(U(O aV &cP6�e-rE 1) 11.LX&-rE F,XXgv IK&. Make kazye sa a si ou 1i oswa on pale kreyol ayisyen. 3TtTt 3TfCf ;fT qu � � � W � w � MTIF I ® Kos lub voj no yog koj paub twm thiab hais Ins Hmoob. Jelolje meg ezt a kockat, ha megerti vagy beszeli a magyar nyelvet. ® Markaam daytoy nga kation no makabasa wenno makasaoka iti Ilocano. PMarchi questa casella se Legge o parla italiano. E B -F, Gv�J, a�tt�aol� I�Epjf�Z<t� rcb�o o-1 z el 71 L+ pad T °a ° r 01 511H RAI o}'tii� hl k. El Zmnu Z�ee� i�u ue u �nw a o. El Prosimy o zaznaczenie tego kwadratu, jezeli posluguie sig Pan/Pani jgzykiem polskim. DB -3309 r U.s. UGRAR i Mery Urcummtacc 75E2Q V Eonomlos vnU.S' CEISU5 BUREAU 13. French 14, German 15, Greek 16, Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20, Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian 25. Polish ATTACHMENT ❑ Assinale este quadrado se voce 18 ou fala portuga@s. ❑ Ynsemnali aceasta casula data Citi¢ sau vorbili romanegte, FlIomeTbTe 3TOT KBagpaTxK, ecru Bbi'txTaeTe Him rosopuTe no-pyccxx. 06enexcxTe oRaj xsaApaTxh yxonxxo YxTaTe x7114 rOBopxTe cpucxH je314x. OmOte tento stvorcek, ak viete cftat'alebo hovorit'po slovensky. ❑ Marque esta casilla si lee o habla espahol. ❑ Markahan itong kuwadrado kung kayo By marunong magbasu o magsalita ng Tagalog. ❑ lumlaiaauLivaaluNoat Tvi�u i�uu'rorJax�t� luu. ❑ Maaka 'i he puha ni kapau 'oku ke lau pe lea fakatonga. ❑ BiAMiTbTe uro KniTHHKy, RKIIAo R14 wraeTe AD roBopxTe yxpaYHc6Koto mosoto. ®Uv»Lb�is�sL�r9��1"if ❑ Xin danh dau vao 8 nay neu quy vi bit;t doe va n6i dtfgc Vi6t Ng3. ❑ .05T5N uiv'I '197N 0)95'7 T5N 35)N lump O9T 03J))NN3 OR -3309 U,S. DEPARTMENT OF COMMERCE Economicsa U.S, Statistic U.S, CENSUS BUREAU 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 aficirrinistraclon 75E-30 ATTACHMENT to ter your TINavoid back p the appropriate Forhex. The ls, t is Is you muss mann int mote gw SN). H ,� ' - to avoid backup withholding. For Individuals, this Is your social seeudfy number (SSNJ. However, for a disregarded entity, see the Part I Instructions on page 3. Forother ® Request for Taxpayer Give Form to the Form fill August 2013) identification Number and Certification requester. Da not send to the IRS. Department of the Treasury Internal Revanue Ssruice Identification number I mEmployer I I Name (as shown on your Income tax return) Suslness name/disre9erded entity name, if different from above m °- Check appropride box for federal tax classlflcation: Exemptions (sae instructions): O ❑ Individual/sola proprietor ❑ C Corporation ❑ 3 Corporation EJ partnership ❑ TmsVestate y o Exempt payee code Of any) t� F-1 Limited liability company. Aller the tax classification (C=C corporation, 8=3 corporation, P=pednerehlp)> Exemption from FATCA reporting `o L code (if any) y❑ Other (see instructlons)► address (options)) AUdress (number, alreet, end apt. arsons an.) a, ]-F�eq�uooer'8and Cfly, state, and ZIP code m N List account numbor(s) hero (optional) • Tax oyer Identification Number (TIN) to ter your TINavoid back p the appropriate Forhex. The ls, t is Is you muss mann int mote gw SN). H ,� ' - to avoid backup withholding. For Individuals, this Is your social seeudfy number (SSNJ. However, for a disregarded entity, see the Part I Instructions on page 3. Forother _ m _ resident alien, solo proprietor, or entities, it Is your employer Identification number (EIN). If you do not have a number, see How to get e LJJ--f—f TW on page 3. Nate. If the account is in more than one name, sae the chart on page 4 for guidelines on whose number to enter. Identification number I mEmployer I I Under penaites 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. [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 ordlvidends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U,S, citizen or other U.S. person (defined below), and 4. The FATCA code(a) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct, Certification instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have felled to report all Interest and divired property, on cncellationreturn, of debt, contributions to an individual retirement em 2 does not apply. arrangement (IFor RA), and Interest paid, mantoioth or abandonment of secured property, nanarally. navmenls other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. Sign Signature of Here U.S. person 0, General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, atuAVW IM40VAV9. [marination about any future developments affecting Form W-9 (such as legislation enacted after we release Ii will be posted on that page. Purpose of Form A person who Is required to Its an Information return with the IRS must obtain your correct taxpayer Identification number (11N) to report, for example, Income paid to you, payments made to you in settlement of payment card and third party no twork transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, orconldbutton6 you made to an IRA. Use, Form W-9 only If you are a U.S. person Including, a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that lheTIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a Ui exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of env oadnamhlo Income from a U.S. trade or business Is not subject to the Data P withholding tax on foreign partners' share of effectively connected Income, and 4. Ca1IWhet FATCA code($) entered on this form (if any) Indicating that you We exempt from the FATCA reporting, is Centel. Note. If you are a US, person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If It Is substantially similar to this Form W -g. