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Home My WebLink About75O - PH - RESO NECESSITY 1241 W SAINT ANNEREQUEST 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 1241 WEST SAINT ANNE PLACE (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1$' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the partial condemnation of the real property located at 1241 West Saint Anne Place (APN 015-215-10) 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, partial acquisition of the parcel at 1241 West Saint Anne Place 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 $16,500 (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. 750-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 1241 W. Saint Anne Place 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 $16,500 are appropriated in the Bristol Street Improvements Project (No. 116741), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. WedMousavipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 750-2 MATCHLINE SEE BELOW RIGHT I I I i I I I A08.37p17 I I ST GERTRUDE PL ._.r... -'--T- I 1408471411 I I 408-471-17 ' I I I V .L� I � 4D8 -471 -Up I WARNER AVENUE 4Ss1mlZIml ..51A.IM PPOPrRT,, - rULL 6CCl11G1r 1011 --OUTP.ED egiwEarn E, I I I I I _.. LL ---L ST ANDREW PL I I I I I I � CAR PL ..T --- ._ I I Y Fr, II .. � . �... GLENWOOD PL --T--T""T'"-T✓- �I CAMDEN PL -7 ..T-7 ori1 r --i- ---- ---� —3T ANNE PL J --- ..r._r..r.. 1 I I . •-rrr M m EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC CITY COUNCILINTEREST AND NECESSITY F1- ` AGENDA DATE: FOR THE ACQUISITION OF REAL June 2Q, 2017 PROPERTY AT 1241 WEST SAINT ANNE PLACE r'uA�m wane ncewcr (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 1G: and 3, 2C1 750-3 PAGE 1 OF 1 W ona W U16d9A-23 ��' Co —J 015-194.20, inLVLJ J �/ }J15.194-28'.. _..� k. '0164 k430• WARNER AVENUE 4Ss1mlZIml ..51A.IM PPOPrRT,, - rULL 6CCl11G1r 1011 --OUTP.ED egiwEarn E, I I I I I _.. LL ---L ST ANDREW PL I I I I I I � CAR PL ..T --- ._ I I Y Fr, II .. � . �... GLENWOOD PL --T--T""T'"-T✓- �I CAMDEN PL -7 ..T-7 ori1 r --i- ---- ---� —3T ANNE PL J --- ..r._r..r.. 1 I I . •-rrr M m EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC CITY COUNCILINTEREST AND NECESSITY F1- ` AGENDA DATE: FOR THE ACQUISITION OF REAL June 2Q, 2017 PROPERTY AT 1241 WEST SAINT ANNE PLACE r'uA�m wane ncewcr (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 1G: and 3, 2C1 750-3 PAGE 1 OF 1 City of Santa Ana Bristol Street Improvements, -Warner Avenue to Saint Andrew Place Parcel File No, 016.215-10 Owner of Record: Joel Cortes Cruz, a single mart Additional Owner(s) of Record; NLA Property Address:. 1241 Saint Anne Place, Santa Ana, CA -92707 This is to acknowledge receipt of the offer package containing the following items; Offer letter dated January 39, 2017 which includes: • Preliminary Report Issued by Title Company (Attachment 1) • Property Legal Description & Plat Map (Attachment 2) • Statement of Just Compensation (Attachment 3) • Summary Explanation Statement (Attach merit 4) • City of Santa Ana Handbook on Acquisition (Attachment 5) • Your Rights Under TitleVI (Attachment 6) • W-9 Form (Attachment 7) Please return the SIG(VEl7 Receipt of Offer Package in the envelope enclosed. Joel Cortes Cruz, An Individual EXHIBIT 2 750-4 Date January 30, 2017 Joel Cortes Cruz 1241 Saint Anne Place Santa Ana, CA 92707 CITY OF SANTA ANA 2; &io:center Plaza * F.O. Box -1988 Santa Ana, California 92702 714-647.5013 Www;santag ,;,QLc1.. SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY RIGHTS AT: 1241 SAINT ANNE PLACE, SANTA ANA, CA 92707 APN-,015-215-10 Dear Property Owners, This Offer supersedes all previous Offers to Acquire. ACTING CITY MANAGER Gerardo: Mouet CITYATTORNEY 'Sonia R. Camino CLERK OF THE COUNCIL Marla M Huiaar. Via Certified Mail The City of Santa Ana ("City") is proceeding with its plans to construct Phase 4 of the Bristol Street Improvements Project between Warner Avenue and Saint Andrew Place. The City obtained a preliminary title report that lists Joel Cortes Cruz, a single man to be the vested owner of the above-mentioned property as shown in Attachment 1, The City seeks to acquire a portion of your property, and a Temporary Construction Easement ("TCE") totaling 650 square feet In size on the property located at the above-mentioned address, which consists of the underlying real property as described and delineated in Attachment 2. The areas to be acquired are referred to herein as the "Property Interests", No final determination has been made as to the ownership of the above-mentioned property, This offer is contingent upon presentation of conclusive evidence of title. If rnore than one person has an Interest In the property that the City Is seeking to acquire an interest therin, all parties with such Interest must accept this offer. As you know, the City had your property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers to purchase the Property Interests for $16,500.00 The basis for this offer is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference, This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopttng a Resolution of Necessity, or both. 750-5 1241 Saint Anne Place 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 Interests, 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 Interests, 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 Interests 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 total amount established by the appraisal as the fair market value of the Property Interests 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 Interests will be provided to you for your review and approval. It is the desire of the City to acquire private property interests 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 the Property Interests. 750-6 1241 Saint Anne Place 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, 'T Jason Gabriel, Principal Civil Engineer Cc: Efrain Partida, Deputy Public Administrator 750-7 CLIA Preliminary Report Forth (Rev, 11/06) �y�I�'/.1•w Customer Reference: ATTACHMENT Order Number O -SA -4445765 Page Number., 1 Updated First American Title Company 4 First America n Way Santa Ana, CA 92707 Order Number: O -SA -4445765 (bdaa) Title Officer; Bob Davles / Ashley Aeger ter Phone (714)250-3094 fax No.: (714)913-6388 E -Mail: octitle2@6rstam.c{ m Property; 1241 Saint Anne, Place Santa Ana, CA fn an Nceptlon below or not excluded from coverage pursuant to Is prepared 01, Interest t Please read the exceptions shown or referred to below and theexceptionsandexclusions set faith In 6xblbr A of this It is important to note that this prelmahimy raportis nota written representation as to the condition of title and may not list all hens, defects, and encumbrances affoctlag title to the land:. Yhls report (and any supplements oramendmentshereto) is issued solely for the purpose of radllFating the Issuance of akoicy or hap Insurance and no liability Is assumed barony, if It Is 1011 ed that liability ge:assum€d prior to the issuance of a polity of title insurance; a rfrstAmarlcan Title Page 1 of 13 750-8 order Number: O -SA -4445965 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: JOEL CORTES CRUZ, A SINGLE MAN 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. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Covenants, conditions, restrictions and easements in the document recorded in Book 1961, Page 322 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, disability, 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 either or both pole lines, conduits and incidental purposes, recorded March 15, 1950 in Book 1985, Page 447 of Official Records. In Favor of: Southern California Edison Company Affects: As described therein 5. An easement shown or dedicated on the Map as referred to in the legal description For: Public utilities and incidental purposes. First American Title Page 2 of 13 750-9 Order Number: o -SA -4445765 Page Number: 3 6. An easement for either or both pole lines, conduits and incidental purposes, recorded April 25, 1950 in Book 2003, Page 475 of Official Records. In Favor of: Pacific Telephone and Telegraph Company Affects: As described therein An easement for either or both pole lines, conduits and Incidental purposes, recorded June 21, 1950 in Book 2030, Page 330 of Official Records. In Favor of: Southern California Edison Company Affects: As described therein B. Covenants, conditions, restrictions and easements in the document recorded in Book 2123, Page 436 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, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of Income (as defined In California Government Code § L2955(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. A Deed of Trust to secure an original indebtedness of $94,509.00 recorded April 28, 1994 as Instrument No. 94-0292762 of Official Records, Dated: April 14, 1994 Trustor: Joel Cortes Cruz, a single man Trustee: American City Mortgage Corp., a California corporation Beneficiary: L.C. Holmes Inc., d.b.a. South Coast Financial, a California corporation According to the public records, the benefclai Interest under the deed of trust has been assigned to Norwest Mortgage Inc. by various assignments, the last of which was recorded July 18, 1994 as Instrument No. 94-0458079 of Official Records. 10. