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HomeMy WebLinkAbout75I - PH - RESO NECESSITY 2201 S BRISTOLREQUEST FOR COUNCIL ACTION MY&W61910.[dlgI'll =1=1IIIQ 17-y" JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2201 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) h / CITY IVIANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1n 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 2201 South Bristol Street (APN 015-194-23) 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 2201 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 $450,000 (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. 751-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2201 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 $450,000 are appropriated in the Bristol Street Improvements Project (No. 116741), Measure M2 Street Construction Fund (Account No. 03217663-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. 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: c�C�m t i�,P AI�UA, _ Francisco Gutierrez Executive Director ly Finance & Management Services Agency 751-2 MATCHLINE SEE BELOW RIGHT ..�„ 408.33fi-77 - T.�.. 7-'-T"7--- I I I I N I I I ST GEITRUDE PL y? I 1408-471,011 �J�d.. x...1..1.. I I � J mj;w W ' 66 o`o 408.479-17 1w _---- I LLr 01 194.24, J pts-1aa.zs 1 / / e e ' dI/ k116.194- 8 7 406471-00 I WARNER AVENUE LEGEND: -ACOUSP.Et'i P11D11FPfIF9 I I I -"7"-r--7 T-ni -I-..7... -L--i---L---L i,l 1 - ST ANDREW PL ✓ ; �,, . I I I I I I �•, � � I I I CAR PL T_,T._7/—x r I ////'�,';I I i - 1 r I I GLENWOODPL _J 7 T 7-1- o T..�_.,.- i w I c CAMDEN PL �3T ANNE PL J EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC CITY COUNCIL INTEREST AND NECESSITY 'PWA' AGENDA E 20, 2017 PROPERTY AT 2201 ACQUISITION BRISTOL STREET V (PROJECT NO. 116741 NONGENERAL FUND) PUBLIC WORKS MENCY (Strategic Plan No. 6, 1G; and 3, 2C) 751-3 PAGE 1 OF 1 City of Santa Ana Bristol Street Improvements -Warner Avenue to Saint Andrew Place Parcel File No. 016-194-23 Owner of Record: Victoria Vargas Bastida, a married woman as her sole and separate property Additional Owner(s) of Record: NIA Property Address: 2201 S. Bristoi'Street, Santa Ana, CA 92704 This is to acknowledge receipt of the offer package containing the followingitems: Offer letter dated Janaury 30, 2017 which Includes; • Preliminary Report Issued by Title Company (Attachment 1) • Property t egal Description (Attachment 2) • Statement of Just Compensation (Attachment 3) • Summary Explanation Statement (Attach ment`4) • City of Santa Ana Handbook on Acquisition (Attachment 5) • Your Rights Under Title VI (Attachment's) • W-9 Form (Attachment 7) Please return the SIGNED Receipt of Offer Package in the envelope enclosed. Victoria Vargas Bastida, an individual EXHIBIT 2 751-4 Date January 34, 2017 Victoria Vargas Bastida 2848 Augusta Way Santa Ana,, CA 027U6 CITY OF SANTA ANA 20 Clvfr, Center Plaza * P,C, BOX 1988 Santa Ana, California 02702 - 714-647-5019 pia-ana oris SUBJECT. REVISED OFFER TO ACQUIRE PROPERTY AT; 2201 S. BRISTOL STREET, SANTA ANA, CA 82704 APN: 015.194-23 Dear Mrs. Bastida, This Offer supersedes all previous Offers to Acquire, ACTING CITY MANAGER Gerardo Monet. CITY ATTORNEY Santa R, Carvalho CLERK OFTHE COUNCIL. Marfa OaHulza` 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 womanas 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 Z, 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 $450,000.00 The basis for this offer is explained more #horoughly 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: 751-5 2201 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 let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 751-6 2201 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. 751-7 CL.TA Preliminary Report Form (Rev. 11/06Y syr AMR*,ti v j Fir tAmerican ride Customer Wereri ATTACHMENTi Order Number: OSA-4443271 Page Number: 1 Updated 08/2412015 First American Title Company 4 First American Way Santa Ana, CA 92707 order Number: OSA-44437.71 (bdaa) Title Officer; Bob Davies ( Ashley Aegerter Phone; (714)250-3094 Fax Nmf (714)913-6388 &Mal; octitle2@firstam,corri Property: 2201 South Bristol Street Santa Ana, CA y• j Y i •: , b as Whit also set Porth In Exhibit A. copies or the policy fo nosshouid be Please read the exceptions shown of referred to below and the exceptlon3 and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusiots are Meant to provide you with notice of matters which are riot covered under the terms of thetitleinsurance policy and should be carefully considered. it is Imports at to note that this preliminary report isnot a written representation as to the condition of title and may not list all liens, detects, and encumbrances affecting title tor tine land. Firstkrierican Title Page:. of 13 751-8 Order Number: -OSA-4443271' Page Number:2 Dated as of August 24, 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 d'atehereof 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 Repot Is: FFR The Land referred to herein is described asfollows (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 folfowst 1.- menerai and -special taxi and assessments for the fiscal year 2015-21116, a lien riot yet due or payable. 2, The lien of supplemental takes, If any, assessedpursuant to Chapter 3.5 commanding 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 Book i750, Paae 154 of Official Records, which provide flhat a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust mode 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 disabilityt, 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 tinder stater 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 stats. Documents) declaring modifications thereof recorded as Book 1762, Page 484 and in Book 41§7 Pace 433, both of Official Records. firstAmerican Title P'Ige 2 o D 751-9 Order Number: OSA-4448271 Page Rumber 3 5. An easement for either or both pole lines, conduits and Incidental purposes in the document recorded as Book 1534 Fage 515 of Official Records. 