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An Individual who to a U.S. citizen or U.S, resident alien, A parn irship, corporation, company, aassociation created or organized in the United States or under the laws of the United Slates, • An "late (other than a foreign social, or •,A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business In tha United Stales are generally required to pay a withholding tax under station 1446 on any foreign parmase' share of effectively connected taxable Income from such business. Fudher, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1446 withholding lax. Therefore. If you are a U.S. person that Is a partner In a padnemhip conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 Wihholding on your there of partnership Income. Cat. No. 102SIX 75E-31 Form B-2013) ATTACHMENT 7 Form W-9 (Rev. 6-2013) Page "Z In the cases below, the fallowing person must give Form W-9 to the partnership for purposes of establishing its U.S, status end avoiding withholding on Its, allocable share of net Income from the partnership conducting a trade or business In the United Slates: - In the case of a disregarded entlly with a U.S. owner, the U.S. owner of the disregarded entity and not the entity, - In the case of a grantor trust with a U.S. grantor or other U.S, owner, generally, the U.S. grantor or other U.S, owner of the grantor twat and not the trust, and - In the case of a U.S. trust (ether than a grantor trust), the U.S. trust (other than a grantor twat) and not the bene0ciaries of the trust. Forelgn parson. if yyou are a foreign person or the U.S, branch of a foreign bank that has elected to ba treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-6 or Form 8233 (see Publication 616, Withholding of Tax on Nonresident Aliens and Foreign Entities), Nonresident ellen who bee ... a a resident aIran. Generally, only a nonresident Won Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of Income even after the payee has otherwise become a U.S. resident allen for tax purposes. If you are a U.S. resident alien who Is relying on an exception contained In the saving clause of a tax treaty to clean an exemption from U.S. tax on certain types of Income, you must allaah a statement to Form W-9 that specirres the following five Remo; I. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonmaldent alien. 2. The treaty article addressing the income. 3, The article number (or location) In the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of Income that qualities for the exemption from tax. 5, Sufficient facts to justify the exemption from lax under the terms of the treaty article. Example. Article 20 of the U.S: Chlna income tax treaty allows an exemption front tax for scholarship Income received by a Chinese student lam starry present In the United States. Under U.S. law, this student will become a res[dent alien for tax purposes If his or her stay In the United Stales exceeds 6 calendar years. However, paragraph 2 of the first Preto el to the U.S,-China treaty (dated Aredt 30, 1 Beer) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States, A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship ­ bllow.chin income would attach to Forst W-9 a statement that Includes the If you are a nonresident allen or a foreign entity, give the requester the appropdato completed Form W-8 or Form 8233. What Is backup withholding? Persons al certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments Tills Is called "backup withholding." Payments that may be subject to backup withholding Include Interest, lax -exempt interest, dividends, broker and horter exchange transactions, rents, royalties, nonemployee pay, payments made In catilemant of payment card and third party network transactions, and certain backup payments fromldinging boat operators. Real estate transactlons are not subject to akup You will not he subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper cerilflcations, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup Withholding If: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (sea the Part II Instructions on page 3 for details), 3. The IRS tells the requester that you furnished an Incorrect TIN, d, The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends only), or b. You do not certify to the requester that you are not subject to backup withholding under 4 above (far reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code an page 3 and the separate Instructions for the Requester of Form W-9 for more Information. Also see Spedol rules forpedners6lps on page i. 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 Unlled Stales persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reparting code on page 3 and the'Instructlons for the Requester of Form W-9 for more Informatfon. Updating Your Information You must provide updated Information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated Information if you Ora a C corporation that aloof; to be an S corporation, or if you no longer are tax exempt, In addition, you most furnish a new Form W-9 If the name or TIN changes for the account, for example, if the grantor of a grantor trust riles. Penalties Failure to furnish TIN, If you fall to furnish your cormotTIN to a requester, you are subject to a penalty of $50 for each such (allure 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 baste that results in no backup withholding, you are subject to a $500 penally. Criminal It enalty for folsifying Information. Willfully falsifying certifications or atIfunatlons may subject you to criminal penalties Including fines and/or Imprisonment. Misuse of TINs. If the requester discloses or uses TINS In violation of is decal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name It you are an Individual, you must generally enter the name shown on your income tax return. However, If you have changed your last name, for Instance, due to mardage without Informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your newlastname. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered In Pad I or the form. Sole proprietor. Enter your Individual name as shown on your income tax return on the "Name" fine. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name/disregarded entity name° line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the "Name" line and any business, trado, or "doing business as (DBA) name" on the "Business nameldisregarded entity name" llne. Disregarded entity. For U.S, federal tax purposes, an entity that Is disregarded an an entity separate from Its owner is treated as a"dleregarded entity." See Bagatelle section 301.7701-2(0)(2)(111). Enter the owner's name on the "Name" ]Inc. The name of the entity entered on the "Nano" line should never be a disregarded entity. The name on the "Name' line must be the name shown on the Income taxreturn on which the Income should be reported. For example, If a foreign LLC that Is treated as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.S, owner's name is required to be provided on the "Name" line. If the direct owner of the entity Is also a disregarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on the "HwIness name/dlsragarded entity name" line. If the owner of the disregarded entity Is a foreign person, the owner must complete an appropriate Form W -B Instead of a Form W-9. This Is the case oven If the foreign person has a U.S. TIN, Note, Checkthe appropriate box forthe U.S. federal tax classification of the person whose name Is entered on bre "Name" line (Indlviduallsole proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person identified on the "Name" fine Is On LLC, cheek the "Unilh d liability company' box only and enter the appropriate code for the U.S. federal tax classfi catioff In the space provided. If you are an LLC that is treated as a partnership for U.S. federal tax purposes, enter "P" far partnership, If you are an I.LC that has filed a Form 8832 or a Form 2653 to be taxed as a corporation, enter "C" for C corporation or "S' for S corporation, as appropriate. if you are an LLC that is disregarded as an entity separate from Its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be Identified on the "Name" line) Is another LLC that Is not disregarded for U.S. federal tax purposes. If the LLC is disregarded as an entity separate from Its owner, enter the appropriate tax classification of the owner Identified on the "Name" line. Other entitles, Enter your business name as shown on required U.S. federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may.onter an business, trade, or DBA nnmo on the "Business name/disregarded entity name' line. Exemptions If you are exempt from backup withholding and/or FATCAmpoding, enter In the Exemptions box, any code(s) that may apply to you. Sae Exempt payee code and Exemption from FATCA reporling code on page 3, 75E-32 ATTACHMENT Form W-9 (Rev. 8-2013) Page 3 Exempt payee code. Generally, individuals (including cote proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for curtain payments, such as Interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network lransaallons. Note. If you aro exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The fallowing codas Identify payees that are exempt From backup withholding: 1—An organization exempt from tax under section 601(a), any IRA, or a custodial account under section 403(b)(7) If the account satisfies the requirements of section 401(1 2—The United States or any of Its agencies or instrumentalities 3—A state, the District of Columbia, a possession of the United States, or any of their polltical subdivisions or instrumanlalitles 4—A foreign government wany of its political subdivisions, agencies, or Instrumentalities 5—A corporation G—A dealer In securities or commodities required to register In the United Slates, the Distdct of Columble, or a possesalan of the United States 7--A futures commission merchant registered with the Commodity Futures Trading Commission B—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust rand operated by a bank under section 584(x) 11—A financial institution 12-A middleman known In the Investment Community as a nominee or custodian 13—A trust exempt from tax tinder section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the oxempt payees listed above, l through 13. IF the payment is for... THEN ilia payment Is exempt for, Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations, S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over$600 required to he Generally, exempt payees reported and direct sales over $5,0001 1 through 6s Payments mads in aettlement of Exempt payees l through payment card or third party network transactions t See Farm 1009-MISO, Miscellaneous Income, and its Instructions. 