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as Joel Cortes Cruz (11 + Matters). The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information, 11. Rights of parties in possession. FrrstAmerlcan Title Page 3 of 13 750-10 Order Number: O-SA444576S Page Number: 4 _ _ YNFORMATIONAL 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. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $1,086.41, PAID Penalty: $0.00 Second Installment: $1,086.41, PAID Penalty: $0.00 Tax Rate Area: 11-101 A. P. No.: 015-215-10 2. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLIA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 1241 Saint Anne Place, Santa Ana, California. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title Insurance policy, if any, to which this map is attached. First American Title Page 4 of 13 750-11 Order Number: O -SA -4445765 Page Number: 6 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 21 OF TRACT NO. 1383, IN THE COUNTY OF ORANGE, AS PER MAP RECORDED IN BOOK 41, PAGE 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN: 015-215-10 FfrstAmerkan Title Page 6 of 13 750-12 N N M N Order Number: O -SA -4445765 Page Number: 7 a 133N1s +�3xvrr e O a N Oe i b 0 8 N N M N Order Number: O -SA -4445765 Page Number: 7 a 133N1s +�3xvrr e O a 4 0 'ea Oe b O 2 O y G z x � 133y1S FlrstAmerican Title Page 7 of 13 750-13 EXHIBIT xA' LU GAL DESCRIPTION FOR RIGHT OF WAY PURPOSES k ANA, COUNTY OF ORANGE;,STATE OF OF TRACTNO.1-183, PERU" RECORDE S MAPS, IN THE OFFICE OF THE COUNT' 'ATTACHMENT 2 m COMMENCING} AT THE INTERSECTION OF THE CENTERLINES OF BRISTOL STREET ANI) SAINT ANNE PLACE, AS SAID IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF SAINT ANNE PLACE, SOUTH 88010'21"EAST, 55,22 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1°49'39" EAST; 30,00: FEET TO A POINT" IN THE NORTIILINE OF SAID SAINTANNE :PLACE, SAID POINT BEING THE TRUE POINT OT BEGINNING THENCE NORTH 44054'53" WEST; 16.50 FEET,•. THENCE, NORTH 0006'22" EAST, 112.3$ FEET TO THE WEST LINE OF SAID LOT; e&t,AIL.Y&ti~" tIREA`OF SO'lo lzE F?EE`%;iYIO i?Af 1 SSS ._ ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND EY THIS REFERENCE M"E A PART HEREOF THIS DESCRIPPTION HAS BEEN PREPARED BY ME ON SEP IEMBER 22, 2015 ANTHONYC. CUOMO, PLS 6442 Fee Acquisition Area 1(75044y Page 24 KETCH TO ACCOMPANY LEGAL DESCRIP DAC 09-21-2015 SHED I OF 1 2010142-020 Fee Acquisition Area 115jouvil' Page 25 \pe{p4 LAND k 401 o = 7o to k N0. 66+2 _ j t3 -4F CA�ZT LOT e0 LOT 19 a� v1 � � v TRACT 1383 ui M.M. 41147' (u;cad k ' *. rq — 05 m„ ,o? o I -•w - M' LAT 21 LAT 22 Goo mm a P21 ,d Mo '.F- LX N88'1,0' 81'W M 42. w ea 1-2 6, 9. 26' , ns o c L3 N 1' 49'39# E ro 30, pQ ) 6'. TlR0,B; a r_ cu oR=l °a w as L2 L -J 5. 70' L1 Nee 101 21x' 55.28'— i ' P,f7,C,. ST ANNE PL BRISTOL STREET IMPROVEMENTS - 30 :PHASE IV WARNER AVENUE TO SAINT ANDREW ANDREW'PLACE PROJECT No. 11-6741 KETCH TO ACCOMPANY LEGAL DESCRIP DAC 09-21-2015 SHED I OF 1 2010142-020 Fee Acquisition Area 115jouvil' Page 25 EXHIBIT KA' LEGALIIESCRIPTION 'OR RIGHT OF WAY PURPOSES —AP No. 015-215-I0 HEING A 5X0 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,. STATE OFCALIF•ORNIA, SAID STRIP BEING APORTION OF LOT21 OF TRACTNO.. 1983, PERMAP RECORDED IN Eowc 41, PAGE 47 OF MISCELLANEOUS MAPS, IN TRE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE WESTERLY SINE OF SAID STRIP BRING MORE PARTICULARLY DESCRIBED AS FOLLOW& COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF BRISTOL STREET ANIS SAINT ANNE PLACE, AS SAID IS SHOWN ON SAID MAP; THENCE, ALONG SAID CHNTERI,INE OF SAINT ANNE PLACE, SOUTH 88010'21"EAST, 55:22 PEBT; TmNCE, PERPENDICULAR TO SAID CENTTRLIKE, NORTH 1049139" EAST, 30.09 FEET TO A POINT IN THE NORTH LINE OF SAID SAINT ANNE. PLACE, SAID POINT BEING THE TRUE. POINT OF BEGINNING; TEIENCENORTH 44050'53" WEST; 16.50FRET; THENCE, NORTH 0006'22" EAST, 112,33 FEET TO THE WEST LINE OF SAID LOT; THE EASTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHERLY INTHE SOUTH LINE OF SAID LOT 21 AND NORTHERLY IN THE NORTH LINE OF SAID LOT 21, 1�?�IT�lfi`1Ii A21 t1R%2`F ��7:S�UAIt$ FSE C M01tE t7R 4ESa�` ALL AS SHOWN ON EXHIBIT '13'., ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOR, SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS; .'EASEMENTS OF RECORD, AND RIGHTS OF WAX. IF ANY,. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON SEPTEMBER22, 2015'.. ANTHONY C. CUOMO, PLS 6042 Temporary Construction Easement '(7(50"%y Page 26 � � I Z n � > j � LOT 20 ca 5 LOT 19 ST ANNE PL 30, DATE M SHF r Temporary Construction Easement IOP-DITY Page 27 TRACT 1US. - 7 { � M K 41/4.7 l ra=zn, nd L2 rq Li f=J�`- N88* 14':X21'" W v row 4 LOT $i LOT 22 ....._. a al LR NSS'10'2PW 42, 95' P l w t L2 5.86'' a "v L3 Ni° 49' 39° E ., 2 51 q 0 20,00' ST ANNE PL 30, DATE M SHF r Temporary Construction Easement IOP-DITY Page 27 - 5`T,P,0,B, � l ra=zn, nd L2 L=15, 70' Li f=J�`- N88* 14':X21'" W ST ANNE PL 30, DATE M SHF r Temporary Construction Easement IOP-DITY Page 27 ATTACHMENT STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Joel Cortes Cruz, a single man The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary') required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b). The appraisal on which this summary is based was made in accordance with accepted appraisal principles, consistent with California Valuation Law. A statement and summary described the basis for the appraisal from which the client established compensation. There follows the Statement of Value and Summary of the Basis for Appraisal and the Amount Established as Just Compensation ("Summary"): BASIS OF VALUATION The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project for which the property is to be acquired. According to the engineering map and legal description provided, the proposed permanent acquisition will be approximately 266 square feet in size, located along the westerly side of the site. The proposed acquisition will not affect any building improvements. Site improvements located in the acquisition area include: a portion of 750-18 the existing backyard concrete block wall, a portion of the low wood front yard fence, and landscaping. The portion of the existing backyard concrete block wall that will be affected will be replaced in kind. A five-foot wide temporary construction easement (TGE) will be provided for work on the wall. The proposed temporary construction easement will be approximately five feet wide encumbering a 650 square foot strip of land along the westerly side of the larger parcel adjacent to Bristol Street. All landscaping improvements within the TCE will be protected in place or replaced in kind as part of the project. The maps are preliminary in nature due to the design build nature of the project. It is possible that the design and proposed acquisition may change. The reader is advised that this could impact the value and compensation conclusions for the property. No permanent building improvements are physically impacted by the proposed project, The purpose of the TCE is for activities associated with the Bristol Street Widening Improvement Project. The TCE duration is reported to be 18 months. DESCRIPTION OF THE LARGER PARCEL Ownership: Joel Cartes Cruz, a single man Location: 1241 Saint Anne Place, Santa Ana, California 92707 Assessor's Parcel No.: 015-215-10 Date of Value: November 29, 2016 Property Rights Appraised: Fee simple Site Area: Approximately 6,572 square feet, or 0.15 acre, according to the Assessor's Map Zoning: According to a representative for the City of Santa Ana, prior to 1991, the subject property was zoned for residential use. The improvements appear to be a legal non -conforming (grandfathered) use. The property is being appraised disregarding the project's influence and current zoning. Present Use: Highest and Best Use (As Vacant): Highest and Best Use (As Improved): Residential Residential Use Continue the existing use Kiley Company 750-19 Improvements: The larger parcel is improved with a single family residence of approximately 1,000 square feet, as indicated by public records. Property Rights Appraised: Easement rights for the temporary construction easement and fee simple for the larger parcel land value Proposed Acquisitions: SUMMARY OF ACQUISITION AREAS Fee Acquisition 266 SF Temporary Construction Easement 650 SF Description of Acquisition: The proposed acquisition includes a 266 square foot fee acquisition of land area. No building improvements are impacted. No non -realty rights are included in the valuation. Sales Comparison Approach - Residential Land Value As only a small area in the yard is impacted, the land is valued. The estimated fair market value of the land is based on land sales data for other properties with essentially the same utility and amenities as the larger parcel. The larger parcel is a residentially site located on an arterial street with average access. The property is located in a primarily residential neighborhood, adjacent to South Bristol Street. To estimate the value of the larger parcel, a search was conducted of the market area for similar land sales. The search included residentially zoned properties in Santa Ana and the surrounding cities. The unadjusted values for the comparable land sales found range from $18.69 to $31.76 per square foot for closed land sales. Consideration is given for differences in site size, location, zoning, access and visibility, shape, topography, and condition. Kill % 0- 0 Kiley Company 750-21 LAND SALES COMPARISON SUMMARY Location COE Date Acreage Sales Price APN Doc No. SF Price Per SF Zoning Comments GrantorlGrantoo DOM Larger Parcel 1241 Saint Anne Race NOpp 0.15 N/App R2 Larger pared is improved with a single-family Santa Ana, CA92707 WPpp 6,572 residence. 