6. An easement for either or both pole lines, conduits and incidental purposes in the document recorded as Book 1546; Page155ofOFficlal'Records. 7, A -deed of trust to secure an original indebtedness of $350,000.00 recorded January 17, 2007 as Instrument No. O7-32416 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 6eneficiaryc Washington Mutual Bank, FA, a Federal Savings Bank A document recorded December 19, 2011 as Instrument. No. ii -662210 of Official Records provides that the deed of trust or the: obligation secured thereby has been modified, According to the public records, the beneficial interest under the deed of trustwas assigned to JPMorgan Chase Bank, National Association by assignment, recorded September 79, 2014 as Instrument No. 14-393841. of Official Records. 8. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 9. Rights of parties in possession. Ffr,tAimellcan 771Ie Page 3 of 13 751-10 Order Number: OSA-4443271 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: $1,957.86, PAID Penalty: $0.00 Second Installment: $1,957.86, PAID Penalty: $0.00 Tax Rate Area: 11-101 A. P, No.: 015-194-23 This report is preparatory to the issuance of an ALTA Loan Policy, We have no knowledge or 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 known as 2201 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, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, If any, to which this map is attached. HlstAmerican Title Page 4 of 13 751-11 Order Number: OSA•4443271 Page Number: 6 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, Skate of California, described as follows: LOT 194 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 3B, PAOE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 01S-194-23 FMt knoll n TWe Paged. of 13 751-12 __rte _m Page Number: 7 � vq )§ � \ \ \ Tz- e8 6 m � o . _ _r � ` © .s.^& %~7! � ®`&• \ - � vq )§ � \ \ \ Tz- e8 6 m o � � vq )§ � Tz- Firstkneticanr Page 7 of 13 75-12 ATTACHMENT 2 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 194 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: 015494-23 751-14 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 her sole 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. 751-15 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: 2201 South Bristol Street, Santa Ana, California 92704 Assessor's Parcel No.: 015-194-23 Date of Value: November 29, 2016 Property Rights Appraised:Fee simple Site Area: Approximately 6,720 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 751-16 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 751-17 SALES COMPARISON APPROACH 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. 751-18 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. 751-19 IMPROVED SALES COMPARISON SUMMARY Location WE Date Building Area SF Scales Rice Grantor/Grantee Doc No. Site Area SF Price Per SF Comments Year_BDtft Price Per SF/Lagij SUBJECT PROPERTY 2201 S.Flstol a. WA 1,090 WA Subject property.l-hree bedrooM one Santa And, CA92704 WA 6,720 WA bath home with an attached 2-car 1951 WA garage. Average original condition. Comparable No. 1 1430 S Pacific Ave, 822/2016 1,022 $435,000 The sale of a three bedroom/ onebath Sma Me, CA02704 396762 6,069 $425.64 hame In average condition with AG The 1952 $71.68 filer paid $1,800 in closing costs DOM Grantor: Tadaaki &Yoshiko Fujinla 21. Sendard sale. Grantee: Feniamin A Yanez Comparable No. 2 1218 Camden Face 10/202016 1,090 $455,000 Th9sale of athree bedroom/one Santa Ma,CA92707 513677 6,588 $417.43 bathroom upgraded home in good 1950 $69.06 condition. DOM 45. Sandard able. Grantor: RanchT» Perez Uving Trust Granted: Quoo M. Do �..- Comparable No. 3 13255 Poplar a. 922/2016 1,057 $449,000 The ale of a three bedroond one bath Santa And, CA 92704 458348 6,420 $424.79 upgraded home In very good condition. 1952 $69.94 DCM28, Saadadsale, Grantor. GIaple Brothers Eris LLC Grantees Kendi A Medero Comparable No. 4 1409 Magnolia Avenue 8262016 1,260 $460,000 ihesale of a three bedroond one bath Santa Ma, CA 92707 408053 6,750 $365,08 upgraded home. It lain very good 1950 $68.15 condition. DOM 9. standard ale. Grantor: MoiresC2ntoran Grantee; &ge rena Guerrero Comparable No. 5 14425 Baker a. 6/242016 1,034 $477,500 Thesaleof athroo bedrocMone bath aanta Ma, M92707 288445 6,750 $461,80 upgraded homein verygood condition. 1950 $70.74 DOM 137, aandard fie. Grantor: B1Madonaid 2013 Trust Grantee: Sakun & IGmhien Ouk 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. 751-19 Indicated Values Comparable No. Overall Indicated $ Comparability Similar $439,698 Superior $453,490 Superior $457,275 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 TWENTY-FIVE THOUSAND DOLLARS $450,000 751-20 CERTIFICATION We certify that, to the best of our knowledge and belief: I. The statemerltsoffact contained inthis report are true and correct. . Z. The reported analyses, opinions, and conclusions are limited only by the reported assumptiohs and limiting conditions and are our personal, impartial, and unbiased professionalanalyses, opinions, and conclusions. 3, We have no present or prospective interest in the property that is the subject of this report and vire have no personal interest with respectto the property or pa rties involved, 4. We have previously appraised the subject of this report for the same client,. Report No, 15-5294, dated December 1, 2of5 5. We have no bias with respectto the property that is the subject of this report or to the, parties involved with this asisignmerit. 