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75R - PH - RESO NECESSITY 2223 S BRISTOL
REQUEST 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 2223 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3, C) a,o� , CITY VNA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2223 South Bristol Street (APN 015-194-28) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2017, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2223 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on January 30, 2017, in the amount of $659,010 (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. 7511-1 Public Hearing - Resolution Determining Public Interest and Necessity of Property at 2223 S. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $659,010 are appropriated in the Bristol Street Improvements Project (No. 116741), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the State Treasurers Office Condemnation Deposits Fund in FY 2016-2017. 4Fd savi our 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: �j YMSk It�r1>)\1 Francisco Gutierrez f� Executive Director V Finance & Management Services Agency 75R-2 MATCHLINE SEE BELOW RIGHT I I i I 140$336-i1 i ST GERTRUDE PL I 1406471-01 i I i I t 406.471-17 I I i WARNER AVENUE 1x9140lm] -ru5JFrl PPOPEPTI' - FULL, ACUMEITION -kCOU IPfP PIPLIpu I'1F9 I i I I ST ANDREW PL I CAR PL I I I Yj I /,X�rf , GLENWOOD PL CAMDEN PL �ST ANNE PLS J P a7 7 7 w {- (n J O--. f�'r I m I j i pr t t7 ,T i ni i i i .-T._-T..-T-.. I I I u� '7 --- EXHIBIT 1 MATCHLINE SEE TOP LEFT SAVA AMA RESOLUTION DETERMINING PUBLIC 1 1, A CITY COUNCIL INTEREST AND NECESSITY - F� AGENDA DATE; FOR THE ACOUISrrION OF REAL VV, HH PROPERTY AT 2223 SOUTH BRISTOL STREET PUBLIC wanks ncewar (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 10; and 3, 2Ci PAGE 1 OF 1 75R-3 LLI nls:len.za1 �Ir Co J f O F �i a ----I Im 0, 5.I p4.3Q WARNER AVENUE 1x9140lm] -ru5JFrl PPOPEPTI' - FULL, ACUMEITION -kCOU IPfP PIPLIpu I'1F9 I i I I ST ANDREW PL I CAR PL I I I Yj I /,X�rf , GLENWOOD PL CAMDEN PL �ST ANNE PLS J P a7 7 7 w {- (n J O--. f�'r I m I j i pr t t7 ,T i ni i i i .-T._-T..-T-.. I I I u� '7 --- EXHIBIT 1 MATCHLINE SEE TOP LEFT SAVA AMA RESOLUTION DETERMINING PUBLIC 1 1, A CITY COUNCIL INTEREST AND NECESSITY - F� AGENDA DATE; FOR THE ACOUISrrION OF REAL VV, HH PROPERTY AT 2223 SOUTH BRISTOL STREET PUBLIC wanks ncewar (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 10; and 3, 2Ci PAGE 1 OF 1 75R-3 RECEIPT OF OFFER PACKAGE Bristol Street Improvements -Warner Avenue to Saint Andrew Place Parcel File No. 015-194-28 Owner of Record: Dianne Rose Mendez, a married woman as her sole and separate property Additional Owners) of Record: NFA Property Address: 2223 S. Bristol Street, Santa Ana; CA 92704 This into acknowledge receipt of the offer package containing the following items: Offer letter dated January 30, 2017 which includes: Please return the SIGNED Receipt of Offer Package in the envelope enclosed. Dianne Rose Mendez, an individual EXHIBIT 2 75R-4 Date Fair Market Value of the Subject Property (Exh blt A) Preliminary Report Issued by Title Company (Attachment 1) Property Legal Description (Attachment 2) Statement of Just Compensation (Attachment 3) Summary Explanation Statement (Attachment 4) City of Santa Ana Handbook on Acquisition (Attachment 5) Statement of Ownership (Attachment 6) List of Improvements (Attachment 7) Your Rights Under Title VI (Attachment 8) W-9 Form (Attachment 9) Please return the SIGNED Receipt of Offer Package in the envelope enclosed. Dianne Rose Mendez, an individual EXHIBIT 2 75R-4 Date January 30, 2017 Dianne Rose Mendez 2223 S. Bristol Street Santa Ana, CA 52704 CITV OF SANTA ANA 2Q Cialc.Centar Plaid a P.O. BOX1988 Santa Ana California 92702 714-647-5013 MM S,aata•aha orq ACTING. CITY MANArER Gerardo.Mouet _. :CrTYATTORNEY Sonia R.Carvalho CLERK OF THE COUNCIL `Made D,. Nulzar- Via Certified Mail SUBJECT`.REVISED OFFER TO ACQUIRE PROPERTY AND IMPROVEMENTS PERTAINING TO REALTY AT 2223 S. BRISTOL STREET, SANTA ANA, CA 52704 APN: 015-194-28 [tear Property Owner, This Offer supersedes all prior Offers to Acquire. 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 Dianne Rose Mendez, a married woman as her roles and separate property to be the vested owner of the above-mentioned property as shown in Attachment 1, The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property". No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title, if more than one person has an interest in the Property that the City is seeking to acgLlire, all parties with such interest must accept this offer, As you know, the City had your Property appraised by certified appraisers for the real estate as well as improvements pertaining to the realty to determine its fair market value. The appraisals were conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land, Based on the appraisals, the City offers you a total compensation of $659,010.00. The Fair Market Value of the Subject Property, which serves as the basis for this offer is attached as Exhibit A. This offer Is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or bath. 75R-5 2223 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75R-6 2223 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Kathy Cabanilla from Epic Land Solutions, Inc. at (310) 626-4841. Sincerely, Jason Gabriel, Principal Civil Engineer 75R-7 CLTA Preliminary Report Form (Rev. 11106) `Pqr AM nh,r fs HitstAmericau ritle Customer Reference: ATTACHMENT 1 Order Number: OSA-4443265 Page Number: 1 Updated First American Title Company 4 First American Way Santa Ana, CA 92707 Order Number: OSA-4443265 (bdaa) Title Officer: Bob Davies / Ashley Aegerter Phone: (714)250-3094 Fax No.: (714)913-6386 E -Mail: octitle2@flrstam.com Property: 2223 South Bristol Street Santa Are, CA PRELIMINARY REPORT In response to the above referenced appllcatlun for a policy of tltle Insurance, this company hereby report that it is prepared to Issue, or cause to be Issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter set forth, Insuring against loss which maybe sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be Issued may contain an arbitration clause. When the Amount of Insurance Is less than that setfodh In the arbitration clause, all arbitrable matters shall be atbibated at the option of either the Company or the Insured as the exclalva remedy of the padlles. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Tile Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for carte In coverages are also set forth In Exhibit A. Copies of the policy forms should be read, They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all hens, defects, and encumbrances affecting title to the land, This report (and any supplements of iniendntenls hereto) Is issued solely for the purpose of facilitating the Issuance of a policy of title Insurance and no liability is assumed hereby. If it Is desired that liability be assumed prior to the Issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title page 1 of is 75R-8 Order Number: OSA-4443255 Page Number: 2 Dated as of August 24, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report Is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or Interest at the date hereof is vested in; DIANNE ROSE MENDEZ, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 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. 3. An easement shown or dedicated on the Map as referred to In the legal description For: Public utilities and Incidental purposes. 