015-215-10 Comparable No. 1 202 EAdams St. 5/23/2016 0.20 $273,000 R-2 Vacant lot at the time of sale. The broker Santa Ana, CA 92707 230237 8,801 $31.02 reported that the property was sold to an 016-044-12 34 investor without plans for development. The Grantor: Rn Investment Groups Inc. corner lot backs to a railroad track. Grantee: Mira Properties LLC Comparable No. 2 710 E2nd SL 4125/2016 0.14 $230,000 SD84 Vacant lot at the time of sale. The lot was sold Santa An a, CA 92701 180421 6,098 $37.72 UNI to a developer without plans at the time of sale. 398-491-15 60 Asingle-family he me is currently under Grantor: Nghia D. Dao construction. Grantee: Hung Le Comparable No. 3 1715 N. Rower a. 11/12/2015 0.20 $270,000 RI Vacant lot atthetimeof sale. Theproperty sides SantaAna, Ca 92706 585000 8,712 $30.99 to an alley and commercial use along W. 17th 002-094-14 8 R. The buyer is currently building a single - Grantor: Elizabeth L Hargreaves Trust family home, The surrounding neighborhood is Grantee: Kevin T. & Pngle L Co superior; however, the location of this lot is offset by the alley and adjacent commercial use. Comparable No. 4 1010 W. McFadden Ave. 6/8/2016 0.17 $190,000 R-2 Vacant lot at the time of sale. Buyer plans to Santa Pna, CA 92707 295944 7,500 $25.33 build a single-family he me. 013-062-02 97 Grantor: 1010 W. McFadden Avenue Grantee: Lv Dov Ino Comparable No. 5 1002 N. Van Nm Ave, 5/18/2015 0.21 $250,000 f,2 Vacant lot at thetimeof sale, Roperty sold Santa Ana,CA92701 257227 9,239 $27.06 without development plans. 398-533-07 25 Grantor: Hakim! Van NeesTrust Grantee: Plexander Dances LLC Kiley Company 750-21 Conclusion The adjusted values reflect the indicated market value range for the larger parcel. After adjustments, the range in land values indicated is $28.00 to $39.00 per square foot, rounded, of land area. Consideration is then given specific characteristics of each of the comparables on a qualitative basis and is detailed on the chart below. Adjusted Values Per Square Foot Land Sale No. Overall Comparability Indicated $/SF Comparable No. 4 Similar $28.00 Comparable No. 5 Similar $30.00 Comparable No. 1 Similar $32.00 Comparable No. 3 Similar $33.00 Subject - - $38.00 Comparable No. 2 Superior $39.00 To be consistent with the fair market value definition, the value concluded is at the high end of the range. Based on the preceding investigation, market trends, and analysis, the fee simple fair market value of the land as of November 29, 2016 is concluded to be $38.00 per square foot. LARGER PARCEL LAND VALUE Larger Parcel 6,572 SF x $38.0 PSF = $249,736 Value of the Site Improvements in the Acquisition Area The next step is the estimation of the depreciated replacement cost new of the improvements. Replacement cost is the cost of creating an improvement having similar utility, using current standards of design and materials. It is not necessarily the cost of creating a replica of the existing improvements if they are constructed of outdated materials, technique, and design. The estimated cost of the site improvements is based in part on the Marshall Valuation Service cost guide published by Marshall & Swift. The project plans provided indicate that the westerly side portion of the concrete block wall fence will be replaced in kind as part of the project; as such, no compensation for this improvement is indicated. In the fee acquisition area, there are no building improvements, but there is a low wood front yard fence and landscaping that will not be replaced. Landscaping is not typically depreciated and the replacement cost new of the low wood front yard fence and the irrigation is provided to allow for replacement by the owner. Kil Com any 750- 2 10 SITE IMPROVEMENTS Improvement Quantit Cost Total Cost Y Low wood front yard fence 56 LF $12.001sf $672 Landscape with sprinklers 266 SF $9.00/sf $2,394 Total $3,066 VALUE OF THE LAND AREA TO BE ACQUIRED The value of the area to be acquired includes a 266 square foot fee acquisition of land and related site improvements. The property owner will lose all rights to the area. The previously concluded land value of $35.00 per square foot and the replacement value of the site improvements are used to calculate the value of the area to be acquired, as shown in the following table: VALUE OF THE AREA TO BE ACQUIRED Area to be Acquired Total Cost Fee Simple Acquisition (Land): 266 SF x $38.00/SF $10,108 Replacement Cost (Improvements): TOTAL $3,066 $13,174 VALUE OF THE REMAINDER (LAND ONLY) The value of the remainder after acquisition, which includes the value of the land before acquisition less the value of the area to be acquired, is as follows: VALUE OF THE REMAINDER LAND AFTER ACQUISITION Value of the Whole - Before Acquisition $38/SF x 6,572 SF = $249,736 Value of the Fart to be Acquired $38/SF x 266 SF = ($10,108) Value of the Remainder $239,628 Kiley Company 750-23 ii DAMAGES An analysis of the property remainder after the proposed project indicates no loss in the basic land value or improvement value as a result of the project in the manner proposed. In the "after" condition, the remainder parcel value will remain the same. No damages are indicated. BENEFITS Benefits only serve to offset damages. There are no damages; as such, it was not necessary to analyze benefits as part of the appraisal process. TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement is proposed to allow for construction of the project as proposed. A review of the proposed agreement to assess the degree of encumbrance on the property was completed in order to ascertain which rights the fee owner retains. The impact on value may be a function of the loss of utility, access and use rights to be transferred and the obligations of the parties during the construction period. Acquisition Estimated Area Duration TCE 18 months 650 Sq. Ft. The TCE is intended to allow the contractor onto the site to complete construction -related activities. The area provides the space needed to construct a new sound wall. The presence of the proposed TCE appears to significantly restrict the normal use of the area and a ground rent equivalent to 100% of the market ground rental rate is indicated. Ground Rent Analysis Data to determine appropriate rates of return on land is limited. Ground lease rents are typically based on a percent of the land value. A survey of real estate owners, investors, brokers and developers reflects that the annual ground rent is usually between 6.0% and 8.0% of the total land value. A search for residential ground lease data was made, but none were found. A survey of recent ground lease data reflects rental rates ranging from 6.3% to 8.2% of the land value, which is consistent with the verbal survey data. The rent data reflects the return a property owner expects to earn on their asset. This rate is typically impacted by risk of payment default, division of expenses, lease length, rental rate escalations during the lease term and inflation risk. Kiley Company 750-24 12 Considering the range of rates from the market data, a market rental rate of 8.0% of the land value is concluded. During the easement duration, the property owner will still be responsible for payment of any applicable property taxes; an amount of 1.0% of the land value is added. Compensation for the temporary workspace is estimated using a 9.0% annual return (8.0% for the ground rent and 1.0% for the property taxes) on the base value of the land at $38.00 per square foot. Temporary Construction Easement Compensation TCE Area Base Land Value (650 SF x $38/SF) $24,700 9% Annual Return on Land Value $2,223 Monthly Ground Rent on Land Value $185 --------------------------------------------------------------------- Estimated Compensation for TCE for 18 Months $3,335 VALUE OF EXISTING IMPROVEMENTS The area to be acquired for the temporary construction easement is an irrigated landscaped area, which will be protected in place or replaced as part of the project. Kiley Company 750-25 13 APPRAISAL CONCLUSION As of November 24, 2015, the opinion of compensation for the proposed acquisition, based on the project as proposed, is as follows: APPRAISAL CONCLUSION Value Property Rights Opinion Compensation Value of the Larger Parcel (Land Only) $249,736 Permanent Acauisition(s Fee Acquisition $10,108 Improvements in Acquisition Area $3,066 Subtotal PermanentAcquisition(s) $13,174 $13,174 Damages $0 Benefits $0 Temoorary Acquisition Total Temporary Construction Easement Land $3,335 Improvements $00 Total Compensation for TCE Rights $3,335 $3,335 Total Compensation $16,509 Compensation Rounded $16,500 Kale Com any F90-�6 14 ALIUMMAIN R We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are trite and correct. 