HomeMy WebLinkAbout75H - PH - RESO NECESSITY 2205 S BRISTOLREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 20, 2017
TITLE:
PUBLIC HEARING — RESOLUTION
DETERMINING PUBLIC INTEREST AND
NECESSITY FOR THE ACQUISITION OF
REAL PROPERTY AT 2205 SOUTH
BRISTOL STREET (PROJECT NO. 116741)
(NONGENERAL FUND)
(STRATEGIC PLAN NOS. 6, 1G; 3,2C)
CITY ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1si Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the condemnation of the entire real property located at 2205 South
Bristol Street (APN 015-194-24) declaring the public necessity and interest therefore.
DISCUSSION
Bristol Street is a major north -south transportation facility which is designated as a major arterial
highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol
Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is
being constructed in several phases. Improvements include widening the street from two to three
lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is
acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint
Andrew Place. Property acquisitions for this phase are expected to be completed by spring
2018, and construction is anticipated to begin in summer 2018.
To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2205
South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort
to negotiate with the property owners and their representatives for the past 15 months. A good
faith offer was made on January 30, 2017, in the amount of $435,000 (Exhibit 2). The Public
Works Agency has made, and will continue to make, every effort to reach a settlement with the
property owner. However, to maintain the Bristol Street Improvements project schedule and
meet the funding requirement to commence construction in summer 2018, staff is requesting
adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings
while negotiations continue.
75H-1
Public Hearing — Resolution Determining Public Interest and
Necessity of Property at 2205 S. Bristol Street
June 20, 2017
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans).
Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development,
Objective #2 (create new opportunities for business/job growth and encourage private
development through new General Plan and Zoning Ordinance policies), Strategy C (support
business development and job growth along transit corridors through the completion of critical
transit plans/projects).
ENVIRONMENTAL IMPACT
In 1990, City Council approved the Bristol Street Final Environmental Impact
Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design
modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an
Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental
Quality Act by City Council on April 7, 2015.
FISCAL IMPACT
Funds in the amount of $435,000 are appropriated in the Bristol Street Improvements Project
(No. 116741) for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY
2016-2017 from the following funds: $366,650 in the Select Street Construction Fund (Account
No. 05917660-66100), and $68,350 in the Measure M2 Street Construction Fund (Account No.
03217663-66100).
re Mousavipour
Executive Director
Public Works Agency
FM/EWG/JG/ML-
Exhibits: 1. Location Map
2. Offer Letter
3. Resolution of Necessity
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
75H-2
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SAINTA ANA RESOLUTION DETERMINING PUBLIC
CITY COUNCIL INTEREST AND NECESSITY
F' �1j AEAL
GENDA 2 DATE PROPEFRTY AT 22 5 THE SOUTH BRISTION OF OL STREET
Lm�JUNE 20, 2017 (PROJECT NO. 116741 NONGENERAL FUND)
P°fi"` WORD" AUKy IStrateglo Plan No. 6, 1G! and 3,2C]
75H-3
PAGE 1 OF 1
City of Santa Ana
Bristol Street Improvements -Warner Avenue to Saint Andrew Place
Parcel Pile No. 015-194-24
Owner of Record: Victoria Vargas Bastida, a married woman
as her sole and separate property
Additional Owner(s) of Record: N/A
Property Address: 2205 S. Bristol Street, Santa Ana, CA 92704
This is to acknowledge receipt of the offer package containing the following items:
Offer letter dated January 30, 2017 which Includes:
• Preliminary Report Issued by Title Company
(Attachment 1)
• Property Legal Description
(Attachment 2)
• Statement of Just Compensation
(Attachment 3)
• Summary Explanation Statement
(Attachment 4)
•City of Santa Ana Handbook on Acquisition
(Attachment 5)
• Your Rights Under Title VI
(Attachment 6)
• W-9 Form
(Attachment 7)
Please return the SIGNED Receipt of Offer Package in the envelope enclosed.
Victoria Vargas Bastida, an individual
EXHIBIT 2
75H-4
Date
MAYOR
Miguel A..Pultdo
MAYOR PRO TEM
Michele Martinez
COUNCILMEMBERS
P. David. Benavides
Vicente Sarmiento
Jose Soloda
Sal Tinajero
Juan Villages
January 30„ 2017
Victoria Vargas Bastida
2848 Augusta Way
Santa Ana, CA 92745
CITY OF SANTA ANA
20 Civic Center Plaza . P,o. Box 1988
Santa Ada, California 92702
714-647-5013
www Sanfa•gna.orp
SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY AT:
2205 S. BRISTOL STREET, SANTA ANA, CA 92704
APN. 015-194.24
Dear Mrs, Bastida,
This Offer supersedes all previous Offers to Acquire,
ACTING CITY MANAGER
Gerardo Mouet
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Made D. Plufzar
Via Certified Mail
The City of Santa Ana ("City`') is proceeding with its plans to construct Phase 4 of the Bristol
Street Improvements Project between Warner Avenue and Saint Andrew Place. The City
obtained a preliminary title report that lists Victoria Vargas Bastida, a married woman as her
sole and separate property to be the vested owner of the above-mentioned property as shown
in Attachment 1. The City seeks to acquire the property located at the above-mentioned
address, which consists of the underlying real property as described in Attachment 2. The area
to be acquired is referred to herein as the "Property".
No final determination has been made as to the ownership of the Property. This offer is
contingent upon presentation of conclusive evidence of title, if more than one person has an
interest in the Property that the City is seeking to acquire, all parties with such interest must
accept this offer.
As you know, the City had your Property appraised to determine its fair market value. The
appraisal was conducted in accordance with commonly accepted appraisal standards and
included consideration of the highest and best use of the land. Based on the appraisal, the City
offers to purchase your Property for $435,000.00 The basis for this offer Is explained more
thoroughly in the attachments to this letter that are made a part of this offer by reference. This
offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular
public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a
Resolution of Necessity, or both.
75H-5
2205 S. Bristol Street
January 30, 2017 Page 2
If you are not satisfied with the City's offer, you are encouraged to present to us any
material you believe to be relevant to the value of the Property, which material will be
carefully considered by the City. If, in the City's opinion, the additional information
warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary
agreement cannot be reached, the City may consider formal condemnation proceedings
against the Property through its power of eminent domain or abandon its intention to
acquire the Property, giving proper notice to you in either event. The City has made no
decision to exercise its power of eminent domain to acquire the Property and can only do
so after it holds a hearing, at which all affected Property owners have had an opportunity
to appear and be heard.
The Purchase Price is the full amount established by the appraisal as the fair market
value of the Property and the just compensation for such acquisition. A written statement
and a summary of the basis for the amount established as the Purchase Price is set forth
in the attached Statement of Just Compensation, identified as Attachment 3.
The City of Santa Ana Acquisition Handbook provides that each Owner from whom the
City purchases real property or an interest therein, or each tenant owning improvements
on said Property, be provided with information relating to the acquisition procedures
pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in
Attachment 5.
Please also be advised that under Code of Civil Procedure Section 1263.025, the City of
Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner
to secure an independent appraisal of property subject to a potential acquisition.
Please lot us know prior to March 2, 2017 if the City's offer is acceptable. A written
agreement concerning the acquisition of the Property will be provided to you for your
review and approval.
It is the desire of the City to acquire private property through voluntary purchase, if
possible. While the City has the power of eminent domain, condemnation has not yet
been authorized with respect to your property, and no decision has yet been made to use
the power of eminent domain to acquire your property.
75H-6
2205 S. Bristol Street
January 30, 2017
Page 3
If for any reason you should see fit not to accept the City's offer, please be advised that
this letter, the offer made herein, the enclosed summary statements, and all matters
stated herein are made under the provisions of California Evidence Code §§1152 and
1154 and shall not be admissible in evidence in any eminent domain proceeding which
may subsequently be instituted for acquisition of the Property, or in any other action.
If you need additional information, please call City's acquisition consultant, Jesse Ortiz
from Epic Land Solutions, Inc. at (310) 626-4843.
Sincerely,
Jason Gabriel,
Principal Civil Engineer
cc: Christopher D. Peterson, Esq.
75H-7
CLIA Preliminary Report Form
(Rev. 11/06)
T4.2 AM Ertlr1
PrrstAmerican rifle
�Y
Customer Reference:
ATTACHMENT
Order Number: OSA-4443270
Page Number: 1
Updated
Fire American Title Company
4 First American Way
Santa Ana, CA 92797
Order Number: OSA-4443270 (bdaa)
Title Officer:
Bob Davies / Ashley Aegerter
Phone:
(714)250-3094
Fax No.:
(714)913-6388
E -Mail:
octitle2@firstam.com
Property,
2205 South Bristol Street
Santa Ana, CA
PRELIMINARY REPORT
In response to the above referenced application for a polldy Of title insurance, this company hereby reports that It is prepared to Issue, or
cause to be Issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein
hereinafter set forth, Insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or said Policy forms.
The printed Exceptions and EX6leslena from the coverage and Limitations on Covered Risks of said policy or policies are set Perth in Exhibit A
attached. The policy to be imuedmaycontain an aiNliotion clause. When ilia Amountoflnsurence is less than thatsetforth in the
arbitraFion clause, allarbltrable neattersshall be abltrated at the opt/on ofelfher the Companyar the Insuradas the exdusiue remedyorthe
parties. Limitations on Covered tusks applicable to the CLTA and ALTA Homeowner's Policies ofTitie Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth In Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please road the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide yen with notice of matters which aro not covered
under the terms of the title insurance policy an d should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is Issued solely for the purpose of facilitating the Issuance of a policy of title
Insurance and no liability Is assumed hereby. If it Is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested,
Fiistknerican Ti'1/e
Page i of 13
75H-8
Order Number: OSA-4443270
Page Number; 2
Dated as of August 26, 2015 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or Interest at the date hereof is vested in:
VICTORIA VARGAS BASTIDA, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE
The Land referred to herein Is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
11 General and special taxes and assessments for the fiscal year 2015-2016, a lien rot yet due or
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code,
3. An easement shown or dedicated on the Map as referred to in the legal description
For: Public utilities and Incidental purposes.