4. Covenants, conditions, restrictions and easements in the document recorded as Book 1750, Page 154 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, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants In senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded as Book 1762, Page 484 and Book 4468, Page 121, both of Official Records. FirstAmer/can Title Page 2 of 15 75R-9 Order Number: OSA-4443265 Page Number: 3 51 An easement for either or both pole lines, conduits and Incidental purposes In the document recorded as Book 1634, Page 516 of Official Records. 6. An easement for either or both pole lines, conduits and incidental purposes in the document recorded as Book 1646, Page 155 of Official Records. A deed of trust to secure an original Indebtedness of $160,000.00 recorded September 05, 1990 as Instrument No. 90.471577 of Official Records. Dated: July 16, 1990 Trustor: Javier Mendez, a single man Trustee: SMS Trust Deed Services, a California Corporation Beneficiary: Pauline J. Moak, as Trustee and Subsequent Trustee, of the Pauline J. Moak Trust dated October 26, 1987 Notes: a. If this deed of trust is to be eliminated In the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title insurance: i. Original note and deed of trust, H. Payoff demand statement signed by all present beneficiaries. ill, Request for reconveyance signed by all present beneficiaries, b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 1.8500.5 of the California Probate Code in a form satisfactory to the Company A document recorded July 01, 1997 as Instrument No. 97-308684 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. B. A deed of trust to secure an original Indebtedness of $154,818.00 recorded September 29, 2000 as Instrument No. 00-519556 of Official Records. Dated: September 19, 2000 Trustor: Javier Mendez, a married man, as his sole and separate property Trustee: First American Title Insurance, a California Corporation Beneficiary: Pauline 3, Moak, as Trustee and Subsequent Trustee of the Pauline J. Moak Trust dated October 25, 1987 FirstAme/%Can Title Page 3 of 15 75R-10 Order Number; OSA-4449265 Page Number: 4 Notes: a, If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title Insurance: i. Original note and deed of trust. IL Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18500.5 of the California Probate Code in a form satisfactory to the Company 9. The effect of a deed of trust to secure an original indebtedness of $ 138,000.00 recorded April 16, 2013 as Instrument No, 13-225876 of Official Records. Dated: March 22, 2013 Trustor: Dianne Rose Mendez, a married woman as her sole and separate property Trustee: Pacific Coast Title Company, a California Corporation Lender: Richard Salvetta or Lydia Salvetta, Trustee of the Salvetta Family Trust dated October 7, 1992 The above deed of trust contains an erroneous or no legal description. Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title Insurance: I, Original note and deed of trust. I. Payoff demand statement signed by all present beneficiaries. Ill. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance Is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial Interest Is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18500,5 of the California Probate Code in a form satisfactory to the Company 10. Any defects, Ilens, encumbrances or other matters which name parties with the same or similar names as Dianne Rose Mendez (3 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, it, Any right, title or Interest of the spouse (if any) of any married person herein. 12, Any right, title or interest of the spouse (if any) of JAVIER MENDEZ, 13. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 14. Rights of parties in possession. FirstAmerican Title Page 4 of 15 75R-11 Order Number: OSA-4443265 Page Number: S Prior to the issuance of any policy of title insurance, the Company will require: 15. A deed from the spouse of any married person herein be recorded In the public records, or the joinder of the spouse of any married person named herein on any conveyance, encumbrance or lease to be executed by said married person. 16. A deed from the spouse (if any) of JAVIER MENDEZ be recorded in the public records, or the joinder of the spouse named herein on any conveyance, encumbrance or lease to be executed by said married person. The deed should contain the following statement: "It Is the express Intent of the grantor, being the spouse of the grantee, to convey all right, title and Interest of the grantor, community or otherwise, in and to the herein described property to the grantee as his/her sole and separate property." FirstAmerican Title Page 5 of 15 75R-12 Order Number: 0SA-4443265 Page Number: 6 INFORMATIONAL NOTES Note: The policy to he issued may contain an arbitration clause, When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be Issued in connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $1.,817.88, PAID Penalty, $0.00 Second Installment: $1,817.88, PAID Penalty: $0.00 Tax Rate Area: 11-101 A. P. No.: 015444-28 2. According to the latest available equalized assessment roll In the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2223 South Bristol Street, Santa Ana, CA, 3. According to the public records, there has been no conveyance of the land within a period of twenty -Four months prior to the date of this report, except as follows: 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, FbstAmel%Can Title Page 6 of 15 75R-13 Order Number: OSA-4443265 Page Number: 8 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 189 OF TRACT 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015-194-28 Fiistknei/can Title Page 8 of 15 75R-14 PageNum%gym_ L I � "eek& .. \= 4 |� , 2, , %~ƒ ~@ ' PageNum%gym_ L I � "eek& aam,r Page 9 of 75R- k \ .. \= 4 |� aam,r Page 9 of 75R- k \ ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT 189 OF TRACT 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 75R-16 75R-17 ATTACHMENT 3 STATEMENT OF JUST COMPENSATION Assessor's Parcel: 015-194-28 Property Owner: Dianne Rose Mendez, a married woman as her sole and separate properly. Property Address: 2223 South Bristol Street Santa Ana, California Location of Parent Property: East side of Bristol Street, beginning 230± feet north of Warner Avenue, within the corporate limits of the City of Santa Ana. Description of Parent Property: The property is presently improved with a commercial office building of wood frame and stucco construction. The building contains 1,194 square feet; and was originally constructed in 1951±. Other appurtenant on-site improvements located within the boundaries of the subject parcel include a four -car carport structure, concrete paving, concrete block walls, business sign, concrete curbing, concrete auto stops, metal bollards (auto stops), inground irrigation system, and ornamental landscaping. Overall condition of the subject improvements is rated average -good, considering the age. The development is situated on a parcel containing 6,122 square feet of land area. Zoning: Bristol Street Corridor Specific Plan. The property has been appraised under the previous zone classification of C-5 (arterial commercial) as a means of avoiding project influence. Topography: Effectively level topography. Utilities: In place at site. Highest and Best Use: Highest and best use is defined as the reasonably probable and legal use of land, which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Commercial development. As improved: Existing use. Date of Value: December 12, 2016 Public Use for Property: Bristol Street Improvement Project. Estate to be Acquired: Fee simple acquisition of entire subject property. Legal Description: Lot 189, Tract No. 1192, per map recorded in Book 39, Page 17 of Maps, in the office of the County Recorder, County of Orange, California. Area to be Acquired: 6,122 square feet of land area (full acquisition). Market Value: $650,000. 