6. our engagement in this assignment was not contingent upon developing or reporting predetermined results: 7, Our compensadon is not contingent on the 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. B. This appraisal assignmentis riot based on afequested minimum valuation, aspadficvak ation or the approval of a.Joan, 9. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. It has also been prepared' In conformity with California state law and the Uniform Standards of Professional Appraisal Practice. o. Ellen Netzer has made a personal inspection of the property that is the subject of this report. Elizabeth M. Kiley completed a review of aerial and ground photos of the property that is the subject of this report and has fully participated in the analyses, opinions and conclusions concealing real estate contained In this report and fully concurs with the final value estimate expressed herein, Ellen Netzer has made:a personal Inspection of tile comparables that were utilized in this report. �11. No one provided significant real property appraisal assistance to the persons signing this certification. 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 of the Appraisal institute. Elizabeth M. Kiley, MAI, Ai -ORS Alen Netzer Certified General Real Estate Appraiser Trainee Real Estate Appraiser Certificate No. A0005391' Certificate No. AT008864 Expiration Date: April 13, 2018 Expiration Date: November 14, 2017 751-21 ATTACHMENT 4 SUMMARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation. for the property taken; Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and 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 knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. d-. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you arc entitled to have the amount of compensation determined by a court: of law in accordance with the laws of the State of California. 751-22 ATTACHMENT 5 i HAINDBOOK PublicCITY OF SANTA ANA . Agency Dear Property Owner: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice, Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 751-24 TABLE OF CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES THE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? I WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROIEC'F, 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 THF, CITY'S INITIAL OFFER? 3 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPTTHE CITY'S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I 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? 7 751-25 WHY 1S MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street. WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 751-26 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 are: How it compares with similar properties in the area that have been sold recently, How much it would cost to reproduce the buildings and other structures, less any depreciation. How much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES 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 m 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 ymw receipt of the offer is acknowledged. WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF .LUST 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. 751-27 • The date of valuation, highest and best use, and applicable zoning of property. • Au accurate description of the property to be acquired. • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. • The amount of the offer. • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits, • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of you independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to [he, 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 Rill 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. 1u.111.91y_FIXKNJD V -0I _IlxilYfld"Iel INEItwelml Sim NO. You are emitted to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer, The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation dining the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 751-28 IF I AGREE TO ACCEPT THE CITY'S OFFER, IIOW 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 PURCIIASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if. 1) the public interest and necessity require the project; 2) the project is platmed 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 ownerand the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you ate 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 751-29 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, LESS any amounts necessary to pay off any mortgage or other liens on the property and sutras 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 wilt 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 itern 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. 751-30 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 paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I'HAVE, TO PAY RUNT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate atter the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move, AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. 751-31 (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 loss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 751-32 Epic Land Solutions, Inc. 2809, Airport Drive, Suite 130 Torrance, CA 90505 Phone: (310) 986.2960 Fax: (310) 891-3348 CITY OF SANTA ANA TITLE VI INF'O.ttNTA TION PACICAG 1.:--: {, The project proposed by the agency listed above will be, receiving federal financial. assistance, Pursuant- to'1'itlo VI of the Civil Rights Act of 1964, no person in die United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis ofsex, age or disability, The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following docninenw. • Tit1c VI Booklet • Title VI of the 1964 Civil Rights Act and Related Statutes • Right ofWayTitleVVISurvey Form -with Self -Addressed StaropedRavelope. • Right of Way Title VI Discrimination ComplaintFozxn • The U.S, I)epartment of Commence Census Pureau, .Language Identification Flashcard It is requested the Right of Way Title VI Survey form be completed and returned in the self-- addressed stamped envelope, if you read or speak a language different than English, please write your name and address on the top of the page and Check the appropriate box on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the, fallowing - 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.Ep!rLand.coni 751-33 LU oU ay ..