2. The reported. analyses; opinions, and conclusions are limited only by the reported amumptions and limiting conditions and are our personal; impartial, and unbiased professional analyses, opinions, and conclusions, 3, We have no present or prospective interest in the property that is the subject of this report and no personal interest or bias withrespeetto the properties or parties involved. 4. We have previously appraised the subject of this report fur the same client, Report No, 16- 545 1, 6-5451, dated February 8, 2016, 5. We have no bias with respect to the property that is the subject of this report or to the patties involved in this assigaanrent. 5. Our engagement in this assignment was not contingent upon the developing or reporting predetermined results. 7, Orn~ compensation is not contingent on the development or reporting of a predetermined value or direction in value that favors the cause,617 the client; the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use -of this appraisal, $, Our analyses; opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of professional Appraisal Practice. 9, Eben Netzer has made a personal inspection of the property that is the subject of this report, Elizabeth M, Kiley has not shade an inspection of the subject property, but has fully participated in the analyses, opinions and conclusions concerning real estate contained in this report and fully concurs with -the conclusions expressed herein, 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. The reported analyses, opinions and conclusions were developed, and this report has been. prepared in conformity with the Code of Professional Ethles and Standards of Professional .Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirentients of the Appraisal Institute relating to review by its duly authorized representatives. 13. his of the date of this report, Elizabeth M. Uey has completed the continuing education program for Designated Members of the Appraisal Institute. Elizabeth M. Kiley; AI, Al-GR3 Ellen Netzer Certified General Real Estate Appraiser Trainee Real Estate Appraiser Certificate No. AGO05391 Certificate No, AT008864 Expiration Date: Aprii 13, 2016 Expiration Dater November 14, 2017 Kiley Company 750-27 ATTACHMENT 4 SUMMARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the hall amount believed by the City to be just compensation for the property taken.; b. Is not less than the approved appraisal of the Pair market value of the property as improved; e. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed, to by a seller being willu1g 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 tho 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. 750-28 ATTACHMENT 5 M D B 1'0 Kwr �' CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 750-29 Dear property Ownex: 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 srunmary 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 Iegislation and/or court decisions. Tu the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 750-30 ?FABLE ®Y C®N7C ENTS PACTS WHY IS MY PROPERTY REQUMD? Y WIIAT RIGHT DOES TTM CITY HAVE TO ACQUIRE MY PROPERTY? l WHO MAKES THE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? 1 WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE TILE. FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I RAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROTECT, 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 COMPBNSATION7 CAN I GET AN APPRAISAL? MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 3 MAY I HAVE. SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER., HOW SOON WI LL IBE PAID? 4 WHAT HAPPENS T I DO NOT AGREE TO TEE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 0 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ONMY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL IHAVE TOPAY RENT TOTIM CITY AFTER MYPROPERTY- ISACQUIRED? 6 HOW SOON MUST I MOVE? 6 AMIENTITLBD 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 IBOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF II-IAVE OTFIER QUESTIONS ABOUT THE PROCESS? 7 750-31 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 MIGHT 1D OE THE CITY HAVE TO ACQUIRE' MX PROPE 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 Pourteenth Amendments of the US, 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 MAIM 8 THC DECISION TO BUY Aff 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 V4LL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values wiil 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 I4MARICET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being Toady, willing, and able to buy but render no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and proposes for which the property is reasonably adaptable and available. 750-32 HOW DOES AN APPRAYSER DETE RMINE TIM, FAIIB M&M£E'I' VALUE OF MY PROPERTY? Each parcel of real properLy 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, loss any depreciation. How much rental income it could produce after expenses and how investors typically value that income. WILL HIAVP A CIIANCE TO TALK TO THE APIJRAISER? YE S. You must be contacted and given the opportivaity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special featnes that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT.' MY PROPERTY IS NECESSARY FOR A PY)BLIC PROJECT, HOW SOON WILL TBE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: o The amount of work required to appraise your property, m The availability of funding; and ® Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property far the full amoLmt determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT IS IN THE' CITY'S STATEMENT OF THE 1dASIS 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. 750-33 o The date of valuatlon, highest and best use, and applidable zoning of property. o An accurate description of the property to be acquired. a 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, o The amount of the offer. o Where appropriate, the just compensation for the real property acquired and for damages to remaining real ,property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil ProcedureSection 1263.025 sbould 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; d 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 Califomia State Office of Real Estate Appraisers (OIWA). • 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. a Appraisal cost reimbursement requests must be made in writing and submitted to the & of Santa Ana, Public Works Agency, 20 Civic Center PlazaM-36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appralser requests payment fxom 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 concurrentwith submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT THE CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE 8OMEONE REPRESENT ME DTJR'ING 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. 750-34 IDN' A AGREE TO ACCEPT TAPE CITY'S OFFER, HOW SOON WML i. B.u, PAI><D? If you and the City reach an agreement for the purchase o£yow• property by the City and your ownership (tine) 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 affer the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that farther 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. (TiRo 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 instumerts affecting your ownership of the property.) WHAT HAPPRN8 IF 11D0 NOT AGREE TO TIt FINAI. PUACHASE O JEIt 11 TITh, CITY? If you and the City are unable to reach an agreement tluough 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 pzoperty. 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 jurytrial, 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 ANORDFAf OFFOSSESSION? 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 750-35 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for whichyour 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 thein 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 settleinent 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 SETTLE M E, NT COST'S? 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. Realpropertyiaxes 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. Ordivarily, 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 alter 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 OP THE BUT DINGS OR OTHER EffROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. Il' you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase, price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) if you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to anew location. . 750-36 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? ' AYES. 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 romaindor 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 DAVE TO PAYREI NT TO TIM CITY AFTE RMY PROPERTY IS ACQZMED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair- rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or your tenant shall be within your finarr.cial means or your tenant's financial means, as the case may be. HOW SOON MUST IMOVE? if you reach a voluntary agreement to sell your property, you. cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give ,you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent safe and sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF WSWESS COODVULL? 