75R-17 Summary of the Basis for Just Compensation There are three conventional methods (approaches) which can be utilized to estimate value. They are the Sales Comparison Approach, Cost -Summation Approach, and Income Capitalization Approach. The Sales Comparison Approach and Income Capitalization approach have been applied to the subject property. The Cost -Summation Approach is without meaningful application in the subject case due to the age of the existing improvements and resultant difficulty in accurately estimating accrued depreciation. Further, market participants rarely rely on the Cost -Summation Approach when making buy -sell decisions. Sales Comparison Approach: The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the Principle of Substitution, which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in malting the substitution." Thus, the Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. The Sales Comparison Approach has been applied to the subject property after an investigation and analysis was conducted of improved commercial office building properties located within the immediate and general subject market area. Following is a sunnnaty of those sales considered helpftrl-'wheri estimating the value ofthe-subfeot property as prescrttlyimproved-- — Land Size Corner Zoning Land/Bldg. $/SF Land Data bate Bldg. Size Built Const'n. Ratio Sale Price $/SF Bldg. 1. 7-16 8,542 sf no CCSP 6.92:1 $ 650,000. $ 76.09 1,235 sf 1948 fmil.stuc. $526.32 10931 Chapman Avenue, Garden Grove 2. 7-16 7,125 sf yes C-1 3.18:1 $1,025,000. $143.86 21242 sf 1961 fnndstuc. $457.18 1545 Nutmeg Place, Costa Mesa 3. 8-16 5,696 sf no CG 3.61:1 $ 850,000. $149.23 1,576 sf 2007 frrn./stue. $539.34 7621 Commonwealth, Avenue, Buena Park 4. 9-16 9,372 sf no C-5 6.25:1 $1,000,000. $106.70 1,500 sf 1949 frm./stuc. $666.67 4728 West 1" Street, Santa Ana 5. 9-16 6,450 sf no O -P 2.90:1 $1,050,000. $162.79 2,224 sf 1921 frrn./stuc. $472.12 924 East Chapman Avenue, Orange 75R-18 Summary of the Basis for Just Compensation (Continued) Sales Comparison Approach. (Continued) The improved properties surveyed contain buildings ranging in size from 1,235 to 2,242 square feet. The buildings were constructed between 1921 and 2007, and are situated on parcels ranging in size from 5,696 to 9,372 square feet of land area. The sale properties employed herein represent the most recent comparable improved sale properties available for analysis. Due to the lack of a representative number of reasonably comparable improved commercial properties having recently sold within the immediate subject market area, it was necessary to expand the geographic search area to include the greater Orange County region. Particular consideration has been assigned to general location and immediate environmental influences in the analysis of the sale properties employed herein. The purchase price per square foot of building area has been utilized as the primary unit of analysis in the Sales Comparison Approach inasmuch as it is widely used among market participants. The overall purchase prices range fi-om $650,000 to $1,050,000, reflecting $457.18 to $666.67 per square foot of building area. All of the sales employed herein conveyed title to the fee simple interest, and represent arm's-length transactions. Financing terms of each sale were typical of the subject market area. Adjustments are not warranted for property rights conveyed, conditions of sale, or financing terms. Certain of the improved sales data, considered extended over a time period back to the third quarter of 2016. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between July, 2016 and September, 2016. Inasmuch as the sales took place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: General location. Immediate environmental influences. Zoning. Vehicular and pedestrian access. Vehicular and pedestrian traffic. Building size/features. Building age and condition. Construction type and quality. Availability of public alley. Overall developability. Site frontage/depth ratio. Site prominence and exposure. Proximity to freeway. Building remodeling, if any. on-site parking capacity. .Extent of other on-site improvements. A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. 75R-19 Summary of the Basis for Just Compensation (Continued) Sales Comparison Approach: (Continued) The Relative Comparison Analysis is similar to paired data analysis without fire use of arbitrary or unsupportable quantitative adjustments. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof, Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in malting the analysis of each property. The general location, immediate environmental influences, land size, building size and features, building age/condition, as well as site prominence/exposure were considered the most important factors in the subject case. Overall marketability of each sale property was also considered. Marketability is the practical aspect of selling a property in view of all the elements constituting value, and certain economic and financing conditions prevailing as of the date of sale. Allowance was made for these factors when considered applicable, Another important factor considered in analyzing the overall purchase price per square foot of building area is that of the land/building area ratio. The sale properties have ratios ranging between 2.90:1 and 6.92:1. The subject property has a ratio of 5.13:1. All of the sale transactions employed herein were considered helpfal in the valuation analysis of the subject property, Following is a summary relating the overall comparability of the individual sale properties to the subject site: After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is the appraiser's opinion that the value of the subject property is estimated as follows: Building factor: 1,194 SF @ $550.00 = $656,700. Inasmuch as the subject property is an improved property, and would be acquired for the utility and/or income producing capability of the building improvements, the value indication produced by the building factor has been assigned the most weight. The value of the subject property, as presently improved, and as indicated by the Sales Comparison Approach, is adjusted to $655,000. 75R-20 Overall $ Per Data Comparability SF Bldg. 2 inferior $457.18 5 inferior. $472.12 1 inferior $526.32 3 slightly inferior $539.34 Subject - - - - $550.00 4 superior $666.67 After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is the appraiser's opinion that the value of the subject property is estimated as follows: Building factor: 1,194 SF @ $550.00 = $656,700. Inasmuch as the subject property is an improved property, and would be acquired for the utility and/or income producing capability of the building improvements, the value indication produced by the building factor has been assigned the most weight. The value of the subject property, as presently improved, and as indicated by the Sales Comparison Approach, is adjusted to $655,000. 