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HomeMy WebLinkAbout75F - PH - RESO NECESSITY 1302 W 11THREQUEST 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 1302 WEST 11TH STREET (PROJECT NO. 136792) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) 0 CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1302 West 11th Street (APN 004-111-22) 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 1302 West 11th 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 February 3, 2017, in the amount of $575,000 (Exhibit 2). The Public Works Agency has made and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75F-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 1302 W. 11th 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 $575,000 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. I OW F4 Mousavipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: C1wANS Int ,") +:1!k:A Francisco Gutierrez D Executive Director fV Finance & Management Services Agency 75F-2 MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET LEGEND: 405-2G2-23 405-262-22 2 - 1 H' W W f - J rO/y Vhf F W � -GIJBJEL"'I' PP.LPERI'IES -<,:Op INFO FMrEET7EC. �AIVTA AMA OrrY �UNCIL FJJuen07u21 PUBLIC WORKS ACEHC1 CIVIC CENTER DR. ----i L--- - WASHINGTON AVENUE 71]�^ 44]P7412Tm 40 12TH STREET i' CI *Y 3J *I I° 11TH STREETm F- co o m J � m-:.. x CO m EXHIBIT 1 4415-274-10 405-274-m9 405-262'33 405-2B2-32 MATCHLINE SEE TOP LEFT RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITYFOR THE ACQUISITION OF REAL - ROPERTY AT 1302 WEST 11TH STREET JECT NO. 13-6792 NONGENERAL FUND) (Strategic Plan Na. 6, 1G; and 3, 2CI PAGE 1 OF 1 75F-3 Parcel File No. 004-111-22 EMMMM� • ZEM�• ' i� Mss- "s• n N/A 1302 West Il"' 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) a Property. Legal Description (Attachment 2) * Statement of Just Compensation (Aftaohment - Summary Explanation 8tatement (Attachment 4) • City of Santa Ana Handbook on Acquisition (Attachment 5) • Your Rights Under Title VI (Attachment 6) • W-9 Form (Attachment 7) Leticia Carrillo Date EXHIBIT 2 75F-4 February 3, 201 Leticia Camilo 1302 West t lin Street ,Santa Ana;:CA.70. MY OF SANTA ANA PUBLIC WORKS ACENCY 2U C1vla Center PIM M"96 a R0 Sox 1888 tui -38' Santa Ana, Callrarr in 62702 yM.+satilia.ays can UBJECT#RVi E OFFSRTC+ACQUIRE PROPERTY AT,,, 1342 West 11I� Street, Santa Ana, CA 92743 A,PN; 004-11 i-22 Dear Leticia Carrillo: ACTMG MY MANAGER Gwardo MtaeE UTYATTORRNEY $010 R.C.anxitha McRKOrTHECT UNCIL mods o FEuizar Via certified snail The City of Santa Ana ("City's ,is proceeding with its plans to consl Street Improvement Project between CIvid Center Drive and ft obtained a preliminary title report that lists Leticia Carrillo, as her as the vested owner, Attachment 1. The City seeks to acture above-mentioned address, +which consists of the underlying reI Attachment 2. The area to be acquired is referred to herein as the" Phase IIIA of the Bristol Igton Avenue. The City and separate Property, property located at the operty as described in 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 N seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted In accordance with commonly accepted appraisal standards and included consideration of the Highest and hest use of the land. Based on the appraisal, the clty offers a total compensation of $676,00 The basis for this offer Is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting at Resolution of Necessity, or bafh, SNTAANA0TVCMHrfL M19uWA, €^ulfda Wool*Me ilm worloso"MW i Joao solou Rwd Demos J'An ovka%5 S.t MaJdra Meym ( WyorMTWa WWOa 1 viodA tAlald3 1: ai^ar4A [ WaMs Woraa a,R,.a18 I It k i UMM02AWAIMUM ( i3tNoln ¢3nta.sxrapra c 4. .taWAgim tlk "nn ora i himsiw6leio.?a�ntrx-ora rva 75F-5 1302 West 11th Street February 3, 2017 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 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 4. 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 3, 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. 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, Mona Montano, from Overland, Pacific & Cutler, Inc. at (949) 951-5263. Sincerely, Jason Gabriel Principal Civil Engineer 75F-6 Commonwealth` .. LAND 7ITLe COMPANY ATTACHMENT Commonwealth Land Title Company 4100 Newport Place Dr Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3140 City of Santa Ana, Public Works Agency Our File No: 08026527 20 Civic Center Plaza M-36 Title Officer: Chris Mazlar Santa Ana, CA 92702 e-mail: unitl0@cltic.com Phone: (949) 724-3170 Attn: Souri Amirani Fax: (949) 258-5740 Your Reference No: 004-111-22 Property Address: 1302 W 11TH STREET, Santa Ana, California PRELIMINARY REPORT Dated as of September 3, 2015 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title Company hereby reports that It is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth In the 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. Limitation 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 Liability for certain coverages are also set forth In Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One 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 carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the Issuance of a policy of title Insurance, a Binder or Commitment should be requested. CLTA Preliminary Report Form - Modified (31-17-06) Page 1 75F-7 Pile No: 080265217 ATTACHMENT I SCHEDULE A The form orpaticy of title insurance contemplated by this report Is. A Preliminary Report Only The estate or Ititerest 11) the land hereinafter described or referred to covered by this report W A FEE Title to said estate ot interest at the data hereof is -ymg&dLw- Leticia Carrillol, cis her sole and separate property The Iond Warred to hereln Is sltu6ted In the County of OKANG�, State of Califorrilzi, and Is dasctlbao as foljaws,� WA Preliminary Pmport Form - madifled Page Z 75F-8 He No08026527 ATTACHMENTI EXHIBIt"'A"' All that certain real property Situated In the Covilty or Orenge, State Of California, described as f0flows' not ig of` oycl-lypJ219, In, the City of Santa Ana, county of Orange, State of Callforilia, as per map recorded In 09ok_39 y4gg22 of mj�cejjanp ous mops, [n the Office of tiro County Recoroor of said CaLloty, , Ags ss is Peiml Number. 004mllj-22 CLTAPriolminary Repprt ForM -- Modified (11-17-06) Page 75F-9 File No: 08026527 ATTACHMENT 1 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 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, 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 Acts 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 of material not shown by the Public Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 4 75F-10 File Mc,c '080265V At the date hereof Exceptions to coverage In addition to the printed exceptipns 3ml exclI In said Policy form would fleas fnllo mn , A� Property taxes, wlhloh are a Lien not yet due and payable, Including any assassPnents collected with taxes to to levied farthe illcal "or 2015-7016, The defaulted texas are hemp paid on a .-.Year Payment Plan, Tile emcunts,necessary 0 complete the 5 -Year Platt or to bring It current must be obtained from the lax Collector's office. B. Any Ileus or rather assessitents bonds, or spacial district Clens lhcluding without limitation„ Community rrocliitYy Districts, that arse by Mason of any local, CRY, Municipal or County Project or Pecial District, C, The lien of supplymental or escaped assessments of property taxes, if any, made pursuant to rue- ier, r $1, ;of Chapter �.5 loommencing with section 75) 0r Part 2a �hagto 3r Ariddk 5 and 4, respectivolke of the pevenUe arid Taxctttion Code of the State of C:allfornla as a result of the crapsfer of title ra thevesfee named in Schedule A3 or as a result of chan9cs-in ownerships or rear construct(ln occurring prior to Crate of poilcYer I Water rights, claims or title to water, 4whather or not disclosed by Ulm public records. 2 Saseerent(s) for the purpose(s) shown below and rigtits Incidental thereto as delineated or as offered for dedication, oh the rhall of said tract/Plat; p robs ; Pubiictttflides AF6ect5s: Southerly 5 feet 31 covenants, conditions and restrictions but OmltUR9 any couonants or restrictions, if any, Including but not limi€ed to those based upon ram, color? 1`001uri, sex, sexual Orleutatl0n, familia[ t tudr marital s€ecus, dlsabi(ICy, handicap, national origin, ancestry, source PP income, gorider, gender identity, 3onder expression, Mocilcai condition Or genetic Inforihatler, as set forth In applicablp state or federal laws, except to the extent that said covenant or restriction is permitted I applicable law, as set forth In the document Recorded- I 022k,y Pao 3�rr of CafeII xerords 4. Easerhent(s) for the purpbse(s) shown below and rights incidental thereto as set forth in a document ' Purposes Public a€CiI€les Recorded: In official Records Affects: rear 5feet at, sold land 5. hasement(s) for the purpoSe(s) shown below and rights Incidental thereto as set forth in a documenti Purpose' script and underground cornrnunloatitln Recording Fiats: Aiagu t 13, 1948 ReeordInd Plc! j6o of Orflolal Rec6rds Affects: South S feet of said' and CLTA F®ISminaryRe(mrt Fenn - Modlfiad (ii=17-06) 115 75F-11 File No: 08026527 ATTACHMeNT I 6. Easement(s) for the purpose(s) shown below and rights Inctdontal therato as set forth In a documents Purposel, electric lines Recording Data: July 22, 1948 Recording No; 12334 of DFfle� AffecM Southerly 5 feet and the No Of rly 5 feet of said land 7. The Land descritted hareln Is Included wIthIn a project area of the Redevelopment Aoncy shown below, end that proceedings for the redevelopment of said project have been instituted Linder the Redevelopmant Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. RodevelopMent Agency! city of Santa Ana Recording Date: cdober 20, 2QJ4 8, A deed of trust to secure an indebtedness In the amount shown below, Amount; $156,000,00 Dated, June 29, 2005 trusior/Grantor Joaquin CarrIllo and Lerida Carrillo, husband and Wire as community property TrusUsc Orange County Teathets Federal Credit Union, 9 federal credit union Sereficlary: Orange County Teachers Federol Credit Union,, 'a Federal credit union Recording Date; July 5, 2005 Recording No: Mffla=MRf [lfixrial Records The Deed of Trust set forth above Is purported to be a "Credit Line' Deed of TrQst UnLdor CaMorhila Civil Code 92943A it a requirement that the Tfustor/GranWr of ,old t)eOd of Trust either trnmedlatoly provIde the beneficiary With the °Norrower`c instruction to Suspend and Close rquity Line of Creole or provide A sath;factoi-V subordination of this Deed of nist to the proposed Deed of Trust to be recorded at closing: 9, The Land described hartin Is Included wlthlo a, project area or the Redevelop ment AgoncV shown below, end that prompcings for the redevelopment of said project have been Instituted under the Redevolopmepit Law (such redevelopment to proceed only enter the artoption,of the Redevelopment Plan) as disclosed bar a doturnren(, RedevelooMent,kooncv: City of Santa Ana, 16, A homestead declaration EXOCUtad by! Dated; Recording Datet Recording No; Leticia M. Carrilo March 18, 2010 March 18, 2010 26I0600129418 of Official Records MA Piellhlfin,M/ ReMtfohrn - MOCIMOd (11-17-061 Page 5 75F-12 File No: 06026527 REQUIREMENTS SECTION: ATTACHMENT REQ 110. 