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HomeMy WebLinkAbout75M - PH - RESO NECESSITY - 2102 S BRISTOLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20.2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2102 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITYk1ANAGER RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' 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 2102 South Bristol Street (APN 408-471-01) 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 2017, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2102 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 14 months. A good faith offer was made on January 30, 2017, in the amount of $1,207,425 (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. 75M-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2102 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 $1,207,425 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. Exebutive Director Public Works Agency FM/EWG/JG/ML - Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: 11� 1��aA 0 Francisco Gutierrez _ /I Executive Director 11/ Finance & Management Services Agency 75M-2 MATCHLINE SEE BELOW RIGHT I I 14oe-335-i7I V�� I I I , I ' ST GERTRUDE PL I i i 40&471-17 I ] j 406-471-M I �r V m KJ"d..1.-d..1.. as-0:144Yi--•_---j P15 -9B9 -P3 91&994-]+-----� '016-984.25 1715.14-28. '095.994�3d, ' I I I l WARNER AVENUE LEGEND -SUGJLCIPRUPEHif - I ULL -COUISITION -:.COL 1P.El, PPOPEPI'f L, EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC ST ANDREW PL , K111111,11,11h -"7"7"'7-'--7 CITY UNCIL INTEREST AND NECESSITY m' Jmt 311 F)� AGENDA E2DATE; SOUTHOBRISTREAL 7 CARLTON PL T7R 11 r I I .✓'�/ I I I T r w i- { IStrategic Plan No. 6, 1G; and 3, 201 PAGE 1 OF 1 U) GLENWOOD PL J I Q.�..�--�•- m CAMDEN PL �..� �ST ANNE PL J -.a_..—___ 11 WI "-._..---- EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC , K111111,11,11h CITY UNCIL INTEREST AND NECESSITY Jmt 311 F)� AGENDA E2DATE; SOUTHOBRISTREAL 7 PROPERTY AT 2102 L STREET (PROJECT NO. 116741 NONGENERAL FUND) PUBLIC WORS AGEHCP IStrategic Plan No. 6, 1G; and 3, 201 PAGE 1 OF 1 75M-3 City « a Ana RECEIPT OF OFFER PACKAGE Bristol Street Improvements -Warner Avenue to saint Andrew Place Parcel File No. 408-471-01 Owner of Record: Tacos Mexico, Inc,, a California corporation Additional Owner(s) of Record: NIA Property Address: 2102 S. Bristol Street, Santa Aria, CA 92704 This is to acknowledge receipt of the offer package containing the following items: Offer letter dated January 30, 2017 which includes; + Fair Market Value of the Subject Property (Exhibit A) Preliminary Report Issued by Title Company (Attachment 1) Property Legal Description (Attachment 2) Statement of Just Compensation (Attachment 3) Summary Explanation Statement (Attachment 4) City of Santa Ana Handbook on Acquisition (Attachment 5) Statement of Ownership (Attachment 6) List of Improvements (Attachment 7) Your Rights Under Title VI (Attachment 8) W-9 Form (Attachment 9) Please return the SIGNED Receipt of Offer Package in the envelope enclosed: Tacos Mexico, Inc. a California corporation By: Its; Date: EXHIBIT 2 75M-4 MAYOR Miguel A. Pulido MAYOR PRO TEM. Michela Martlnaz COUNCILMEMBERS.. P. David Banavides .Vicente Sorinlento Jose Solgrio SRI TinaJore Juan Villages January 30, 2017 Tacos Mexico, Ina. PO Bax 7038 Los Angeles, CA 90022 CITY OF SANTA ANA 20 Civic. Center Plaza o P,O. Box 1988 Santa Ana California 02702 714-647-5013 iAWW ,n ACTING CITY MANAGER Gerardo Mouet CITY ATTORNEY Sonia. R, Carvalho. CLERK OF THE COUNCIL Mai Is O. Hurmar Via Certified Mail SUBJECT, REVISER OFFER TO ACQUIRE PROPERTY AND IMPROVEMENTS TO REALTY AT; 2102 S. BRISTOL STREET, SANTA ANA CA 92704 APN; 408.471-09 Dear Property Owner, This Offer supersedes all previous Offers to Acquire: The City of Santa Ana ("City") is Street Improvements Project be obtained a preliminary title report vested owner of the above -Ment acquire the property located at th real property as described in-Atta "Property" with its plans to construct Phase 4 of the Bristol ter :Avenue and Saint Andrew Place. The City :os Mexico, Inc., a California corporation to be the fy as shown in Attachment 1, The City seeks to itioned address, which consists of the underlying ie area to be acquired is referred to herein as the 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 by certified appraisers for the real estate as well as improvements pertaining to the realty to determine its fair market value, The appraisals were conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land, Based on the appraisals, the City offers you a total compensation of $1,207,425.00. The Fair Market Value of the Subject Property, which serves as tate basis of this offer is attached as Exhibit A, 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. 75M-5 2102 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. 75M-6 2102 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, � `7f Jason Gabriel, Principal Civil Engineer cc: Christopher D. Peterson, Esq. 75M-7 4AM111111 Fair Market Value of the Subject Property Land and structures $1,125,000.00 (as per attached appraisal summary statement) 1. Fixtures and equipment pertaining to realty + $ 82 425.00 (as per attached inventory — see Attachment 7) 2. Total just compensation $9,207,425.00 i. The City has not made a determination as to the ownership of the Fixtures and Equipment. Landlord and tenant will need to come to an agreement as to the ownership of these items, before compensation can be withdrawn from Escrow. 2. The total just compensation offered assumes that the property Is free of any environmental contaminates or other conditions which may impact fair market value. 75M-8 CLTA Preliminary Report Farm (Rev. 11/06) #gt x�EkJne ` Xs$Ati2ericBit ride AWACH> PINT 4 Order Number; O -SA -4443323 - Page Number: 1 Fire American Title Company 4 First American Way Santa Ana, GA 9270 Custo0ier Reference: Order Number: O -SA -4443323 (bdaa) Title Dicer, Bob Davies j Ashley Aegerter Phone: (714)25"094 Fax No. (714)913-6388 E Ma'iia octitie2@f1rstattt.eorri Property: 2102 South Bristol Street Santa Ana, cA:92704 PRELIMINARY REPORT Exhibit Aof this I are not covered it is important to nota that this prefioduary report is nota written representation as to the conditionor title and may not list all llensr defects, and encumbrances affecting title to Yoe land. the issuance of a pollcyof tide e of a poncy of tltte Insurance, a First American Title Page 1 of 15 75M-9 Order Number: O -SA -4443323 Page Number: 2 Dated as of August 26, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested In: TACOS MEXICO INC., A CALIFORNIA CORPORATION The estate or Interest in the land hereinafter described or referred to covered by this Report Is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Covenants, conditions, restrictions and easements in the document recorded as Book 5479, Page 252 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disablliry, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 4. An easement for public street and incidental purposes, recorded October 25, 1983 as Instrument No. 83-469903 of Official Records. In Favor of: The City of Santa Ana, a Municipal Corporation Affects: As described therein HmtAmerycan Title Page 2 of 1s 75M-10 S. G'1 W Order Number: O -SA -4443323 Page Number: 3 A certified copy of a judgment or an abstract thereof, recorded November 19, 2009 as Instrument No. 09-627081 of Official Records. Court: Superior Court of California, County of San Bernardino Case No.: SCVSS 135506 Debtor: Tacos Mexico, Inc. Creditor: Victor Amricachi Amount: $126,409.00, and any other amounts due thereunder A lien in favor of the State of California, evidenced by a certificate issued by the State Board of Equalization, recorded April 11, 2012 as Instrument No. 12-204004 of Official Records. Debtor: 3uan Antonio Guzman doing business as Tacos Mexico Certificate No.: BE -1290134 Amount: $344.01, and any other amounts due thereunder. A Deed of Trust to secure an original indebtedness of $170,000.00 recorded August 19, 2013 as Instrument No. 13-489887 of Official Records. Dated: August 13, 2013 Trustor: Tacos Mexico, Inc., a California Corporation Trustee: Frost Escrow Company, a California Corporation Beneficiary: Lynn Sperling, Trustee and Arnold Sperling, Trustee of The Sperling Family Trust as to an undivided 40% interest and Alvin R. Haveson, Trustee and Sandra Haveson, Trustee of the Haveson Intervivos Trust, as to an undivided 40% Interest and Samuel B. Haveson, Trustee and Sandra B. Haveson, Trustee of the Haveson Family Trust as to an undivided 20% interest Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title Insurance: I. Original note and deed of trust, H. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance Is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company FlistAmerlcan Title Page 3 of 15 75M-11 Order Number: O -SA -4443323 Page Number: 4 8. A Deed of Trust to secure an original indebtedness of $10,000.00 recorded October 01, 2013 as Instrument No. 13-561956 of Oficial Records, Dated: August 28, 2013 Trustor: Tacos Mexico, Inc., a California Corporation Trustee: Frost Escrow Company, a California Corporation Beneficiary: Lynn Sperling, Trustees and Arnold Sperling, Trustee of The Sperling Family Trust as to an undivided 30% interest and Alvin R. Haveson, Trustee and Sandra Haveson, Trustee of the Haveson Intervivos Trust, as to an undivided 30% interest and Samuel B. Haveson, Trustee and Sandra B. Haveson, Trustee of the Haveson Family Trust as to an undivided 180/o interest and Marilyn Fleckman as to an undivided 11% interest and Dena Fleckman as to an undivided 11% interest Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title Insurance: i. Original note and deed of trust. I. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company 9. A lien in favor of the State of California, evidenced by a certificate issued by the State Board of Equalization, recorded March 31, 2014 as Instrurnent No. 14-119319 of Official Records. Debtor: Marlcela F. Ruiz doing business as Tacos Mexico Certificate No.: BE 1328374 Amount: $75,515.70, and any other amounts due thereunder, 10. A lien in favor of the State of California, evidenced by a certificate issued by the State Board of Equalization, recorded September 19, 2014 as Instrument No. 14-380774 of Official Records. Debtor: Juan Hlgareda Torres doing business as Tacos Mexico Certificate No.: BE -1339629 Amount: $13,211.75, and any other amounts due thereunder. 11. A certified copy of a judgment or an abstract thereof, recorded October 29, 2014 as Instrument No. 14-440046 of Official Records. Court: Superior Court of California, County of Orange Case No.: 30-2014-00707961-CL-OE-CJC Debtor: Hector Rochin dba Tacos Mexico Creditor: Bianca Godinez Amount: $28,216.45, and any other amounts due thereunder Flrs`An7er%Can Title Page 4 of 15 75M-12 Order Number: O.SA-4443323 Page Number: 5 J.2. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 13. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 14. With respect to Tacos Mexico, tnc., a California corporation: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. b. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Other requirements which the Company may Impose following its review of the material required herein and other information which the Company may require. First American Title Page 5 of 15 75M-13 Order Number: O•SA-4449923 Page Number: 6 _.....__ _..— —__,_ 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: $3,002,78, PAID Penalty: $0.00 Second Installment: $3,002.78, PAID Penalty: $0.00 Tax Rate Area: 11-102 A. P. No.: 408-471-01 2. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2102 South Bristol Street, Santa Ana, CA, 3. 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: �= 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. FlatAmerlcan TINe Page 6 of 15 75M-14 Qt Ami4" FirstAmeriven ride OrderlsUmbeY:. C -HA -4443323 .Page Number; 7 First Atnedl nTitle Company 4 First American Way Santa Ana, CA 92707 (714)250.3000 Fax WIRE INSTRUCTIONS for First American Title Company, Demand/Draft Sub -Escrow Deposits Orange County, California First American Trust, FSB 5 First American Way Santa Arra, CA 92707 Baulking Services: (877) 600 9473 ABA 122241255 Credit to First American Title Company Account No. 3012SO0000 Reference Title Order Number 4443323 and Tifle Off ieerBob Davies / Ashley Aegerter Please wire the day before recording, Flrst Amer/can Title Pagel QP 15 75M-15 Order Number: O -SA -4d43323 Page Number: 8 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of Californla, described as follows: ALL THAT PORTION OF LAND ALLOTTED TO FREDERICK W, KOLL, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1968 IN BOOK 8, PAGE 410 OF JUDGEMENTS OF THE DISTRICT" COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF ST. GERTRUDE PLACE AT A POINT DISTANT SOUTH 89049'15" EAST 230.98 FEET FROM THE CENTER LINE OF PACIFIC AVENUE AS SAID STREETS ARE SHOWN ON A MAP OF TRACT NO. 2207, RECORDED IN BOOK 62, PAGES 23 AND 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0010'45" WEST PARALLEL WITH CENTER LINE OF PACIFIC AVENUE 100.00 FEET IN THE NORTHWEST CORNER OF THAT CERTAIN 3,56 ACRE PARCEL OF LAND AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 24 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89049'45" EAST ALONG THE NORTH LINE OF SAID 3.56 ACRE PARCEL 517.00 FEET TO THE WEST LINE OF BRISTOL STREET AND THE NORTHEAST CORNER OF SAID 3.56 ACRE PARCEL; THENCE NORTH 0°10'45" EAST ALONG SAID WEST LINE 75,00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE 39.27 FEET THROUGH A CENTRAL ANGLE OF 900 AS SHOWN ON SAID TRACT MAP, TO THE SOUTH LINE OF ST. GERTRUDE PLACE; THENCE NORTH 89045'15" WEST ALONG SAID SOUTH LINE 492.00 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE WESTERLY 397.00 FEET. APN: 408-471-01 FirstAmelxan Title Page 8 of 15 75M-16 9 a' 3fiN3AV O and y Mnb(tl39 15 p 0 aCo R g8 m - $83�0 E�3�w�3 k �tada� <�fFsa� Order Number: O -SA -4443323 Page Number: 9 61-zry g 3JV7d 3017N1N3P 2s3 es @ a First American Title Page 4 of 15 75M-17 x Y Q Z I tl. Q M � m � M o B i 8 � S R •• ^ W S c sr. g 3JV7d 3017N1N3P 2s3 es @ a First American Title Page 4 of 15 75M-17 x Order Number: O -SA -4443323 Page Number: 10 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title Insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. f-%rstAmerlcan Tithe Page 10 of 15 75M-18 Order Number: O -SA -4443323 Page Number: It EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOW N ER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule e, You are not Insured against lass, costs, attorneys' fees, and expenses resulting from: 1, Governmental police power, and the existence or violation or those portlons of any law or government regulation concerning: (a) building; (d) Improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This ExCluslon does not limit the coverage described In Covered Risk 8.a., 14, 15, 16, 18, 14, 20, 23 or 27, 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable bullding codes. This Exclusion does not limit the coverage described In Covered Risk 14 or 15, The right to take the Land by condemning It. This Exclusion does not limit the coverage described in Covered Risk 17. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded In the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded In the Public Records at the Policy Date; (c) that result In no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described In Covered Risk 7, e.e., 25, 26, 27 or 28. Fallure to pay value for Your Title. Lack of a right: (a) to any land outside the area specifically described and referred to In paragraph 3 of Schedule A; and (h) in streets, alleys, or waterways that touch the Land, This Fxclu5 on does not limit the coverage described in Covered Risk 11 or 21, The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state Insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your Insurance for the following Covered Risks Is limited on the Owner's Coverage Statement as follows; For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown In Schedule A. In addition to the Exceptions In Schedule B, you are not Insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Includes bullding and zoning ordinances and also laws and regulations concerning: (a) and use (b) Improvements on the land (c) and division (d) environmental protection This exduslon does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date. This exclusion does not limit the zoning coverage described In Items 12 and 13 of Covered Title Risks. 2, The right to take the land by condemning it, unless: F%rstAmerlcan Title Page SS of 15 75M-19 Your Deductible Ameypt Our Maximum DWlar Limit of Liability Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000,00 Covered Risk 19: 1% of Policy Amount or $5,000,00 (whichever Is less) $25,000,00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever Is less) $5,00400 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions In Schedule B, you are not Insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Includes bullding and zoning ordinances and also laws and regulations concerning: (a) and use (b) Improvements on the land (c) and division (d) environmental protection This exduslon does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date. This exclusion does not limit the zoning coverage described In Items 12 and 13 of Covered Title Risks. 2, The right to take the land by condemning it, unless: F%rstAmerlcan Title Page SS of 15 75M-19 Order Number; O -SA -4443323 Page Number: 12 (a) a notice of exercising the right appears In the public records on the Policy Date (b) the taking happened prior to the Policy Date and Is binding on you If you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date -- unless they appeared In the public records (c) that result In no loss to you (d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 or Covered Title Risks 4. Failure to pay value For your title. S. Lack of a right: (a) to any land outside the area specifically described and referred to In Item 3 of Schedule A OR (b) In streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage In Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (O6-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I, (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (11) the character, dimensions, or location of any Improvement erected on the Land; (li) the subdivision of land; or (Iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2, Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3, Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Clalmant; (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 11); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4, Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the ,tate where the Land Is situated. 