75R-20 Summary of the Basis for Just Compensation (Continued) Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long term vacancy/credit loss and various expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. Following is the income and expense schedule considered applicable to the subject property. Main building: 1,194 SF @ $2.60 = $3,104, Total gross annual income: $3,104 x 12 = $37,248. Vacancy and credit loss (3,0%): - 1,117. Effective gross annual income: $36,131. Annual expenses: , /SF %EG1 Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.0% 00. Management (3%): 0,90 3.0% 1,080. Legal and accounting: 0.29 1.0% 350. Maintenance/repairs: 067 2.2% g00. $1.86 6.2% Total annual expenses: - 2,230. Net annual operating income: $33,901. ------------------- Capitalization of net income: $33,901 capitalized at 5.25% _ $645,733. Adjusted: $645,000. .Reconciliation: Value indicated by Sales Comparison Approach: $655,000. Value indicated by Cost -Summation Approach: Not applicable, Value indicated by Income Capitalization Approach: $645,000. Final Estimate of Market Value: Based on the foregoing, as well as the valuation analysis set forth in the appraiser's file, the market value of the tmencumbered fee simple interest in the subject property, in as -is condition, exclusive of non -realty fixture/equipment items, is estimated at $650,000. 75R-21 ATTACHMENT 4 SUMMARY RY EXPL.ANATION 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 frill amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the pablic 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 DomainLaw (California Code of Civil. Procedure Section 1.263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular nines sity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75R-22 ATTACHMENT 5 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 75R-23 Dear Property Owner: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and. Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and .regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures ase subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisltlou, City's acquisition consultant will contact you. 75R-24 i ZA B]L.E Or CONTENTS PAGE WHYIS MY PROPERTY REQUIRED? ] WHAT RIGHT DGES THE CITY HAVE TO ACQUIRE MY PROPERTY? 1 WI10 MAKES THE DECISION TO BUY MY PROPERTY? 1 HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR, MY PROPERTY? 1 WHAT IS rAIR MARKET VALUE? 1 How DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MYPROPERTY IS NECESSARY FOR A PUBLIC PROTECT, HOW SOON WILL TIM CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE.BASIS FOR ITS DETERMINATION 2 OF WST COMPENSATION7 CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CH Y'S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? $ MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? S CAN THE CITY" TAKE ONLY A PART OF MYPROPERTY7 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 .AMI ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON TI -M INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75R-25 WHY ISMY PROPERTY TRE'QpMZED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be requhed for the improvements of Bristol Street. WHAT RIGHT DOES THE CITY HAV, TO AVOUTRE MY PROVERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain, The rights of each of us are protected by the fifth and fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO NIAMS THC DECISION TO BUY 74Y 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 intarasted citizens. HOW WILL TIME CITY DETERMMI HOW MUCH TO OFF.CR ME FOR MY PROPERTY? Before malting you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your ,property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest pricy 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. 75R-26 HOW DOES AN APPIWNER (DETERMINE TM FAIR MARKET VALUE, OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: How it compares with similar properties in the area that have been sold recently. How much it would cost to reproduce the buildings and other stractures, less any depreciation. FIow much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CFI.ANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to tho 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 fox this purpose, ONCE THP CITY 1DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The thning of a purchase offer depends on the following factors; The amount of work required to appraiseyour property, The availability of funding; and Possible project delays caused by factors outside the control of the City, Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the fWl amotmt 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 YS IN TIM CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: The recognized definition of the term "fair market value" or the equivalentterm. 75R-27 • The date of valuation, highest and best use, and applicable zoning of property, • An accurate description of the property to be acquired. • A list of the improvements covered by the offer, • The principal transactions, reproduction or replacement cast analysis, or capitalization analysis, supporting the determination of value, • The amount of the offer, • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supportvagthe compensation, Including any offsetting benatits, • An indication that the offbr does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN T GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure 'Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, notto exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza M-36, Santa An a, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT .TFCC+ CTTY'S TNTPIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal), When fully justified by the available evidence of value, the City may make a revised offer, MAY I HAVE SOMEONE REPRESENT MC IDURING NEGOTIATTONS? 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. 75R-28 N' I AGREE' TO ACCEI T TTTg' CITY'S OFFER, HOW MOON'6MI, I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agroomont, If the title evidence obtained by the City indicates that further action is necessary to show that your ownersblp is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Titte evidence is a legal record of ownership of the property. It identifies the owners of rocord and lists the restrictive deed covenants and recorded mortgages, liens and other iustr aments affecting your ownership of the property.) WHAT IIAI'PENS IF I ID NOT AMEE T'D TfW FI NAL PURCHASE OFFER W TBA CITY? If you and the City are unable to reach an agreement tbrough 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. 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 drat 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 willreceive written notice at least 15 days in advance of the hearing, .After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right. After hearing the evidence of all parties; the court or a jury will determine the amount of just compensation to which you ate entitled. In the State of California, a prop city owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, ajudge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. however, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN OIWER OF POSSESSION? An order of possession is aprocess 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 75R-29 r court. This procedure is used typically where the possession of your property Is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City most deposit with the coot an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems, A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to sock. additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the differeaco plus any interest and costs as provided by law. WILL FHAVE TO PAYANY SETTLEN"I T COSTS? If you and the City enter Into an agreement for the City's purchase of your property, you will not beresponsible for the reasonable andnecessary costs of: Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period atter the City acquires your property. Escrow or the City will identify these items in a preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which yyou should be repaid, you should request repayment from the City within six months after the acquisition, City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF TM BUMDL%8 OR OTHER TlOROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know, If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to anew location. . 