1 In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): all parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order, Any title search Includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to Involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information Is essential and will be kept strictly confidential to this file, CLTA Preliminary Report Form - Modified (11-17-06) Page 7 75F-13 File No: 08026527 ATTACHMENT INFORMATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: For wiring Instructions please contact your Title Officer or Title Company Escrow officer. NOTE NO. 3: Property taxes, Including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: 004-111-22 Fiscal Year: 2014-2015 1st Installment: $2,459.07 2nd Installment: $2,459.07 Exemption: none Code Area: 11101 NOTE NO. 4: None of the Items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. The following information will be Included in the CLTA Form 116 or ALTA Farm 22-06 Endorsement to be issued pursuant to this order: There Is located on said Land: a commercial/industrial property Known as: 1302 West 11th Street, Santa Ana, California There are no conveyances affecting said Land recorded within 24 months of the date of this report. The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. C) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Typist: nb0 Date Typed: September 28, 2015 CLTA Preliminary Report Form - Modified (11-17-06) 76F-14 ATTACHMENT Attachment One (Revised 06-05-14) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 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 which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (1) the occupancy, use, or enjoyment of the land; (it) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land Is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding an the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded In the public records at Date of Policy, but 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; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the Insured mortgage or for the estate or interest Insured by this policy. 4. Unenfarceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state In which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which 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, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the Insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts 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. CLIA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE 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; b. zoning; c. land use; d. Improvements on the Land; e. land division; and I. environmental protection. This Exclusion does not limit the coverage described In Covered Risk 8.a., 14, 15, 18, 18, 19, 20, 23 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: © California Land Title Association. All rights reserved. The use of this Form Is restricted to CLTA subscribers In good standing as of the dale of use. Ali other uses are prohibited. Reprinted under license or express permission from the California Land Title Assoclation. Page 9 75F-15 File No: 08026527 ATTACHMENT 1 a. that are created, 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 specifically 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 of 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. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. 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. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% of Policy Amount Shown in Schedule A or $2,500.00 Covered Risk 16: (whichever is less) $ 10,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 Covered Risk 18: (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 Covered Risk 19: (whichever is less) $25,000.00 1.00% of Policy Amount Shown in Schedule A or $2,500.00 Covered Risk 21: (whichever is less) $ 5,000.00 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, 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; (til) 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 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 eminent domain. This Exclusion does not modify or limit 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 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, 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. 4. Unenforceability 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 similar 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. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers In good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 10 75F-16 File No: 08026527 ATTACHMENT 1 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 dale 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 Except as provided in Schedule S - Part II, 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: PART 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: 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, 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 Acts 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. PART II In addition to the matters set forth in Part I of this Schedule, the Title Is subject to the following matters, and the Company insures against loss or damage sustained In the event that they are not subordinate to the lien of the Insured Mortgage: 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 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, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (11) the character, dimensions, or location of any Improvement erected on the Land; (ill) 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 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 8. 2. Rights of eminent domain. This Exclusion does not modify or limit 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 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 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the 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 staled in Covered Risk 9 of this policy. 5. 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 date of recording of the deed or other Instrument of transfer in the Public Records that vests Title 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 pulley does not Insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: 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: © California Land Title Association. All rights reserved. The use of this Form Is restricted to CLTA subscribers in good standing as of the date of use, All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association, Page 11 75F-17 File No: 08026527 ATTACHMENT (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. Any facts, rights, interests, or claims that are not shown in 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. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 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 that are not shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts 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. Any lien or right to a lien for services, labor or material not shown by the Public Records. Variable exceptions such as taxes, easements, CC&R's, etc. shown here. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The fallowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 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 5, 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 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 Dale 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. Unenforceability 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. This Exclusion does not modify or limit 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 aulhorlly 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 fallure 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 bankruptcy, state insolvency, or similar 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 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. © California Land Title Association. All rights reserved. The use of this Form Is restricted to CLTA subscribers in good standing as of the dale of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association, Page 12 75F-18 ATTACHMENT 1 File No. 08026527 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and Its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions Involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one -to -four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC - Lawyers Title Company CLTIC - Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIQ The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located In said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title Insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would he obligated to pay, by established custom, as a party to the transaction. Notice of Available Discounts Page 13 75F-19 Mod. 10/21/2011 ATTR. HMeNT'1 FIDPELI Y NATIONAL RNANGIAL PRIVACY NOTICE leldolbly National 'finuneial, Inc. mid Its mttjorityoiarod atobsJdhiry aaaty be impaired or not funttimi as tire 71and f arty tir�4 nonrpnnles providing real estate* and hart -related 9enti (aulleulively, QW, auction bxliaiv. "jyit", "tmr" or "eve") respect acid are eurnwiEtud to proaeahing year Web