5. Invalidity or unenforceablllty In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-In-londing law. 6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (h) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy farm may be Issued to afford either Standard Coverage or Extended Coverage, In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1, (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any Facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. FrstAmencan Title Page 12 of 15 75M-20 Order Number: O-SA4443323 Page Number: 13 4, Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or meet lal not shown by the public records. 2006 ALTA OWNER'S POLICY (06.17-06) EXCLUSIONS FROM COVERAGE The follming matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' rees, or expenses that arise by reason of: 1, (a) Any law, ordinance, permit, or governmental Mgulatlon (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (11) the character, dimensions, or location of any Improvement erected on the Land; (Iii) the subdivision of land; or (Iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain, I"his Exclusion does not modify a limit the coverage provided under Covered Risk 7 or H. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value forthe Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown In Schedule A, Is (a) a fraudulent conveyance or fraudulenttrinsfer, or (b) a preferential transfer for any reason not stated In Covered Risk 9 of this policy. S. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other Instrument of transfer in the Public Records that vests Title as shown In Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing Ileus by the records of any taxing authority that levies taxes or assessments on real property or by the Public Rererdsj (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons in possession of the Land 3. Easements, Ilene or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records, 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records, ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' rare, or expenses that arise by reason of: Frstknerican Title Page 13 of 15 75M-21 Order Number: O -SA -4443323 Page Number: 14 1, (a) Any law, ordinance, permit, or governmental regulation (Induding those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (Ip the character, dimensions, or locatlon of any Improvement erected on the Land; (III) the subdivision of land; or (Iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations, This Exclusion Ila) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16, 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8, 3. Defects, (lens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured underthis policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 26, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage, 4. Unenforceability, of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated, 5. Invalidity or unenforceability In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protection or truth -in -lending law, This Exclusion does not modify or limit the coverage provided In Covered Risk 26. 6, Any claim of Invalidity, unenforceability or lack or priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown In Schedule A is no longer the owner of the estate or interest covered by this policy, This Exclusion does not modify or limit the coverage provided In Covered Risk 11. 7, Any ilen on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or Ilmlt the coverage provided in Covered Risk 11(b) or 25, 8. The failure of the residential structure, or any portion of It, to have been constructed before, on or after Date of Policy In accordance with applicable building codes, This Exclusion does not modify or limit the coverage provided In Covered Risk 5 or 6. 9, Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Risk 27(b) of this policy. HngtAmer%Can Title Page 14 of 15 75M-22 Order Number! Q^9A-4443323. Page Number; 15 _ Former Sostarrers Eftif yauaranaknix d),costomrr,ourPiracy iikyw11 intima to Ajlplytoyou, en(iistoietyou know atkthe Ohne or order or allow you v, armasSpairc BuslnescR¢IaHoash,6 firstAma+l©nFinunfal maraBonsshe and R52fiIlabes slaw WAY cantaln Iths,to other Web gleSa4ldtaWe,Wto'link only to Alias that sbamour h(g&stmdardsandrespect for prNecy,Wi+am not asppnslble for die ca sento,butie cYprecthes emplgyel by otherslmg. as, 51ta acNthy are to customize Information to ypurpe?5onat taates.A ax0l0d is an eiealentofdola that a Website you When visiting aur sire, save you ago, When you are here and to provide you WIN a Blore Man aged dad prig rn all our hushunaes WdontyOff" produces and SMhaselatassuma taVou hiesbalance aseften condftmef orne(Irs and cgt}symeir eta suinUaent Yet.. tur sodelyr eahanrQrtvmshmer dicho and creates bapsomer opportunity. We ably support sooner publicmomil emtaidyeas an Fb[m50,PFIVACY(4/1/iQ) Papal of I PrNaty tnFarmatkin (2001-2010 Fir;t Amel lean Financial Corporation) firtstAmePlcan Title Page 15 or 15 75M-23 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LAND ALLOTTED TO FREDERICK W. KOLL, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1968 IN BOOK B, PAGE 410 OF JUDGEMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF ST. GERTRUDE PLACE AT A POINT DISTANT SOUTH 89049'15" EAST 230.98 FEET FROM THE CENTER LINE OF PACIFIC AVENUE AS SAID STREETS ARE SHOWN ON A MAP OF TRACT NO. 2207, RECORDED IN BOOK 62, PAGES 23 AND 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0010'45" WEST PARALLEL WITH CENTER LINE OF PACIFIC AVENUE 100.00 FEET IN THE NORTHWEST CORNER OF THAT CERTAIN 3.56 ACRE PARCEL OF LAND AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 24 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89049'45" EAST ALONG THE NORTH LINE OF SAID 3.56 ACRE PARCEL 517.00 FEET TO THE WEST LINE OF BRISTOL STREET AND THE NORTHEAST CORNER OF SAID 3.56 ACRE PARCEL; THENCE NORTH 0010'45" EAST ALONG SAID WEST LINE 75.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE 39.27 FEET THROUGH A CENTRAL ANGLE OF 900 AS SHOWN ON SAID TRACT MAP, TO THE SOUTH LINE OF ST. GERTRUDE PLACE; THENCE NORTH 89045'15" WEST ALONG SAID SOUTH LINE 492.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 397.00 FEET. 75M-24 STATEMENT OF JUST COMPENSATION Assessor's Parcel: Property ,Owner: Property Address: Location of Parent Property: Description of Parent Property: ATTACHMENT 408-471-01 Tacos Mexico, Inc., a California corporation, 2102 South Bristol Street Santa Ana, California Southwest comer of Bristol Street and Saint Gertrude Place, within the corporate limits of the City of Santa Ana. The property is presently improved with a fast food restaurant building of wood frame and stucco construction. The building contains 1,300 square feet; and was originally constructed in 1962. Other appurtenant on-site improvements located within the boundaries of the subject parcel include a trash enclosure, asphalt paving, concrete paving, wrought iron fencing, business sign, metal frame light standards, concrete curbing, concrete planter curbing, concrete auto stops, metal bollards (auto stops), and marked automobile parking spaces. Overall condition of the subject improvements is rated average, considering the age. The development is situated on a parcel containing 11,066 square feet of land area. Zoning: Bristol Street Corridor Specific Plan. The property has been considered and appraised under the previous zone classification of C- 5 (arterial commercial) as a means of avoiding project influence. Topography: Effectively level topography. Utilities: In place at site. Highest and Best Use: Highest and hest use is defined as the reasonably probable and legal use of land, which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Cormmercial development, As improved: Existing use. Date of Value: December 14, 2016 Public Use for Property: Bristol Street Improvement Project. Estate to be Acgnired: Fee simple acquisition of entn�e subject property. 75M-25 STATEMENT OF JUST COMPENSATION Legal Description: All that portion of land allotted to Frederick W. Koll, in the City of Santa Ana, County of Orange, State of California as described in the final decree of partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1968 in Book 8, Page 410 of Judgements of the District Court of the 17°i Judicial District in and for Los Angeles County California. Area to be Acquired; 11,066 square feet of land area (full acquisition). Market Value: $1,125,000. 