75R-30 CAN TM CITY TAXKE ONLY APART Orf MY PROVE' RTY? YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under thoso 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. WEM I HAVE TO P A V REFIT TO THE CITY AE'I'EIB. MY PROPERTY IS .ACQUINID? If you (or yom• tenant) wish to remain in the property after acquisition for a short teen 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 proratedportion of the fair rental value for a typical rental period. However, the amount of rout to be paid by your or yom• tenant shall be witbiu your financial means or your tenant's fmancial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if yon 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 RECOVEIt LOSS OT BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on, the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a),Ile owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder, (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill, (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. 75R-31 (4) Compensation for the loss will not to duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business as aresult ofits location, reputation for depeudability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage IAM A WTERAN, ]ROW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAR'' 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 (1125) 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 consequeuces relating to the condemnation of your property, you should consult with your personal tax advisor, 75R-32 ATTACHMENT 6 STATEMENT OF OWNERSHIP PERSONAL PROPERTY, TENANT IMPROVEMENTS, FIXTURES AND EQUIPMENT PARCEL NO.: PROJECT: CCU: TENANT'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Date: Tenant PROPERTY OWNER'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Property Owner Date: Please have each signature on this document notarized. 75R-33 ATTACHMENT 7 CITY OF SANTA ANA OCC FUNDING 2223 S. BRISTOL CIO SOURI AMIRANI FAIR MARKET VALUE IN-PLACE CIVIL SOURCE ENGINEERING DATE OF VALUE: OCTOBER 7,201r) L 01 C Q I T DESCRIPTION: O U 7! FMV IN N Y IMPROVEME-NTS PERTAINING TO THE REALTY N A 0 PLACE E D L (NVPRK 5) -Not Uatued, Pari of Real Estate 1 1 LOT 010 INTERIOR CONSTRUCTION -BATHROOM G G 2424 (117VPRRJ 2 (52)SF TILE FLOORING, NATURAL STONE 3 (5)LF GRANITE COUNTER 2,426 4 (5)LF CABINET, SOLID WOOD, NATURAL FINISH, CERAMIC/IRON FLUSH MOUNTED SINK, UPGRADED BRONZE FINISH SINGLE NECK FAUCET 5 6 1 LOT CIO INTERIOR CONSTRUCTION THROUGHOUT A A 2428 (NVPRE) 7 (67)SF INTERIOR WALL, WOOD FRAMING, DBL DRYWALL COVER, TEXTURED, PAINTED, (464)SF OF INTERIOR WALL, OFFICES, WOOD FRAME, 2439 DBL DRYWALL CONSTRUCTION 8 (2) WINDOW, SLIDE, DBL PANE, 24"X36", 9 (1) FRENCH DOOR, WOOD, 31"X7B"H 10 (1) WINDOW, SLIDE, DBL PANE, 24"X36-, 11 (10) LF CABINET AND SHELVING, WOOD, PAINTED F A 2430 12 (3) WINDOW, INTERIOR, 24"X36", DBL PANE, SLIDER 13 (120) SF TILE, CERAMIC, 12" A A 2431 1 LOT CIO WINDOW COVER 690 14 (2) WINDOW SHUTTER, 43"X43", WOOD G G 2492 15 (2) WINDOW SHUTTER, 50"X50", WOOD G G 16 17 1 LOT C/O INTERIOR UPORADGS-OWNER OFFICE G G 2442 2,785 18 (1) BUILT-IN, ENTERTAINMENT CENTER 8, WALL CABINETRY, 60"X83", WOOD, PAINTED, 3 GLASS DOORS, 19 (33)LFX3.6'H, WAINSCOTING, WOOD, PAINTED (AfVPR,) 20 (49)LF0" CROWN MOLDING, WOOD, PAINTED ()MPRE) 21 22 1 WINDOW COVER (80)SF, VERTICAL BLINDS, PLASTIC, 3" A A 575 PANELS 23 24 1 FLOORING, (451)SF WOOD LAMINATE (NVPRk) C G 2434 25 25 1 ALARM SYSTEM, (1) MOTION SENSOR 665 BXTBRIOR 27 28 1 LOT CIO IMPROVEMENTS (NVPRS) A A 2460 29 (79.5)SF OF BRICK ENTRY WAY WIBULLNOSE 13RICK TRIM Hj(3IM5tirom Associates Paye Al 75R-34 CITY OF SANTA ANA CIO SOURI AMIRANI CIVIL SOURCE ENGINEERING OCC FUNDING 2223 S, BRISTOL FAIR MARKET VALUE IN-PLACE DATE OF VALUE: OCTOBER 7, 2015 L D C q I T DESCRIPTION: o U .2 FMV IN N Y IMPROVEMENTS PERTAINING TO THE REALTY N A PLACE E D L (NVPRE) - Not Valued, Part of Real Estate 1 'I LOT C/O INTERIOR CONSTRUCTION -BATHROOM G G 2.424 (NVPRE) 2 (52)SF TILE FLOORING, NATURAL STONE 3 (5)LF GRANITE COUNTER 2426 4 (5)LF CABINET, SOLID WOOD, NATURAL FINISH, CERAMICIIRON FLUSH MOUNTED SINK, UPGRADED BRONZE FINISH SINGLE NECK FAUCET 5 6 1 LOT CIO INTERIOR CONSTRUCTION THROUGHOUT A A 2428 (NVPRE) 7 (67)SF INTERIOR. WALL, WOOD FRAMING, DBL DRYWALL COVER, TEXTURED, PAINTED, (464)SF OF INTERIOR WALL, OFFICES, WOOD FRAME, 2439 DBL DRYWALL CONSTRUCTION 8 (2) WINDOW, SLIDE, DBL PANE, 24"X36", 9 (1) FRENCH DOOR, WOOD, 31"X78"H 10 (1) WINDOW, SLIDE, DBL PANE, 24"X36", 11 (10) LF CABINET AND SHELVING, WOOD, PAINTED F A 2430 12 (3) WINDOW, INTERIOR, 24"X36", DBL PANE, SLIDER 13 (120) SF TILE, CERAMIC, 12" A A 2431 1 LOT C/O WINDOW COVER 690 14 (2) WINDOW SHUTTER, 43"X43", WOOD G G 2432 15 (2) WINDOW SHUTTER, 50"X50", WOOD G G 16 17 1 LOT C/O INTERIOR UPGRADES -OWNER OFFICE G G 2442 2,785 16 (1) BUILT-IN, ENTERTAINMENT CENTER & WALL CABINETRY; 60"X83", WOOD, PAINTED, 3 GLASS DOORS, 19 (33)LF X3.5'H, WAINSCOTING, WOOD, PAINTED (NVPRE) 20 (49)LF 6" CROWN MOLDING, WOOD, PAINTED (NVPRE) 21 22 1 WINDOW COVER (80)SF, VERTICAL BLINDS, PLASTIC, 3" A A 575 PANELS 23 24 1 FLOORING, (451)SF WOOD LAMINATE (NVPRE) G G 2434 25 26 1 ALARM SYSTEM, (1) MOTION SENSOR 665 EXTERIOR 27 28 1 LOT C/O IMPROVEMENTS (NVPRE) A A 2460 29 (79.5)SF OF BRICK ENTRY WAY W/BULLNOSE BRICK TRIM Njolmstrom Associates Page Al 75R-35 CITY OF SANTA ANA C/O SOUR[ AMIRANI CIVIL SOURCE ENGINEERING OCG FUNDING 2223 S. BRISTOL FAIR MARKET VALUE IN-PLACE DATE OF VALUE: OCTOBER 7, 2015 L Q C Q 1 T DESCRIPTION; o u° FMV IN N Y IMPROVEMENTS PERTAINING TO THE REALTY N A PLACE E D L 30 (2) COLUMNS, 2'X2%4'1-1, BLOCK W/BRICK EXTERIOR AND BULLNOSE CAP 31 (90,5'X10.5') ENTRYWAY CANOPY, WOOD CONSTRUCTION, CHIPBORD ROOFING, COMPOSITE COVER, PAINTED 32 33 1 EXTERIOR WALL ACCENT, FLAGSTONE VENEER, (95)LF G G 2457 (NVPRE) 34 35 3 MATURE TREES, 9 -QUEEN 2-FICUS (NVPRE) A A 2460 36 37 1 SIGNAGE, 4'X5', ILLUM, MTL CABINET, DBL SIDED, A A 2454 3,790 PLASTIC SURFACE 38 39 1 PLANTER PARTITION-(NVPRE) 2454 40 41 1 EXTERIOR LIGHTING C/O A A 505 42 (1) DBL BULB, SPOT, MOTION SENSOR 43 (1) SECURITY LIGHT FIXTURE, ROOF MOUNTED LIGHT, HI -PRESS SODIUM BULB 44 45 9 CARPORT, 98'X37', 4"X6", 4"X4", 2"X6" WOOD FRAME_ F L 2459 CONSTRUCTION, CORROGATED GALV STL COVER (NVPRE) 46 47 1 CONCRETE, DRIVE AND PARKING, (3030)SF, 6" REINFORCED (ALL CONCRETE POURED AT SAME TIME. 9260 APPEARS OLDER DUE TO WEATHER AT TIME OF POUR, FEE OWNER SHOWED PICTURES OF POUR WHICH VERIFIES) (NVPRE') 4B 49 TOTAL IMPROVEMENTS PERTAINING TO THE REALTY 50 59 HjeCmstrom Associates 75R-36 G A 2456 $ 9,0.10 Page A2 Epic Land Solutions, Inc. 2601 Airport Drive, Suite 130 Torrance, CA 90505 Phone: (310) 986-2960 Fax: (310) 891-3348 CITY OF SANTA ANA TITLE VI INFORMATION PACKAGE All YAC171tl EMT U The project proposed by the agency listed above will be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin., be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following documents: • Title VlBooklet • Title VI of the 1964 Civil Rights Act and Related Statutes ■ Right of Way Title VI Survey Form with Self -Addressed Stamped Envelope ■ Right of Way Title VI Discrimination Complaint Form ■ The U.S. Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title V1 Survey form be completed and returned in the self- addressed stamped envelope. If you read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.EpicLand.com 75R-37 77 w � N ° u oo M > a+ U bq ~ LL Mra � ' ` " o IA 0i" CLm N 00 N o ry L 0 `^ N v1 i�caOCN dl `� mN Q P d p ry N Uy N'd Q� "�{ ¢ m U O U U N� � w U_ agq U U O' ap U �O viQm Oo Oh vlOn.� w0�'o qof G nnu o OW NOo�C p & _cm ® M N �. V ✓bi .