'However, the following payments made to a corporation and reportable on Form 10ge-MISC are not exempt From hacimp withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and pnymento for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes Identify payees that are exempt from repo cling under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial Institutions, Therefore, If you are only submitting this form for an account you hold in the United Stales, you may leave this field blank. Consult with the person requesting this form If you are uncertain If the Inandal Institution Is subject to these requirements. A—An organization exempt from tax under section 501(a) or any Individual retirement plan as defined in auction 7701(8)(37) B—The United Stales or any of its agencies or Instrumentalllles C—A state, the District of Columbia, a possession of the United Stales, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which 1s reg ulady traded on one or more established securllies markets, as described In Reg. auction 1.1472-1(c)(1)(1) E—A corporation that Is a member of the same expended affiliated group as a corporation described In Reg. section 1.1472-1(c)(1)(1) F—A dealer in securities, commodities, or derivative financial Instruments (Including notional principal contracts, futures, forwards, and options) that Is registered as such under the Imus of the United States or any state G—A real estate investment trust H—A regulated Investment company as defined In section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund es defined In section 564(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt past under a section 40303) plan or section 457(g) plan Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. IF you aro a resident alien and you 00 not have and are not ellglbfe to gel an SSN, your TIN Is your AS Individual taxpayer Identification number (ITIM. Enter it in the social security number box. If you do not have an ITIN, see How to gat a TIN below. If you are a sole propdetar and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that Is disregarded as an entity separate from Its owner (sue Limited Llatu ify Company (LLC) on page 2), enter the owners SSN (or EIN, If the owner has one). Do not enter the disregarded entity's FIN. if the LLC Is cleselfled as a corporation or partnership, enter the entity's BIN. Note. See the chart on page 4 for further clarificallon of name and TIN combinations. How to get a TI N. If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Form 55-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa,gov. You may also gel this form by calling 1-000-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identificntlon Number, to apply for an ITIN, or Form 88-4, Application for Employer Identification Number, to apply for on EIN. You can Oppty for an EIN online by accessing the IRS websita at wua0ro.9ov7bushoesses and clicking on Employer identification Number (EIN) under Starting a Business. You can get Forms Wd and SS4 from the IRS by visiting IRS.gov or by calling 1 -800 - TAX -FORM (1.800.829-3676). If you unasked to complete Form W-9 but do not have aTIN, apply for a TIN and write "Applied For" In the space for the TIN, sign and date the fano, and give It to the requester. For Interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied Far" means that you have already applied fora TIN or that you Intend to apply for one soon. Caution: Adfsregardsd U.S, entity that has a foreign owner must use the appropriate Form W -e, Part II. Certification To establish to the withholding agent that you are a U,S, person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or below Indicate otherwise. For ajolnt account, Only the person whose TIN Is shown In Part I should sign (when required), In the case of a disregarded entity, the person identified on the "Name" tine must sign. Exempt payees, see Exemptpayee coda earlier. Signature requirements. Complote the cergflcatlon as Indicated In Items'I through 5 below. 1. Inlsrss4 dividend, and barter exchange accounts opened before 1984 and broker accounts considered active daring 1983. You must give your correct TIN, but you de not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and Is raiser accounts considered Inactive during 1983. You must sign the cedihoaticn or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out Item 2 in the certification before signing the form. 3, Real estate Iruminations. You must sign the oedlfication. You may cross out Item 2 of the certification. 4.0ther payments. You must give your correct TIN, bre you de not have to sign the certiffcaflon 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 hills for merchandise), medical and health core 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 fisherman, and gross proceeds paid to attorneys Including payments to corporations). 8. Mortgage Interest paid by you, scarlet lion or abandonment of secured property, cancellation of deb I. qualified tuition program payments (under section 629), IRA, Covert 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. 