4. Covenants, conditions, restrictions and easements in the document recorded as Book1750, Page
154 of Official Records, which provide that a violation thereof shall not defeat or render Invalid
the Ilen of any first mortgage or deed of trust made in good faith and for value, but deleting any
covenant, condition or restriction Indicating a preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital
status, ancestry, source of Income or disability, to the extent such covenants, conditions or
restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the
California Government Code. Lawful restrictions under state and federal law on the age of
occupants in senior housing or housing for older persons shall not be construed as restrictions
based on familial status.
Documents) declaring modifications thereof recorded as Book 1762, Page 484 and in Book 4467,
Page 433, both of Official Records.
First American Title
Page 2.. of 13
75H-9
21
0
10.
Order Number: 05A-4443270
Page Number: 3
An easement for either or both pole lines, conduits and incidental purposes in the document
recorded as Book 1684, Page 516 of Official Records.
An easement for either or both pole Imes, conduits and Incidental purposes in the document
recorded as Book 1646, Page 155 of Official Records.
A deed of trust to secure an original indebtedness of $350,000,00 recorded January 17,
2007 as Instrument No, 07-32417 of Official Records,
Dated: January 04, 2007
Trustor: Victoria Vargas Bastida, a married woman as her sole and
separate property
Trustee: California Reconveyance Company a California Corp
Beneficiary: Washington Mutual Bank, FA, a Federal Savings Bank
A document recorded August 04, 2009 as Instrument No. 09.417165 of Official Records provides
that Quality Loan Service Corporation was substituted as trustee under the deed of trust.
According to the public records, the beneficial interest under the deed of trust has been assigned
to FEDERAL NATIONAL MORTGAGE ASSOCIATION, ITS SUCCESSORS OR ASSIGNS by various
assignments, the last of which was recorded SEPTEMBER 26, 2014 as Instrument No. 14-
391979 of Official Records.
Notice of pendency of action recorded January 21, 2011 as Instrument No. 11-39206 of Official
Records.
Court:
Superior Court Of California, County Of Orange
Case No.:
CA -09.271334 -ED
Plaintiff:
Victoria Bastida
Defendant:
Chase; Quality Loan Service Corporation; Et Al.
Purpose:
The right of possession of real property
Rights of the public in and to that portion of the land lying within any Road, Street, Alley or
Highway.
Rights of parties in possession.
rlrstAmericen Title
Page 3 of 13
75H-10
order Number: OSA-4443270
Page Number: 4
�- — INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be Included,
contact the office that Issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1.. General and special taxes and assessments for the fiscal year 2014-2015.
First Installment: $1,956.26, PAID
Penalty: $0.00
Second Installment: $1,956.26, PAID
Penalty: $0.00
Tax Rate Area: 11-101
A. P. No.: 015-194-24
2. This report is preparatory to the Issuance of an ALTA Loan Policy. We have no knowledge of any
fact which would preclude the Issuance of the policy with CLTA endorsement forms 100 and 116
and If applicable, 115 and 116.2 attached.
When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single
Family Residence (mown as 2205 South Bristol Street, Santa Ana, CA.
According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
The map attached, if any, mayor may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this inap Is attached.
FirstAmerican rde
Page 4 or 13
75H-11
First American Title
Order Number: OSA-4443270
Page Number: 5
r°.` rweR,r
"
First American Title Company
4 First American Way
Santa Ana, CA 92707
(714)250-3000
Fax -
WIRE INSTRUCTIONS
for
First American Title Company, Demand/Draft Sub -Escrow Deposits
Orange County, California
First American Trust, FSB
5 First American Way
Santa Ana, CA 92707
Banking Services: (877) 600-9473
ABA 122241255
Credit to First American Title Company
Account No. 3012500000
Reference Title Order Number 4443270 and Title Officer Bob Davies / Ashley Aegerter
Please wire the day before recording.
FirstAmerican Title
Page 5 of 13
75H-12
Order Number: OSA-4443270
Page Number: 6
LEGAL DESCRIPTION
Real properly in the City of Santa Ana, County of Orange, State of California, described as
follows:
LOT 193 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 015-194-24
FlrstAmerican TWe
Page 6 of 13
75H-13
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75H-14
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75H-14
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ATTACHMENT
LEGAL DESCRIPTION
THE. LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
LOT 193 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S)'16 AND 17, OF MISCELLANEOUS
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
APN:015-194-24
75H-15
ATTACHMENT
STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL
Code of Civil Procedures § 1255.010(b)
THE AMOUNT ESTABLISHED AS JUST COMPENSATION
Government Code § 7267.2(a)
OWNERSHIP
Victoria Vargas Bastida, a married woman as hersofe and separate property
The following is a Statement of Value and Summary of the Basis for Appraisal
and the Amount that the client established as Just Compensation ("Summary") required
by the California Eminent Domain Law. The appraisal on which this summary is based
was made in connection with establishing the amount of compensation as required by
Code of Civil Procedure section 1255.010(b), The appraisal on which this summary is
based was made in accordance with accepted appraisal principles, consistent with
California Valuation Law. A statement and summary described the basis for the
appraisal from which the client established compensation. There follows the Statement
of Value and Summary of the Basis for Appraisal and the Amount Established as Just
Compensation ("Summary"):
BASIS OF VALUATION
The fair market value is based upon an appraisal prepared in accordance with
accepted appraisal principles and methodologies.
Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows:
(a) The fair market value of the property taken is the highest price on the date
of valuation that would be agreed to by a seller, being willing to sell, but under no
particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready,
willing and able to buy but under no particular necessity for so doing, each dealing with
the other with full knowledge of all the uses and purposes for which the property is
reasonably adaptable and available.
(b) The fair market value of property taken for which there is no relevant
comparable market is its value on the date of valuation as determined by any method of
valuation that is just and equitable.
Section 1263.330 provides that the fair market value shall not include an
increase or decrease in the value attributable to the project 'for which the property is to
be acquired.
75H-16
The property is being appraised for the possible full acquisition by the City of
Santa Ana to assist in negotiations with the property owner for the possible full
acquisition of the subject property as a part of the Bristol Street Widening Improvement
Project.
DESCRIPTION OF THE SUBJECT PROPERTY
Ownership: Victoria Vargas Bastida, a married woman as her sole
and separate property
Location: 2205 South Bristol Street, Santa Ana, California
92704
Assessor's Parcel No.: 015-194-24
Date of Value: November 29, 2016
Property Rights Appraised:Fee simple
Site Area: Approximately 6,600 square feet, or 0.15 acre,
according to the Assessor's Map
Zoning: According to a representative for the City of Santa
Ana, prior to 1991, the subject property was zoned for
residential use. The improvements appear to be a
legal non -conforming (grandfathered) use. The
property is being appraised disregarding the project's
influence and current zoning.
Present Use:
Highest and Best Use
(As Vacant):
Highest and Best Use
(As Improved):
Residential
Residential Use
Continue the existing use
Improvements: The subject property is improved with a three-
bedroom/one bath single-family residence and
attached garage, According to information obtained
from public records and verified by physical
measurements of the building, the building has a
gross living area of 1,090 square feet. It was originally
constructed in 1951 and is in fair condition.
Description of Acquisition: A full acquisition is proposed
75H-17
W" I-IMSCONIMMI
The sales comparison approach consists of the search for and an analysis of
sales of similar single-family improved properties which are compared to the subject to
provide an estimate of the fair market value. Typically, single-family residential homes
are purchased based on the location, living area and number of bedrooms and
bathrooms.
When searching for comparables for the subject property, location, living area,
quality, and condition were strong indicators of price. Recent sales of single-family
residences within the immediate neighborhood and surrounding neighborhoods were
reviewed. Multiple transactions were examined and considered for comparison, The
most similar closed sales were selected for the analysis.
The improved sales were analyzed and reviewed for the following items of
comparison:
property rights conveyed, financing terms, conditions of sale, expenditures after
purchase, date of sale (market conditions), and physical characteristics of the property
including: gross living area, location, year built, bedrooms and bathrooms, room count,
quality, condition and garage parking.
The following table summarizes the comparable sales used in the analysis.
75H-18
75H-19
IMPROVED SALES COMPARISON SUMMARY
Location
COE Date Building Area SF
Sales Price
Grantor/Grantee
Doc No. Site Area SF
Price Per SF
Comments
Year &lilt
Price Per SF/land
SUBJECT PROPERTY
_
2205,9 R'idel a,
WA '1,090
WA
Sibjectproperty. ThreebedroonVone
Santa Ana, CA92704
WA 6,600
WA
bath home with an attached 2 -car
1951
WA
garage. Fair condition.
Comparable No. 1
1430 S fhcificAve
8122/2016 1,022
$435,000
Thesaleof a three bedroom/ onebath
SmtaAna, CA92704
396762 6,069
$425.64
home in average condition with A(
1952
$71.68
Theseller paid $1,800 in closing costs
Grantor:
TadaA &Yoshiko Fujima
DCM 21. aandard solo.
G'antoo
&afamin A Yanez
Comparable No. 2
1218 Camden Race
10120/2016 1,090
$455,000
The sale of a three bedroom/one
Sonta Ana, (492707
513677 6,588
$417.43
bathroom upgraded home in good
1950
$69.06
condition. DOM 45, aandard sale.
Grantor:
Frandsco Parez Living Trust
Grantor:
Quoc PA. Do
Comparable No. 3
13255 ropiar a.
9/22/2016 1,057
$449,000
The sale of athree bedroom/one bath
9ntaAna, CA92704
458348 6,420
$424.79
upgraded home in very good
1952
$69.94
condition. DOM 28, aandard sale.
Grantor:
Gillespie Brothers Ents LLC
Gang:
KEndi A Madero
Comparable No. 4
1409 Magnolia Avenue
8/26/2016 1,260
$460,000
The sale of a three bedroom/ one bath
SantaAna, 0492707
408053 6,750
$365.08
upgraded home. It is in very good
1950
$68.15
condition. DOM 9. Sandard sale.
Grantor:
MoisesC.antoran
Grantee:
.brie & Lorena Guerrero
Comparable No. 5
14425 Mar S.
6/24/2016 1,034
$477,500
The sale of a three bedroom/ one beth
Santa Ana, CA92707
288445 6,750
$461.80
upgraded home in very good
1950
$70.74
condition. DOM 137. aandard sale.