�.. W vii .�... "BW Q m � N a N u u`e�0u. Ln y1R U aOG�� v O w r U O y, tl b0 ryN LL U G nl LL X V' % M O L7i h, O C N w 04 w> O 75R-38 77 P k IL iR .� E G o N N rrrtltltl N O a v Y� c > o Y o E o G d °Y°UO b c.° •U b F u C L a ry 7 a v o G i V u C a• L O OU O O 1.. E N b ,O >' T o uu a:`+cp�aa1'. E a N d �, G ul u y � .G .� �•� Ode L a .G a i `i y.• C -.W arr l v � a 0 U •I�v " ml.��l � op ''F G �I � G �� IPd W a N r L oIvo�� > -S 1-,,0 i3 b 3 ?ow it- . aC G .M s E •c N G E d 3 S b a c my '� v E•� ��.0 Y E N a o = b b m Ea E c a O 43 F uo Y 0 �i S4 Zo Q g N o fl v a W w b o> d s t av� b N N U w y N C a c C O T M— ° a w O a u b -13„ 4- m a 'o YNG WCf b U a ° R 5a, IL-a�''3wuN N O G E a o N o U' N L N bG0 y E O'IN-1 L5 8 Ev ` yCS 0. � •SY'. � p O N 75R-39 43 0 �i S4 Zo Q g N w o s t o ° -13„ 4- a a WCf Ci Cf obi R 5a, 75R-39 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Paget oft • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistauce." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S,C. 4501, provides: "For the fair and eqnitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carded on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES TBE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRTh1INATION STATUTES TO INCLUDE .ALL PROGRANLS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCE PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, F.L. 101.246, provides: "For fait, uniform, and equitable treatment of all affected persons; ,,.(and) minirmaing the adverse impact of displacement ... (to maintain)—the economic and social well-being of communities; and ... to establish a lead agency and allow for State certification and implementation." (UPDATED TI3E 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75R-40 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Paget of2 o The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individmil with a disability shall, by reason ofsuch disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRWNA ION AGAINST PEOPLE WITH DISABILITIES) " The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) Fox the purposes of this section, the teem 'make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section areprotected against impairment by non-governmental discrimination and impairment under color of State law." e Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(1) It shall be unlawfnl... to refuse to sell or rent after the making of a bona :tide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROI-EBTTS DISCREVIEVATION IN THE SALE OR RENTAL OF HOUSING— HUD is the primary interest agency, but FPIWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) W The National Environmental Policy Act of 1969,42 U.S.C. 4321 Requires the consideration of altematives, including the "no -build" altemadve, consideration of social, environmental and economic impacts, public involvement, and use of asystematic interdisciplinary approach at each decision making stage of Federal -aid project development. o Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate andprofessional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain. instances. Y Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(leo qualified handicapped person shall, solely byreason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PRORWITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Deparhneut of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FHWA-HCR 06-006 75R-41 TITLE VI SURVEY PERSONAL INFORMATION NOTICE Pursuant to the FedoKal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, ct seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluutary. The principal purpose of the voluntary information is to facilitate the processing of this form, The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: „Under 4Q _ 41-65 _Over 65 Race/Ermicity: —White American Tribe Black Pacific Islander _,Hispanic __ Other Asian Language spoken, if other than English: Specify: Are you or any member of yowhousuhold suffering any physical disability ormedioal condition? —Yes _No Axe you a low-income family? Enclosure _Yes _No 75R-42 TITLE VI DISCRIMINATION COMPLAINT Natne ))!at Co Rte Post BASIS OFDISCRBYIINATION RACE ❑ COLOR ❑ NATIONAL ORIGIN [I SEX ❑ Diability ❑ Low-income ❑ Non-English SPeakex Provide dates) andplace of alleged discriminntton Describe the nature of the action, decision, or conditions of the alleged discriminnhon (Mach Extra Page. If Necessary) Name ofindividuals (if Known) respens�ble fortho flctian, decision or condition of alleged discrimination Pxovide aupporfing information known to complainant in support of his/her allegation Tdend£ypossiblewimessrs wUomthe compleinontbeEeves car. provide factual infeanowtion about this allegation State the action requested by complainant 75R-43 LANGUAGE IDENTIRGATION FLASHCARD nn•3303 v. vrrr.nimcn� v. �.,rv,�ntinu� 7 5 R-44 Economia n dU.S. CENSUS BUREAU UCWWI. J.W.. BUREAU 1. Arabic 2. Armenian 3, Bengali DRUM "I, . 5. Chamorro 6, Simplified Chinese 7.Traditional Chinese 8.Croatian 9. Czech 10„ Dutch 11, English 12, Farsi �,M,f y9 S ldl � yJl 13A �j! X Y. Ek--)d Itw`n...ttL-,�, w�u ,Pwnwftn�uniJ' ),13� tunun�J' LtwJ' Itwl,rl.n�J' �,� /y'wJ�(:�b. � 1 61Ut3iST'u11Rgv��ifS3[iiSa 6tSF�fiaI1S U8tTS1tt7�i1G�S1 i�i 9 ❑ Motka i kabhon ya yangin untflugnu' manaitai pat tintungnu' kumentos Chamorro. FOzna&ta vadratid ako citate ili govorite hrvatski jezik. 2a&rtnete tuto kolonku, pokud ctete a hovoMe cesky. F17.s dit vakje aan als a Nederlands kunt lezen of spreken. E F] :Mark this box if you read or speak English. nn•3303 v. vrrr.nimcn� v. �.,rv,�ntinu� 7 5 R-44 Economia n dU.S. CENSUS BUREAU UCWWI. J.W.. BUREAU 1. Arabic 2. Armenian 3, Bengali DRUM "I, . 5. Chamorro 6, Simplified Chinese 7.Traditional Chinese 8.Croatian 9. Czech 10„ Dutch 11, English 12, Farsi ncocIci si vous lisez on parlez. le fiangais. Kxcnzen Sie dieses K° al;cheu an, wenn Sie Deutsch lesen oder spsechen. Erlµet6acs auro to -naa[ato av SLOVO(Ece rl p ata EXAt)vuca. Make kazye sa a si on li oswa on pale kreyol ayisyen. 3TTL 3TIq 'r ee arCSTT qq uc & zft w 4EFkT rR f4' city T 1 Kos lub voj no yog koj paub twm thiab hais Ins Hmoob, E7elolje meg ezt a kock6t, ha meg6rti vagy besz6li a magyar nyalvet. u Ma kaam daytoy nga kation no makabasa wenno makasmka it! Ilocano. r7M:@xchi:qucst:acaso]Ja se Legge o parla italiano. Zmuu�ula2e�u i)�ui�Ue7u�nd�nw�s�a�u. Prosimy o zaznaczenie tego kwadratu, jeieli postuguje sl@ Pan/Pani jgzykiempolskim. U.S. DEPARTMENT OF COMMERCE -- ---- Eoonejnlw and Ste tietwu Atlminie,mllun 75R-45 0.a UN9a9 BUREAU 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18, Hmong 19, Hungarian 20. Ilocano 21. Italian Z2. Japanese a Korean A, Laotian 5. Polish ❑ Assinale este quadrado se voe@ 16 ou fala portugu€s. ❑ Insemnali aceasta casula daca cidti sau vorbili rombe§te. HOM=fffe 3TOT imappaTmc, ec.Mr Bai nuaeze MM ronopxTe rto-pycciar. ❑ 06enexcrtTe osaj xuagpamayxonxxo exTaTC xnx ronopxxe cpncxx jesxx. POzua6te tento stvorcek, ak viete cftaf alebc hovorif po slovensky. ❑ Marque esta casilla si lee a habla espanol. ❑ Markahan itong kuwadrado kang kayo ay marmong magbasa o magsalita ng Tagalog. ❑ Rvirnittsnaust�Eta�`ludoati�vi�uo�uusoylnnTtr�%wn. ❑ Maaka 'i he puha ni kapau 'oku ke. lau pe lea fakatonga. ❑ BiAmiTwo rho zcuiTzBxy, mcgo ux-tTaeme a6o roaopxTe yxpahter xoro Moeoro. L Yut ❑ Xin d6nh dau vao o nay nen quy vi bid doc va n6i dtigc Viet No. ❑ . 71 )} lN�N i�7w �» YN]Y))I)N U'U'1'Y aB-33a9 U.S. DEPARTMENT OF COMMERCE 75R-46 U.S. U.S. CENSUS aUf[FJ1U 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31, Spanish 32.Tagalog 33, Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38.Yiddish Form ®Give Request for Taxpayer FM u m _ 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 How to get a requester. Do hot epartmentoltu?asury send to the IRS. ntemal Revenue 5ewlca 1 Name (as shown on your income tax return). Name is required on this line; do net leave this line blank. 