75M-26 Summary of the Basis for Just Compensation There are three conventional methods (approaches) which can be utilized to estimate value. They axe the Sales Comparison Approach, Cost -Summation Approach, and Income Capitalization Approach. The Sales Comparison Approach and Income Capitalization approach have been applied to the subject property. The Cost -Summation Approach is without meaningful application in the subject case due to the age of the existing improvements and resultant difficulty in accurately estimating accrued depreciation. Further, market participants rarely rely on the Cost -Summation Approach when making buy -sell decisions. Safes Comparison Approaelt: The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the principle of Substitution, which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in malting the substitution," Thus, the Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. The Sales Comparison Approach has been applied to the subject property after an investigation and analysis was conducted of unproved commercial office building properties located within the immediate and general subject market area, Following is a summary of those sales considered helpful when estimating the value of the subject property as presently improved. 75M-27 Land Size Corner Zoning Land/Bldg. $/SF Land Data Aate Bldg. Size Built Const'n, Ratio Sale Price $/SF Bldg. I. 4-15 18,609 sf yes C-1 7.92:1 $1,200,000. $ 64.48 2,349 sf 1960 frn./stue. $ 510.86 807 North Tustin Street, Orange 2. 8-15 17,860 sf yes SP -2 11.91:1 $ 975,000. $ 54,59 1,500 sf 1967 frm./stuc. $ 650.00 1005 South Harbor Boulevard, Santa Ana 3. 10-15 25,265 sf no RM -4 6.56:1 $1,000,000. $ 39.58 3,852 sf 1975 fnnAtuc. $ 259.61 1221 East Lincoln Avenue, Anaheim 4, 1-16 8,712 sf yes C-2 10.37:1 $ 895,000. $ 102.73 840 sf 1967 frm./stuc. $1,065.48 2101 Harbor Boulevard, Costa Mesa 5. 946 14,810 sf no P 12.59:1 $1,232,500. $ 83.22 1,176 sf 1969 frin./stuc. $1,048.04 2320 East 4th Street, Santa Ana 75M-27 Summary of the Basis for Just Compensation (Continued) Sales Comparison Approach: (Continued) The improved properties surveyed contain buildings ranging in size from 840 to 3,852 square feet. The buildings were constructed between 1960 and 1975, and are situated on parcels ranging in size from 8,712 to 25,265 square feet of land area. The sale properties employed herein represent the most recent comparable improved sale properties available for analysis. Due to the lack of a representative number of reasonably comparable improved commercial properties having recently sold within the iturnediate subject market area, it was necessary to expand the (1) chronological time frame, and (2) geographic search area to include the nearby communities of Orange, Anaheim, and Costa Mesa. Particular consideration has been assigned to differing market conditions, general location, along withnnmediate environmental influences in the analysis of the sale properties employed herein. After viewing each of the sale properties, and verifying details of the various transactions, the primary unit of analysis employed herein is the overall purchase price. Two other factors developed filom the residential sale properties were utilized as secondary units of analysis; they are the (1) overall purchase price per square foot of land area, and (2) overall purchase price per square foot of building area. The overall purchase prices range from $895,000 to $1,232,500. The purchase prices produce a range of value of $39.58 to $102.73 per square foot of land area, and $259.61 to $1,065.48 per square foot of building area. All of the sales employed herein conveyed title to the fee simple interest, and represent arm's-length transactions. Financing terms of each sale were typical of the subject market area. Adjustments are not warranted for property rights conveyed, conditions of sale, or financing terns. Certain of the improved sales data considered extended over a time period back to the second quarter of 2015. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between. April, 2015 and September, 2016. Inasmuch as the sales took place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: General location. Availability of public alley. Immediate environmental influences. Overall dcvelopability. Zoning. Site frontage/depth ratio. Vehicular and pedestrian access, Site prominence and exposure. Vehicular and pedestrian traffic. Proximity to freeway. Building size/feanires. Building reanedeling, if any. Building age and condition. On-site parking capacity. Construction type and quality. Extent of other on-site imptoveaaents. 75M-28 Summary of the Basis for Just Compensation (Coutinued) Sales Comparison Approach: (Continued) A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. The Relative Comparison Analysis is similar to paired data analysis without the use of arbitrary or unsupportable quantitative adjustments. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof. Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in making the analysis of each property. The general location, immediate environmental influences, land size, building size and features, building age/condition, as well as site prominence/exposure were considered the most important factors in the subject case. Overall marketability of each sale property was also considered. Marketability is the practical aspect of selling a property in view of all the elements constituting value, and certain economic and financing conditions prevailing as of the date of sale. Allowance was made for these factors when considered applicable. Another important factor considered in analyzing the overall purchase price per square foot of building area is that of the land building area ratio. The sale properties have ratios ranging between 6.56:1 and 12.59:1. The subject property has a ratio of 8.51:1. All of the sale transactions employed herein were considered helpful in the valuation analysis of the subject property. Following is a summary relating the overall comparability of the individual sale properties to the subject site: Based on the foregoing, the value of the subject property, as indicated by the Sales Comparison Approach, is estimated at $1,100,000, which reflects $99.40 per square foot of land area, and $846.15 per square foot of building area. 75M-29 Overall Data Comparability Sale Price 4 inferior $ 865,000. 2 slightly inferior $ 975,000. 3 similar $1,000,000. Subject - - - - $1,100,000. 1 similar $1,200,000. 5 superior $1,232,500. Based on the foregoing, the value of the subject property, as indicated by the Sales Comparison Approach, is estimated at $1,100,000, which reflects $99.40 per square foot of land area, and $846.15 per square foot of building area. 75M-29 Summary of the Basis for Just Compensation (Continued) Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long term vacancy/credit loss and various expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. Following is the income and expense schedule considered applicable to the subject property. Main building 1,300 SF @ $4.00 = $5,200. Total gross annual income: $5,200 x 12 = $62,400. Vacancy and credit loss (3.0%): - 1.872. Effective gross annual income: $60,528. Annual expenses: $/$F °/ EGI Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.0% 00. Management (3%): 1.40 3.0% 1,820. Legal and accounting: 0.35 0.70/ 450. Maintenance/repairs: 1.15 2.5% 1.500. $2.90 6.2% Total annual expenses: - 3.770. Net annual operating income: $56,758. Capitalization of net income: $56,758 capitalized at 5.00% _ Reconciliation: Value indicated by Sales Comparison Approach: Value indicated by Cost -Summation Approach: Value indicated by Income Capitalization Approach: Final Estimate of Marlrel Value: $1,135,160. Adjusted: $1,135,000. $1,100,000. Not applicable. $1,135,000, Based on the foregoing, as well as the valuation analysis set forth in the appraiser's file, the market value of the unencumbered fee simple interest in the subject property, in as -is condition, exclusive of non -realty Fixture/equipment items, is estimated at $1,125,000. 75M-30 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 yo u 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 detennined 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. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California, 75M-31 j a �HANDBOOKI CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 75M-32 Dear Property Ownei 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. 75M-33 TABLE OF CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? 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 PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF JUST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT MAPPENS IC 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 1T. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75M-34 WHY IS MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street. WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure, WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar witb 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 he 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. 75M-35 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 hest interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several mouths to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT IS IN THE CITY'S STATEMENT OF TIIE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. 75M-36 • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired. • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. • The amount of the offer. • Where appropriate, the ,just compensation for the real property acquired and for damages to remaining Teal property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza M-36, Santa Ana, CA 9270-2, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT THE CPPY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 75M-37 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if: 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing, After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury tial, 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 are to be reimbursed for your litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75M-38 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of'. Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith, Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be. responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on die 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. 75M-39 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 RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? Tf 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 of 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 you property, you camrot be required to move before you receive the agreed purchase price. In the case of a condemnation, you camrot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement Cali be worked out. You catmot 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. 75M-40 (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 TAN 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 tram 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 tinder 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. 75M-41 t ATTACHMENT 6 STATEMENT OF OWNERSHIP PERSONAL PROPERTY, TENANT IMPROVEMENTS, FIXTURES AND EQUIPMENT PARCEL NO,: PROJECT: CCU: TENANT'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Date: Tenant. PROPERTY OWNER'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Property Owner Date: Please have each signature on this document notarized. 75M-42 ( ( ATTACHMENT 7 CITY OF SANTA ANA TACOS MEXICO INC. 2102 S. BRISTOL PUBLIC WORKS AGENCY FAIR MARKET VALUE IN-PLACE SANTA ANA _ DATE OF VALUE: MARCH 3, 2016 L Q C Q I T DESCRIPTION: o U FMV IN N X IMPROVEMENTS PERTAINING TO THE REALTY N A PLACE E D L INTERIOR 1 2 1 WALL AND COLUMN MIRROR, (108)SF A A 4405 1,470 3 4 1 WALL TILE, 4" CERAMIC, (224)SF F A 4408 2,030 5 6 3 COLUMN TRIM NEON LIGHTS, 4'L EACH F A 4408 240 7 8 1 LOT C/O NEON TUBE WINDOW TRIM, (200)LF A A 4412 2,030 9 10 '1 SURVEILLANCE SYSTEM, C/O (1) GENERIC CPU, (1) F A 44'13 1,070 MONITOR, HP 20" FLAT, (5) MISC CAMERAS, HI -DEF, 4440 COLOR 11 12 1 DRIVE THRU COMMUNICATION SYSTEM C/O, (2) 3M F A 4420 1,400 VOICE BOXES, (1) WIRELESS INTRACOM FOR HEADSET, (1) 3M INTRACOM CONTROL BOX, 13 14 1 RANGE HOOD, 7FTX4FT, SS, 4 FIRE NOZZLE, KITCHEN A A 4426 4,155 NIGHT SUPRESSION MDL PGL -300, W/ NMCH3 CONTROL HEAD 15 16 1 WALK-IN COOLER, METRO AIR, SS EXTERIOR INTERIOR A A 4430 10,780 SKIN, (1) MANDOOR, (2) REACH -IN DOORS, 2'X2' (1) SHELF, INSET, 3 TIER, DBL FAN COOLING COIL, RUSSEL, MDL AA26-70B, 9'X6'X7'H, 4"iNSUL, NO FLOOR 17 18 1 WATER HEATER, WHIRLPOOL, 35 GAL, F A 4431 470 19 20 1 WALL UTILITY SINK, SS, SGF, 10"X12" A A 4431 565 21 22 1 SCULLERY SINK, SS, DBL BASIN, SGF, 6FT A A 4432 1,510 23 24 1 WALL SHELF, SS, 6FT A A 4432 150 25 26 1 WALL UTILITY SINK, SS, SGF, 15"X15" F A 4431 325 27 28 1 WALL COUNTER WISINK, SS, 15"X15" SINK, SGF, 7FT SS A 4433 1,450 COUNTER 29 30 1 AIR CURTAIN, 36', NO ID, INSTALLED F/P A 4436 535 31 32 1 WALL COVER, SS SHEET, EST (325)SF F A 4426 1,755 4431• 3 33 34 1 SIGN, NEON TUBE, OPEN/DRIVE THRU, 2'X2' A A 4461 400 Hjelmstrom Associates Page Al 75M-43 67 68 69 70 TOTAL IMPROVEMENTS PERTAINING TO THE REALTY Hjelmstrom Associates 75M-44 $ 82,425 Page A2 CITY OF SANTA ANA TACOS MEXICO INC. 2102 S. BRISTOL PUBLIC WORKS AGENCY FAIR MARKET VALUE IN-PLACE SANTA ANA DATE OF VALUE: MARCH 3 2016 L Q C Q I T DESCRIPTION: O U v_ FMV IN N Y IMPROVEMENTS PERTAINING TO THE REALTY N A PLACE E D L 35 36 EXTERIOR 37 38 33 SIGNAGE, INDIVIDUAL LETTERS, MTL CHANNEL BOX, G A 4460 18,560 PLASTIC FACE, ILLUMINATED, 30"H 4 39 40 3 SIGNAGE, LOGO, MTL CHANNEL BOX, PLASTIC FACE, G A 2,025 ILLUM, 3'X3' 41 42 2 SIGNAGE, MTL CABINET, PLASTIC FACE, ILLUM, 2'X2' G A 900 43 44 80 LETTERS, DECAL, IN, A A 85 45 46 5 SECURITY LIGHTS, HI PRESSURE SODIUM BULB, A A 4462 1,940 47 48 4 MATURE MINI DATE PALMS A A 4455 1,000 49 50 4 MATURE ROSE BUSH A A 4456 300 51 52 1 SIGNAGE, 20'HX10" DIA POLE, 5'X10' SIGN BOX, ILLUM, A A 4459 10,370 DBL SIDE 53 54 1 AIR CURTAIN, 35", MARS, 36N-0 F A 4461 920 55 56 2 OUTDOOR DINING TABLES, 46"DIA, 8 SEAT, STL A A 4460 1,000 UMBRELLA 57 58 3 LIGHT STANDARD, 25',12"X18" HI PRESS SODIUM F A 4458 4600 59 60 4 MATURE DATE PALM OR EQUIV A A 4462 4,000 61 62 2 MATURE HIBISCUS SHRUB A A 4462 240 63 64 1 MENU DRIVE THROUGH BOARD, MOUNTED TO LIGHT F A 4465 1,600 STD, ILLUM, 4'X6' (1) STL FILLED BULLARD, 24" 65 66 1 STORAGE ROOM, FREESTANDING, STUCCO FINISH F A 4466 4,550 (OLD WALK-IN?) 67 68 69 70 TOTAL IMPROVEMENTS PERTAINING TO THE REALTY Hjelmstrom Associates 75M-44 $ 82,425 Page A2 Epic Lind Solutions, Inc. 2601 Airport Drive, Suite 130 Torrance, CA 50505 Phone: (310) 986-2560 Fax: (310) 891-3348 CITY OF SANTA ANA. TITLE VI INFORMATION PACKAGE The prQjeet proposed by the agency listed above will -be receiving federal financial assistance. Pursuant to Tith. VI of the Civil Rights ,qct of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation, in, be denied the benefits of, or be subjected to discrimination corder 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 iufunnation to further explain your rights. The Paekagemclucles the following document? • Title VI Dooklat ■ Title VI of the 1464 Civil Rights Act and Related Statutes ■ Right of Way Title VI Survey Form with Self Addressed Stamped Envelope e Right of Way Title VI Discrimination Complaint Form ■ The U,S. Department of Commerce Census 13awau, Language Idemifreation Flashcard It is requested the Right of Way Title VI Survey .Form be completed and returnedin the self- addressed stamped envclape. 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 Flasheard, or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following; Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza M-3 6 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FORTHE PUBLIC GOOD www.EpicLand.com 75M-45 z LU 0 w CaLU.. c00 re ®I LAWO cW Mb= ... N G N a N o M G N a yi m sola;„ a°s oHi Ao z p N L N J O m u_ n� o � u! So52 G 08'rU aen -0 o 0 N N UU,. by (vy o o v - O � N o M a G p N N rv� u��r uu �u�o� o Via, o° o � 0 rQ3 _oma nn = N 601 N C 2 A" 75M-46 m imp a-0 9 �.. m _ 0[U.i ✓ An $.. N Q c. G O .00m. a,_ 0'- cc N u G O r N O C .5 M 0 N •� rt CL -A iJ 3 :y 75M-47 z M m ¢tl Q •t"''. 'K7 M C5. G pp a � C c u c 'v 32 w 8 E 'T'Sb..p- M TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE page t ore NONDISCRIMINATION STATUTES + Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that; "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) Tile 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 suhjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) + The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex he 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 TI -IE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF TIIE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB-RECIPTENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) + The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) tninimizing 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 implemeutation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75M-48 TITLE VI OF THE. 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page2 of 2 • 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 DISCRIMINA"CION 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 loon `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law." • Title V111 of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that; "(1) It shall be unlawful...to refuse to sell or Font after the making of a bona fide offer, or to refuse to negotiate for the sale of rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DISCRIMI'NA'TION IN THP, SALE OR RENTAL OF HOUSING— HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. • Title IX of the (Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FHWA-HCR-06-006 75M-49 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 farm in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: T Under 40 _ 41-65 _ Over 65 Race/Ethnicity: White _ American Tribe Black Pacific Islander _Hispanic _Other _ Asian Specify: Language spoken, if other than English: Are you or any member of your household suffering any physical disability or medical condition? _'Yes —No Are you a low-income family? _ Yes —No Enclosure 75M-50 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P1, 93-579) and the Information Practices Act of 1977 (Civil Cada 9octinns 1706 , At surd, notice in hereby given for the mquest or pamcuul Infnrmalion by thio farm. The requested personal Information Is voluntary. Tho prodpal Once." of the voluntary, laban allon is to radlllate the processing of this farm. The failure to provide all or any pad of the iequecfed Iofermailon may delay pmmassin9 of this from. No dledosure of personal Inlmmrallan will be made unless ponniesihle under Aulde 6, section I7o0.24 of the IPA of WT. Each Indlaidoal has Iho right upon request and proper id,m6flwllon, to Inspect all tenement Inrormalian in my road mainlmined on the lndiNdual hyanldenti n ndioulm. Directaa In shies on infmrmatlmn mfllnlenenca to our lPAOffice. Dist Co RIC Post 13ASIS ON DISORINIINATION ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low -Income [] Non-English Speaker Provide datc(s) and place of alleged discrimination Describe the nature of [lie author, decision, or conditions of the alleged discrimination (Arach Extra Page. If Necessary) Name of individuals (if Known) responsible for the action, decision or condition of alleged discrimination Provide supporting information known to complainant in support of his/her allegation Identify possible witnesses whom the complainant believes can provide factual infomlation about this allegation action requested NOTE; The use of the Title VI Discrimination Complaint tutor is not mandatory, you may proton your complaint In ally Serra Inar contains your signature 75M-51 Motka i kahhon ya yangin rnt0fignu' manaitai pattilattingnu' kurnentos Chamorro. 