Sepcurru Some oP out, iwh pages and elecLwnio privacy, "Chis Privacy Notice lolsytiy knenv Ituta And for w hat ptupwot your flerg❑nt 1lnhnnuaLloo (as 101oad tu,reanl as being collared, aaAununioari��s may etrria(tt lmun❑s, tvliao� nmiy nr niay7tat ba vls[btg prainal cd and "sell by hNF. laic pladga that we Nadi inloa rias§ana'ale tuyrol4 iiirctavii tli'V,reb i3caspbs (Nailsaltattes talented to its."aha" bilk"'}, stopebu one tire that your personalloPCtrnraGan tvillvnly barnad ixt ways Web Flcacnttx ettilect onlytrouped info ti:dion that includes a cookie prat see In compliancenth this PtivRoy Nodeal 'fbo tnxsvisina or dsls nimabar, flaim and date are puge Viet'; and A dosmiptiort ofllle toe Dol pdvnay Notice to you does not Moore, tidy oxfsmsa of trrphed vabtcb the Web Aenaen reoli es, We all also Autry eVeb Pia cine Alaosid rclulintrahhp, or meate tiny express At implied fluty or other obligation, nfWill partyion ad mins ars. Those sed Web Beacons do not lgo or the � t?Personal nal: holtyasu _ Fidelity hdntlenal nanlste lou, and rota dee fila' No activities minted with Ilia 4Vehsdo, ;lee lite Third Party Opt i�dt iiia;s rasegrasiuns ❑ r SVa rrauilxs be n x sectlon below, Privacy Not!" is :only In effino: for any Soule foronnei g❑ olid iAtU aotdeutlfrer. We taut asdl '1 ouatwla va. brarliol Identifier net Information cof orated Auditor ory❑ed by NF, eiolls ub f � Y elan llsretiglu any 1°IVa rvsbsita and any ai FiAo fcatyvas, amen to help ❑ep tramk of your flrttirc visits. We ktl y use this a thea ttinA to r programs otferkd by tads* [callettively, ilia 'Weaa(lo'), liras alathor aggragatn daaaogtapldp mlorinntion about our vlaihax, and vve cy Notion Is not applicable to any wheat web pagan; niobila ata y not 4 to personalize the ynrrrnnat,on you sea on Ain Wellston vad asthoas, social holdia sites. amml lisle, getlorie allbematlon ur same of the, etouteonlacommunications you inul5wemern,us, Weltepp out Information codle❑kad author ornued by Auy enauy'tiler them tills hrRannstlan br nae hi et si't'e 'rad this i❑tbaou t3au is nCJf dheled . - - cvttltothera.. The types otpewoftlt dliCtxnataoir FNIF Collects Indy include cola g ati er things {t;otlecf(vol , "peannu [uParmaliun"}: Ct? 'aomect Intrauterine (ofh drat, address,. phone mountain owed adds ), Ql dernegrplthie Inibvmugoa tatf, Joe ol, hialta gander rnudatl nro4is5h (') inutxtecprithratil (at 111) Address or dbvicaIDUDID; (4)soclol acenitity, nurnbor JSSN}, student ID (SIN), delver'a licansut pkrsspus, rind other govalinuma Fri rrambars; (3) 7iluetruhal seeairnt infernamian; Alul Ib) infatuanttriurelutacttoultertseu admtna[eaa>R atrx Fn the course of our business, sa WAY action' Personal Infrarradion about,ylba t alkilte fellotviatgsottreost e Applieatioars of "Cher forms tau wsceve from you ,or your atrthprtxed reJuxiscatntiYst + filthmoblonmeweeivielirinn vi through ilia she-, + [nfuntaf o9 about'Year transactions md`po or arvices perforriwd by us, ourai£d[atis,oruthersruil From vrua rurbw at, other retraining agencies stud Public, wecurb nualumiaed by gpyorrnnentaf salines Baas s:ai either etbtabr throe€iy frontihusc w0flao, or Penn oaraVzairwsta: othms, �DravosaP Let Fibs. Out servers autotuadvolly tog Mail viahor to ilia Welashe and collect and roroed certain httorinaidil about- Pasch viabar. Ibbs i"Purmolrrin tray inclute 1P addreso, browse, lnnbliami, botaur typo, oporninit, syskaAr, dreala€n mares, lauwsurs, Watery (irehding trae spent at A domain, Par, sed date of your vdsh)' ttferrin i ail enih pages and UkGs, Aad number gf cods Tina donedu nlu m hart lF° Addsesa reveal nurluag parsuaal about the user nthar tban the, lr" mlld€ess from vilijob the warliaa aoneesrat Ihra'aVAAla. Cooklieg, Ptwan time to sing PNh' N othu'thnxd parltes eery noted u "cookie" to your coinpow, A oaalde, is asmall pie4 of data flant € l ecid to your interact buinnmw° bran a g0''rear nail stored as yultr eranpil.m'si laird drive and dam canoe r^a4mu iu lbe duevhlig, vrobgite on sa4seyuesi of dts� A cookie, by itself: cannot road'oaher deco born your �r Out, Altheintab rye d4:. Rol irrosrunly, in the fulano -ive party companies to slow Advei theomepts and+ar rather ins utpitsnosel vrhrnt yeti visit flu Websitc, Tieve ase lum-imnausidly itloaniiiavic Prribnvaliou (ag., V41rk thin, browser type, little land mate, srildeat or rIkked or sudiltd uvea) durTAg your visits to tits 11101p to be at`braater interest to you. 'l hnna nom an os'Lyploaliy use a Cookie or third party Web Duan iia critical this inflarnabw, An Andbor dosenbed above. Through these sial Aol❑g es< the cbiod party easy, have access to Mid use ❑on -person alizud Information &b ant your airline rive activity. You can gpta5rnt ta3'uenain rsn(lise behavlood services thraoglt atuv enc or line ways ttesodulad below, Afoot you op#•uoh you may continue to eeucive aduArlis }taunts, but ihJose advaali aittmts VIM no Jatritor be As rc[avnnttaYaaa • You tan apt -out via the Nelhvork Advertising Initiative industry opt -out nth nyaftalla v.tlellvNrkAlive fg Viatica/. •. You cars out tan VIA has Consuruu able' page at laiip;flvnnv:aasnr aalt.lhtb,_ a Par prose in lire 4l k,,, you can opt -out via lite FAB VK`s Jru ttyfirj opt-omat.t 'lfaa�gty vwstoudld cl o"tas cum. • Yp r can cohhgttm your ivuh bron+ rt (Clirmill Tateraii, Internet llxplo€er,yiaflwil etc.} to delete andtnrcantrotthetecofelstrkA& MOM lnfbtaystidu Gan be found It the ]-]alp syluora OFYlottr Inews r, Meir; Pryor orl-unt, ata lawAlusd above, ylro shuuld rta:t detela your Onetime, Ifyou dulzro yokw ooaktes, yon o tl load to oraa uni again Is of Pelnf+rvrnatisli tnCv=awtirmtolleclodh fi E"asrlladlbrdhtirsrohipest le products anti sarvicss to you or aria or womthird porky rovidurs 'vriboF Parallel) whoWe obiaimttg on your betmlf or in endevalinn tvrtit it troustictiou fca ora outliners call dorvicasdrat tvn porfgtui RV y9n or by tt$alc, tines flet danage, your system. we, our and ori er svk + tueu rxuu � third partles may its, enricher to idcunitPy said I,00p lfaok or,, mucaug od`,er fq aomntunlcato with you And to mcoral you about k'NF'a FNP'S things, triode nnnss okho Wcbaha rind third party vvebaites that yen lwva affiliates and third parties* panduols and ncrviooa' t,llitad In the past in ni!rtor to cuhanw yrnar next vlsk to the Wabal€e. lyen ZriioarmatFalt I�-[liseloseal y F Yen evil chs❑se rv€etlser or not ! 'cru pC tookipa hyo clratagfag dee We ma Y provide your{sl Information(excluding sotlo5 Enryour tntenct brawscr, but some functionally ofth l WtIbltw li@atmatian we receive from crasomer or other credit intrittl fagericles7 to various bbd aluals Aird companies I'dtstyNotice fflineivor Mw I,"I -i 75F-20 as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third -party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • 'fo lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good -faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third partes; or (h) protect time rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non. personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, sonic or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry -standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non - Personal Information to take precautions against liability, investigate and defend against any third -party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of tie FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree mid consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to as. Information From Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). ATTACHMENT You affirm that you are either more than l8 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE Is NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCONH'ANIED BY HIS OR TIER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children — or others — fn email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to otter websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not sham any of the Personal Information that you provide to us with any of the websites to which the Wehsite links, although we may share aggregate, non -Personal Information with those other third parties. Please check with those websites in miler to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice, Choices With Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out' ). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. 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Privacy Notice Effective: May 1, 2015 75F-21 Access and Correction To ikateas your Personal Information f l the ppss lou of iNF led Coaract inaecumilai; or that bifolti a'ilm In Par reco nit, please witaci io In the niinnwr apaoirled a# thin and or thio Pr1racy Notice,:.VVe Gar individual! ui Wanly, lhamselvras And die infoerivalmi tequonod to be accessed and aaacaided bciere promatiog auolr zugtwift end Avir niay declen, to process requests in Ituclted circ urnsaaees as permitted by applicable ravnoy logiabattnn, r ltfarnia Cr#is_ncXRighL Llrirar, Caltfrrntia's"Shing the l,lght" soy, callftsi'nia "$[demo who provide cinialn p¢rsniaily Idoldinobta Witionaatiou in connection aitb obtaining prrorYuats Or cervicus for paorauaat, fi#rl w honschtild use ora enlfH,041$4 retpneSt and Obtain linty 10 once A ualandal "orlrrfotutrtsian nbasa dee uoatomer Information Ave Abased, ItAny, voith otherliwsiriessea for lhetr ui n direct murketiag tires. If applleNile, Ihis itatitsafon would ioa gala die categovies of costumer incarrnatiaa and the names acid addressdy of those buslacsaea ivith eildeni let shared customer bilbrmatiion for ilia atnmadiately prior catondaryear to&, requUls mode in Zbl I will !naive $afarmutioa rggsrding 1014 gltatlagnnttsltiesj, 1b obtain #his i ipintnatioan ori WIMP of FNF,.pleasa Send oil euusil uiassapyl in ,InrtvccwuY�Gi rm Nvith "(totposl for CAPiarrnia Frrvonayx lnforloa ion" in the subject line and in She body orvaur message, Ivil tvid provide Ina tetguestod IoNriaatisa#t to you at your amail address Ill response, filings be ewamIlug not All irdertmolirn slur ng, is covered by 1lta'441 ae the LigV'rt juinCnranp5 and arty hifilouatloo a" covered shirringvrall be Wended In etre m maim ,Addltloo tly, bacnnse Aw array "111oot your 1'cAOMI Laforarnslica Twin these to Ilia% Cnliduraia's Onth e Vdvncy RroleattDa Aat i4 u`€rbg pa In