- n Z v a o a Ccu a 4 cc Lu to owo tr 41 v as CNn o z h n My U i}cw Uuv' l3 iyro M1a Uu'TGmUm U oV us U <N w �q Oi.i 4m E8VMO`^. Na w0� G .o. �O a� c� 3�Oh c m �° sem ° °emu saSf w ° � ° ^� r K w w r u w O O u . o �+ F^ N Y^ a ��o NO.o MnOm C'o »dma wOz r�-o V`OMn 751-34 F- 10 o a bD td �. M, n 0 u 5 y 751-35 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Pagel oft 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 Ore benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL-ATD PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department ofTranspoi union and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled With applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid IIighway Act, 23 U.S.C.324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, F.L. 101-246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) nvnimiaing the adverse impact of displacement ... (to maintain)... the economic and social well-being of communities; and ... to establish a lead agency and allow for State certification and implemcutation," (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICII CAUSE DISPLACEMENT) 751-36 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Paye 2 oft 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, terns, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of Stale law." • Title VHI of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that; "(1) It shall be unlawful... to refuse to sell or rent after (he making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin" (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING— HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Net 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 584 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance," (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FHWA-HCR-06-006 751-37 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, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this Information Is voluntary. Head of household: Mate Female Age: Under 40 _ 41-65 _ Over 65 Raee/Etlmicity: _ White _ American Tribe 131ack Pacific Islander IIispanic _ Other Asian Specify: Language spoken, if other than English: Are you or any member of your household suffering any physical disability or medical condition? —Yes No Are you a low-income family? _Yes _No Enclosure 751-38 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE --- parspanl toof the patlaml Privacy Acl. r" 9&519) and the Intonnallan Practices Ad or 1917 (Civil Code fther dr, 1]90,fo ratio halloo L hereby the given rorthe request of Tpars hefaielretonelionbylllhl. or farm, Th. the voloplavy- The ofthis purposeofthe voluntaryinformallon isto faallilalo Rhaopecasing or ithis farm. Tha (hilum a provide all or any potl of the mfessled IEach Inds may delay a mile upon coo, form. N r disclosure of personal informallon will al made tion I p any recole rd under Antde 6, a I'divi 7190.24 0l the IPA of 1911. Each Indivl1. has the right upon request and proper IPA FI ration, to Inspect all personal information In any recortl malnlalued on the Individual hY an Idonlilying particular. Oirecl an Y lnqulnes on Informallon m In[enan I our IPA Ofp Name of Complainant Dist Co BASIS OF DISCRIMINATION Rte Post ❑ RACE ❑ COLOR Q NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low4ro me ❑ Non-English Speaker Provide date(s) and place of alleged discrimination Describe the nature oFthe action, decision, or conditions of the alleged discrimination (Attach ExbA Page. IF Necessary) Name of individuals (if Known) responsible For the action, decision or condition of alleged discrimination Provide supporting Information known to complainant it, support of his/her allegation Identify possible witnesses tvhatn the complainant believes can provide factual information about this allegation State the action requested by complainant 751-39 K%p—,X Vh V'ht-,& 4...V64� wju ,�wttwltn..un��� bph tunu"a tird tiwrru"a h,g 4.,jhpwb: ❑ - wi°f% -M ;ql v vcq o I FTIn m I ❑ GIU�tIi'�1�f�'��cs&tsstso iv"s�i;trls tast�slusa�l�s1 czs � Motka kal�tion ya gaugin llntUngnu' manatai pat fitittingnn' knmentos Chamorea. Owaeite oval kvadratid ako 61tate ill govorite hrvatski jezlk. ❑ Zall(rtneete tuto kolonku, pokud etete a hovoifte eesky. Kruis dit vakje am als u Nederlands kuut lezen of sprekeu; Ivlark this box if you read o'r speak English, 751-40 1. Arabic 2, Armenian 4. Cambodian 6. Chamorro 6. Simplified Chinese 7.Traditional Chinese E IV 9. Czech 10. Clutch 11. English 12. Farsi 9mnamTnn end St'M 5flavAdnffnR n U.S. CENSUS BUREAU 751-41 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 PMTiM11 Cocher ici si vous lisez ou parlez Ie frangais. Mtuzen Sic dieses Kastchen an, wenn Sie Deutsch lesen oder sprechen. Fyrl E,6Ctte auto TO nl.auno av Sta(ia(e-re r µtaate EXX11VOC6. Make kazye sa a si ou li oswa ou pale kreyb] ayisyen. 3TrF 3TTQ fc-i�r 41TT(i zrr qe c ft at i�v ur-Tu uR f�iT 77M I ® Kos lub voj no yog koj paub twin thiab hais lus Hmoob. Jelolje meg ezt a kockdt, ha megerti vagy beszeli a magyaT nyelvet. EEdaytoy nga kahon no makabasa wenno makasaoka id Ilocano. Marchi questa casella se legge o parla Italiano. ❑ 13� o�PIL�/���� o�l". o'JlaA�1�. �.