11 iwiwu& Ozaa"cite ovaj kvadratie ako citate ili govorite hrvatski jezik; Za"skrtq"ete tuto kolonku, pokud cute a havohtte pesky. Kruis dit vakjGaan als u Nederlands kunt lezen of spreken. Mark this box if you read orspeakEnglish, 75M-52 1. Arabic 2. Armenian 4.'Cambodian 5. Chamorro fi. Simplified Chinese 7.Traditional Chinese $:Croatlatl. 9. Czech 10. Dutch 11. English 12, Farsi _�,,ai 6 ,I UO t,l t1,14t�-A qI U. ' 1" gV—If �`L,�`4Znttl' tt---phip wjru ,pmmudl.... Ldr h b tununci� ttwd' tlw(<tliieJ' b,p 4wjhp6"u: FI WC°f%fi1i °ft dff ?f 0afZ hTt f�j- t llyiESiS1lii�ii�iiEtStSa tttF�fi##1S SSStYJlift�lftS1 tit y Motka i kahhon ya yangin rnt0fignu' manaitai pattilattingnu' kurnentos Chamorro. 11 iwiwu& Ozaa"cite ovaj kvadratie ako citate ili govorite hrvatski jezik; Za"skrtq"ete tuto kolonku, pokud cute a havohtte pesky. Kruis dit vakjGaan als u Nederlands kunt lezen of spreken. Mark this box if you read orspeakEnglish, 75M-52 1. Arabic 2. Armenian 4.'Cambodian 5. Chamorro fi. Simplified Chinese 7.Traditional Chinese $:Croatlatl. 9. Czech 10. Dutch 11. English 12, Farsi EwnnmFcs end At'V Nn AdminlMntlaA U.S, CENSUS BUREAU 75M-53 13. French 14, German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21, Italian 22.Japanese 23. Korean 24. Laotian 25. Polish Coeher ici si vous lisez ou parlez le franrais. I{reuzen Sic dieses K5stchen an, wenn Sic Deutsch lesen oder sprechen. ® Ygi.LEubo-rE Duro ro tJ.aioto av Stapaiere I VA re EXXgvtrA. Make kazye sa a si on li oswa on pale krey0l ayisyen. 3Tr 3T7 tF�t'IT tZ U45tr ift itt i�F W77 tR cs+TfF I Kos lub voj no yog koj paub twm thiab hais his limoob. ® lelolje meg ezt a kockdt, ha meg6rti vagy beszeli a magyar nyelvet. ® Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. Marchi questa casella se Legge o parla italiano. ❑ 21114 N21 ;?r %kTq °l 5dq RhMAP19 . 26wni-;Wejt q"-wiudgiAdgnwqoq@qo. ❑ Prosimy o zaznaczenie tego kwadratu, jezeli posluguje sib Pan/Pani jgzykiem polskim. nv.�ann U.S. DEPARTMENT OF COMMERCE EwnnmFcs end At'V Nn AdminlMntlaA U.S, CENSUS BUREAU 75M-53 13. French 14, German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21, Italian 22.Japanese 23. Korean 24. Laotian 25. Polish ❑ Assinale este quadrado se voc6 le ou fala portugues. ❑ (nsemnali aceasta casuia dacz citi(i sau vorbiti romflne¢te. IIOMeT6Te aTOT xnappaTux, ecru u6t rrnTaeTe WIN ronoprrTe no-pycexct. 06enea rrTe oaaj xsaAparul3 yxonnxo YnTaTe xnn roeoprtTe cpncxx jesKx. El Ozna6te tento 9tvor6ek, ak viete Maealebo hovorifpo slovensky. ❑ Marque esta casilla si lee o habla espafiol. ❑ Markahan itong kuwadrado kung kayo ay rmmnong magbasa o magsalita ng Tagalog. ❑°ltinvFlioauu�ua�`lu�loaci�vl�ud�uuio�yFln�v�'lnu. ❑ Maaka'i he puha ni kapau 'oku ke lau pe lea fakatonga. ® ]3ij[MiT[Te IM xtrirHffKY, RxnlO uu nHTaeTe a6o roaopnTe yxpahtcvxoto MosotO. r ❑ Xin danh dan vao 8 nay n6u quy vi bii t doc va not dttdc Viot Ngtf. ❑ .V' 7N VU"I 1YIN O)Y»5 'M 7)IN 5OV"I bY7 u)7))sNa DB -3309 U.S. DEPARTMENT OF COMMERCE Eaanomlis.�ds,adsnos Adm,.WWI.n 75M-54 U.a. CENSUS 9UREAU 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33. Tha i 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese T a HI Farm W-9 Request for Taxpayer Give Form to the (Rev.December2014) identification Number and Certification requester, Do not Department of the Treasury Send to fire Itis. Internal Revenue Service 1 Name (as shown on your Income tax return). Name Is required on this line; do not leave this line blank. 2 Business name/dludliarded entity name, If different from above ci m a e 3 Check appropriate box for federal lax classification; check only ono of the following seven bozos: 4 Exemptions (codes apply only to certain entities, not individuals; see o ❑ Individual/sole proprietor or ❑ C Corporation ❑ 5 Corporation ❑ PaHnerchl Trustlestale P Instructions an page 3): a o single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S -S corporation, P=partnamhlp) ► Exempt payee code (if any) `o Note. Fora single -member LLC that is disregarded, do not check LLC; check the appropriate box In the line above for Exemption from FATCA reporting the tax classification of the single -member owner. code (If any) C Q. ❑ Other(.. lnstruatfahs) 0 (Applresmvccaunte malnUlned d,mtle lM1e USJ w 5 Addmss (number, street, and apt, or suite no.) Raquester's name and address (optional) U W a w 9 City, state, and ZIP cad. v y 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given online 1 to avoid I Social security number backup wlien, sole For individuals, this Is generally your social I i stru number (page However, fora _ m resident alien, sale proprietor, or disregarded entity, sea the Part I instructions on page 3. FoY other entities, it Is your employer identification number (EIN). If you do not have a number, see How fa get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer tdenUncation number guidelines on whose number to enter- F—F-1 F—I-7—F—FT-1-1 Under penalties of perjury, I certlfy that: I. 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 (h) 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 (o) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S, person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting Is correct. Certification Instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have 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, sign Signature of Here U.S.paraon► onto 10. General instructions Section references are to the Intimal Revenue Code unless otherwhe, noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) Is at www.lm.9ov/M199. Purpose of Form An Indlodual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns Include, but are not limited to, the following: • Form 1099 -INT (Interest earned or paid) • Farm 1099 -DIV (dividends, Including those from stacks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-5 (stock or mutual fund sales and certain other transactions by brokers) • Farm 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form f 090 (home mortgage Interest), 1099-E (student loan Interest), 1090-T (tuition) • Form 1099-0 (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. Hyde do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. Soo What /s backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3, Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S, person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the wlthholeing tax on foreign partners' share of effectively connected Income, and 4. Carilty 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 Informaffan. Cat. No, 1923'1% 75M-55 Form W-9 (Rev. 12-2014) Form W-8 (Rev. 12-201 Note. If you are a U.S. person and a requester gives you a form ether than Form W-9 to request your TIN, you must use the requester's form If It Is substantially similar to this Farm 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. residual ellen; • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding lax under section 1446 on anyforelgn partners' share of effectively connected taxable Income from such business. Further, In certain cases where a Form W.9 has not been mcolved, the rules undersectlon 1446 require a partnership to presume that a partnerfs a foreign person, and paythe section 1446 withholding tax. Therefore, If you are a U.S, person trot Is a padnerin 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 yourshare of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on Its allocable share of nal Incomefrom 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 US. 