siscloso low we respariel to "do not ovek" tenneses and ormy sjreilar moobuni5nis. (uuct4fiy,our policy is dei one dei not recagn w "do are track" loquotats from Internet bruwaerh and suuinai' ilavioes. im 111 the tralt)pnntitia Avb al Asc ,nay collaek pia ninrlisaiaa JOAN scry oIr is ua rallnvts, * F rs cowl Lu-INewie * property Address tjsepplrortre 1'aaShwat41 !,nasi Ninriu.:r $Sodas! Soearity- Numlov- onaslocal apun entry * UmailMdress I "Ebro. Seeuriii! Qpesiimis And a4ilmov; • fPAddresa ATTACHMENT '1 infargtsllau 4 irrcnnact, yag nuns! :contact ynnv:-mortgagr luau mlrrlcer CCN does got ailasm consumer information with Cut paridts Sather than 41M Avidr Avhi is Ibc muriguga lump servicer lora cnnitgclad to Inlerfuec svllltthe CrRapplication, All sections or ilia FIEF i rtvacy Notice apply to YourWnPactiun will, CCIq, eeccpt lair tl#o ociliagi titled Cholcem iviat Your fersamd, InfirrounioliandsAvcsg.anaCoaNdon [fYogiaaweq+ 5[larerrcgardtng ilia dialcesyup have v"itb regard byoty perminat m onliation or how to access of corrAcl your poraarval larormadon. You shop[!) contact yyour ratio lie lawn servicer, curt snake ally mpreacdiatieus or t4atrantics svlantsocver corcerning arty pnadac[,� or terrioea pirridedto you by Its avyiorlty owrmd, subaldlinho, In addlii+nt, ),on also expredly" 4900 tla tyoul, Erse or ilia 4VebaZe is At your aiva rbb, Any servitor pravlAW to you by r1detily National Financial, Ind, ignitor #Ito 'Vebsise are provided "tis is" red "us available" lbr your uso, vokhotl. r¢prismentalloas or vinrranUps of any kh±, ahfmr exports or imptled, anpusa such wumretIda mo Iugptly incapable of "chatoom VIddity Natural Financial,.fno, ucekes its mpiemeuaPwns or ivatriaLi ,t Obat env semb as provided to yon by it or the websple, or suit' aac'v'Ii`os oftsiod in contraction tw`ittt Ilse 6V"ehate are or "Ill icarain trmrrtiiia uptr.Q or creonfioe, that dafaair Will bre curroliansl, or lkat the Avail pages art oratarissed lhrourtli Ibi Websilo, or Ilia iervers escd lit connection Mich She Welidbi, arc or svlfl remain flee Rorsn any virirsuu, cornus, lima bustlis, drop dead devices, Trojan ko ace, or other barmfal oomp-tuasims. Any tiabtlhN, or,Fidelity National Finniaeiel, frac, And your exclusive eelncd5' with tospeet to the ago df any pooduct, or scrvicc provide by rideltty Nmktml I"dianotal, Isoi. Inoludiag on or nonmed fluouglr the Wel,eito, will be Iiia ic•porfariiasuice or suou wrV1ee found to be inadotiabu€. -. fig' subiniding FPrsonul lnPinisisun to SNF, you noised( to .ttr collection and ase of iorarauttton by us as spct'ltiad above Or As via onhoiovise 40 Fre, In eOMPTIunce with Illi: Privacy !'brim unless Yuri bifouri oat ptltititiase pry. mews al'#ire prvfict9ufc olso ddcd igbrvi. if m- decide to atrnripe this Piiviray, Native, Ave will snake -an droll to pest theca cholunts to tho kwebshe. P141 time.we collect Information foal) you balhavviop, #Cry ntnurtdri#=t+6 of tbffi Pr3trilCy Ahr#pea Will 5ikfi#j3' Toor. tment ie raid aeseptance as its WASH saruas far ad preiv'iously collected Fn{orrnation unit in€ormctiontulleuled from }tm in tho Native, We tory wo cennilreiftj Ant�nadon ire feurtbaok dbnf you atony sutuais in any Di anneof that Nye ItAy :hoose without notice OT 00my)4tnaLlLiV6 to yen. liyau 3iiAa vdi ittiaml sryueollwrs or eomaitalik. please let its know by fiv'iltEinlgyauar uoiiffiit'ns, aa'reques.ts to., Ftclelily^ Natlonel fanvra dei, Inc. 60t Itivcrslibs Atentra 3a ksteriville, tlwlila !teen Ann.Y;:phlefPr ivacgp o�pf icer (883) q,14. 9334 pC4YiaC'jt�tilrtij;CtFm 'rine hatlormlillon you submit is Ilsaia trinotsaYed to your rnvtMe Ione �opyrlshl 0 2015. Fidelity National Financial, the All Nglas sarvssu^sbyvvny'4fC'.C'AF,. tta'ria'uacl, The mortgage Joan -qvrWeer is reslinusado for tatting avAmi or €r,FFIFICTIV AS W`MAY 1,2019 a gdOoll ithangvs to any llnu macer #niaramdon sabrol#test through rl,ts vekastle. 1001, tcnrpipho If =nit believe that ya ur piaymedt er• riser Sri vary Notice E ll'etelx Ay 1, 2tt15 75F-22 ATTACHMENT 1 75F-23 oll - - - - - - - --- « (D O r14 » � � ® u ® 9 \/ , (D 41- aVQ 2z Ij wwm v �m ouiove a 75F-23 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 SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 18 OF TRACT NO. 1290, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 39 PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 004-111-22 75F-24 ATTACHMENT STATEMENT OF JUST COMPENSATION Assessor's Parcel: 004-111-22 Property Owner: Leticia Carrillo, as her sole and separate property Property Address: 1302 West 11th Street Santa Ana, California Location of Parent Property: Southwest corner of 11th Street and Bristol Street, within the corporate limits of the City of Santa Ana. Description of Parent The property is presently improved with a single family residence of Property: wood frame and stucco construction. The floor plan includes a living room, dining room, kitchen, three bedrooms, and one bathroom. The dwelling contains 1,308 square feet and was originally constructed in 1950. Other appurtenant on-site improvements located within the boundaries of the subject parcel include a legally permitted commercial building containing 410 square feet, single car garage, concrete paving, wood fencing, wrought iron fencing, and ornamental landscaping. Overall condition of the dwelling is rated fair -poor, considering the age. While the dwelling is presently occupied, it suffers from relatively extensive deferred maintenance and physical deterioration. Renovation and upgrading is necessary in order to maintain a competitive position in the market upon resale. The development is situated on a parcel containing 6,534 square feet of land area. Zoning: Bristol Street Corridor Specific Plan; the property has been considered and appraised under the previous zone classification of C-5 (arterial commercial) as a means of avoiding project influence. Topography: Effectively level topography. Utilities: In place at site. Highest and Best Use: Highest and best use is defined as the reasonably probable and legal use of land, which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Commercial development. As improved: Existing use 75F-25 ATTACHMENT STATEMENT OF JUST COMPENSATION Date of Value: December 19, 2016 Public Use for Property: Bristol Street Improvement Project. Estate to be Acquired: Fee simple acquisition of entire subject property. Legal Description: Lot 18, Tract No. 1290, per map recorded in Book 39, Page 39 of Miscellaneous Maps, in the office of the County Recorder, County of Orange, California. Area to be Acquired: Market Value: 6,534 square feet. $575,000. 75F-26 Summary of the Basis for Just Compensation There are three conventional methods (approaches) which can be utilized to estimate value. They are the Sales Comparison Approach, Cost -Summation Approach, and Income Capitalization Approach. The Sales Comparison Approach has been applied to the subject property for the purpose of estimating the value of the main dwelling. Certain elements of the Income Capitalization Approach have been employed herein in order to determine the contributory value applicable to the rear commercial building. The Cost -Summation Approach is without meaningful application due to the age and nonconforming status of the existing development and resultant difficulty in accurately estimating accrued depreciation. Sales Comparison Approach: The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the Principle of Substitution, which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in making the substitution." Thus, the Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. The Sales Comparison Approach has been applied to the subject property after an investigation and analysis was conducted of single family residential properties located within the immediate and general subject market area. Following is a summary of those sales considered helpful when estimating the value of the subject property as presently improved. 75F-27 Dwelling On-site Land/Bldg. $/SF Land Data Date Lot Size Size Br/Ba Built Parkino Ratio Sale Price /SF Dwel. 1. 5-16 5,175 sf 1,264 sf 3 br/l be 1918 2 -gar. 4.09:1 $405,000. $ 78.26 405 Franklin Street, Santa Ana $320.41 2 6-16 7,239 sf 1,314 sf 4 br/2 be 1954 2 -gar. 5.51:1 $42500. $ 58.71 1402 West Pine Street, Santa Ana $323.44 3. 7-16 6,000 sf 1,358 sf 3 br/2 ba 1949 2 -gar. 4.42:1 $479,000. $ 79.83 1522 West Washington Avenue, Santa Ana $352.72 4. 8-16 6,659 at 1,279 sf 3 br/2 be 1948 open 5.21:1 $491,000. $ 73.73 1710 West 11 " Street, Santa Ana $383.89 5. 10-16 5,112 sf 1,235 sf 3 br/l ba 1941 2 -gar. 4.14:1 $418,000. $ 81.77 1016 North Flower Street, Santa Ana $338.46 6. 10-16 6,120 sf 1,249 sf 3 br/2 be 1954 2 -gar. 4.90:1 $530,000. $ 86.60 1806 West 15th Street, Santa Ana $424.34 75F-27 ATTACHMENT All of the properties surveyed are located within the immediate and general subject market area. The properties contain dwellings ranging in size from 1,235 to 1,358 square feet of living area, and were originally constructed between 1918 and 1954. The floor plans range from 3 bedrooms/1 bathroom to 4 bedrooms/2 bathrooms. The parcels range in size from 5,112 to 7,239 square feet of land area. After viewing each of the sale properties, and verifying details of the various transactions, the primary unit of analysis employed herein is the overall purchase price. Two other factors developed from the residential sale properties were utilized as secondary units of analysis; they are the (1) overall purchase price per square foot of land area, and (2) overall purchase price per square foot of building area. The overall purchase prices range from $405,000 to $530,000. The purchase prices produce a range of value of $58.71 to $86.60 per square foot of land area, and $320.41 to $424.34 per square foot of dwelling area. The land/building area ratio was also considered in the analysis of the improved residential sale properties when compared to the subject property. The subject property has a ratio of 5.00:1. As can be noted, the land/building area ratios of the sale properties range from 4.09:1 to 5.51:1. All of the sales employed herein conveyed title to the fee simple interest, and represent arm's-length transactions. Financing terms of each sale were typical of the subject market area. Adjustments are not warranted for property rights conveyed, conditions of sale, or financing terms. Certain of the sale properties considered extended over a time period back to the second quarter of 2016. The time frame permitted the development of a rather comprehensive real estate market profile. The improved sale properties employed in this study are set forth in chronological order, and took place between May, 2016 and October, 2016. Inasmuch as the sales took place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: General location. Immediate environmental influences Zoning. Land size and configuration. Dwelling age and condition. Type/capacity of on-site parking. Vehicular and pedestrian access. Topography, view amenity. Dwelling size. No. of bedrooms/bathrooms. Construction quality. Extent of on-site improvements. A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the 75F-28 ATTACHMENT characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. The Relative Comparison Analysis is similar to paired data analysis without the use of arbitrary or unsupportable quantitative adjustments. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof. Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in making the analysis of each property. The immediate environmental influences, land area, effective dwelling age/condition, overall construction quality, dwelling size, number of bedrooms/bathrooms, parking capacity/type, and extent of other on-site improvements were considered the most important factors in the subject case. Overall marketability of each sale property was also considered. Marketability is the practical aspect of selling a property in view of all the elements constituting value, and certain economic and financing conditions prevailing as of the date of sale. Allowance was made for these factors when considered applicable. All of the sale transactions employed herein were considered helpful in the valuation analysis of the subject property. Following is a summary relating the overall comparability of the individual sale properties to the subject site: Based on the foregoing, the value of the subject property, as indicated by the Sales Comparison Approach, is estimated at $460,000, which reflects $70.40 per square foot of land area, and $351.68 per square foot of dwelling area. 75F-29 Overall Data Comparability Sale Price 1 inferior $405,000. 5 inferior $418,000. 2 inferior $425,000. Subject - - - - $460,000. 3 similar $479,000. 4 superior $491,000. 6 superior $530,000. Based on the foregoing, the value of the subject property, as indicated by the Sales Comparison Approach, is estimated at $460,000, which reflects $70.40 per square foot of land area, and $351.68 per square foot of dwelling area. 75F-29 ATTACHMENT Contributory Value of Commercial Building: Certain elements of the Income Capitalization Approach have been employed herein to estimate the contributory value of the rear commercial building which contains 410 square feet of usable area. The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated. The net operating income is the product of the estimated gross rental income, less various expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. The capitalization rate employed in this study has been developed by an analysis of certain sale properties wherein the net income was available to determine the overall capitalization rate. Following is the income and expense schedule considered applicable to the subject property. Monthly rental income: 410 SF @ $1.85 = $759. Total gross annual income: $759 x 12 = $9,108. Vacancy and credit loss (3.0%): - 273. Effective gross annual income: $8,835. Annual expenses (32%): -2,827. Net annual operating income: $6,008. Capitalization of net income: $6,008 capitalized at 5.25% _ $114,438. Adjusted: $115,000. Final Estimate of Market Value: Based on (1) an analysis of the various sale and rental properties employed herein, (2) the overall condition, quality, and features of the subject property, and (3) current real estate market conditions in the general market area, the market value of the subject property in as -is condition, as of the date of value set forth herein, is estimated as follows: Single family residence: $460,000. Contributory value of commercial building: 115.000. Total market value of subject property: $575,000. 75F-30 ATTACHMENT APN: 004-111-22 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 75F-31 ATTACHMENT APN: 004-111-22 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. 75F-32 ATTACHMENT E ^\{ƒ�. \ \ : » � �, / \ \ }\\ .,. \� ��\\�\/ w a.. <TA w Public Works Agency 75F-33 ATTACHMENT 5 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. 75F-34 TABLE OF CONTENTS ATTACHMENT PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGFIT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES TFIE 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 FIAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THF CITY'S STATEMENT OF THE BASIS FOR PTS DETERMINATION 2 OF JUST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY I FIAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER, IIOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THF CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WFIAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75F-35 ATTACHMENT WHY IS MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street. WHAT RIGHT DOES 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 rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the 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. 75P-36 ATTACHMENT HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: • How it compares with similar properties in the area that have been sold recently. • How much it would cost to reproduce the buildings and other structures, less any depreciation. • How much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES TILAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: 75F'-37 ATTACHMENT • The recognized definition of the term "fair market value" or the equivalent term. • 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 reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ann, Public Works Agency, 20 Civic Center Plaza M-36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT 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 firlly justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 75F;-38 ATTACHMENT 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. IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the 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 determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can 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 75F`-39 ATTACHMENT 5 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 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of. Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 75Fs-40 ATTACHMENT 5 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. CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? YFS. 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 fair 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. 75F641 ATTACHMENT 5 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: (I) 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. (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill' consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or 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. 75R-42 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. 75F-43 I gu� n 0 '9 a m IN. re co u 0, 0 '9 a m IN. ATTACHMENT 6 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page 1 aft NONDISCRIMINATION STATUTES • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides; "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U,S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification 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 TILE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCREvUNATION 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) 75F-46 ATTACHMENT TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page 2 cf2 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 pail, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment ander color of State law." Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, 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 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 75F-47 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 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 fort, 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 Specify: Language spoken, if other than English: 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 75F-48 ATTACHMENT 6 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to fha Fatleml Privacy Act (P.L, 93 579) antl the Infennailon Pr.cacss Acl of 197] (Cidl Coda Sections 1798 at seq.J, notice Is hereby given for the request of personal information by this form. Tha requested persenal lntonnallon is voluntary. The principal purpose of the voluntary lnformallon is to fadlliate Ne processing of this forth. Thera to protide all or any part of the requaslad Information may delay processing o! This Conn. No tllsclosura of personal lnformallon will be made unless pennlsslble untler Adiela e, Section 179824 of the IPA of 19]]. Each Indiddual has the tlgm upon request antl proper itlenbOrafion, fo inspad all personal information In any record mainfalnetl on lh.1rdlddual b an identif in articular, Olrect an in uiries on lnfaonesen maintenance to our lPA Otfce. Dist Co BASIS OF DISCRIMINATION Rte Post ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low -Income ❑ Nan-Englisb Speaker Provide dete(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 (ifKnosm) responsible for the action, decision or condition of alleged discrimination Provide suppoRing information known to complainant in support of his/her allegation Identify possible witnesses whom the complainant believes can provide factual information about this allegation State the action requested by complainant 75F-49 1 El 4LOJI a `91 �,�$�` •mus �Ji S.J'^'t t.iq M a.1lC. YI4`l%putir Wlip`{Ituut' lt,uAmt rV6,pp u� u� 1?tu�rvtiul�nti.rwel.li3. Ppb 1.0.40LO IjWd• ItUJtkEfYLLId' EFI.I 4Rl ti 61�:k� 11 Xftl#PFT �47m . e T '4- ' -4mv qq P471 Wth i kahhon ya yangin Out trignu' rntlStOUTA pat tia€ tngnu' kurnenws Chatuorn). tlffi tiprla I - Wna&c ovaaj kvadrata6 uko gttaW i1i goVurlte la�vatski jOs k, Za&vtncte tato kslonka, pokud Mete a hovdite cesky. Kn is d t vakje Baan nls a Nederlands ]cunt lezen of s preken. El Mark this box ii'you mid or speak Etiglkh. 