Grantor:
B1 Macdonald 2013 Trust
Grantee:
Jakun & IGmhieng Ouk
75H-19
The adjusted sales prices establish a range from $439,698 to $489,438.
Consideration is then given to specific characteristics of each of the comparables on a
qualitative basis and is detailed in the chart below.
Indicated Values
Comparable No. Overall Indicated $
Comparability
1 Superior $439,698
3 Superior $453,490
2 Superior $457,275
4 Superior $466,900
5 Superior $489,438
Conclusion
All of the comparables are given weight in the conclusion of value. Based on a
review of the market data, the opinion has been formed that the market value of the
subject property, as of the effective date of the appraisal report, is as follows:
FOUR HUNDRED THOUSAND DOLLARS
$435,000
75H-20
CERTIFICATION,
We certify that, to the best of our knowledge and belief:
1. The sta.teanents of fact contained in this .report are true and correct,
2. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions and are our personal, impartial, and unbiased
professional analyses, opinions, and. conclusions.
3. We have no present or prospective interest in the property that is the subject of this report
and no personal interest or bias with respect to the properties or parties involved.
4. We have previously appraised the subject of this report for the same client, Report No. 15-5293,
datad December 1, 2015.
5. We have no bias with respect to the property that is the subject of this report or to the
parties involved in this assignment.
6, Our engagement in this assignment was not contingent upon the developing or reporting
predetermined. results.
7. Our compensation is not contingent on the development or reporting of a predetermined
value or direction in value that favors the cause of the client, the amount of the value
opinion, the attainment of a stipulated result, or the occurrence of a subsequent event
directly related to the intended use of this appraisal.
8. Our analyses, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the Uniform Standards of Professional Appraisal Practice.
9, Ellen Netzer has made a personal inspection of the property that is the subject of this
report. Elizabeth M. Tiley has not made an inspection of the subject property, but has
fully participated in the analyses, opinions and conclusions concerning real estate
contained in this report and fully concurs with the conclusions expressed herein.
10. No one provided significant real property appraisal assistance to the persons signing this
certification.
11. The reported analyses, opinions and conclusions were developed, and this report has been
prepared in conformity with the Code of Professional Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute.
12. The use of this report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives.
13. As of the date of this report, Elizabeth M. Kiley has completed the continuing education
program for Designated Members of the Appraisal Institute.
Elizabeth M. Kiley, Al, AI-GRS
Certified General Real Estate Appraiser
Certificate No. AG005391
Expiration Date: April 13, 2016
Ellen Netzer
Trainee Real Estate Appraiser
Certificate No. AT008864
Expiration bate: November 14, 2017
75H-21
ATTACHMENT 4
SUMMARY EXPLANATION STATEME+ IVT
You are entitled to receive full payment prior to vacating the real property being purchased
unless you have heretofore waived such entitlement. You are not required to pay recording
fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any
period subsequent to the passage of title or possession.
1. The holders of liens, deeds of trust or other security interests in your property and/or any
leases or tenants of your property may be entitled to all or a portion of the consideration to
be paid by the City of Santa Ana ("City") for your property in accordance with the particular
contract(s) existing between you and the lien holder or lessee/tenant,
2. All buildings, structures, and other improvements affixed to the land described is the
reference documents covering this transaction and owned by the grantor herein or, if
applicable, owned by you as a tenant are being conveyed unless other disposition of these
improvements have been made. The interest acquired is fee title.
3. The amount determined to be just compensation was determined after consideration of an
appraisal of the fair market value of the Parcel. The basis for the amount determined to be
just compensation is summarized on the attached Appraisal Summary Statement (Statement
of Just Compensation) and the amount of the Purchase Price:
a. Is the full amount believed by the City to be just compensation for the property
taken;
b. Is not less than the approved appraisal of the fair market value of the property as
improved;
c, Disregards any decrease or increase in the fair market value of the public
improvement for which the property is to be acquired for such public improvement,
other than that due to physical deterioration within the reasonable control of the
owner or occupant; and
d, Reflects the definition of "fair market value" as defined in Eminent Domain Law
(California Code of Civil Procedure Section 1263.320) which is "the highest
price on the date of valuation that would be. agreed. to by a seller being willing to
sell but under no particular or urgent necessity for doing so, nor obliged to sell,
and a buyer, being ready, willing and able to buy but under no particular necessity
for so doing, each dealing with the other will full Imowledge of all the uses and
purposes for which the property is reasonably adaptable and available."
Does not reflect any consideration of or allowance for any relocation assistance
and payments or other benefits which the owner is entitled to receive under an
agreement with the public entity.
4. If you ultimately elect to reject the offer made by the City of Santa Ana for yourProperty,
you are entitled to have the amount of compensation determined by a court of law in
accordance with the laws of the State of California.
75H-22
ATTACHMENTS
9,ION
1 ". N
CITY O1= SANTA ANA
Public Works Agency
20 Civic Center Plaza M-36
Santa Ana, CA 92702
75H-23
Dear Property Owner:
Our State and Federal Constitutions recognize the need for public agencies to purchase
private property for public use. The Uniform Relocation Assistance and Real Property
Acquisitions Policies Act of 1970 (Uniform Act), or similar State legislation and
eminent domain law of the State of California authorize purchase of private property for
public use and ensure that owners of real estate (real property) to be acquired are treated
fairly and consistently.
This Handbook provides a brief summary of the City's acquisition procedures and
various laws it is not intended to give a complete statement of all state or federal laws and
regulations pertaining to the purchase of your property for a public use, technical Iegal
definitions or any form of legal advice, Recipients of offer letters $om the City should be
aware that such laws and procedures are subject to change by future legislation and/or
court decisions.
In the event the City decides to proceed with the proposed acquisition, City's acquisition
consultant will contact you.
75H-24
TABI,F OF CONTENTS
PAGE
WHY IS MYPROPERTY REQUIRED? I
WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I
WHO MAKES T'HE DECISION TO BUY MY PROPERTY? I
HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? I
WHAT IS FAIR MARIM,T VALUE? I
HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2
WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2
ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC
PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2
WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2
OF JUST COMPENSATION?
CAN I GET AN APPRAISAL?
3
MUST I ACCEPT THE CITY'S INITLAI., OFFER?
3
MAY I HAVE SOMEONE. REPRESENT ME DURING NEGOTIATIONS?
3
IF I AGREE TO ACCEPT TIM CITY'S OFFER, HOW SOON WILL I BE PAID?
4
WHAT HAPPENS IF , DO NOT AGREE TO THE FINAL PURCHASE OFFER?
4
WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY?
4
WHAT IS AN ORDER OF POSSESSION?
4
WILL I HAVE TO PAY ANY SETTLEMENT COSTS?
5
MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY?
5
CAN THE CITY TAKE ONLY A PART OF MY PROPERTY?
6
WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED?
6
HOW SOON MUST I MOVE?
6
AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL?
6
I AM A VETERAN, HOW ABOUT MY GI LOAN?
7
MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I
7
PAY CAPITAL GAINS TAX ON THE INCREASE?
WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS?
7
75H-25
WHY IS MY PROPERTY REQUIRED?
The City of Santa Ana, Public Works Agency (the City), has determined that your property
may be required for the improvements of Bristol Street.
WHAT RIGHT DOES TIME CITY HAVE TO ACQUIRE MY PROPERTY?
Every public agency has certain powers that are necessary for it to operate effectively. For
example, States have the power to levy taxes and the power to maintain order. Another power is
the power to acquire private property for public purposes. This is known as the power of the
eminent domain.
The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S.
Constitution, the State Constitution and eminent domain laws which guarantee that if a. public
agency takes private property it must pay "just compensation" to the owner.
Further, under the California Government Code and Title 25 of the California Code of
Regulations, the owner has additional protections, some of which are explained in this brochure,
WHO MAKES THE DECISION TO BUY MY PROPERTY?
The decision to acquire specific property for a public project usually involves many persons and
many decisions. The final decision to proceed with a project is made by the Santa Ana City
Council after a thorough review that includes public hearings to obtain the views of interested
citizens.
HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY
PROPERTY?
Before making you an offer, the Cly will obtain an appraisal of your property. A qualified,
licensed, professional appraiser who is familiar with local property vahies will do the appraisal.
The appraiser will inspect your property and state his or her professional opinion of its current
fair market value in an appraisal report.
The City is required to offer you "just compensation" for your property. This amount cannot be
Ins than the fair market value of your property, as determined by the City on the basis of its
approved appraisal.
WHAT IS FAIR MARKET VALUE?
The fah market value of real property being taken for a public project is the highest price on the
date of valuation that would be agreed to by a seller, being willing to sell but under no particular
or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to
buy but under no particular necessity for so doing, each dealing with the other with full
knowledge of all the uses and purposes tui• which the property is reasonably adaptable and
available,
75H-26
HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY
PROPERTY?
Each parcel of real property is different and therefore no single formula can be devised to
appraise all properties. Among the factors an appraiser typically considers in estimating the value
of real property arc:
How it compares with similar properties in the area that have been sold recently.
How much it would cost to reproduce the buildings and other structures, less any
depreciation.
How much rental income it could produce atter expenses and how investors typically
value that income,
WILL I HAVE A CHANCE TO TALK TO THE APPRAISER?
YES. You must be contacted and given the opportunity to accompany the appraiser on the
inspection of your property. You may then inform the appraiser of any special features that you
believe may add to the value of your property. It is in your best interest to provide the appraiser
with all the useful information you can in order to insure that nothing of allowable value will be
overlooked. If you prefer, you may designate a representative in writing for this purpose.
ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A
PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN
PURCHASE OFFER?
The timing of a purchase offer depends on the following factors:
• The amount of work required to appraise your property,
• The availability of funding; and
• Possible project delays caused by factors outside the control of the City.
Typically, when there are no funding issues or other project delay factors, you can expect a
written purchase offer within 60 days of completion of the appraisal. The appraisal for business
or industrial property can take several months to complete due to the much greater complexity
involved.
The City will give you a written offer to acquire your property for the full amount determined to
be just compensation, and it will do so promptly. Along with the offer you will receive a written
statement explaining the basis for the determination of just compensation. The City will not
initiate negotiations until the purchase offer is sent out and your receipt of the offer is
acknowledged.
WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION
OF JUST COMPENSATION?
The City's "statement of the basis for its determination of just compensation" will be provided to
you with the written purchase offer. Among other things, this statement will include:
• The recognized definition of the term "fair market value" or the equivalent term.
75H-27
• The date of valuation, highest and best use, and applicable zoning of property.
• An accurate description of the property to be acquired.
• A list of the improvements covered by the offer.
• The principal transactions, reproduction or replacement cost analysis, or capitalization
analysis, supporting the determination of value.
• The amount of the offer.
• Where appropriate, the just compensation for the real propexty acquired and for damages
to remaining real property shall be separately stated and shall include the calculations and
narrative explanation supporting the compensation, including any offsetting benefits.
• An indication that the offer does not reflect any relocation payments or other relocation
assistance that you may receive under other regulations.
CAN I GET MY OWN APPRAISAL?
YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to
obtain an 'independent appraisal, the City will pay for the actual reasonable costs up to $5,000
subject to the. following conditions;
• You may order your own independent appraisal. Should you enter into a contract with the
selected appraiser, the City will not be a party to the contract.
• The selected appraiser you select must be licensed with. the California State Office of
Real Estate Appraisers (OREA).
• At the time the City makes its offer to you, it will offer to pay you the reasonable cost,
not to exceed $5,000 of the cost of your independent appraisal.
• Appraisal cost reimbursement requests mast be made in writing and submitted to the
City of'Santa Ana, Public Works Agency, 20 Civic Center Plaza M--36, Santa Ana, CA
92702, within ninety days of the earliest of the following dates: (1) the date the selected
appraiser requests payment from you for the appraisal; or, (2) the date upon which you,
or someone on your behalf, remitted full payment to the selected appraiser for the
appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and
invoice for completed work by the appraiser must be provided to the City concurrent with
submission of the appraisal cost reimbursement request. All appraisal costs must be
reasonable and justifiable.
MUST I ACCEPT TfM CITY'S INITIAL OFFER?
NO. You are entitled to present your evidence as to the amount you believe is the value of your
property and to make suggestions for changing the terms and conditions of the offer, The City
will make reasonable efforts to consider and respond to your evidence and suggestions (including
an appraisal), When fully justified by the available evidence of value, the City may make a
revised offer.
MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS?
YES. You may have an attorney or anyone else represent you dining your negotiations with the
City. If you choose to have representation during the negotiations, please so inform the City in
writing. You will be responsible to pay the costs of any such representation.
75H-28
IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID?
If you and the City reach an agreement for the purchase of your property by the City and your
ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally,
you can expect to be paid in about ninety (90) days after the, City signs the Purchase Agreement,
If the title evidence obtained by the City indicates that further action is necessary to show that
your ownership is clear, you may be able to hasten the payment by helping the City to obtain the
necessary proof. (Title evidence is a legal record of ownership of the property, it identifies the
owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other
instruments affecting your ownership of the property.)
WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE
CITY?
If you and the City are unable to reach an agreement through negotiations, the City will then
either institute formal eminent domain (condemnation) proceedings to acquire the properly or
abandon its intention to acquire the property. In the Iatter case, the City will give you notice of its
decision as provided by law.
WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY?
The power of eminent domain may only be exercised if: 1) the public interest and necessity
require the project; 2) the project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury; and 3) the property sought to be
acquired is necessary for the project. Eminent domain proceedings are often referred to as
condemnation actions. The City may only file a condemnation action after the adoption of a
Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public
hearing, of which the owner(s) of the property will receive written notice at least 15 days in
advance of the hearing. After the hearing, assuming need and necessity has been substantiated
and determined, the City can file a condemnation suit.
During the condemnation action, you will be provided an opportunity to introduce your evidence
as to the value of your property. The City will have the same right, After hearing the evidence of
all parties, the court or a jury will determine the amount of just compensation to which you are
entitled.
In the State of California, a property owner and the City have a constitutional right to have a jury
determine the value of the property in question. If the owner and the City decide to waive their
right to a jury trial, a judge can deterramejust compensation,
To help you in presenting your case in a condemnation proceeding, you may wish to consider
employing an attorney and an appraiser. However, the costs of these professional services and
other costs that you incur in presenting your case to the court are your responsibility unless the
court orders that you are to be reimbursed for your litigation expenses.
WHAT IS AN ORDER OF POSSESSION?
An order of possession is a process within a condemnation action that allows the City to have the
possession of your property prior to a negotiated settlement or an award of just compensation in
75H-29
court. This procedure is used typically where the possession of your property is necessary to
accomplish timely construction of the project for which your property is being acquired.
To obtain an order of possession, the City must deposit with the court an amount not less than its
appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then
permitted to withdraw their share of this amount, LUSS any amounts necessary to pay off any
mortgage or other liens on the properly and sums necessary to resolve any special ownership
problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of
the right to challenge the City's authority to take the property, but does not waive the owners
right to seek additional compensation. Early withdrawal of your share of the money will not
affect your right to seek additional compensation for your property. Should the negotiated
settlement or court award exceed the amount deposited by the City, you will be paid the
difference plus any interest and costs as provided by law.
WILL I HAVE TO PAY ANY SETTLEMENT COSTS?
If you and the City enter into an agreement for the City's purchase of your property, you will not
be responsible for the reasonable and necessary costs of:
Escrow fees and fees for other services typical in a real estate transaction, recording fees,
transfer taxes and any similar expenses that are incidental to transfer ownership to the
City.
Penalty costs and other charges necessary to permit prepayment of an earlier recorded
mortgage on the property that was entered into in good faith.
Real property taxes covering the period after the City acquires your property.
Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to
be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses
yourself, you will be repaid at that time. If you later discover other costs for which you should be,
repaid, you should request repayment from the City within six months after the acquisition. City
will assist you in processing your claim for these costs.
If there are loans or other liens and encumbrances against the property, you will be responsible
for paying them from the purchase price being paid to you by the City.
MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY
PROPERTY?
Sometimes improvements may exist on a property, which are not required by the City. If you
wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange
to keep any improvement(s), the City will deduct its salvage value from the purchase price you
would otherwise receive. (The salvage value of an item is its probable selling price if offered for
sale on the condition that the buyer will remove it at his or her own expense) If you arrange to
keep any improvement pertaining to the property, you will not be entitled to receive a relocation
payment for the cost of moving it to a new location.
75H-30
CAN THE CITY TAKE ONLY A PART OF MY PROPERTY?
YES. But, if the purchase of only a part of your property reduces the value of the remaining
part(s), you must be pair( for the loss in value (offset by any special benefits accruing to the
remainder resulting from the new public improvements). Also, under those circumstances, if any
remaining part would have little or no utility or value to you, the City will offer to buy that
remaining part if you so desire.
WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED?
If you (or your tenant) wish to remain in the property after acquisition for a short term or for a
period subject to termination by the City on short notice, you will be required to sign a rental
agreement or similar document. The rent will not exceed the lesser of the fair rental value of the
property to a short-term occupier or the prorated portion of the fair rental value for a typical rental
period.
However, the amount of rent to be paid by your or you tenant shall be within your financial
means or your tenant's financial means, as the case may be.
HOW SOON MUST I MOVE?
If you reach a voluntary agreement to sell your property, you cannot be required to move before
you receive the agreed purchase price. In the case of a condemnation, you cannot be required to
move before the estimated fair market value of the property has been deposited with the court so
that you can withdraw your share.
Every reasonable effort will be made to give you ample time to relocate after the
acquisition of your property. In most cases, a mutually satisfactory arrangement can be
worked out. You carrot be required to move without at least 90 days advance written
notice of the date by which your move is required. In addition, if you are being displaced
from your residence, a decent, safe and sanitary replacement property must be available before
you can be required to move.
AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL?
The offer of compensation made by the City does not include any consideration for loss of
business goodwill, which may be claimed by an owner of a business if one is being conducted on
flre property or on the remainder if the property being acquired is part of a larger parcel.
Code of Civil Procedure Section §1263.510 Loss of Goodwill Compensation Basis:
(a) The owner of a business conducted on the property taken, or on the remainder if such property
is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of
the following:
(1) The loss is caused by the taking of the property or the injury to the remainder.
(2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and
adopting procedures that a reasonably prudent person would take and adopt in preserving the
goodwill.
(3) Compensation for the loss will not be included in payments under Section 7262 of the
Government Code.
75H-31
(4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to
the owner.
(b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business
as a result of its location, reputation for dependability, skill or quality, and any other
circumstances resulting in probable retention of old or acquisition of new patronage
I AM A VETERAN, HOW ABOUT MY GI LOAN?
After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI
loan to purchase another property. Check on such arrangements with your nearest VA office.
MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT, MUST I PAY
CAPITAL GAINS TAX ON THE INCREASE?
In most cases when the City acquires real property by condemnation or the threat of
condemnation, the property owner may defer the payment of Federal capital gains taxes on profit
from the sale under certain circumstances.
Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is
available from the IRS. It explains how the Federal income tax would apply to a gain or toss
resulting from the condemnation of real property or its sale under the threat of condemnation for
public purposes.
To fully understand the income tax consequences relating to the condemnation of your property,
you should consult with your personal tax advisor.
75H-32
Epic Land Solutions, Inc.
2601 Airport Drive, Suite 130
Torrance, CA 90SOS
Phone: (310) 986-2960
Fax: (310) 891-3348
CITY OFSANTA ANA
TITLE VI INI ORMATION PAC"GE
3 li.l, ,.
The project proposed by the agency listed above will be receiving federal financial assistance.
Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving Federal fnancial assistance.
Other statutes provide protection against discrimination on the basis of sex, age or disability.
The enclosed Title VI Package is being provided for your information to further explain your rights.
The Package includes the following documents:
• Title VI Booklet
• Title VI of the 1964 Civil Rights Act and Related Statutes
• Right of Way Title VI Survey Form with Self -Addressed. Stamped Envelope
• Right of Way Title VI Discrimination Complaint Form
• The U.S. Department of Commerce Census Bureau, Language Identification Flashcard
It is requested the Right of Way Title VI Survey form be completed and returned in the self-
addressed stamped envelope.