�1�4J�7J��\/�.G�`a zj � 1 L+ ° T °,.1, 6 01 �i�. °71 s .hl `oj.t� hj �0.. El 2uw�u2�Qe�u q�u�ue�und�nw�a�a�o. Prosimy o zamaczenie tego kwadratu, jeich postuguje sig Pan/Pani j�zykicm polskim. U.S. OEPABTMENT OF COMMERCE 9mnamTnn end St'M 5flavAdnffnR n U.S. CENSUS BUREAU 751-41 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 PMTiM11 Assinale este quadrado se voce 16 ou fain portugu@s. ❑ Ynsemuali aceasta casula data citili sau vorbili romuneste. 1TomcTL,Te aTOT KBaApaTI3K, ecru B6r "TaeTe tmff rOBOPBTe rrO-pycCKkr. 06ene)KHTe osaj Kna,UpaTHh yKotruxo exzaze ins roaopxTe, cprrcKH jeaBK. Oznacte tento atvorcek, ak viete Mae alebo hovorif po slovensky. Marque esta casilla si lee o habla espanol. ❑ Markuhan hong kuwadcado kung kayo ay memnong magbasa o magsalita ng Tagalog. ❑ 9NmtnToaurnuaalutloan�vi�ud�uuioylnnnv�`1nu. ❑ Maaka'i he puha ni kapau'oku ke lau pe lea fakatonga. ❑ BipMiTVTe Uro rrrriTusxy, AK190 BB yBTaeTe a6o rosopnTe, yxpaiYrcbtmro Moaoro. ® Xin danh dau vao 6 nay nj5u quy vi bi& doe va noir du'gc Vi8t Ngti. ❑ .v))T>N u'ivi lviN uw)5 'i5N anN'7uuvp ov'r u)95>YNa nBaaon U.S, DEPARTMENT OF COMMERCE Ec namNo andsWlstlts Adminlstntlaa 751-42 U.s, CENsus aUR5AU 26. Portuguese 27 Romanian 28. Russian 29. Serbian &Mre , q 31. Spanish 32.Tagalog 33, Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38.Yiddish Farm Social security number Request for Taxpayer Give Form to the (Rev. DIdentification !1OtM.f7,1'!1.1!1r1y Number and Certification entities, it Is your employer identification number (EIN), If you do not have a number, see How fo get a requester. Do not Depadm TLV 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 send to the IRS. Internal Revenue Service m I II i Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. I I 2 Business nomdisregnrdod entity name, if different from above I� N m bl 0. � 3 Check appropriate box for federal tau classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to certain amities, not individuals; are o ❑ Individuatlsole proprietor or ❑ C Corporation ❑ 5 Corporation ❑ Partnership ❑ Trust/estate instructions on page S): o. o v single -member LLC ❑ Limped Ilability compary. Enter the tax classification (G_C corporation, S=S corporation, Pnisulnershipl ► Exempt payee code (if any) `q Note. For a single -member LLC that is disregarded, do not check LLG; check the appropriate box In the line above for Exemption from FATCA reporting the inx classification of the single -member owner, code(Ifany) a` ❑ Other(.. Instructions)` l4rAr•vree��m,ma msmi•moao„mu*m*us.) u 5 Address (number, street, and apt, or suite no.) Requester's name and address (optional) 0 a m picky, state, and ZIP code e OR 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided roust match the name given on line i to avoid Social security number backup withholding. For individuals, this Is generally your social security number ISSN). However, for a resident alien, sole proprietor, or disregarded entity, sae the Fart I instructions on page 3. For otherFM [11 entities, it Is your employer identification number (EIN), If you do not have a number, see How fo get a TLV 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 or Employer identification number, guidelines an whose number to enter. m I II I I I I I� Under pelaaltles of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or i am waiting for a number to be Issued tome); and 2. lam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 are a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must crass out Item 2 above If you have been notifled by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 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 must provide your correct TIN. See the Instructions on page 3. bignI Signature of Here U.S. person Data General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release It) Is at ivww.h's.gav/lw9. Purpose of Form An Individual or entity (Form W-9 requester)who is required to file an information return wlth the IRS must obtain your correct taxpayer Identification number RIM which may be your social security number ISSN), Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATI N), or employer Identification number (EIN), to report on an Information refer n 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: • Form 1099-INT(inlerest earned or paid) • Form 1099 -DIV (dividends, Including those ram stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-a (stock w mutual fund sales and sedate other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) * Form 1098 (home mortgage Interest), logs -E (student loan Interest), toga -T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requesterwith a TIN, you might be subject to backup withholding, See What Is backup wlthholdingf on page 2. ey signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are welting 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 withholding tax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA code(s) entered on this form (If any) Indicating that you are exempt from the FATCA reporting, Is correct. See What Is FATCA reporting? on page 2 for further Information. Cat. No. 10231X 751-43 Form W-9 (Rev. 12-2014) Form W-9 (Ras. 12-2014) Note. If you area U.S. person and a requester gives you aterm other than Form W-9 to request your TIN, you must use the requester's form if It is substantially similar to this Form W-9. Definition of a U.S. person, For federal tax purposes, you are considered a U.S. person if you are; • An Individual who Is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for partnerships. Pan nerships that conduct a trade or business In the United States are generally required to pay a withholding tax under section 1446 on any foreign partnere' 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 fallowing parson must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on Its allocable 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 trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the baneficlarlea of the trust. Foreign parson. If you are a foreign person or the U.S, branch of aforeign bank that has elected to be treated as a U.S. person, do not use Form W-0. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entitles). Nonresident If.. who becomes a resident alien. Generally, only a nonresident alien 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 lax to continue for certain types of Income even after the payee has otherwise become a U.S, maldsnt ellen far 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 oxemptlan from US. 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, this must he the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the Income. 3. The article number (or location) in the tax treaty that contains the saving clause and Its exceptlons. 4. The type and amount of Income that qualifies for the exemption from lax. S. Sufficient facts to justify the exemption from tax under the terms of the treaty Wilda. Example. Aitde 20 of the U.S: China Income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student temporarily presebl in the United States. Under U.S, law, this student will become a resident alien far 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: Chlna treaty (dated Aprli 30, 1909) 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 qualities for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the information described above to support that exemption. If you are a nonresident alien ora foreign entity, give the requester the appromiate completed Farm W-8 or Form 8233. Backup Withholding What Is backup withholding Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding Induda Irdemsq tax-exampt Interest, dividends, broker and better exchange transactions, rents, royalties, nonemployee pay, paymonts made In settlement of payment card and third party network transactions, and certain payments from fishing boar operators. Real estate transactions are not subject to backup withholding. You will not he subject to backup withholding on payments you recalvo Ifyou give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your lax return. Payments you receive will be subject to backup withholding If. 1. You do not furnish your TIN to the requester, 2. You do not ocHlfy your TIN when required (see the Pad Il Instructions an page 3 far details), 3. The IRS tette 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 certityto the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Farm W-9 far mora Information. Also see Special miss forparinerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons, Certain payees are exempt from FATCA reporting. See Exemption tram 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 reporlab a payments In the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or If you no longer are tax exempt. In addition, you must furnish a new Form W -e 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 penally of $50 for each such failure unless your fallure 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 9$500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or imprisonment. Misuse of TINS, If the requester discloses or uses TI He 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 ajoint account, list first, and then circle, the name of the person or entity whose numberyou entered In Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name Without informing the Social Security Administration (GSA) of the name change, enter your first name, the last name as shown on your so alai security card, and your new last name. Note. ITIN applicant Enter your individual name as it was entered on your Form W-7 application, line ia. This all also he the same as the name you entered on the Form 1040/1040A/l 040EZ you filed with your application. In. Sale proprietor or single -in ember LLC. Enter your individual name as shown on your 1040/1040AII 040EZ on line 1, You may enter your business, trade, or "doing business as" (PBA) name on line 2. c. Partnere hip, LLC that is not a single -member LLC, C CorpaYatien, or S C onto orato n. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. it, Other entities, 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 creating the entity. You may enter any business, trade, or DBA name on Ilne 2. a, 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)(111). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The Prime an line 1 should be the name shown on the Income tax return on which the income should be reported. For example, if a foreign LLC that Is treated as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.S, owner's carne 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 of the disregarded ontity Is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This Is the case even If the foreign person has a U.S. TIN. 751-44 Form W-9 (Rev. 12-2014) Line 2 If you have a bualness name, trade name, DBA name, or disregarded entlty name, you may enter it on line 2. Line 3 Chock file appropriate box in line 3 fol'the U.S. federal taxclassificatlon of the person whose name Is entered on line 1. Check only one box in line 3. Limited Liabillly 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 filed Form 8032 or 2553 to be taxed as a corporation, check the "Limited Uabillty Company" box and In the space provided enter "C" for C corporation or "S" far 5 corporation. If it is a aingle-member LLC that Is adisregard ad entity, do not check the "Limited Liability Company" box; instead check the first box In line 3 "IndvIduallsole proprietor or single-memIder LLC:' Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter In the appropriate space in line 4 any cadets) that may apply to you. Exempt payee code. P Generally, individuals (Including sole proprietors) aro not exempt from backup withholding. a Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. e Corporations are riot exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care Services are not exempt wlth respect to payments reportable on Form 1099-MISC. The following codes 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 401 If the account satisfies the requirements of section 401(1)(2) 2—The UNted Stales or any of Its agencies or instrumentalities 3—A slate, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions as Instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or Inatru armsdires 5—A corporation 6—A dealer In securities or commodities required to register in the United Steres, 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 trust fund operated by a bank under section 584(x) 11 —A financial Institution 12—A middleman known In the Investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described In section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, t through 13, IF the payment is for,.. THEN the payment is exempt for, .. Interest and dividend payments All exempt payees except for 7 Braker transactions Exempt payees 1 through 4 and e through 11 and all D corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovefed securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 5e Payments made In settlement of Exempt payees 1 through 4 payment card or third party network transactions I Sae Farm 1099-MISC, Miscalsmeoua Income, and Its instructions. ' However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 80450, and payments for services paid by afederal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the UU lted States by certain foreign financial Institutions. Therefore, if you are only submitting this form for an account you hold In the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may Indicate that acode Is not required by providing you with a Form W-9 with "Not Applicable" (or any Mother indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 601(a) or any individual retirement plan as detlned In section 77D7(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which Is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(1) E—A corporation that Is a member of the same expanded affiliated group as a corporation described In Regulations section 1,1 472-1(c)(1)(0 F --A easier 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 States or any state G—A real estate Investment trust H --A regulated Investment company as defined in section 051 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined In section 584(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from tax under section 664 or described In section 4947(a)(1) M—A tax exempt trust Under section 403(b) plan or section 457(8) plan Note. You may wish to consult with the financial Institution requesting this form to determine whether the FATCA code and/or exempt payee code should he completed. Line 5 Enteryour address (number, street, and apartment orsulte 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) Enteryour TIN In the appropriate box. If you are a resident alien canyon do not have and comet ellgibla to get an SEN, yourTIN la your IRS individual taxpayer Idenfifiaatlon number (ITIN). Enter It In the social socurlly number box. If you do not have an ITIN, see How to get a 7714 below. Ifyou are a sole proprietor and you have an LIN, you may enter either your SSN or EN. However, the IRS prefers that you use your SSN, If you are a single -member LLC that is dlsregarded as an entity separate from Its owner (sea Limited Liability Company (LLC) on this page), enter the owner's SSN (or EIN, If the owner has one). Do not enter the disregarded entity's FIN. If the LLC is classified as a corporation or partnership, enter the entity's FIN. Note. See the had on page 4 for further clarification of name and TIN combinations. How to gat a TW. If you do not have a TIN, apply for one Immedlately. To apply far an SSN, got Form 88-5, Application for a Social Security Card, from your local SSA office or get this form online at wwwasa.gov. You may also get this form by calling 1-880-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an LIN, You can apply for an LIN spline by accessing the IAS wabaite at www,irs,gov/bustnesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (1-000-820-3676). It you are asked to complete Form W-9 but do not have a TIN, apply far a TIN and write "Applied For" In the space for the TIN, sign and data the form, and give It to the requester, For Interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the requester before you are subject is bacll withholding on payments, The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester, Nota, Entering "Applied Far" 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 appropriate Fond Ms. 751-45 Farm W-9 (Rev. 12-2014) Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You maybe requested to sign by the withholding agent even If items 1. 4, or 5 below indicate otherwise. For ajoint account, only the reason whose TIN Is shown In Part I should sign (when required). In the case of a diereganded entity, the person Identified on fine 1 must sign. Exempt payees, see Skempt 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 1884 and broker accounts eensldered 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 providing your correct TIN to the Scotsmtan, you must cross out item 21n the certification before signing the form, S. Real estate transactions. You must sign the sent flcstlon. 