75F-50 1. Arabic 2. Armenian I Bengali 4, Cambodian 6, Chamorrrr 6. SimplIfled Chinese 7. TraditIona l Chinese S,Crcatian 9. Czech 10. Dutch 11. Bngllsh 1, Fars! ATTACHMENT 6 75F-51 e'anamlarsonU.S.CENSUSBUREAU 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 frangais. Kreuzen Sic dieses Kastchen an, wenn Sic Deutsch lesen oder sprechen. Eilµctd�ats auto ro naaiato av Stapck�ETE n µJ.&ie E),XgVLIC&. Make kazye sa a si ou li oswa on pale kreyol ayisyen. 377 3Trq fr-�t t7�r W qU UTt i j c?t iTU W-FFf UR 4T i3TF7 1 Kos lub voj no yog koj paub twm thiab hail lus Hmoob. 7elolje meg ezt a kockit, ha megerd vagy beszeli a magyar nyelvet. Markaam daytoy nga kation no makabasa wenno makasaoka iti Ilocano. El Marchi questa casella se legge o parla italiano. ❑ a1'�i Olz OVAL+ V* er V21 01 boll RAI ol AdA]i. 2mw�u2ai;e0u t1�ui�ue�u�nU�nw�a�a�o. Prosimy o zaznaczenie tego kwadratu, jezeli posluguje sig Pan/Pani jgzykiem polskim. 75F-51 e'anamlarsonU.S.CENSUSBUREAU 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 le ou fala portugues. ❑ Insemnali aceasta casula data citili sau vorbili romaneste. HomeTbTe aTOT KsagpaTHK, ecru BbI *41YPwTe xnx rosop>3Te no-pYCCX14 F06enex xTe osaj KBappamh yxorlxxo �IxTaTe xnx rOBOpxTe cpncKu je3Hx. Oznacte tento "stvorsCek, ak viete cftafalebo hovorit'po slovensky. ❑ Marque esta casilla si lee o habla espahol. ❑ Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. ®`iwlmtRVOausntla�tuvoaii�ri�uoTuu'sow�HnTrt�`1wu. ❑ Maaka 'i he puha ni kapau 'oku ke lau pe lea fakatonga. ❑ BiAMITbTe U10 KniTHIIKy, 51KUr 0 813 �IHTacre a6o rOBOpHTe yl(palHC6KOI0 MOBOIO, ❑ ❑ Xin danh ddu vao o nay n6u quy vi biet doe va n6i dtioc Viet NgCf. ❑ .V' -Px u7Yl 1Y,N UV))vx ]>lN 5u0Y7 OwT v7711.Yx] DH -3309 U.S. DEPARTMENT OF COMMERCE 75F-52 EmnomksanUS.CEaSUSBUREAU U.S. CENSUS BUfiEAU 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 ATTACHMENT Enter you rTINck inthe appropriate box.idU UN prosyou Moor marchsin Ung bar r($S ). •„� ,.u,,.- ....- � _L—t--� - to avoid backup withholding. For Individuals, this is your social securtty number (SSN). However, for a resident alien, sole proprietor, or dlsregarded entity, see the Part I instructions on page 3. For other entitles, it Is your employer identification number (EIN), If you do not have a number, see How to get a TIN on page 3. M Nate. If the account is In more than orae name, see the chart on page 4 for guidelines on whose Employer Identification number I I I number m enter. �'me, Po, w,.,o�... r...q...n • __...., ._.... 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting fora number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a US, citizen or other U.S, person (defined below), and 4. The FATCA code(s) 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 dividends on your of debt, contributiorano6otiono, Item 2 does not ns to an Individual retirement apply. nFor ot (IRA), and Interest paid, nentsioth or abandonment of secured property, nannranv. navmenls other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the on Here General Instructions Section references are to the Internal Revenue Corte unless etherise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at wwwIns .govlwg, Information about any future developments affecting Form W-9 (such es legislation 6, send after We release 11) will be posted on that page. Purpose of Form A person who Is required to file an Information realm with the IRB must obtain your correct aid to you, paymxents; made tlfication number o you In sad ement o)ftpayment cardlot x ndthird party Incomenetwork transactions, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured properly, canoellallon of debt, or contributions you made to an IRA. Use Form W-9 only If you ara 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 the TIN you are giving Is correct for you are waiting for a number to be Issued), 2. CenUy that you ere not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. II applhabie, you are also certifying that as a U.3. person, your allocable skate of env rmm emhln Income from aU,S. bade or business Is not subject to the Date P withholding tax on foreign partners' share of effectively connected income, and 4. Cedilythat FATCA codes) entered on this farm (if any) Indicating that you we exempt from file FATCA reporting, Is oonect. Note. If you are a U.B. parson and a requester gives you a form other than Form W-9 to request your"IN, you must use the requester's form if it Is subatantielly similar to this Form W -e. Definition of a U,S, person. For federal tax purposes, you are considered a U.S. person If you are: • An Individual who is a U.S, citizen or U.S, resident ellen, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or •,A domestic trust (as dellned in Regula Ions section 301.7791-7). Special rules for partnrships. Partnerships that conduct a trade or business In the United States are rienerelly required to pay a withholding tax under section 1446 on any foreign Waste' share of effectively connected taxable Income from such business. Further, in certain cases where a Form W-9 has net been received, the rules under section 1446 require a partnership to presume that appartner Is a foreign person, and pay the section 1446 withholding lax. Therefore, If you re a U.B. person that Is a partner In a partnershlp conducting a trade or business In the Un0ed States, provide Form W-9 tothe prmershlp to establish your U,S, statue and avoid section 1446 withholding on your share of pennrehip Income. Cat. No. 10231X 75F-53 rum, (Rev, 9-2013) ® Request for Taxpayer Give Form to the Foran (Rev. August 2013) identification (dumber and Certification requester. Do not send to the IRS. Department of the Treasury Internal Revenue Service Name (as shown on your Income iaz rehun) Business name/dlsregarded entity name, if dl rarenlfrom above m Exemptions (see lnstnlCllons: ° o Check appropriate box for federal tax classiticatlon: ❑ IndMdual/sole proprietor ❑ C Corporation ❑ S Corporation 0 Parimushlp ❑ TrusUestatu y Exempt payee code Qf any) 0 '� ❑ Limited liability company. Enter the tax classification (0=0 comorellon,S=B corporation, P=padnership)> Exemption from FATCA reporting a code (if any) a a ;� ❑Other (see instruollona)► Address (number, street, end epi, orauIto a0J Requesters room, and address (optional) v City, state, and 21P code m List account namber(s) here (optional • Taxpayer Identification Number TIN) „•___„„ social armadillo, number Enter you rTINck inthe appropriate box.idU UN prosyou Moor marchsin Ung bar r($S ). •„� ,.u,,.- ....- � _L—t--� - to avoid backup withholding. For Individuals, this is your social securtty number (SSN). However, for a resident alien, sole proprietor, or dlsregarded entity, see the Part I instructions on page 3. For other entitles, it Is your employer identification number (EIN), If you do not have a number, see How to get a TIN on page 3. M Nate. If the account is In more than orae name, see the chart on page 4 for guidelines on whose Employer Identification number I I I number m enter. �'me, Po, w,.,o�... r...q...n • __...., ._.... 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting fora number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a US, citizen or other U.S, person (defined below), and 4. The FATCA code(s) 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 dividends on your of debt, contributiorano6otiono, Item 2 does not ns to an Individual retirement apply. nFor ot (IRA), and Interest paid, nentsioth or abandonment of secured property, nannranv. navmenls other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the on Here General Instructions Section references are to the Internal Revenue Corte unless etherise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at wwwIns .govlwg, Information about any future developments affecting Form W-9 (such es legislation 6, send after We release 11) will be posted on that page. Purpose of Form A person who Is required to file an Information realm with the IRB must obtain your correct aid to you, paymxents; made tlfication number o you In sad ement o)ftpayment cardlot x ndthird party Incomenetwork transactions, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured properly, canoellallon of debt, or contributions you made to an IRA. Use Form W-9 only If you ara 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 the TIN you are giving Is correct for you are waiting for a number to be Issued), 2. CenUy that you ere not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. II applhabie, you are also certifying that as a U.3. person, your allocable skate of env rmm emhln Income from aU,S. bade or business Is not subject to the Date P withholding tax on foreign partners' share of effectively connected income, and 4. Cedilythat FATCA codes) entered on this farm (if any) Indicating that you we exempt from file FATCA reporting, Is oonect. Note. If you are a U.B. parson and a requester gives you a form other than Form W-9 to request your"IN, you must use the requester's form if it Is subatantielly similar to this Form W -e. Definition of a U,S, person. For federal tax purposes, you are considered a U.S. person If you are: • An Individual who is a U.S, citizen or U.S, resident ellen, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or •,A domestic trust (as dellned in Regula Ions section 301.7791-7). Special rules for partnrships. Partnerships that conduct a trade or business In the United States are rienerelly required to pay a withholding tax under section 1446 on any foreign Waste' share of effectively connected taxable Income from such business. Further, in certain cases where a Form W-9 has net been received, the rules under section 1446 require a partnership to presume that appartner Is a foreign person, and pay the section 1446 withholding lax. Therefore, If you re a U.B. person that Is a partner In a partnershlp conducting a trade or business In the Un0ed States, provide Form W-9 tothe prmershlp to establish your U,S, statue and avoid section 1446 withholding on your share of pennrehip Income. Cat. No. 10231X 75F-53 rum, (Rev, 9-2013) Farm W-9 (Rev. B-2013) In fila cases below, the following person must give Form W-0 to the partnership for purposes of establishing Its V.S. status and avoiding withholding on Its allocable share of net income from the partnership conducting a trade a business In the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity end 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 US. owner of the grantor trust and not the trust, and • in the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. Ilyyou are a foreign person or the U.S, branch of a foreign book that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pubtleatton 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes o resident alien. Generally, only nonresident effort individual may usolhs forms of a tax treaty to reduce or eliminate U,S. tax on certain types of income. However, most tax trestles contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of Income even after the payee has otherwise become a U.S. resident alien for tax purposes. It you are a U.S. resident often who Is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of Income, you must attach a statement to romp W-9 that specifies the following fivo items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the Income. 