75E-33 ATTACHMENT Form W-9 (Rev. 8-2013) Page 4 What Name and Number To Give the Requester For lilts type of account: Give name and SSN of: 1. Individual The Individual 2. Two or more Individuals(lainl The actual owner of the account or, account) If combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minora Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor is also trustee) b. So-called trust account that le The actual owner' not a legal or valid trust under elate law 6. Soba proprietorship or disregarded The owner' entity awned by an individual 0. Grantor twat filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulation section 1.671-4(1b)(2)(I)(A)) For this type of account: Give name and Efflof: 7, Disregarded entity not owned by an The owner Individual B. A valid twat, estate, or reason trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2663 1O. Association, club, religious, The organization charitable, educational, or other tax-exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such and a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form Thetford 1041 Filing Method or the Optional Farm 1099 Filing Mathnd 2 (see Regulation seclian 1.671.4(b)(2H0(SI) ' fust first end circle the name of the person whose number you furnish, if only one person on a joint account has an SSN, that Immune number moat be famished. e Circlathe mieei s name and furnish the mNm's SSN. .You must show your Individual roma and you may area enter your entrants of "DSA" mama on basic cau), bsust the INSencouraged ncourageo One. You may ase eitheryour SSN cr EIN If you you to use your 66N. °fist informed ctega the name of the tract, sal ate, or pension trust, (00 not (win lab To TIN of the Fewer re mandtoUse or trustee unless the legal entity itself Is utdoximuted In the account III Iw) Nee see 5peclafmfes rot ,finershlpson page 1. 'No le, (I motor also meet provide a Form W-9 to tested of trust. Note. If no name Is circled when mare than one name Is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity then occurs when someone uses your personal information such as your name, social security number (SSM, or other Idantifying Information, without your permission, to commit fraud or other crimes. An Identity thief may use your SSN to get a lob or may Ole a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SRN, • Ensure your employer Is protecting your aSN, and • Be careful when cheating atax preparer. If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed an the IRS notice or letter. If your tax records are not currently effected by Identity theft but you think you are at had: due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908.4480 or submit Form 14038. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing economic harm or a system problem, or are seeking help in receiving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service RAS) assistance. You can reach TAS by calling the TAS loll -free case Intake line at 1.877-777-4778 or TTY/TDD 1.800-829.4059. Protect yourself from auspicious smalls or phlshing schemes, Phlshinglsthe creation and use of anner and websites designed to mimic legigmate business emails and welselles, 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 surrer,daiing private Information that will be used for identity theft. The IRS does not Initlate contacts with taxpayers via emails. Also, the IPS does not rsgmm personal detailed Information through email or ask taxpeyere, for the PIN numbers, passwords, or similar secret access Information far their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phlshing®trs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1-808-886-4484. You can forward suspicious smalls to the Federal Trade Commission at: spam®uco.gov, or contact them at www..fhogovlfdtherf or 1.877 1 DTH EFT (1-877-438-4338). Visit IRS.gav to learn more abort Identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Cade requires you to provide your correc YIN to pers file IRS to report Interest, dividends, or certain other Income paid to you; mortgage Interest' of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting th reporting the above Information. Routine uses of this Information Include giving it to the Dap of Columbia, end U.S. commonwealths and possessions for use In administering their laws, federal and state agencies to enforce civil and criminal laws, or to federal law enforcements whether or not you are required to rile a tax return. Under section 3406, payers must genera payments to a payee who does not give a TIN to the payer. Certain penalties may also start) 75E-34 s) who are required to file Information returns with candonmenl of secured property; the cancellation to the farm to file Information returns with tile IRS, it criminal litigation and to Gilles, states, the District disclosed to other countries under a (early, to )tnbat terrorism. You must provide your TIN arable Interest, dividend, and certain other 75E-35 V C N Y � o V O q `w O t0 N C 75E-36 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 1023 N. BRISTOL STREET (APN 405-262-33) 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 75E-37 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 1023 N. Bristol Street (APN 405-262-33), 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 3A of the Bristol Street Widening Project (`Project'). The location of the Project is between Civic Center Drive and Washington Avenue 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 75E-38 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 12017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: Il ' Joy M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75E-39 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 75E-40 6/20/17 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows: Lot 1 of Tract No. 839, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 25 Pace 42 of Miscellaneous Maps, in the Office of the County Recorder of said County. APN: 405-262-33 75E-41 Resolution No. 2017 -XXX Page 5 of 6 I EXHIBIT B �1BbY BJNrQ O! SS1hY bO9 P. > «--- ^— g 3Alttq r r ,'ws ;H!YJ 1 }l3lN30 p7AfJ � a. Resolution No. 2017 -XXX Page 6 of 6 9 5 J 75E-42 NO O ff % a 0 a v l 4 wy r t f " ae OFJ 1 .l y L:+I 14 R ���+.y � Kvrea /'^ll a x f r Resolution No. 2017 -XXX Page 6 of 6 9 5 J 75E-42 NO O 123ls Hl [Y r tN Ala 4 a v l 4 wy r t f " ae 123ls Hl [Y r tN Ala