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 certllloatlon unless you have been notified that you have previously given an Incorrect TIN. "Other payments" Include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health cafe services (including payments to o incoraltans), payments to a nonemployee for services, payments made In settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and grass 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, Coverd ell ESA, Archer MSA or HSA co ntributlons or distilbutiori and pension distributions. You must give your correct TIN, but you do not have to all 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 Qoint The actual owner of the account or, account) if combined funds, the first individual on the account' 3. Custodian aces unt of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor Is also trustee) S. So-called treat account that is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship 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 1.671-4(b)(2)(1) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner Individual A. A valid trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10, Association, club, religious, The organization cheritablo, educational, or other tax- exempt organization 11. Partnership or muld-member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture In the name of a public entity (such 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 1099 Filing Method 2 (see Rogulatlons sectlon'1.671-4(b)(2)p) (R)) List first and cirnie the nems of the parann whmm number you furnish. If only One personal) a joint account has an SSN, that person's number most be furnished. °Circle the onfour's name and furnish the subm'.s SSN. ' You must show your Individual name and you mayalao maryour business or NBA name on the "Business name/disregarded entity' name [in.. You may use either your 5314 or FIN Of ynu have Orel, but the Ips encom.gm you to use your SSN. Ust bast and clonic the name of the tmsp estate, or penslon trust. (Do not furnish the TIN of the personal m,omms tiv. er tru don miles. the legal entity Itself le not designated In the account title.) Also see Speciaf rules forparfnamhfpa on page 2. •Note. Grantor also must prsA e a Form W -a to trustee of trust. Note. If no name Is circled when more than one name Is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, SSN, or other identifying information, without yorx permission, to commit fraud or other crimes. An Identity first may use your SSN 10 get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer Is protecting your SSN, end • Be careful when choosing a tax prepares If your tax records are allected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your ax 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 economic harm or a system problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service R`AS) assistance. You can reach TAS by calling the TAS toll-free case Intake line at 1-877-777-4778 or TTY/ ICD 1-600-829-4059 Protect yourself from suspolous omails or phishing schemes. Phlshing is the creation and use of email and websites designed to mimic legitimate business omails and websites. The most common act Is sending an small to a user falsely claiming to he an established legitimate enterpprise In an attempt to scam the user Into surrendering private information that will be used for identity theft. The IRS does not billets contacts with taxpayers via malls. Also, the IRS does not request personal detailed Information through small 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 he from the IRS, forward this massage to phushmIGPIrmgov. You may also report misuse of the IRS rents, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-600.366-4464. You can forward suspicious emails to the Federal Trade Commission at: spm®uce.gov or contact them at www.Hcgov7ldtheR or 1-077-IDTHEFT (1-877.430-4330). Visit IRS.gev to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons pncluding 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 an ilia form to file informatioh returns with the IRS, reporting the above Information. Routine uses of this Information Include giving It to the Department of Justice for civil and criminal litigation and to sides, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their law.. The Information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and crlmfoal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also op ply for providing false or fraudulent Information. 751-46 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 2201 S. BRISTOL STREET (APN 015-194-23) 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 6 751-47 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 2201 S. Bristol Street (APN 015-194-23), 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 6 751-48 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 '12017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: . ✓ M�nl Vin M. Funk Assistant City Attorney Miguel A. Pulido Mayor 751-49 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 751-50 EXHIBIT A LEGAL DESCRIPTION Real. property In the City of Santa Ana, County of Orange, State of Callfornla, desci lbed as follows: LOT 194 OF TRACT NO. 1192, IN THE CIN OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN GOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN: 015.194-23 751-51 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 EXHIBIT B A aoG8400 aL _� �c }S 9Y. 4[NINVASG � Po 8s _ 4 � i 3 ¢ UIv 02 O Ne a O °'O x _ ._O O._O 0-1 F Resolution No. 2017 -XXX Page 6 of 6 (Marvrtal 910.43 751-52 -asa�s ppM a52 xaae� g 3�a,k i R�gyA g F� a I IN AV(NIIE' Ion C p 3 c 0— O. 1 al, I k IKs"R 0-1 F Resolution No. 2017 -XXX Page 6 of 6 (Marvrtal 910.43 751-52 -asa�s ppM a52 xaae� g 3�a,k i R�gyA g F� a I IN AV(NIIE' Ion 751-53 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 751-54