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 prop city 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 comp ensated for the loss of goodwill if the owner proves all of the following: (f) 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 Govenmeat Code. 750-37 (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 ofthe 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 LAMA VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another (31 loan to purchase another property. Check on such arrangements with your nearest VA office, My PROPERTY IS WORTH MORE NOW THAN iWH'' N I BOUGHT IT, MUST I VAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 750-38 Epic Land Solutions, Inc. Orol 2601,Alrpoa Drival,501tO V30 Torrence, CA 90505 p'hp11j4;(3XO) 986-290 Fax; (33,0) 891-3348 TITLE V1114FORATATMAO"GE 'Ot x0poec, to Title V C ATTACHMENT flnAnoidl or be subjected to disedmination U46. miyProgram or activity receiving Federat financial assistance, Other Ot _W abi poyjdepvotqdt�onagah,� didarlpilia' n ox Of sex? ago or dis litS i The onrlogdd Title YlVaolcago is your laf6rination to further explain your rights. The Pa 'ekaga' moludes the following doptMents: Title VI of the 1964,Civil Rights Mt and RAated Statutes Rig& of Way Title VX smvey VojrAwith Self Addressed Stamped Envelope Right of Way Title VIDIsaWliatioll 09rdplaint Fowl itis Teclqq&4the mgh 9 in the elf # of Way ntleV! STpay form be cQ41plafe4 andxemn a. s - ad(jtcgsed,stumped Onyelo-pe, I I you have been subj poted to di Complafixtfqm -And return to and Jason qgbrjol hillople Civil ngiueex• 20 CiVie. Contol Plop N 6 Raxita Mg) CA -9270 GF WJNG 1.W SQLu7lDNS FOP, tfl-r Nap Opon WWW. �plcl.al5cl.corn 750-39 0LU 46 O uu :cam r efl 17 a CU 4 v o C1: r" 6Jw r o CO ISL: /meq �5 aaR a 7g�� .F�73 ® D N VX 9 h r' G44l Ei .a Ld Gt ; m vi Q m 'd 4 �- P ¢¢ a` n a ca. �r �0a�03'c^.nay+ �iw0��'v �OvN 6O fi 54.Y v �0 �. � m� U 57 a L9 d,m A to E 60 r+`h 59 rZ rr�nj N Ob�w'+.,i3 F -IX 4. C 5 b+�"ri �w�o bdob�m v�ipQ '2 !� w �y.`n�op ,�. v_)80 750-40 A M 0 H v L 4' I c� U ,a Fu bn ta It 750-41 E 61 � a v o o oAd U ,a Fu bn ta It 750-41 TITLE VI OF T14E 1964 CIVIL EIGHTS ACT AND RELATED STATUTE page 1 oft NONDISCRTMINATIONSTATUTES Title VI of the 1964 Civil Rights Act, 42 U•S.C, 2000, provides in Section 501 that: "No person in the United States shall, on the ground of race, color, ornatlonal 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 IMPAC'T'S, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS ORACTIVITTES) The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be occluded from participation in, be denied the benefits of, Orbe subjected to discrimination under atiy program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Aet of 1970,42 U.S.C. 4601, provides: "For the fah• and equitable treatment ofpersons displaced as directresult 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) e The Federal-aldHigirway, Act, 49 U.S.C. 306 Outlines the responsibilities ofthe U.S. Department of Transportatlen and, at (c) outlines the Secretary's authority to decide whether arecipient 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 Iliglervay Act, 23 U.S,C. 324, provides; "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, rube subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THEBASIS OF SE.X) • The Civil Rights Restoration Act of 1,987, P,.L, 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Fights Act, TWO 1X of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OP FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) The Th i£orrn Relocation Act Amendments of 1987, PL. 101-246, pruvides "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacerrent... (to maimatin)... the acanomic and social well-being of communities; and...to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED TIM INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 750-42 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page 2 of 2 n The A.movicaus with Disabilities Act P.L. 101836, provides; "No qualified individual with a disabifity shall, by reason of such disability, be excluded from the participation in, be denied benefits o{ or be subjected to discrimination by a department, agency, speoial putpose d1sWat, or otter instrumentality of a State or a total government " (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) n The Civil Rights Act of 1991, in pant, amended Section 1981 of 42 U.S.C. by adding two new sections that provided; "(h) For the proposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and teriainatien of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (e) The rights protected by this section are protected againstimpai mentby non-govenmrental discrimination and impairmentnnder color of State • Title VIII of the 1968 Civil Rights Act, 42 C.S.C. 3601, provides that: "(1) It shall be unlawful... to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale omental of', or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin," (PROHIBITS DISCRIMINATION INTPIE SALE OR RENTAL OF HOUSING— HUD is the prhnary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the faction of Right -of -Way) ■ The National Environmental Policy Act of 1969,42 U.S.C. 4321 Requires the consideration of alternatives, includingthe "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic iaterdisciplinmy approach at each decision making stage of Federal -aid project development, " - Title IX of the Education Amendmcuts of 1972 Makes financial assistance available to institutions of higher educodon 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) assfstin stengthening undergraduate programs of instruction in certain instances, r Section 504 of the Rehabilitation Act of 1973, 29 US.C. 790, provides that: "(leo 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 wader any program or activity thatreceivas or benefits ft-om Faderal financial assistaneo." (PROHIBITS DISCit1MINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Sowne: U.S.DeparhnentofTransportation Federal Highway Administration Title W Handbook Tithe VINondiserim:ination is the Federal -Aid Highway Program FHWA Publication No. FHWA HCR -06.006 750-43 TITLE Vl SURVEY PARSONAL I ' ORMA.TION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of I977 (Civil Code Sections 1798, et sec,), 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 force. No disclosuro of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Barb 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 (SA) NON DISCRIMINATION All persons affected by State transporfatien projects are requested to provide information with regard to race, color, national origin., sex, disability, age or income status. Please check the items below which best describe you and return this form in the oublosad eovetope. The furnishing of this information is voluntary. Hand of household: Malo Female Age: —Under40 41-65 , Over 65 Race/Ethnicity: _ White •,_,American Triba Black —Paolino Islander Hispanic J 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 Aro you a low-income family? Enclosure Yes _No 750-44 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE persuanl lV Iho Federal Pdvaoy Ad (P.L, n357a) and the Iaf errucien Pfodlees Art of 1977 (Civil Code &e Vrns 1796, at SCh.), notice Is hereby given far the request of personal icform.11ed Uy Illlstwm. The requesled peraag.1 Inf.mmliml Iswlunlery. Tho pdnaipal puryosa 4 the Va emery hfamma.eatt to f..illtale the pruc.ssfng of This form. TNe reLo, to provide all at any pall of iha requested Informllel may delay pr.cea.rej of this fore. No disclosure of ppzrcaaat Iefonnallon WAll be mad. unlow permiss1th, ander A6icle a, Scathe 179624 or the IPA of 1977. Each malignant las the right upon (egnast and proper Id.ra ffaalkn, to Insp.6 all personal infrmadon In any rocard malnt.Ined amine lnflMdualb an ideebyhp wdimdr. OI clan In uirles on fnfnrma6on maint.nanra loy.Vr IPAClfice. Dist CO Rte Post )BASIS OR DISCRIMINATION [] RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX D Diab(lity ❑ Low Incomo ❑ Non -&[glob Spoakor Provide date(s) and place of alleged discrimination Deneribe the nature of [be action, dccislon, or con dithers of the alleged discrimination (Attach Extra Page. If'Necessary) Nemo ofludivi duals (NICneavn) responsible forthe ao4on, decision or condition of alleged discrimination Provide supporting bdametton!mown to complain uatin support of bisMer allogalion Identify possibte 19ifnesses whom (ba complainant believes can provide factual inforsrradon about this allegation Stnte the action requested by complainant 750-45 S ik�int.sl' ia°ti,pZn�.}I" I.twuiu�talrg, u+,7u ,ta,�uxwl{,nr.uns,I°a Li(JS kunumzf' .Ltuie]° liw�artna,ii'.6,� ja`urJ&�+I>�: "41'IIF7 YI\-qt 9M94 -4 WK bI WW 1 t 1"141 � tts�s�iusWi�r�'+��;�'s1vt;�o ��ss��1s cssusll�s�l�s� sit ti Motlsaik6lionyaymoufi Wnguu'manataipat ilntfingau'1[uaentosChamolso. Ozua6ite ovaj lcvadraHO alto aitate ili gpvorite hruatski jez tt. Zas"krfr&t tuto'kolbnku pokad Nte a hOOfte &sky. El ifr'uis dit vakje aah ale }i Nederlandg kurt lezen of spiekett. LA4ark thi . box if ynu road or spealcYigliSlt. Cl Dfl=Ss'Ga US AEPFlfi'IMANT OF C0 ;,k,GE 750-46 Pdaml. ,110 NU damarlW u$ c�4.P Mean I Arabic 2. Armenian 2. Bengal 4. Cambodian 5. Chamorro 5. Simplified Chinese 7.7raditional Chinese B.Croatian 9. Czech 9:0. OuteN 11. English Cocher id si Vons Hsez on Parlez le fragals. Ll Kreuzen Sie diesas Kastchen an, wenn Sic Deutsch lesen oder sprechen. E µetwe2s auto To nl xioto au Sta(3&bets µtXccra EXXTIvoccs. Make kazye sa a si on li oswa ou. pale lacyol apsyen. FM am �� qT w �ci 1; r —C1' -qu Tc w % r�Tff 1 il El Kos lub voj no yog koj paub twm ddab hais lus Iimoob. I delolje meg ezt a kockat, ha megerd vagy beszeli a magyar nyelvet. Markaam daytoy nga kation no makabasa wenn makasaeka id Ilocano. IFMarchi questa easella se Legge o paxla Italiano. ❑ e-1-`oo�o'V�l�%�J} �❑4. of JOA O�IU ��.Ic�. C�l �7C�1��\/c:C�}o } Z ;;;29L+ V7UT 5�°-KA "1 tw) RAI} Al -2-- UwgUUgqb Prosimy o zamaczenie tego kwadratu, j&eli posluguje sir. Pan/kant jgzy1dam polskim. 