If your read or speak a language different than English, please write your name and address on the top
of the page and check the appropriate box on the Language Identification Flashcard; or, if you believe
you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination
Complaint form and return to the following:
Jason Gabriel
Principle Civil Engineer
City of Santa Ana
20 Civic Center Plaza M-36
Santa Ana, CA 92702
CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD
www.EpicLand.com
75H-33
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4,8
TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page t eft
NONDISCRIMINATION STATUTES
Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that:
"No person in the United States shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND
BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID
RECIPIENT'S PROGRAMS OR ACTIVITIES)
. The Age Discrimination Act of 1975, as amended 42 U.S.C, 6101, provides:
"No person in the United States shall, on the basis of age, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance." (PROHIBITS DISCRIMINATION BASED ON AGE)
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. 4601,
provides:
"For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by
a Federal agency or with Perioral financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS
DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS)
. The Federal -aid Highway Act, 49 U.S.C. 306
Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's
authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations,
requires the Secretary to provide notice of the violation, and requires necessary action to ensure complinnee.
The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides:
"No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be
subjected to discrimination tinder any program or activity receiving Federal assistance under this Title or carried
on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX)
The Civil Rights Restoration Act of 1987, P.L, 100.209, provides:
Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the
Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act
of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE
NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF
FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH
PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED ORNOT)
The Uniform Relocation Act Amendments of 1987, P.L. 101..246, provides:
"For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of
displacement ... (to maintain)... the economic and social well-being of communities; aud...to establish a lead
agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED
THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT)
75H-36
TITLE VI OF THE 9964 CIVIL. RIGHTS ACT AND RELATED STATUTES Page2cQ
• The Americans with Disabilities Act, P -L. 101-336, provides:
"No qualified individual with a disability shall, by reason of such disability, be excluded from the participation
in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or
other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO
ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES)
• The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that
provided:
"(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance,
modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of
the contractual relationship.
(e) The rights protected by this section are protected against impairment by non-governmental discrimination
and impairment ruder color of State law."
• Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that:
"(I) It shall be unlawful . ,to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate
for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color,
religion or national origin" (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING—
HOD is the primary interest agency, but FHWA. and States under Title VI are responsible for preventing
discrimination in the function of Right -of -Way)
• The National Environmental Policy Act of 1969, 42 U.S.C. 4321
Requires the consideration of alternatives, including the "no -build" alternative, consideration of social,
environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at
each decision making stage of Federal -aid project development.
• Title IX of the Education Amendments of 1972
Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where
necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2)
establish, strengthen, and improve programs designed to prepare graduate and professional students for public
service; and (3) assist in strengthening undergraduate programs of instruction in certain instances.
• Section 504 of the Rehabilitation Act of 1973, 29 U,S.C. 790, provides that:
"(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or activity that receives or
benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR
MENTAL. HANDICAP)
Source: U.S. Department of Transportation
Federal Highway Administration Title VI Handbook
Title VI Nondiscrimination in the Federal -Aid Highway Program
FHWA Publication No. FITWA-HCR-06-006
75H-37
TITLE VI SURVEY
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections
1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal
information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this
form. The failure to provide all or any part of the requested information may delay processing of this form. No
disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of
1977. Each individual has the right upon request and proper identification, to inspect all personal information in any
record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to
your IPA Office.
Expenditure Authorization (EA)
NON-DISCRIMINATION
All persons affected by State transportation projects are requested to provide information with regard to race, colon',
national origin, sex, disability, age or income status. Please check the items below which best describe you and
return this form in the enclosed envelope. The furnishing of this information is voluntary.
Head of household:
Male
Female
Age:
_ Under 40
_ 41-65. Over 65
RacciEthnicity:
_ White
_ American Tribe
-Black
Pacific Islander
Hispanic — Other
Asian
Language spoken, if other than English:
Specify:
Are you or any member of your household suffering anyphysical disability or medical condition? Yes —No
Ara you a low-income family?
Enclosure
—Yes _No
75H-38
TITLE VI DISCRIMINATION COMPLAINT
PERSONAL INFORMATION NOTICE
Pursutnl to the Federal Nivaay Act (P.L. 03-578) and the Information Patentees Act cf 1977 (Civil Cade Sections Me , Olsen.), notim is hereby given For the request of
paromollnfamrullonbylhis form. The ragnested parsunal lnformadon is voluNory. The pdndpai purposrs of the voNnlaryinfnrmallon is to facllllate the proweeing of lhls form.
The failure to prodde all ar any Of of tha requested inlormanlon may delay processing of this form. No diaslomea of persons[ infirm alion will be made unless parmisalbls
andelAlan. 6, Section 1708.24 of the IPA of 1077. Each Individual has the right upon request and proper Ideniliicalion, to Inspect all personal Informallon in any ream
maintained on the lotividuai Lty on arnalrying particular. Direct any Inquiries an irenrmallmt armistaoseenl IPA 010
Dist Co Rte Post
BASIS
❑ RACE ❑ COLOR [] NATIONAL ORIGIN [] SEX ❑ Dial ❑ Low -Income ❑ Nott arglish Speaker
Provide date(s) and place of alleged discrimination
Describe the Names of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary)
Name of individuals (if Known) responsible for the railcar decision or condition of alleged discrimination
Provide supporting information known to complainant in support ofhis/her allegation,
Identify possible witnesses whom Ale complainant believes can provide factual information about this allegation
State the action requested by complainant
75H-39
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FZZovaj kvadrati6 ako 6itate ili govorite hrvatski jezik,
❑ Zaskrtnete roto kolonku, pokud 6tete a hovoate 6esky.
dit vakje aan als u Nederlands kunt lezen of spreken.
Mark this box if you read or speak Euglish
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D0-3308 s�a�a U,8. DEPARTMENT OF COMMERCE
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U.S. c5mus BURAU
75H-40
1. Arabic
2. Armenian
S. Bengali
4, Cambodian
5. Chamorro
6. Simplified
Chinese
7.Traditional
Chinese
8,Croatian
9. Czech
10. Dutch
11. English
12. Fars!
Eaonomlaa and SlalOfl<a Adminlslnllan
U.S. CENSUS 9UMAU
75H-41
13. French
14. German
15. Greek
16. Haitian
Creole
17. Hindi
18. Hmong
19. Hungarian
20. Ilocano
21. Italian
22.Japanese
23. Korean
24. Laotian
25. Polish
Cocher ici si vous lisez ou parlaz le frangais.
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Elet:ize-n:Sx. dioses Kastchen an, wenn Sm Deutsch lesen oder sprechen.
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Make kazye sa a si ou li oswa ou pale kreyol ayisyen.
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Kos lub voj no yog koj paub twm thiab hats lus Hmoob.
Jelolje meg ezt a kockdt, ha megerti vagy besz6h a magyar nyelvet.
Markaam daykoy uga kahan no makabasa wemro makasaoka iti Jlocano,
Marchi questa casella se Iegge o parla Italiano.
❑
3� 'Oj e7714 n T 5aO'M, 01 �'ii .R Aj*Ad Aj 0.
2tnuuna2�2e�� >1hui�us�ut�tMnrJ��nano.
y o zaznaczenie tego kwadratu, jezeli poshrguje sig)?an/Pani
m polskim.
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no —
U.S. DEPARTMENT OF COMMERCE
Eaonomlaa and SlalOfl<a Adminlslnllan
U.S. CENSUS 9UMAU
75H-41
13. French
14. German
15. Greek
16. Haitian
Creole
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19. Hungarian
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24. Laotian
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❑ Msinale este quadrado se voc616 ou fala pormgues.
❑ Ynsemnali aceasta casula daca citili sari vorbili romgngte.
llbMeTbTe 3TOT Kaapparax, ecmt sLx *nsraere xna ronopxTe no-pyccKx.
❑ O6enexcctTe osaj xaappaTxh yrconxxo YxTare xnx roaopxTe cprtcxx jesxK.
Ozna6te tento stvorcek, ak viete, citaf aleho hovoriCpo slovensky.
Marque esta casilla si lee o habla espaiiol.
❑ Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog.
❑`lUmt�tsnauu�uaa`iu>ZflaciTvi�ud�uuso�yrtnTrrT"Ine�.
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'i he puha ni kapau 'oku ke. tau pe lea fakatonga.
❑
Bi*TSTe w kniTcuucy, RKtgo ax iwacme a6o rosopEiTe yxpaYacr,Koro Monoto.
❑ Xin danh dau vao o nay nen quy vi bi t doe va n6i diftic Vi€t Ngrr, _
❑ .v )-rN 101Y1 'WIN Wa 5 -t)x a)lN 5t00vp ov`r wDo )N to
75H-42
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28. Russian
29. Serbian
30. Slovak
31. Spanish
32.Tagalog
33.Thai
34.Tongan
35. Ukranian
36. Urdu
37. Vietnamese
38. Yiddish
Fort'
Request for Taxpayer
Give Form to the
(Rev. D!,8tMfer 20'14)
Idenfilficafiien Number and Certification
requester. bo not
DepartmIhaTraaaury
send to the IRS.
Internal Revenue Service
1 Name (as shown on your income tax return). Name is required on this line: do hot leave this line blank,
2 Business name/disregarded entity name, if different from above
at
m
m
0
9 Check appropriate box for federal tax classlficetlon; check only one of the following seven boxes:
4 EJimn ties (cod In apply only sea
certain os, individuals; sea
o
❑Individual/axle proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
ion. eri
lOshuctions an page 3):
m c
y� o
v
single -member LLC
LJ Limited liability company. Enter the tax classification (C=C corporation, S=S eorperation, P=partnership) i
Exempt payee coda (if any)
is
0 5
Note, For a single -member LLC that is disregarded, do not chock LLC; check the appropriate box in the line shove for
Fram FATGA reporting
i„
the tax classification of the single -member owner.
code (if any)
p`,
❑ other (so. instructions)
Epprro• to aacwm:m.,mmmcdourna•ra usi
u
5 Address (number, street, and apt. or suite noJ
Requester's name and address (optional)
v
a
6 City, state, and ZIP coda
N
m
7 List account numbor(s)here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line t to avoid I Social...urityraul
hookup withholding. ole For individuals, this Is dgenerallyentity, your social security number (page However, for a
Yesident alien, sole proprietor, or disregarded entity, sea the Part I instructions on page S. For other
e flu— it Ic,mur mmninvpr idpntifiantinn m rmhar fEINI. If von do not have a number. gee How to oeta
TIN on page 3.