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 irusti, the U.S, trust (other than a granter trust) and not the beneficiaries of the trust. Foreign person. If you are aforelgn parson or the U.S. branch of a foreign bank that has elected to he treated as a U,S. person, do not use Form W-9, Instead, use the appropriate Form W -g or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entitles). Nonresident alien 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 tax to continue for certain types of Income even after the payee has otherwise become a U.S, resident alien for tax purposes, If you are a U.S. resident alien who Is relying on an exception contained In the saving clause of atax treaty to claim an exemption from U.S. tax on certain typos of Income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income, 3, Thu article number (or location) In the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. A. Sufficient facts to justify the exemption from tax undcr ibe terms of the treaty amain, Example. Article 20 of the U,S: China income tax treaty allows an exemption from lax forschoiamhip Income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will became a resident alien for tax purposes If his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 Of the first Protocol to the U.S: China treaty (dated Apra 30, 1984) allows the provisions of ANiele 20 to continuo to apply even offer the Chinese student becomes a resident alien of the United States, A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship 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 appropriate completed Farm W-8 or Form 6233. Backup Withholding What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 2801a of such payments. This Is called "backup wlthholdintl " Payments that may be subject to backup withholding Include interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network interactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requostor your correct TIN, make the proper certifications, and report all your taxable interest and dividends an your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for damlls), Page'2 3. The IRS tells the requester that you furnished an Incorrect TIN, 4, The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). C artain payees and payments are exempt from backup withholding. See Exempt payee cede on page 3 and the separate Instructions for the Requester of Form W-9 for more Information. Also see Special rules forpartnendlps 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 parsons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information If you are a C corporation that elects to be an S corporation, or If you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, If the grantor of a grantor trust dies. Penalties Failure to furnish TIN, If you fell to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure Is due to reasonable cause and hot to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for 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 TINs In violation of regard 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; de not leave this line blank. The name should match the name on your tax return. Ifthis Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you 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 social 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 should also be the settle as the name you entered on the Form 104011040All040EZ you flied with your application. b. Sole proprietor or single -member LEG, Enter your individual name as shown on your 1040/1040All 040 EZ on line 1. You may enter your business, trade, or "doing business aa" IDEA) name on line 2. a Partnership, LEC that Is note single -member LLC, C Corporation, or S Corporation. Enterthe entity's name as shown on the entity's tax return on line 1 and any business, trade, or DSA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents an 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 DSA name an line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that Is disregarded as an entity separate from Its owner In treated as a "disregarded entity." Sea Regulations section 301,7701-2(e)(2)(iiiJ. Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the mune 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 name Is requh'ad to be provided on line 1. If the direct owner of the entity In also a disregarded notify, rotor the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business naroddleregarded entity name." II the owner of the disregarded entity Is a foreign person, the owner must complete an appropriate Form W-3 Instead of a Form W-8. This is the case even if the foreign person has a U.S. TIN. 75M-56 Farm W-9 (Rev. 1 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it an line 2. Line 3 Chock the appropriate box In line 3 for the U.S. federal tax classification of the person whose name Is entered on line 1. Check only one box In line 3. Limited Liability Company (LLC). If the name on line 1 Is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" In the space provided. If the LLC has fled Form 8832 or 2553 to be taxed as a corporation, check the "Umited Liabillty Company" box and in the space provided enter "C" for C corporation or "S" for S corporation, if It Is a single -member LLC that Is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box in lino 3 "Individual/sole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FA7CA reporting, enter In the appropriate apace In line 4'any code(&) that may apply to you. Exempt payee code. • Generally, Individuals (including sola proprietors) era not exempt from hookup withholding, • Except as provided below, corporations are exempt from backup withholding let certain payments, inoluding Interest and dividends. a Corporations are not exempt from backup withholding for payments made In settlement of payment card or third parry network transactions, a Corporations are not exempt from backup withholding with respect to attorneys fees or gross proceeds paid to attorneys, and corporations that provide medical o health care servlces are net exempt with 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 403(b)(7) If the account satisfies the requirements of section 401(1)(2) 2—The Unwed States or any of Its agencies or instrumentalities 3—A stale, the District of Columbia, a U.S. commonwealth or poancaslam or any of their political subdivisions or instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or Instrumentalities 5—Acerpomtian 6—A dealer In securities or commodities required to register In the United States, the Disidet of Columbia, ora 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 undersection 584(a) 11—A financial institution 12--A middlemen known In the Investment community as a nominee or custodian 13—A trust exempt from tax under section 064 or described In section 4447 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above,1 through 13. 'However, the following payments Hindu to a corporation and reportable on Form 1099-MISC arc not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 604510. and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United Stales 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.rs Consult with the peon requesting this form if you are uncertain If the financial Institution is subject to these requirements. A requester may ketosis that a code Is not required by provlding you with a Form W. 9 with "Not Applicable" (or any sin4lor Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section Sol (a) or any Individual retirement plan as defined in section 7701(a)(37) 0 --The United States or any of ita 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)O E—A corporation that Is a member of the same expanded affiliated group as a1.1472-1(o)(1)(1)corporation described In Regulations section 1.1472-1(c)(1) F --A dealer In securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, (onwards, and options) that Is registered as such under the laws of the Mind States or any state G --A real estate Investment trust r IT —A regulated Investment company as defined in section 851 or an entity registered at all III ran during the tax year under the Investment Company Act of 1940 IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Beller exchange transactions and Exempt payees i through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over$5,000' 1 through 5? Payments made In settlement of Exempt payees 1 through 4 payment card or third party network transactions I See Form 1099-MISC, Miscellaneous Income, and Its Instrucllons. 1—A common trust fund as defined in section 504(a) J—A bank ea defined In section 561 K—A broker L—A trust exempt from fax under&ectien 664 or described In section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institu0on requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number), This is where the requester of this Farm W-9 will mail your information returns. Line 6 Enter your city, state, and AP code. Part I. Taxpayer Identification Number (TIN) Ent air your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN Is your IRS individual taxpayer Identification number (ITN). Enter it in the social security number box. If you do not have an ITIN, see Now to gat a TIN below. If you are a sale proprietor and you have an LIN, you may enter either your SSN or LIN. How.wo, the IRS prefers that you use your SSN. If you are a single -member LLC that Is disregarded as an entity separate from Its owner (see Umited 41ability Company (LLC) on this page), enter the owner's SSN (or EI N, If the owner has one). Do not enter the disregarded entity's LIN. if the LLC is classified as a corporation or partnership, enter the entity's LIN. Note, See the chaff an page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for ane immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local SSA office or get this form online at newssa.gov. You may also get this farm by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an [TIN, or Form SS -4, Application for Employer hamfificallon Number, to apply for an LIN. You can apply for an MIN online by accessing the IRS webslm at www.lrs.gov/bustnessas and clicking on Employer Identification Number(EIN) under Starting a Business. You can gel Farms W-7 and SS -4 from the IRS by