750-47 Ece nmloeanrtgbtL•Vao US UUHYAIJ U.&, cEN5U5 9UgEl1U 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 7Lf>,ssinala eske quadrado se vac61i3 ou fele pozhigues, Fmali aceasta casula dace citili sau vorbill rom5nc�te. ITOWITSTO aTOT xsagpawy, eetitt nbt IDITaeTe, XMMBOPIM no-pyeetcPT. 06enen<uxe osaj xaaApaTUtl yiConx M sMTETe xmx ronopuTe cprrctct� jeaux. Oznacte teufo sNOXcek, ak viete "chat' atebo hovoriepo sloveasky. ❑ Marque esta easilia si lee o habla mpaHDL 26. Portuguese 27 Romanian 28, Russian 29. Serbian 30. Slovak 31. Spanish t it Markahanitongkuwadradokungkayoaymarunongmagbm omagsalitangTagalog. 32.Tagalog `lwh�flr�soJur�7t�aalu�Izaa�7vi7uo�uvftavJgrintw79r�s, ❑ Maaka'i ho puhani kapau'okuke lau pe lea fakatouga. u BipmiTure IN XJIiT. rucy, sumgo 3x gaTaere a6O r onopx7e yxpaYacbzcon3 naa>30to. r ❑ Xui da'nh dZu vac 8 nay n6u qu$ vi biet doc vA u6i cldctc V16t S Tga; ❑ �>7rH L�'fY7 '7Y7h( ta)Y}sy 7yh! 7�i24 J17VY7 oYT 1755�y�KZ 750_4„ u.a, pEPARTMENT OP eOMMFECE l]/( Economy end Sfollnlus HtlmlpishW) � UX, cEttsuc ul/HK'AU 33. Th ai 34.-longan M, Ukranian 35. Urdu 37. Vietnamese MYiddish Form W-9 Request for Taxpayer Give Form to the (Rev. December 2014) identification Number and Certification entitles, it is your employer Identification number (EIN). If you do not have a number, see Has, to gets requester. Do not Department offlpTo,.surV TIN on page 3. send to the IRS. 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/disregarded entity name, if different from above of m o' e 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to certain entities mar Individuate; sea o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate , Instructions on page 3): v (° aingle-member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, 5=5 corporation, P=padnershlp)1• Exempt payee code Of any) `o Note. For a aingle-member =that Is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting b c the tax classification of the single -member owner. code (if any) 5 p, ❑Other (sea lnsimcllons)i (Applies to a«oems ale l„ramaew,..:-lerna U.S.) IE 5 Address (number, street, and apt, or suite no.) Requester'n name and address (optional) �i So m 6 City, state, and ZIP code m m 7 Her account numbers) here (optional) Taxpaor Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name givan online Ito avoid social security numuer backup Withholding. For Individuals, this is generally your social security number e ( However, for a resident plan, sale proprietor, or disregarded entity, see the Part I instructions on page 3 For other entitles, it is your employer Identification number (EIN). If you do not have a number, see Has, to gets 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 I Employer Identification number guidelines on whose number to enter. F -F-1 F-F-F7-Ir Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a• number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service QRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject tle 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. Seo the instructions on page 3. sign Signature of Here I U.S. person 0- Dale b General Instructions Station references are to the Internal Revenue Cade pulses otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release It) Is at navetips.gov/09. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIM which maybe your social security number (SSN), individual taxpayer Identification number(ITIN), adoption taxpayer identification number (ATIN), or employer idenililcetion 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 10994NT (Interest earned or paid) • Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K(merchant card and third parry network transactions) • Form 1099 (home mortgage Interest), 1098-E (student loan interest), 1099-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured preparty) Use Form W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. II you do not return Form W-9 to the requasfer with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Coulty 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 codifying that as a U.S, person, your allocable share of any partnership Income from a U.S, trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form Of any) Indicating that you are exempt from the FATCA reporting, is correct, See What Is FATCA reporting? on page 2 for further Information. Cat, No, 10231X 750-49 Farm VV -9 (Rev. 12-2014) Farm W-9 (Rev, 12-2014) Page 2 Note. If you are a U.S. person and a requester gives you a form other then Form W-9 to request your TIN, you must use the requester's form if It is substantially similar to this Form W-9. Definition of a U.S. person. Far federal tax purposes, you are considered a U.S. person If you are: • An Individual who Is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized In the Unlled 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 tax under section 1446 on any foreign partners' share of effectively connected taxable Income from such business. Further, In certeln cases where a Farm W -g has not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1448 withholding tax. Therefore. If you are a U.8, person that Is a partner in a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its ellocahla share of net Income from the partnership conducting a trade or business In the United States: - In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U,S, grantor or other U.S. owner, generally, the U.S, grantor or other U.S. owner of the grantor trust and not the trust; and - In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign parson or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appmprlata Form W-8 or Form 8233 (see Publication 615, Withholding of Tax on Nonresident Aliens and Far ilgh 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 oliminate 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 cortaln types of Income even after the payee has otherwise became a LLE. resident alien for tax purposes. If you are a U.S, resident alien Who is relying on en exception contained In the saving clause of atax treaty to claim an exemption from U.S. tax on certain types of income, you must allach 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. The article number (or location) in the tax treaty that contalna the saving clause and Its exceptions. 4. The type and amount of Income that qualifies for the exemption from tax. 5. Sufflclept facts to Justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S: China Income tax treaty allows an exemption form tax for scholarship Income received by a Chinese student temporarily present in the United States. Under U.S, law, this student will become 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: Chine treaty losing!April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a realdent 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 or a foreign entity, give the requester the appropriate completed Form W-8 or Form 82.33. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This Is called "backup withholding." Payments that may be subject to backup withholding 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 transactions, and certain payments from fishing boat operators- Real estate transactions are hot subject to backup withholding. You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper codifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding If. - 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (seethe Par[ II instructions on page 3 for details), 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 End dividends only), or 5. You do not cardlyto the requester that you are not subject to backup Withholding Under 4 above (for reportable interest and dividend accounts opened atter 1953 only). Certain payees and payments are exempt from backup withholding. See Exempt payee coda on page 3 and the separate Instructions for the Requester of Farm W-9 for more information. Also see Special rules fbrpartn.rships 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 Wham 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 fall 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 not to willful neglect. Civil penalty for false information with respect to withholding, H you make a fats. 