Note, If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for
guidelines on whose number to enter.
der penalties of perjury, I certify that:
The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notifled me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4, The FATGA coda(s) entered on this form (If any) indicating that I am exempt from FATGA reporting is correct.
Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are out rattly subject to backup withholding
because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage
Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and
generally, payments other than Interest and dividends, you are not required to sign the certification, but you most provide your correct TIN- Sae the
instructions on page S.
,Sign I structure of
Bare U.S. persons Date
General Instructions
Section references are to the Internal Revenue Code mile.. atherwlse noted.
Future developments, information about developments affecting Form W-9 (such
as legislation enacted after we release Iti Is at wanvile gov/iw9.
Purpose of Form
An Individual or entity (Form W-9 requester) who la required to file an Information
return with the IRS must obtain your correct taxpayer Identification number (TIN)
which may be your social security number (SSM, Individual taxpayer Identification
number (ITIN), adoption taxpayer identification number (ATIN), or employer
identification number (EIN), to report on an Information return the amount paid to
you, or other amount reportable on an information return. Examples of Information
returns include, but are not limited to, the following:
• Farm 1099 -INT (interest earned or call
• Form 1099 -DIV (dividends, including those from stacks or mutual funds)
• Form 1099-MISC (various types of Income, prizes, awal'de, or gross proceeds)
• Form 1099-13 (stack or mutual fund sales and canaln other transactions by
brokers)
• Farm 1099-S (proceeds from real estate transactions)
• Farm 1099-K (merchant card and third party network "i nsa itlons)
• Form 1098 (home mortgage Interest), 1098-E (student loan interest), 10984
(tuition)
• Farm 1099-0 (canceled debt)
• Form 1099-A (acquleltlon or abandonment of secured property)
Ran Form W-9 only If you are a U.S. person (Including a resident ellen), to
pl'ovlde your correct TIN.
Nyou do not return Form W-9 to the requester with a TIN, you might be subject
to bil withholding. See What Is backup withholding? on page 2.
By signing the filled -out form, you:
1. Certify that the TIN you are giving Is correct (or you are waiting for a number
to be issued),
2, Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership Income from a U.S. trade or business Is not subject to the
withhokting tax on foreign partners' share of effectively connected income, and
4. Certify that FATGA cartels) entered on this form Of any) Indicating that you are
exempt from the FATCA reporting, Is correct, See What Is FATGA reporting? on
page 2 for full Information.
Cat. No. 10231X
75H-43
Form W-9 (Rev. 12-2014)
Form W-9 (Rev. 12-2014)
Note. If you are a U.S, person and a requester gives you a form ether than Form
LV -9 to request your TIN, you must use the requester's form If It Is substantially
similar to this Form W-9,
Definition of a U.S. parson. For federal tax purposes, you are considered a U.S.
person if you are:
• An Individual who Is a U.S. clIII or U.S. resident alien;
• A partnership, corporation, company, or association created or organized in Ilia
United States or under the laws of the United Stolon,
• An estate (other then a foreign estate); or
• A domestic trust (as defined In Regulations section 301,7701-7).
Sp eclat rules for partnerships. Partnerships that conduct a trade or business Ila
the United States are generally required to pay a withholding tax under section
1446 on any foreign partners' share of effectively connected taxable income from
such business. Further, In certain cases where a Form W-9 has not been received,
the rules under section 1446 require a partnership to presume that a partner is a
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
U.S, parson that Is a partner in a partnership conducting a trade or business In the
United States, provide Form W-9 to the partnership to establish your U.S. status
and avoid section 1446 withholding on your share of partnership Income.
In the cases below, the following person must give Form W-9 to the partnership
for purposes of establishing Its U.S. status and avoiding withholding on its
alienable share of net Income from the partnership conducting a trade or business
In the United States:
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the
disregarded entity and not the entity;
• In the case of a grantor rust with a U.S. greater or other U.S, owner, generally,
the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and
• In the case of aU.S. trust (other than a grantor trust), the U.S. trust (other than a
grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank
that has elected to be treated as a U.S. person, do not use Form W-0. Instead, use
the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax
an Nonresident Aliens and Foreign Entities),
Nonresident .[[an who becomes a resident &lion. Generally, only a nonresident
.lien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of Income. However, most tax treaties contain a provision known as
a "saving clause." Exceptions specified In the saving clause may permit an
exemption from tax to continue for certain types of Income even afterthe payee
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the
saving clause of a tax treaty to claim an exemption from 0.8, tax on certain types
of income, you must attach a statement to Form W-9 that specifies the following
five Items:
1. The treaty country. Generally, Me must be the same treaty under which you
claimed exemption born lex as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving
clause and its exceptions.
4. The type and amount of income that qualifies for ilia exemption from tae.
5. Sufficient fasts to justify the exemption tram tag under the terms of the treaty
article.
Example. Article 20 of the U -S: China Income tax treaty allows an exemption
from tax for scholarship Income received by a Chinese student teriporaYlly, present
In the United States, Under U.S. law, this student will become a incident alien for
tax purposes If his or her stay in the United States exceeds 5 calendar years.
However', paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30,
1984) allows the provisions of Article 20 to continue to apply even after the
Chinese student becomes a resident alien of the United States. A Chinese student
who quail for this exception (under paragraph 2 of the first protocol) and Is
relying on this exception to claim an exemption from tax on his or her scholarship
or fellowship loom. would attach to Fofm W-9 a statement that includes the
Information described above M support that exemption.
If you are a nonresident alien ora foreign entity, give the requester the
appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you most
tinder certain conditions withhold and pay to the IRS 28% of such payments. This
Is called "backup withholding." Payments that may he subject to backup
withholding include Interest, tax-exempt Interest, dividends, broker and barter
exchange transactions, rants, royalties, nonemployee pay, payments made In
settlement of payment card and third party network transactions, and certain
payments from fishing boat operators. Real estate transactions are not subject to
backup withlto nflug.
You will not be subject to backup withholding on paymentsyeu receive Ifyou
give the requester your correct TIN, make the proper certifications, and report all
your taxable Interest and dividends an your tax store.
Payments you receivewill be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You de not Usury your TIN when required (sea the Part II Instructions an page
3 for detalls),
Page 2
3. The IRS tells the requester that you furnished an Incorrect TIN,
4, The IRS tells you that you are subject to backup withholding because you did
not report all your Interest and dividends on your tax return (for reportable interest
and dividends only), or
5, You do not certify to Ilia requester that you are not subject to backup
withholding under 4 above (for reportable Interest and dividend accounts opened
after 1983 only).
Certain payee& and payments are exempt from backup withholding. See Exempt
payee code on page 3 and the separate Instructions for the Requester of Form
W-9 for more information.
Also see Special volas forpartnerships above.
What is FATCA reporting?
The Foreign Account Tax Compilation Act (FATCA) requires a participating foreign
financial Institution to report all United States account holders that are specified
United States persons. Certain payees are exempt from FATCA reporting. Sea
Exemption from FATCA reporting code on page 3 and the Instructions for the
Requester of Form W-9 for more Information.
Updating Your Information
You must provide updated Information to any person to whom you claimed to be
an exempt payee if you are no longer an exempt payee and anticipate receiving
reportable payments In the future from this parson. For example, you may need to
provide updated Information if you are a C corporation that elects to be an S
corporation, or if you no longer are tax exempt. In addition, you must furnish anew
Form W-9 If the name or TIN changes for the account; for example, if the grantor
of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fall to furnish your correct TIN to a requester, you are
subject to a penalty of $60 for each such failure unless your (allure Is due to
reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a
false statement with no reasonable basis that results In no backup withholding,
You are subject to a $500 penally.
Criminal penalty for falsifying information. Wlllfully falsifying ceutIcagous or
affirmations may subject you to criminal penalties including fines and/or
Imprisonment,
Mfsuse of TINS. If the requester discloses or uses TINs in violation of federal law,
the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The
name should match the name on your tax return.
If this Form W-9 is for a joint account, lint first, and then circle, the name of the
parson or entity whose number you entered In Part I of Form W-9.
E. Individual, Generally, enter the name shown ah your tax return. If you have
changed your last name without Informing the Social Security Administration (SSA)
of the name change, enter your first name, the last name as shown on your social
security card, and your now last name,
Note. ITIN applicant: Enter your Individual name as it was entered on your Form
W-7 application, line Ia. This should also he the same as the name you entered on
the Farm 1 040/104DA/I 040EZ you flied with your application.
b. Sete proprietor an sinpfe-member LLC. Enter your Individual name as
shown on your 1040/1 04DA/1 040EZ on line 1. You may enter your business, trade,
or "doing business as" (BBA) name on line 2.
c. Partnership, LLC that is not o single -member LLC, C Corporation, or S
Corporation. Enter Ilia entity's name as shown on the entity's tax return an line 1
and any business, trade, or BBA name on line 2.
d, other entitles. Enter your name as shown on required U.S. federal tax
documents on line 1. This name should match the name shown on the charter or
other legal document at the entity. You may enter any business, trade, or
CSA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is
disregarded as an entity separate from its owner is treated as a "disregarded
entity." See Regulations section 301.7701-2(c)(2)(iki). Enter the owner's name on
in. 1. The name tithe entity entered on Ilne 1 should never be a disregarded
entity. The name on line 1 should be the name shown on the Income tax mtum on
which the income should he reported. For example, if afereign LLC that Is treated
as a disregarded entity for U.S, federal tax purposes has a single owner that Is a
U.S. parson, the U.S. owner's name is required to be provided on line 1. If the
direct owner of the entity Is also a disregarded entity, enter the first owner that Is
not disregarded for federal tax purposes. Enter the disregarded entity's name on
line 2, "Business name/disregarded entity name," If the owner ofthe disregarded
.mingle a foreign person, the owner must complete an appropriate Form W-8
instead of a Form W-9. This is the case even lithe foreign person has a U.S. TIN.