visiting IRS,gov or by calling 1 -600 -TAX -FORM (1-000-829-3676), If you are asked to complete Form W-9 but do not have aTIN, apply for a TIN and write "Applied For" In the space for the TIN, sign and date 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 80 days to gat a TIN and give it to the requester beton you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Cautlon: A d/sregarded U.S, emtfty that has a foreign owner must use the appropriate Form W -S. 75M-57 Form W-9 Part II. Certiflcation To establish to the withholding agent that you area U.S. parson, or resident alien, sign Farm W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or 5 below indicate oihenwkse. For a joint account, only the person whose TIN Is shown in Pad I should sign (when required). In the case of a diaragarded entity, the person identified an Ilene 1 must sign. Exempt payees, see i5semptpayse code earlier. Signature requirements, Complete the certification as Indicated In Items 1 through 5 below, 1. Interest, dividend, and barter exchange accounts opened before 1004 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the codification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1963 and broker accounts considered inactive during 1983. You must Slgh the oertlficeilon or backup withholding will apply. if you are subject to backup withholding and you at merely providing your correct TIN to the raquestar, you must areas out Item 21n the certification before signing the farm. B. Real estate transactions. You must sign the certification. You may areas out Item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. "Other payments" Include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (Including payments to corporations), payments to a nonemployee for services, payments made In settlement of payment card and third parry network transacllohs, payments to certain fishing boat crew members and fishermen, and groes proceeds paid to attorneys (Including payments to corporations). 5. Mortgage Interest paid by you, acquisition or abandonment of secured property, can eillallon of debt, qualified tuition program payments (under section 529)1 IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions, You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of succumb Give name and SSN of: 1. Individual The Individual 2. Two ormone Individuals point The actual owner of the account or, account) If combined funds, the first Individual an the account' 3. Custodian account of a minor The minors (Uniform Gift to Miners Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor is also trustee) h. So-called trust 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 1090 Filing Method 1 (sae Regulations sectlon 1.671-4(b)(2)(i) (A)) Forthis type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner Indtvldual 8. A valid trust, estate, or pension it Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. A .... letter, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or in loop) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Fort 1099 filing Method 2 (see Regulations section '1.67'1-4(h)(2)p) 'List first and curia the earn. of the pemoh whose number you furnish. If only ane person on a II account has an SSN, that parson's number must be monistical, 'clubs the rumor's name and furnish the minm's SSN. s You must show your Individual name and you may also enter your business or DBA name on the ^Business nameldleregarded entity' name line, You may use eithar your SSN or SIN Of you have ane), but the IRS ancourages you to use your SSN. ' Dat fret and circle the home of the trust, estate, or pension [oust. (Do not furnish the TIN of the personal repraseNalive or trustee unless the legal entity Itself Is not designated In the amount title.) Also see special rotas fer,semisahips on page 2. `Note. Grantor also most provide a Form W-9 to trustee of bugL Nate. 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 your permission, to commit fraud or other crimes. An Identity thief may use your SSN to 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, and • Be careful when choosing a tax prepares. If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a last or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4499 or submit Form 14039. For more information, see Publication 4535, Identlty 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 (TAS) asealanoe. You can reach TAS by calling the TAS tall -hes case Intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious email, or phishing schemes. Phlshing In the emotion and use of small and wabsll designed to mimic legitimate business amalls and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private Information that will be used for identity theft. The IRS does not hill contacts with taxpayers via amalls. Al... the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phfsh)ng@lm.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emalls to the Federal Trade Commission at: spam®uee.gov or contact them at w,uw.Rc.goWldfhaft or 1-877.1OTHEFT (1-877-438-4338). Visit IRS.gov 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 (including federal agencies) who are required to file Information returns with the IRS to report Interest, dividends, orcertatn other income paid to you; mortgage Interest you paid; the acquisition or abandonment of assured properly; the cancellation of debt; or contributions you madato an IRA, Archer MSA, or HSA. The person collecting this form uses the Information on the form to file information returns with the IRS, reporting rhe above Information. Routine uses of this Informatlon Include giving it to the Department of Justice for civil and criminal litigation and to titles, states, the District of Columbia, and U.S. commonwealths and possessions for use In administering their laws. The Infol'motion Mao may be disclosed to other countries under treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat lermrtsm. You must provide your TIN whether or not you are required to filo 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 U N to the payer. Certain penalties may ateo apply for providing false or fraudulent information. 75M-58 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2102 S. BRISTOL STREET (APN 408-471-01) 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. Resolution No. 2017 -XXX Exhibit 3 Page 1 of 6 75M-59 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2102 S. Bristol Street (APN 408-471-01), 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 75M-60 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: - J n M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75M-61 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75M-62 EXHIBIT Am LEGAL DESCRIPTION Real property in the CiLy of Santa Ana, COLmty of Orange, State of California, described as follows: ALL THAT PORTION OF LAND ALLOTTED TO FREDERICK W, KOLL, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF IT E RANCHO SANTIAGO DE SAMA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1968 IN BOOK 8, PAGE 410 OF JUDGEMENTS OF THE DISTRICT COURT OF THE 17TH )UDICIAL. DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF ST. GERTRUDE PLACE AT A POINT DISTANT SOUI-1-1 89049'15" EAST 230.98 FEET FROM THE CENTER LINE OF PACIFIC AVENUE AS SAID STREETS ARE SHOWN ON A MAP OF TRACT NO. 2207, RECORDED IN BOOK 62, PAGES 23 AND 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0010'45" WEST PARALLEL WITH CENTER LINE OF PACIFIC AVENUE 100.00 FEET IN THE NORTHWEST CORNER OF THAT CERTAIN 3.56 ACRE PARCEL OF LAND AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 24 OF RECORD OF SURVEYS 1N THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89049'45" EAST ALONG TI 16 NORTH LINE OF SAID 3.56 ACRE PARCEL 517.00 FEET TO THE WEST' I.INE OF BRISTOL STREEI" AND THE NORTHEAST CORNER OF SAID 3.56 ACRE PARCEL; THENCE NORTH 0010'45" EAST ALONG SAID WEST' LINE 75,00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY AND WES"fERLY ALONG SAID CURVE 39.27 FELT THROUGH A CENTRAL ANGLE OF 900 AS SHOWN ON SAID'TRACI' MAP, TO THE SOUTH LINE OF ST. GERTRUDE PLACE; THENCE NORTH 89M5'15" WEST ALONG SAID SOUTH LINE 492.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 397.00 FEET, APN: 408-471-01 75M-63 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 ssz eeF�Fone EXHIBIT B 33 P[ACf S 0-1 Resolution No. 2017 -XXX Page 6 of 6 9 '—(VAnNfF renxr iwel jgVEN4f yr t' t I.-22 41249 75M-64 r 0 • • • 75M-65 06/15/2017 THU 10!19 FAX PETERSON LAW GROUP PROFESSIONAL CORPORATION SUITE 290 19800 MACARTPIUR BOULEVARD IRVINE, CALIFORNIA 92612 TELEPyONB (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 wool 001 2017 JUN 15 AM 10: 19 CITY OF SANTA ANA CLERK OF Mt!lj4C!�, Via Personal Deliven,/ and .Facsimile Re: Hearing on Resolution of Necessity - Tacos Mexico, Inc.. Bristol Street Widening Project APN 408471.01 2102 S. Bristol Street, Santa Ana, CA ("Subject Property") Dear Members of the City Council; This office represents Tacos Mexico, Inc., owner of the Subject Property. 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. Tacos Mexico, Inc. does not challenge the Resolution of Necessity for the Subject Property. 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 Property that complies with the fair market value standard, CDP: cl Very truly y9wg, Christopher D. Peterson 75M-66