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 codifications or affirmations may subject you to criminal penalties Including fines and/or Imprisonment Misuse of TIN.. If the requester discloses or uses TINs in violation of federal law, the requester may he subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this lino; do not leave this line blank. The name should match the name on your tax return, If this Form W-9 is far 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. Ornately, enter the name shown on your tax return. If you have changed your last name wlthout Informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your Individual name as it was entered on your Form W-7 application, line 1a. This should also be the some as the name you entered on the Form 104011040A/1040EZ you filed with your application. b. Sole proprietor or single -member I.I.C. Enter your Individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DEA) name on line 2. c. Partnership, LLC that Is not a single -member LLC, C Corporation, or 8 Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documeols on the 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from Its owner Is treated as a "disregarded erdil See Regulations section 301.7701-2(c)(2)(III). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity.'fhe name on line 1 should be the name shown on the Income tax return on which the income should be reported. For example, If a foreign LLC that Is located as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.B. owner's name is required to be provided en line 1. If the direct owner of the entity Is also a disregarded entity, enter the first owner that Is nal disregarded for federal tax purposes. Enter the disregarded En ui's name on line 2, "Business name/disregarded entity name." if the owner of the disregarded entity Is a foreign person, the owner must complete an appropriate Form W-3 Instead of a Form W-9. This Is the coca even If the foreign person has a U,S. TIN, 750-50 Form W-9 Line 2 If you have a business nems, trade name. DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box In line 3 for the U.S, federal tax classification of the person whose home 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 lax purposes, check the "Limited Liability Company" box and enter "P" In the space provided. If the LLG has filed Form 8632 or 2553 to be taxed as a corporation, check the "Limited Liability Company" box and in the space provided enter "C" for C corporation or ""s" for corporation. If it Is a single -member LLC that Is a disregarded entity, do not check Ilio "Linc ted Liability company" box: instead check the first box in nine 3 "Individual/sole proprietor or single-memhor LLC." Line 4, Exemptions If you ere exempt from backup withholding and/or FATCA reporting, enter in the appropriate space In line 4 any cousin) that may apply to you. Exempt payee code- - Generally, individuals (Including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain paymams, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment ..to or third party network transaction., � Col'polabons are not exempt from backup withholding With respectto attorneys' fees or gases proceeds paid to attorneys, and corporations that provide eradicator health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following nodes identify payees that are exempt from backup withholding. Enter the appropriate code In the space In Ems 4. 1—An organization exempt from lax under section 501(x), any IRA, or a custodial account under section 401 if the account satisfies the requirements of section 401(Q(2) 2—The United States or any of Its agencies or Instrumentalities 3—A state, the District of Columbia, a U,S. commonwealth or possession, or any of their poltlical subdivisions or instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or tnalrumentalilles 5—A corporation 8—A dealer in securities or commoditler required to register in the United States, the District of Columbia, or a U.S, commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real create 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 bank under section 584(a) 11—A financial Inethutlon 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under ... ran 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, l through 13. 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. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 5e Payments made In settlement of Exempt payees l through payment card or third party network transactions 1 See Form 10994MISC, Miscellaneous Income, and its instructions. 'However, the fallowing payments made to a corporation and reportable on Farm 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6o45(Q, and payments for services paid by a federal executive agency. Exemption from FATCA reporting coda. The following codes identity payees that are exempt from reporting under FATCA. Those codes apply to persona submitting thus form foraccounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain If the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line for a FATGA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as earned In section 7701(a)(37) B—The United States or any of its agencies or Instrumentalities C—A state, the District of Columbia, a U.S, commonwealth or possession, or any of their political ouledivlslons or instrumentalities D—A corporation the stuck of which Is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(q E—A corporation that Is a member of the same expanded aifl11a1ed group as a corporation described In Regulations section 1,14724(.)(1)(1) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options)that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated Investment company as defined In section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A Gammon trust fund as dellned in section 584(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from lax under section 664 or described in section 4947(x)(1) M—A tax exempt trust under a section 403(b) plan or section 457(8) pian Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, etre at, and apartment or suite number). This is where the requester of this Form W-9 will mail your Information returns. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are aresident alien and you do not have and are not eligible to get an SEN, your -FIN is your IRs lndtvldual taxpayer Identification number (ITIN). Enter It In the social security number box. If you do not have an ITIN, see Now to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or LIN, However, the IRS prefers that you use your SSN. If you are a single -member LLC that Is disregarded as an entity separate from Its owner (see Limited Liability Company (LI on this page), enter the owner's SSN (or EIN, If the owner has ane). Dc not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart an page 4 far further ciarificatlon of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form 88-5, Application for a Social Security Card, from your local SSA office or get this Conn online at wviwssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form 35-4, Application for Employer Identificatlon Number, to apply for an LIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/bus/nesse.; and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (1-800-829-3878). If you are asked to complete Farm W-9 but do not have aTIN, apply fora TIN and write "Applied For" In the space for the TIN, sign and date the farm, and give It to the requester. For Interest and dividend payments, and certain payments made w11h respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments, You Will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for aTIN rather you Intend to apply for one soon. caution: Adisregsrded U.S. arelty that has a foreign ownerrnust use the appropriate Form W-8. 750-51 Form W-9 (Rev. 12-2014) Part 11. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or 5 below Indicate otherwise. For a joint account, only the person whose TIN Is shown In Part I should sign (when required). In the case of a disregarded entity, the person Identified on Ilne 1 must sign. Exempt payees, see Examptpayee code earlier. Signature requirements. Complete the certification as Indicated In Items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1963, You must give your correct TIN, but you de not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1083. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your cot rest TIN to the requester, you must cross out Item 2 In the certlficallan before signing the form. 3. Real estate transactions. You must sign the codification. You may crass 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 7119. "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 party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (Including payments to corporations), 5. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 524 IRA, Covert ell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, bulyou do not have to sign the certification. What Name and Number To Give the Requester Forthis type of readable Give name and SSN of: 1. Individual The individual 2. Two or more Individuals Qeint The actual owner of the account or, account It combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee' trust (granter Is also trustee) b. So-called trust account that is The actual owner' not a legal or valid trust under state law 5. Sole proprletorship or disregarded The owns r' entity owned by an individual 6. Grantor trust filing under Optional The grantor' Form 1999 Filing Method 1 (sea Regulations section 1.571-4(b)(2)(q (A)) For this type ort account: Give game and EIN of., 7. Disregarded entity not owned by an The owner Individual 8. A valid bust, estate, or pension trust Legal entity° 9. Corporation or LLC electing The corporation corporate status on Form BB32 or Form 2553 10. Association, club, rotigicua, 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 prison) that receives agricultural program payments 14. Grantor trust filing undarthe Form The trust 1041 Filing Method or the Optional Farm 1099 Filing Method 2 (see Regulations section 1.071-4(6)(2)0) (S)) ' List first and circle the mom of the person whose number you furnish. If only one Primerica a joint account has an SSN, that pemon's number must be marched. z Clrcle the mlmr'a name and tarnish the miner's SSN, Page 4 °You must show your Individual name and you may arca anter your business or DRAnamo an the"eusiness mama/disregarded entity" name line, You may use either yourSSN or EIN (i(Wu have ane), but the IFS encourager you to use your SSN. ' Rsd first and drde the name of the lost, estate, or pension treat. (Do not furnish the TIN of the personal res eaentathre or leader, unless the legal enthy Itself is not denigrated In the account titiaJ Also see Special Nile IarparfdarePips on page 2. 'Note. Grantor also most pradde a Farm W-9 to trustee of trust. Not.. If no name Is ckcled 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, Si or other identifying Information, without your permission, to commit fraud or other cdmes. An Identity thief may use your SSN to get a job or may file a tax return using your SSN 10 receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer, If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed 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 lost or stolen purse or waiter, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing economic home or a system problem, or are seeking help In reaolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (IFAS) assistance. You an reach TAS by calling the TAS tall -free case Intake line at 1-677-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious smalls or phishing schemes. Patching is the creation and use of email and websites designed to mimic legitimate business smalls and websites. The most common act is sanding an email to a user falsely claiming to he an established legitimate enterprise in an attempt to scam fire user' into sort boosting private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via smalls. Also, the IRS does not request personal detailed Information through small or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit used, bank, or other financial accounts. It you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@lm.gov. You may also report misuse of the IRS name, loge, or other IRS property, to the Treasury Inspector General for Tax Administration (NGTA) at 1-800-366-4484. You can forward auspicious smalls to the Federal Trade Commission at: spa miluce.gov or contact (hem at www.fte.govlidlhog or 1-877-1 DTH EFT (I.877 -43B-4338). Visit IRS.gov to learn more about Identity theft and how to educe your risk. Privacy Act Notice Section 6199 of the Internal Revenue Code requires you to or sales your correct TIN to persons md"ding federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other Income paid to you; mortgage In latest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to If. Information returns with the IRS, reporting the above information. Routine uses of this Information include giving It to the Department of,Iurtho for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be dlsmlosed to other countries under atreaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 34(1 payers must generally withhold a percentage of taxable times I, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent Information. 750-52 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 A PORTION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 1241 W. ST. ANNE PLACE (APN 015-215-10) 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 8 750-53 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. A portion of the real property located at 1241 W. St. Anne Place (APN 015-215-10), in the City of Santa Ana, California consisting of approximately 266 square foot of property to be acquired in fee title, together with approximately 650 square feet of property for an eighteen month (18) temporary construction easement. The property, as described in Exhibit "A" and temporary construction easement as described in Exhibit are 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 8 750-54 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 J n M. Funk Assistant City Attorney Miguel A. Pulido Mayor 750-55 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 8 Clerk of the Council City of Santa Ana 750-56 6/20/17 EXHIBIT A LEGAL DrSCRI 'noNITER RIGHT OR WAY PURPOSES INTUB} Cl'L'Y OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SLtINO A PORTION OF LOT 21 OF TRACT NO. 1363, PER MAI' ICECORDIID IN BOOK 41, PAGE 47 OF MISCELLANEOUS MAPS, M THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING SOLrrj 4 ESTEW.Y AND WESTERLY OF TEE FOLLOWING D1/SCRIBED LINE: COMMENCING AT THE INTERSEC'17014 OF TIM CENTERLINES OF BRISTOL STT SET AND SAINT ANNE PLACE, AS SAID IS SHOWN ON SAID MAP; THIENCE, ALONG SAID CENTERLLNR OF SAINT ANNE PLACII, SOUTII 8010-21"ENST. 55.22 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH L°49.39' EAST, 30.00 VERT TO A POINT IN THE NORTH LINE OF SAID SAINT ANNE PLACE, SAM POINT BEING THE TRUE PDXI'M OE BEGII VOIC: TEt CE NORT1I44°50'53"WP.ST, 16.50 FEET; THENCE, NORTH O°06"22" EAST, 112.33 FEEL TO THE WEST LINE OF SAID LOT d'off,c i ciaYv`.-EIiA sSiP,f �4khi. r Isb€ a°G ALL AS SHOWN ON EXHIBIT'S', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SCEIEECT TO COVENANTS, CONDITION,% RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND MORT'S OF WAY, IF ANY. TIES DESCRIPTION HAS SEEN' PPP///s`u///ANO SUgL, RED BY MR ON SEPTI SEPTEMBER 22, 2015 MOmnyki Cuj,mo ANTHONY C. CUOMO, PIS 6042 Eo.Qd2 ��N hHlf OF CA1-\F0�� Pee Acquisition Area Resolution No. 2017 -XXX Page 5 of 8 750-57 11 p,LPI-LAHO r �. yr Np. epM12 (vJ I � I M1'OF CP,-tf a LOT 20 LOT 19 a � m PI �-- I r- • Resolution No. 2017 -XXX Page 6 of 8 P•Q•�• M S'C ANNE PL OflISTOL STREET IMPIftOVLTMEWYS -- T = JO' q PHASE IV WARNL"R AVENUE TO SAINT ANDREW PLACE PROJECT Ne. 11-6941 4 A5360:., IB(C.. EHHNT 'D• APaulp SICEYCH YO ACCOMPANY LECAL DESCWtP'TION qUE U20W-14 pATE 0 21-2010 SNZE( 1 OP 1 1% (7ta) T/7–YUM1t —� Fee Acquisition Area 750-58 znmale-020 in` I cu to :n' TRACT 1383 MINI. 41/47 rn m aw .N W LOT 21 LOT 22' LI N88' 10' 21'W 42. 95' L2 5. 26' , ry z L3 M1' 49'39'E 30. 00' 0 4 I go' 93 W i g6•S ,PaN•B._ g 6=q9"56'35'W' R=30.00 L2 m o L=15.70' L1 W Nefl• SO' 23-w ID Resolution No. 2017 -XXX Page 6 of 8 P•Q•�• M S'C ANNE PL OflISTOL STREET IMPIftOVLTMEWYS -- T = JO' q PHASE IV WARNL"R AVENUE TO SAINT ANDREW PLACE PROJECT Ne. 11-6941 4 A5360:., IB(C.. EHHNT 'D• APaulp SICEYCH YO ACCOMPANY LECAL DESCWtP'TION qUE U20W-14 pATE 0 21-2010 SNZE( 1 OP 1 1% (7ta) T/7–YUM1t —� Fee Acquisition Area 750-58 znmale-020 6/20/17 IWIN11.3111i:3 LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES—AP No. 01541540 BEING A 5100 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF O.EANGB, STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF LOT 21 OF TRACT NO. 1353, PER MAP RECORDED IN BOOIC 41, PAGE 47 OF NUSCELLAN12OUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE WESTERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTFIIS13CTION OF THE CENTERLINES OF BRISTOI. STREET AND SAINT ANNE PLACE, AS SAID IS SHOWN ON SAM MAP; THENCE, ALONG SAID CENTERLINE OF SAINT ANNE PLACE, SOUTH SS°10'21"EAST, 55.22 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1°49'39" EAST, 30.00 FEET TO A POINT IN T1 IE NORTH LINE OF SAID SAINT ANNE PLACE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 44°50'53" WEST, 16.50 FEET; THENCE, NORTH 0°06'22" EAST, 112.33 FEEL TO THE WEST LINE OF SAID LOT THE EASTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SALE) LOT 21 AND NORTHERLY IN TUR NORTH LINE OF SAID LOT 21. ALL AS SHOWN ON ERPIIBIT'13%ATTACHED HERETO AND BY THIS REFERENC13 MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IFANY. THIS DESIO CRP IO HAS 13ELNPREPA SEPTEMBER 22,2015 M�IionyJclCuomo ANTHONY C. CUOMO, PLS 6042 l� lre 'Jq�ePF CA4\FOF�`P Temporary Construction 6asemenL Resolution No. 2017 -XXX Page 7 of 8 750-59 Resolution No. 2017 -XXX Page 8 of 8 Temporary Construction Basement 750-60 ppb Lnrvp I^.-26.17'—I 1 y1rr a ep�tiP" 40 ��= C C,Aa ,pA �I Lal I OP CAlt1D LT235 OT 19 a F 9 V T 1303 m z o a N Kat/k7 J 0, I 1�– o `I T B2 mo m ^ B'21'W ' ry I w '39'E ' 53 Iwo � N4hp .rvr I 16,5 � A-W 56'35°W o I R=10.00 L2 I m o L=15, 70' Ll N I RBB' 10a2 IJ M 22',�_ PL— L._,20 I — .2026' iP,E,C. ST ANNE Pl_ ORISTO. STREET p/IDENINO - FNADC IV WARNER AVENUE TO DAINT ANDREW 1"y, gp PLACE PROJECT Nn. 11•-6941 TEMPORARY CONSTRUCTION MASEMM147 F .IOHNSON-FRANK A ASDOC., INC. E)(HIDIT '®• Aw No. O15WUL1O DRETCH TO ACCOMPANY LEaAI. DESCRIPTION W!D SUMEYINY - MMPINO .,a E. xuwere gvervDE pNAHEIMGKvyDRNIA-B2RD]�2099_ -- phlE_49-]O-P�iS 6Hw 1 or 1 Resolution No. 2017 -XXX Page 8 of 8 Temporary Construction Basement 750-60