75H-44
Form W-9 (Rev. 12-2014)
Line 2
If you have a business name, bade name, DBA name, or disregarded entity name,
you may enter it on line 2.
Line 3
Check the appropriate box in line 3 fortho U.S. federal tax classification of the
person whose name Is entered on line 1. Check only one box In line 3.
Identical Liability Company(LLC), If the name on line 1 Is an LLC treated as a
partnership for U.S, federal tax purposes, check the "Limited Liability Company"
box and enter "P" in the space provided. If the LLC has flied Form 8832 or 2663 to
be taxed as a corporation, check the "Limited Liability Company" box and In the
opera provided enter "C" far Corporation or"S" for 8 corpomdon. If It Is a
single -member LLC that Is a disregarded entity, do not check the "Limited Liability
Company" box; Instead check the first box In line 3 "Individual/sole proprletnr or
single -member LLC."
Line 4, Exemptions
if you are exempt from backup withholding and/or FATCA reporting, enter In the
appropriate space In line 4 any c af.(s) that may apply to you.
Exempt payee sada.
• Generally, individuals (including sole pmprietora) are not exempt from backup
withholding.
• Except as provided below, corporations are exempt from backup withholding
for certain payments, Including Interest and dividends.
• Corporations are not exempt from backup withholding for payments made In
settlement of payment card or thlyd party network transactions.
o Corporations are not exempt from backup withholding with respect to attorneys'
fans or gross proceeds paid to attorneys, and corporations that provide medical or
beef Ili care services are not exempt with respect to payments reportable on Farm
1099-MISC.
The following rode. identify payees that are exempt from backup withholding.
Enter the appropriate code In the space In line 4.
1—An organization exempt from tax under section 501(a), any IRA, or a
custodial account under section 403(b)(7) tithe account satisfies the requirements
of section 401 (1)(2)
2—The Untied States or any of its agencies or Instrumentalities
3—A state, the District of Columbia, a U.S. commonwealth or possession, or
any of their political subdivisions or Instrumentalities
4—A foreign government or any of Its political suedlvalons, agencies, or
Instrumantalltles
5—A corporation
6—A dealer in securities or commodities required to register In the United
States, the District of Columbia, or a U.S. commonwealth or possession
7—A futures commission merchant registered with the Commodity Futures
Trading Commission
8—A real estate Investment trust
9—An entity registered at all times during the tax year under the Investment
Company Act of 1940
10—A common treat fund operated by a bank under section 684(a)
11 —A financial Institution
12—A middleman known In the Investment community as a nominee or
custodian
13—A frust exempt from tax under section 664 or described in section 4947
The fallowing char) shows types of payments that may be exempt from backup
withholding. The chart applies to the exempt payees Ilakid above, 1 through 13.
IF the payment is for...
THEN the payment is exempt for...
Interest and dividend payments
All exempt payees except
for 7
Broker tmnnaollam
Exempt payees 1 through 4 and 6
through 11 and all C corporations. s
corporations must not enter an exempt
payee code because they are exempt
only for sales of noncoverad securities
acquired prior to 2012.
Barter exchange transactions and
Exempt payees l through
patronage dividends
Payments over $600 required to be
Generally, exempt payees
reported and direct sales over $5,0001
1 through 5°
Payments made In settlement of
Exempt payees l through
payment card or third party network
transactions
I See Form 1099-MISC, Miscellaneous Income, and Its instructions.
Page 3
'However, the fallowing payments made to a corporation and reportable on Form
1099-MISC are not exempt from backup withholding: medical and health cam
payments, attorneys' fans, gross proceeds paid to an attorney reportable under
section 6045(f), and payments for services paid by federal executive agency.
Exemption from FATCA reporting code. The following codes Identify payees
that are exempt from reporting under FATCA. These codes apply to persons
submitting this form for accounts maintained entries of the United States by
certain foreign fllterclal Institutions. Therefore, If you are only submitting tills form
for an account you hold in the United States, you may leave this field blank.
Consult with the person requesting this form if you are mandate If the financial
Institution la subject to these requirement& A requester may Indicate that a code Is
not required by providing you with a Form W-0 with "Nut Applicable" (or any
similar Indication) written or printed on file line fora FATCA exemption code.
A— An organization exempt from tax under section 501(a) or any Individual
retirement plan as defined In section 7701(a)(37)
B—Tho United States or any of Its sustains or Instrumentalities
C—A state, the District of Columbia, a U.S. commonwealth or possession, or
any of their political subdivlslans or Instrumentalities
D—A corporation the stock of which is regularly traded on one of more
established securities markets, as described in Regulations section
1.1472-1(c)(1)(g
E—A corporation that Is a member of the same expanded affiliated group as a
corporation described In Regulations section 1.1472-1(cJ(i)(I)
F --A dealer in securities, commodities, or derivative financial Instruments
(including notional principal contracts, futures, forwards, and options) that is
registered as such under the laws of the United Staten or any state
G—A real estate Investment trust
IT—A regulated Investment company as defined In section 861 or an entity
reglstaisd at all times during the tax year under the Investment Company Act of
1946
1—A common trust fund as defined In section 584(0)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from ex under section 964 or described in section 4947(a)(1)
M—A tax exempt trust under seder 4o3(b) plan orsncelon 457(g) plan
Note. You may wish to consult with the financial institutiwr requesting this form to
determine whether the FATCA code and/or exempt payee code should be
completed.
Line 5
Enter your address (number, street, and apartment or suite number). This Is where
the requester of this form. W-9 will mail your Information returns.
Line 6
Enter your city, state, and ZIP code.
Part 1. Taxpayer Identification Number (TIN)
Enter your TIN In the appropriate box. If you are a resident allen and you do not
have and am not eligible to get an SSN, yourTiN Is your IRS individual taxpayer
Identification number #TIN. Enter it to the social security number box. If you de not
have an R IN, see Now k get a TIN below.
If you are a sole proprietor and you have an BIN, you may enter either your SSN
or EIN. However, the IRS posters that you use your SSN.
If you ere o single -member LLC that Is disregarded as an entity separate from Its
owner (sea Limited IJablity Company (LLC) on this page), enter the owner's SSN
(or FIN, If the owner has one). Be not enter the disregarded entity's EIN. If the LLC
Is classified as a corporation or partnership, enter the entity's SIN.
Note. See the shad on page 4 for further clarification of name and TIN
combinations.
How to get a TIN. If you do not have a TIN, apply for one Immediately. To apply
for an SSN, get Form SS -5, Application for a social Security Card, from your local
SSA office or get this form online at www.ssa.gov. You may also gat this form by
calling 1-800-772-1215. Use Form W-7, Applioatioh for IRS Individual Taxpayer
Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer
Identification Number, to apply for an EIN. You can apply for an EIN online by
accessing the IRS website at wean langov/businesses and clicking on Employer
Idetrtifieatlon Number (EIN) under Starting a Business. You can gat Farms W-7 and
SS -4 from the IRS by visiting IRB.gov of by calling 1 -808 -TAX -FORM
(1-800-828'+1876),
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN
and write "Applied For" in the space for the TI IJ, sign and date the form, and give It
to the requester. For intereaL and dividend payments, and certain payments made
with respect to readily tradable instruments, generally you will have 60 days to get
a TIN and give it to the requester before you are subject to backup withholding on
payments. The 60 -day rule does not apply to other types of payments, You will he
subject to backup withholding on all such payments until you provide, your TIN to
the requester.
Net.. Entering "Applied For" means that you have already applied for a TIN or that
you Intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use the
approprlale Form W-8.
75H-45
Form WO (Rev. 12-2014)
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident align,
sign Form W^9. You may be requested to sign by the withholding agent even If
Items 1, 4, or b below Indicate otherwise.
For ajoint account, only the person whose TIN Is shown in Part I should sign
(when required). In the case of a disregarded entity, the person identified on line 1
must sign. Exempt payees, see Exempt payee code earlier.
Signature requirements. Complete the certification as Indicated in items 1
through 5 below.
1. Interest, dividend, and barter exchange accounts opened before 1984
and broker accounts considered active during 1983. You must give your
correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after
1983 and broker accounts considered Inactive during 1983. You must sign the
certification or backup withholding will apply. If you are subject to backup
withholding and you are merely pmviding your correct 71 to the requester, you
must areas out Item 21n the certification before signing the form.
3. Real estate transaction a. You must sign the oenlfication. You may cross out
Item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign
the certification unless you have been notified that you have previously given an
Incorrect TIN. "Other payments" Include payments made in the course of the
requester's trade or business for rents, rarities, goods (other than bills for
merchandise), medical and health care aerviees (including payments to
corporations), payments to a nonemployee for services, payments made in
settlement of payment card and third party network transactions, payments to
certain fishing boat crew members and fishermen, end gross proceeds paid to
attorneys (Including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured
property, cancellation of debt, qualified tuition program payments (under
section 529), IRA, Coverdell ESA, Archer MSA or NSA Contributions or
distributions, and pension distributions. You must give your correct TIN, but you
do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account:
Give name and SSN of:
1. Individual
The individual
2. Two or more Individuals doint
The actual owner of the account or,
account)
if combined funds, the first
Individual on the account'
3. Custodian account of a minor
The minor'
(Uniform Gift to Minors qct)
4. a The usual revocable savings
Ths grantor -trustee'
trust (grantor Is also trustee)
b. So-called trust account that is
The actual owner'
not a legal or valid trust under
slate law
5. Sola pmprletarshlp or disregarded
The owner'
entity owned by an Individual
6. Grantor trust filing under Optional
The grantor'
Form 1099 Filing Method 1 (see
Regulations section 1.67'1-4(b)(2)0)
(A))
For this type of account:
Give name and EIN of:
7. Disregarded entity not owned by an
The owner
Individual
B. Avalid trust, estate, or pension trust
Legal entiy
B. Corporation or LLC electing
The corporation
corporate status on Form 0832 or
Farm 2553
10. Association, club, religious,
The organization
charltabia, educational, or other tax-
exempt organization
11. Partnership or multi -member LLC
The partnership
12. A broker or registered nominee
The broker or nominee
13. ACGGLlnt with the Department of
The public entity
Agriculture In the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
14. Grantor trust filing under the Form
The trust
1041 Filing Method or the Optional
Form 1699 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)
(B))
Us[ first and circle filename of the person vrhoso number you Walsh. If only one person on a
Iolnt..get hem an BSN, that person's number must be furalshed.