3. The article number (or robotic n) In the tax treaty that contains the saving claims and Its exceptions. 4. The type and amount of Income that qualifies for the exemption from tax. 6. Sufficient facts to justify the exemption from lax under the terms of the treaty article. Example. Article 20 of the U.S: China income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student temporarily present In the United Slates. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay In the United Slates exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S,-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the ilret protocol) and Is relying on this exception to claim an exemption from lax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the Information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropdale completed Form W-8 or Form 8233. What is hookup withholding? Persons making coach payments to you must under certain conditions withhold and pay to the IRS a percentage of such peymenis, This is called -backup withholding' Payments that may be subject to backup withholding Include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemptoyea pay, payments made In saltlament 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 requester, 2. You do not certify your TIN when required (see the Part II Instructions on pago 3 for details), 3. The IRS tells the requester that you furnished on Incorrect TIN, 4. The IRS tells you that you are subject to backup wlthholding because you did not report all your Interest and dividends on your tax return (far reportable Interest and dividends onM, or 5, You do not codify to the requester that you are not subject to backup withholding under 4 above (far reportable Interest and dividend accounts opened after 1933 only). Certain payees and payments are exempt from backup withholding, See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more Information. Also see Special rules forpadnemhips on page 1. What is FATCA repo ding? 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 are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the'instmctfons for the Requester of Form W-0 for more Information. ATTACHMENT 7 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 are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 If the name or TIN changes for the account, for example, If the grantor of a grantor trust dies. Penalties Failure to furnish TIN, I I you fall to furnish your correct TIN to a requester, you are subject to a penally 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 for Calcifying Information. Willfully falsifying codifications or aifirmallons may subject you to cdminal penalties Including ones and/or Imprisonment. Mfsuee ofTINs. If the requester discloses or uses TINS In violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown an your Income tax return. However, If you have changed your last name, for instance, due to marriage 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 nswlastname. If the account is In joint names, list first, and then circle, the name of the person or entity whoua number you entered In Pad I of the farm, Sole proprietor. Enter your Individual name as shown on your Income tax return on the "Name" fine. You may enter your buainess, trade, or "doing business as (CBA)" name on the "Business nama/disregarded entity name" Pro. Padnerahlp, C Corporation, or S Corporation. Enter the entity's name on the "N:une" line and any business, trade, or "doing business as (DBA) name" on the "Business nameldleregarded entity name" line. Disregarded entity. For U.S, federal tax purposes, an entity that Is disregarded as an entity separate from Its owner is treated so a "disregarded entity." See Regulation section 301.770i -2(c)(2)(1111, Enter the owner's name on the "Name' line. The name of the entity entered on the "Name" Ilne should never be a disregarded entity. The name on tha "Name" line must be the name shown on the Income lax return an which the Income should be reported. For example, If a foreign LLC that is treated as a disregarded amity 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 dlorogarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name an the "Business nalneldlsregardod entity name° fine. If the owner of the disregarded entity la a foreign person, the owner must complete an appropriate Form W-8 Instead of a Fano W-9. This is tho case even If the foreign person has a U.S. TIN. Note. Check the appropdote box for the U.S. federal tax classification of the person whose name is entered on file "Name" line (IncilviduaVsoie proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person Idondfled on the "Nam" Los Is on LLC, check the "Limited liability company" box only and enter the appropriate code for the U.S. federal tax classification In the space provided. If you are an LLC that is treated as a partnership for U.S. federal tax purposes, enter "P" for nadnemhio. If you are an LLC that has filed a Form 3832 or a Form 2563 to be appropriate. If you are an LLC that is disregarded as an coal 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" lino) is another LLC that Is not disregarded for U,S. federal tax purposes. If the LLC la disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner Identified on the "Name" line. Other entities. 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.enter any business, trade, or DBA name on the "Business name/disregarded entity name' line. Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter In the Exemptions box, any code(s) that may apply to you, See Exempt payee code and Exemption from FATCA reporting code on page 3. 75F-54 ATTACHMENT Form W-9(Rev, B-2013) Pace Exempt payee code. Generally, Individuals (Including sale protrusions) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as Interest end dividends, Corporations are not exempt from backup withholding for payments made In scettomont of payment card or third party network transections. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following codes Identify payees that are exempt from backup withholding: 1—An orgenkalfon exempt from tax under section 601(a), any IPA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(fj(2) 2—Tho United States or any of Its agencies or instrumentalities 3—A state, the District of Columbia, a possession of the United Stales, or any of their political subdivisions or instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or Instrumentalitles 6—Acorporation 6—A dealer In securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States 7--A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate Investment trust 9—An entity registered at all times during the lax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) I t—A financial institution 12—A middleman Imewn In the Investment community as a nominee or custodian 13—A trust exempt from tax under motion 664 or described in section 4947 The following char[ shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees haled above, 1 through 13. IF the payment is for... THEN the payment Is exempt for.. Interest and dividend payments All exempt payee a except for? 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 t through 4 pal ronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over$6,000' 1through 6s Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions 'Seo Farm 1099-MISC, Miscellaneous Income, and its Instructions. However, the folfowing payments made to a corporation and reportable on Form 1099-MISC are not exempt from It culotte withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an allarney, and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following cedes Idenllfy payees that are exempt from reporting under FATCA. These codes appy to persons submitting this form for accounts maintained outside of the United States by cartaln foreign financial Institutions, Therefore, It you are only submitting this form for an account you hold In the United States, you may leave this field blank. Consult with the person requesting this rami If you are uncertain If the financial Institution Is subject to those requirements. A—An organization exempt from tax under section 501(e) or any Indlvldual retirement plan as defined in section 7701(x)(37) H—The United States or any of Its agencies or Instrumentalities C—A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrumentalities D—Acorpomlion the stock of which Is regularly traded on one or more established securities markets, as described In Reg, section 1.1472-f(c)(1)(1) E—A corporation that Is a member of the same expanded affiliated group as a corporation described In Reg. section 1.1472-1(a)(t)l7) F—A dealer in securities, commodities, or Of effective financial Instrumords (Including notional principal contracts, futures, forwards, and options) that la registered as such under the laws of the