'Circle the minor's name and fumish the minor's SSN.
You must show your Individual name and you may also enter your business or DBAname on
the "Business name/disregarded anllty" name life. You may use either your SSW or BIN (you
have one), but the IRS encourages you to use your SSW.
' UM Ilrst and circle the name of thetrust, estate, or pension trust. (cases turner the TIN of iho
peraonel representative or iruatee unless the legal entity Itself is not designated in the account
Ifni) Also see Special rules forpadnmvhipa on page 2.
*Note. Grantor also moat peavlde a Farm W-9lo trustee of treat.
Note. If no name Is circled when more than one name In listed, the number will be
considered to he that of the first name listed.
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal Information such as your
name, SSN, or other iden8fying Information, without your permission, to commit
fraud or other crimes. An identity thief may use your SSN to get a lob or may fele a
tax return using your SSN to receive a refund.
To reduce your risk:
• protect your SSN,
• Ensure your employer Is protecting your SSN, and
• Be careful when choosing a tax protester.
If your tax records are affected by Identity theft and you receive a notice from
the IRS, respond right away to the name and phone number printed an the IRS
notice or letter.
If your tax records are not currently affected by identity theft but you think you
are at risk due to a lost or stolen purse or wallet, questionable credit card activity
or credit report, contact the IRS identity Theft Hotline at 1-800-908.4490 or submit
Farm 14039.
For more information, see Publication 4535, Identity Theft Prevention and Victim
Assistance.
Victims of Identity theft who are experiencing ecanomic herrn or a system
problem, or are seeklog help In receiving tax problems that have not been resolved
through normal channels, may be eligible for Taxpayer Advocate Service (TAS)
assistance. You can reach TAS by calling the TAS toll-free case intake line at
t-877-777-4778 or TT'7TDD 1-800-829-4059.
Protect yourself from suspiolmta am ails or phisung schemes. Phlshing Is tha
creation and use of email and websites designed to mimic agltlarda business
entails and websltes. The most common act Is sending an email to a user falsely
claiming to be an established legitimate enterprise In an attempt to scam the user
Into sumer daring private information that will be used for Identity theft.
The IRS does not Initiate contacts with taxpayers via emalls. Also, the IRS does
not request personal detailed information through email or ask taxpayers for the
PIN numbers, passwords, or similar secret access Information for their credit card,
bank, or other financial accounts.
If you receive an unsolicited small claiming to be from the IRS, forward this
message to phlshrng®moriov. You may also report misuse of the IRS name, logo,
or other IRS property to the Treasury Inspector General for Tel( Administration
(TIGTA) at 1-800-366-4484, You can forward suspicious smalls to the Federal
Trade Commission at; spem9mo.gov or contact them at www.fle.govlldtheff or
1-877-IDTHEFr(1.377-4301
Visit IRS.gov to learn more about identity theft and how to reduce your risk.
Privacy Act Notice
Section 6199 of the Internal Revenue Code requires you to provide your correct
TIN to persons (Including federal agencies) who are required to file information
returns with the IRS to report Interest, dividends, or certain other Income paid to
you; mortgage Interest you paid; the acquisition or abandonment of secured
property; the cancellation of debt; or contributions you made to an IRA, Archer
MSA, or HSA. The person collecting this form uses the information on the form to
file Information raturns with the IRS, refunding the above Information. Routine uses
of this information include giving it to the Department of Justice for civil and
criminal litigation and to cities, states, the District of Columbia, and U.S.
commonwealths and possoaalons for use in administering their laws. Tine
information also may be disclosed to other countries under a treaty, to federal and
state agencies to enforce civil and criminal laws, or to federal law enforcement and
Intelligence agencies to combat temarism. You must provide your TIN whether or
not you are required to file a tax return. Under section 3406, payers must generally
withhold a percentage of taxable Interest, clam end, and certain other payments to
a Payne who does not give a TIN to the payer. Contain penalties may also apply for
providing false or fraudulent information.
'
75H-46
6/20/17
RESOLUTION NO. 2017 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA FINDING AND DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SANTA ANA AT 2205 S. BRISTOL STREET (APN
015-194-24) FOR THE BRISTOL STREET WIDENING PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after
written notice duly provided to all those claiming ownership in the property described
hereafter, as they appeared on the last equalized County assessment roll, held a hearing
pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the
owners thereof a reasonable opportunity to be heard on the following matters:
A. Whether the public interest or necessity requires the project;
B. Whether the project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
C. Whether the property proposed to be acquired is necessary for the project;
D. Whether the offer required by Government Code section 7267.2 has been
made;
E. Whether the City has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain to acquire
the property described herein, as well as any other matter regarding the
right to take said property by eminent domain; and
F. Whether the City has statutory authority to acquire the property by eminent
domain.
Section 2. The City Council has, as a result of its consideration and the
evidence presented at the hearings on this matter, and in accordance with the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the
proposed project has been adequately evaluated in the previously prepared
Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all
subsequent addenda. In accordance with National Environmental Policy Act, an
Environmental Assessment document with a Finding of No Significant Impact was
prepared for the proposed project and approved by the California Department of
Transportation and Federal Highway Administration in 2011.
Exhibit 3 Resolution No. 2017 -XXX
Page 1 of 6
75H-47
On the basis of this review, the City Council finds that there is no evidence from
which it can be fairly argued that the Project will have a significant adverse effect on the
environment.
Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR")
§ 753.5(c)(1), the City Council has determined that, after considering the record as a whole,
there is no evidence that the proposed project will have the potential for any adverse effect
on wildlife resources or the ecological habitat upon which wildlife resources depend. The
proposed project exists in an urban environment characterized by paved concrete,
roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game
Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
Section 4. The City of Santa Ana hereby finds and determines each of the
following:
A. The public interest and necessity require the proposed project.
B. The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and least private injury.
C. The property located at 2205 S. Bristol Street (APN 015-194-24), as
described in Exhibit A and graphically depicted in Exhibit B, is necessary for the
proposed project.
D. The offer required by Section 7267.2 of the California Government Code
was made.
Section 5. The City hereby finds, determines and declares that the public
interest, convenience and necessity require the acquisition by the City of the property
described in Section 4 above, including any and all leaseholds and related improvements,
for the purposes of Phase 4 of the Bristol Street Widening Project ("Project'). The location
of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol
Street. Included in the project will be street pave -out, and the installation of concrete
curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest
public good and the least private injury.
Section 6. The taking of the interest in the property described in Section 4 above
is necessary for the public right of way and is authorized by Section 19 of Article I of the
California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code
section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110;
California Government Code sections 37350.5 and 40404; California Streets and
Highways Code sections 5101, 5101.5, 5102; and other applicable law.
Resolution No. 2017 -XXX
Page 2 of 6
75H-48
6/20/17
Section 7. The City hereby declares that it is the intention of the City of Santa
Ana to acquire in its name, in accordance with the provisions of the laws of the State of
California with reference to condemnation procedures, all interests in and to the property
described in Section 4 above.
Section 8. If any of the property described in Section 4 above has been
appropriated for some public use, the public use to which it is to be applied and taken
under this proceeding is a more necessary and paramount public use.
Section 9. The property described in Section 4 above is located within the City
of Santa Ana, County of Orange, State of California, and is more particularly described in
Section 4 hereof.
Section 10. The City of Santa Ana is authorized to acquire by eminent domain as
provided in the California Code of Civil Procedure.
Section 11. The City Attorney is hereby authorized and directed to prepare,
institute and prosecute in the name of the City such proceedings, in the proper court
having jurisdiction thereof, as may be necessary for the acquisition of the interests in the
property described in Section 4 above. The City Attorney is also authorized and directed
to obtain a necessary order of immediate possession and occupancy of such property, at
the discretion of the City Attorney.
Section 12. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of 2017.
APPROVED AS TO FORM:
Sonia A. Carvalho, City Attorney
By: A-1
Jo6h M. Funk
Assistant City Attorney
Miguel A. Pulido
Mayor
75H-49
Resolution No. 2017 -XXX
Page 3 of 6
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Resolution No. 2017 -XXX
Page 4 of 6
Clerk of the Council
City of Santa Ana
75H-50
c
EXHIBIT A
LEGAL DESCRIPTION
Real Property in the City of Santa Ana, County of Orange, State of California, described as
follows;
LOT 193 OF TRACT NO. 11.92, IN THE CIN OF SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
APN: 015.194.24
75H-51
6/20/17
Resolution No. 2017 -XXX
Page 5 of 6
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Resolution No. 2017 -XXX
Page 6 of 6
75H-52
75H-53
08/15/2011 THU 10:20 FAX
PETERSON LAW GROUP
PROFESSIONAL CORPORATION
SUITE 290
19800 MACARTHUR BOULEVARD
IRVINE, CALIFORNIA 92612
TELEPHONE (949) 955-0127
FACSIMILE (949) 955-9007
June 15, 2017
Clerk of the Council
City of Santa Ana, City Hall
20 Civic Center Plaza, M-30
Santa Ana, CA 92702
Facsimile: 714-647-6956
2001/001
1!117 JUN 15 I'm D 19
tTy OF
A ANA
Via Personal Delivery and Facsimile
Re: Hearing on Resolution of Necessity — Victoria Vargas Bastida
Bristol Street Widening Project
APN 015-1.94-23, 24
2201 & 2205 S. Bristol Street, Santa Ana, CA ("Subject Properties")
Dear Members of the City Council:
This office represents Victoria Vargas Bastida, owner of the Subject Properties. Request
is hereby made that this letter be made part of the record, and that we be given the
opportunity to be heard at the hearing on the Resolution of Necessity.
Ms, Bastida does not challenge the Resolution of Necessity for the Subject Properties,
However, the prelitigation offer pursuant to section 7267.2 of the California Government
Code is inadequate and does not rise to the fair market value standard. The offer reflects a
depression in the surrounding area caused by the project, and thus the offer is project
influenced, We look forward to working with the City in reaching a fair and just resolution
of the acquisition of the Subject Properties that complies with the fair market value standard.
CDP: cl
Very truly yo s,
�o
Christopher D. Peterson
75H-54