United Slates or any state G—A real estate investment trust H—A regulated Investment company as defined in section 861 or on entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined In section 684(a) J—A bank as defined In section 681 K—A broker L—A trust exempt from tax under section 664 or described In section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Part I, Taxpayer Identification Number (TIN) Enter your TIN in the appropdom box. If you aro a resident all and you do not have and are not eligible to get an SEN, yourTlN Is your IRS Individual taxpayer Identification number (ITIN). Enter it In the social security number box. (f you do not have an ITIN, so Now to get a 7/N below. If you arc a sale proprietor and you have an FIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-membor LLC that la disregarded as an entity separate from Its owner (sea LimitedVab/illy Company (LLC) on page 2), enter the owners SSN (or FIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity'a EIN. Notc, See the chart on page 4 for further clarification of name and TIN combinations, How to gel a TIN. If you do not have a TIN, apply for one Immediately. To appy for an SSN, get Farm SS -5, Application for a Social Security Card, from your local 600lat Security Administration office or get this farm online at www.ess.gov. You may also get this farm by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form 88-4, Application for Employer Identification Number, to apply for an EIN. You con stepy for an EIN online by accessing the IRS website at www,lr afrov/buslnesses and clicking on Employer Identificatlon Number (EIN) End at Staging a Hcoinage. You can got Forms W-7 and SS -4 from the IRS by visiting IRS,gov or by calling 1.800 - TAX -FORM (1000.829-3676). It you are asked 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 dale the form, and give It to the requester. For Interest and dividend payments, and certain payments made with respect to readily laudable instruments, generally you will have SO days to got a TIN and give it to the requester before you are subject to backup withholding on payments. The 80 -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 For' means that you have already applied fora TIN or that you Inland to apply for one soon. Caution: Adisregarded US, amity that has a foreign owner must use the appropriate Form W-8. 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 5 below Indicate athonvise. For ajolnt account, only the person whose TIN Is shown In Part I should stint (when required), in the case of a disregarded entity, the person Identified on the "Name" line must sign. Exempt payees, see Ekemptpsyee code earlier. Signature requirements. Complete the cerUfcatlon as Indicated In Items i through 6 below. 1. Interest; dividend, and barter excite ago accounts opened before 1984 end broker accounts considered active during 1983. You must give your correct TIN, but you do net have to sign the certification. 2. interest, dividend, broker, and barter exchange accounts opened akar 1083 and broker accounts co tendered Inactive during 1983. You must sign the cedlflostion or backup withholding will apply. if you erg subject to backup wllhholding and you are merely providing your correct TIN to the requester, you must areas out Item 21n the certiflcatfan before signing the form. 3, Real estate transactions. You must sign the codification. You may cross out Item 2 of the certiflcalion. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. "0ther psymanta" Include payments made In the course of the requester's trade or business for rents, royalties, goods (ether 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 fisherman, and grace proceeds paid to attorneys (Including payments to corporations). 5. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tul lon program payments (under septic 629), IRA, Cevardell ESA, Archer MSA or HSA contributions or dislributlens, and pension distributions. You must give your concept TIN, but you do not have to sign tha osmication. 75F-55 ATTACHMENT Form W-9 (Rev. 0-2013) Page 4 What Name and Number To Give file Requester For this type of account: Give name and SSN of 1. Individual The Individual 2.Two or more Individuals point The actual owner of the accoumtor. account) If combinod funds, the That Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minom Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor is also trustee) lb, So-called trust account that is Tho actual owner' not a legal or valid trust under state law 6. Sole proprietorship or disregarded Tile owner' entity owned by an Individual 6. Grantor trust filing under Option[ The grantor' Form 1099 Filing Method 1 (see Regulation section 1.671-4(b)(2)(1)(A)) For this type of account; Give name and EN of: 7, Disregarded entity not owned by an The owner Individual 8. Avalld trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10.A6soafation, club, religlom, The organization charitable, educational, or other tax-exempt organization 11. Partnership or multi -member LLC The partnership 12, A broker or registered Dammed 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 receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Fling Method or the Optional Form 1009 Filing Method 2 (sae Regulation section 1.67'1.4(b)(2)@gl)) List first and circle the name of the person whose number you furnish. It only one parson on a Joint account bass an SSN, that parser's number must be fumunod, aCma, the minors name antl human the minnr'a Sun. °You must show ycurindlvlMul name and you mny also anter your business cr °bort" name ei am "Business namNdaregardeq emIW name line. You may use anew yourSSN or EIN In you have ono), but the IRS encouraged you to use your SSN. List f r amt dela the mamof thahust, estate, or pension trust. (Del tout fumieh the TINof the personal mram m ntive or Trustee unless the legal entity ifi ell b andmigmmed In the ou:ount line.) Also sae apeallunt es for am n slaps on legal. 'Nate. Desoto, him most puneda a Form WJr to lona o mf trust. Note. if no name Is elected when mora than one name Is listed, the number will be considered to be that of the Ilret name listed. Secure Your Tax Records from Identity Theft Identity theft occum when someone uses your personal Information such as your name, social security number (SSN), or other Identifying Information, without your permission, to commit fraud or other crimes, An Identity thief may use your SSN to get a lob or may rile a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer Is protecting your SSN, and • Be careful when choosing a tax proparer. If your tee records ore affected by Identity theft and you resolve 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 are at risk due to a last or stolen puma or wallet, questionable credit card activity or credit report, contact fire IRS Identity Theft Hotline at 1.600-908.4490 or submit Form 14039, For more Information, see Publlcation 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing economic harm or a system problem, or are seeking help In resolving tax problems that have not been resolved though normal channels, may be eligible for Taxpayer Advocate Service CTAS) assistance, You can reach TAG by calling the TAS toll-free case Intake line at 1-877-777-4778 or TfY/TDD 1-800-11059. Protect yourself Trani auspicious smalls or flushing schemes, Phisliingethe creation and use of small and websites designed to mimic legitimate business .mails and whistles. 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 then. The IRS does not Initlat. contacts with taxpayers via emalls. Also, the IRS does not request personal detallad Information through amull or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you resolve an unsolicited email claiming to be from the IRS, forward this message to phlshfDoWni gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1-800-366.4404. You can forward auspicious smalls to the Federal Trade Commission alb spam®Oco.gov or contact them at wornb7c,govlldihafl or 1.877 I DTH EF- (1-077-438A:138). Visit IRG.gov to learn more about identify gtefl and how to reduce your risk ' Privacy Act Notice Section 6169 of the Internal Revenue Cade requires you to provide your cement 'FIN to persons (Including federal agencies) who are required to fie Information returns with the IRS to report Interest, dividends, or certain outer Income paid to you; mortgage interest you paid; the acqulsfllon or sbandonmmnt of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or IISA. The person collecting this form uses the Information on the fan to file Infnrmmtion returns with the IRS, reporting the above information. Routine uses of this Information Include giving It to the Department of Justice for civil and criminal litigation and to cities, stales, the District of Columbia, and U.S. commonwealths and possessions for use In administering their lavrs, The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat tenoram. You must provide your TIN whether or not you are required to ilio a tax return. Undor section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. 75F-56 m rg ® O 0 0 r - 'J V Y d M O O Y rl o R •y O G namaeenmim9EWYlYYY�&YY J ei N 75F-57 W Q N � N � ;S W [L N(n fG 1 Na Vk�1Y OTa J c `v V Iz ° Q v O 14L N 0) C c{ U O r0 m OHM III, 75F-58 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 1302 W. 11th STREET (APN 004-111- 22) 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 75F-59 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 1302 W. 11th Street (APN 004-111-22), 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 75F-60 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: J M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75F-61 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 75F-62 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows; Lot 1,8 ofTr_sct No. 1290, in the City of Santa Ana, County of Orange, State of California, as per inap recorded in Eok 39 vane 39 of Miscellaneous- maps, in the Office of the County Recorder of said County. APN: 004-111-22 75F-63 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 E- 'J31y" —F Resolution No. 2017 -XXX Page 6 of 6 . ..... .... 75F-64 G, %�� }\����\)� .� �\ F Resolution No. 2017 -XXX Page 6 of 6 . ..... .... 75F-64