2 Business name/disregarded entity name, It different from above N m m a 3 Chock appropriate box for federal lax classification; check only one of the following seven boxes) 4 Exemptions (codes apply ants to certain entities, not Individuals; see o ❑ hidlvlduoVsole proprietor or ❑ G Corporation ❑ 5 Gorporatim ❑ Partnership ❑ Trust/estate Instructions an page 31: m a esingle-member LLC Exempt payee code (if any) 0 © Limited liability company. Enter tho lax classification (C=C corporation, S=S corporation, P=partnership) o Note. Pura single -member LLC that Is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting the tax classification of the single -member owner. code Of any) G(ApplMs R El Other (see instructions) to acmunlc mainhlnedouLlda lNa call a iE s Address (number, street, and apt. or suite no.) Requester's name and address (optional) u a a m6 _ City, stato, and ZIP code a m 7 List account numbers) here (optional) W�M Taxpayer Identification Number (PIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid ( 5001al security number backup withholding. For Individuals, this Is generally your social security number ( However, fora resident alien, sale propr, page ietor, or disregarded entity, see the part I Instructions on page 3, For other FM u m _ entitles, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account Is In more than one name, see the Instructions for line 1 and the chart on page 4 for I Employer identification number � guidelines on whose number to anter. �1 �IF Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer idelitifloation number (or I am waiting for a number to be Issued to me); and 2. lam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service 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 to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting Is correct. Certification Instructions. You must areas 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 most provide your correct TIN. See the instructions on page 3. sign Signature of Here I U.S. person t Date General Instructions Section references are to the internal Revenue Code unless otherwise noted, Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) Is at www.lrs,gcv/flag. Purpose of Form An Individual or entity (Farm W-9 requestsr) who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (11 N) which may be your social security number (SSN), individual taxpayer Identllloatton number QTIN), adoption taxpayer Identification number(ATIN), or employer Identification number (EI N), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns include, but are not limited to, the following: • Form 1099 -INT (Intereat earned or paid) • Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 10i19-M[SG (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by hookers) • Form 1099-S (proceeds (ram real estate transactions) • Form 1 uSM<(merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T tuition) • Form 1099-0 (canceled daht) • Form 'I099 -A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S, person (Including a resident ellen), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withhoking? on page 2. By oldning the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3, Claim exemption from backup withholding if you are a U.S. exempt payee, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax an foreign partn rm'share of effectively connected Income, and 4. Certify that FATCA code(d) entered on this form (it any) Indicating that you are exempt from the FATCA reporting, Is correct. Sea What la FATCA reporting? on page 2 for further Information. Cat, No, 102M 75R-47 Form W-9 (Rev. 12-201 g Form W-9 (Rev. 12-201 Note. If you are a U.S, person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If It Is referentially similar to this Form W-9. 0straiten of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An Indlvldual Who Is a U.S,.Mizen or U.S. resident alien; • A partnership, enmomflon, company, or association created or organized In the United States or under the laws of the United States; • An estate (otherthan a foreign estate); or • A domestic trust (as defined in Regulations auction 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 pertnem'share of effectively connected taxable income from such business. Further, In certain chosen where a Form W-9 has not been received, the rules under section 1446 require a parinersnip to presume that a partner Is a foreign person, and pay the sectlon 1446 withholding tax. Therefore, Ifyou are a U.S. person that la 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 sectlon 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 allocable share of net Income from the partnership conducting a trade or business In the United States; • In the case of a disregarded entity with a US, 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 fomlgn person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropHate Fonn W-8 or Form 8233 (see Publication 615, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident often. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S, tax on cedain types of Income, However, most tax ireages contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of Income even offer the payee has reharwlse become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who Is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S, tax on certain types of Income, you must attach a statement to Form W-0 that apportion 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 contains the saving clause and Ito exceptions. A. The typo and amount of Income that 0wallfles for lien exemption from tax. 5. Sufficient 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 from tax far 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 6 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Angola 20 to continue to apply even after the Chinese student becomes a resident alien of the Unfled States, A Chinese student who qualities for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W -o 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 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certaln 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 Intm'eat, dividends, broke)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 not subject to backup withholding. You will not be subjectto backup withholding on payments you receive If you give the requesteryeur correct TIN, make the proper cer ificatlons, and report all youriee ble Internet and dividends on you tax return. Payments you resolve will be subject to backup withholding If: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II Instructions on page 3 for details), Page 2 3. The IRS tells the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not cad Ify to the requester that you are not subject to backup withholding under above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. Sea Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships above. What is FATCA repotting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial Institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form 10.9 for more Information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or If you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor treat dies. Penalties Failure to furnish TIN. If you fail to fumish 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. CMI penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Grim trial penalty for falsifying Informatlon. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or Imprisonment. Misuse of TI No. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 Is for ajolnt account, list first, and then circle, the name of the person or entity whose number you entered In Part I of Farm W-9, a. Individual. Generally, enter the name shown on your tax return. If you have changed your fast name without Informing the Social Security Administration (SSA) of tha name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ]TIN applicant: Enter your individual name as it was entered on your Form W-7 appllcatlon, line 1a. This should also be the same as the name you entered on the Form 1040/104OA/I 040EZ you find with your application. h. Sole proprietor or single -member I.I.C. Enter your individual name as shown on your 1040/1040AII040EZ online 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that Is not a single -member LLC, C Corporation, or S Corporation. Entarthe mlify's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on Ilne 2. d. Other entities. Enter your name as shown on requlred U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any, business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal fax purposes, an entity that is disregarded as an entity separate from Its owner Is treated as a "disregarded entity." See Rogulatlons section 301.7701-2(c)(2)(Iiq. Enter the owner's name on line 1. The name of the entity entered an line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the Income tax return on which the Income should be reported. For exmipia, If a foreign Ithat Is treated as a dleregarded entity for U.S. federal tax purposes has asingle owner that Is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity Is also a stronger Had entity, enter the first owner that N not disregarded for federal tax purpooec. Enter the disregarded antity's name on line 2, "Business nameldisregarded entity name." if the owner of the disregarded endty is a foreign person, the owner must complete an appropriate Form W-8 instead of a Farm W-9, This Is the case even If the foreign person has a U.S, TIN. 75R-48 Form W-9 (Rev. 18-2014) Line 2 If you have a business name, trade name, DHA name, ordisragarded entity name, you may enter It on line 2. Line 3 Chock the appropriate box Ih Ilne 3 forthe U.S. federal tax ciasalflcation of the person whose name is entered on line 1. Check only one box in Ilse 3. Limited Liability Company (LLC). If the name on line t is an LLC treated as a partnership for U.S, federaltax purposes, check the "Limited Liability Company" box and enter "P" In the space provided. If the LLC has filed Form 8632 or 2653 to be toxod as a corporation, check the "Limited Liability Company" box and In the space provided enter "C" for C corporation or "S" for S corporation. If It is a single -member LLC that is a disregarded entity, do not check the "Limited Liability Company" box; Instead Short<the first box in line 3 "Indivlduallsole proprietor or single -member LLC." Lina 4, Exemptions If you are exempt from backup withholding end/or FATCA reporting, enter in the appropriate space in line 4 any coders) 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 payments, Including Interest and dividends. Corporations are not exempt from backup withholding tot payments made In settlement of payment card or third party network transactions. a Corporations are not exempt from backup withholding ivlth respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services aro net exempt with respect to payments reportable on Form 1099-M15C. The following cedes identify payees that are exempt from backup withholding. Enter ho appropriate code In the space In line 4. 1—An organization exempt from tax under section 80'1(a), any IIIA, or a custodial account under section 403(6)(7) If the account satlefles the requirements of section 461(q(2) 2—The United States or any of Its agencies or hatrumentalltloa 3—A state, the District of Columbia, a U.S. commonwealth or possessioh, at any of their political subdivisions or Instrumentalities 4—A foreign government m any of Its political subdivisions, agencies, or Instmmentallties S --A corporation 6—A dealer in securities or commodities required to register In the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate Investment trust e—An entity registered atoll times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) I I—A Iinanclal Institution 12—A middleman known In the Investment community as a nominee or custodian 13—A trust exempt from lex under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees Its ad above, 1 through 13. IF the payment is for... THEN the payment is exempt far... Interest and dividend payments All exempt payees except for Braker transactions Exempt payees 1 through 4 and 6 through ii and all C corporations. S corporations must not enter an exempt payee cede because they are exempt only for sales of noncovered securities acquired prior to 2012. Better exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,000 1 through 5' Payments made In settlement of Exempt payees 1 through 4 payment card or third party network transactions I See Form 1099-MISC, Mleardlaneous Income, and Its instructions, Page 3 'However, the tollowmil payments made to a corporation and reportable an Form 1099-MISO ere not exempt from backup withholding: medical and health one payments, adomays' fees, gross proceeds paid to an attorney reportable under section 0045(Q, and payments for services paid by a federal executive agency. Exemption from FATOA reporting code. The following codes Identity payees that are exempt from reporting under FATCA. These codes apply to persons Submitting this form for accounts maintained oufaldo of the United States by certain foralgn financial Institutions. Therefore, If you are only submitting this form for an account you held In the Noted States, you may leave this field blank. Consult with the person requesting this form If you of mountain If the financial Institution Is subject to these Ioqulrements. A requester may Indicate that a code Is net required by providing you with a Form W-9 with "Not Applicable" (or any similar Indian Ilan) wrihen or printed on the line far a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) 8—The United States or any of Its allenriss or inabumentalliles C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D --A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that Is a mem her of the same expanded affiliated group as a corporation described in Regulations section 1.1472.1(e)(f)(i) F -A dealer in securities, commodities, or met vailve 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 amAlon 051 or an entity registered at all times during the tax year under the Investment Company Act of 1940 1—A common tract fund as defined in section 504(a) J—A bank as defined In confirm 5B1 K—A broker L—A trust exempt from tax under section 664 or described In section 4947(a)(1) M—A tax exempt trust under a section 403(6) plan or section 457(g) plan Note. You may wish to consult with the financial Institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Lines Enter your address (number, street, and apartment or suite re amner). This la where the requester of this Form W-9 will mall 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 a resident alien and you do not have and are net eIlgIb[a to get an SS N, your TIN Is your IRS Individual taxpayer identlffcation number (]TIN). Enter It In the social security number box. If you do not have an ITIN, see How to get a TIN below, If yam are a sole proprietor and you have an EIN, you may enter either your SIGN or EIN. 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 Untried Llablflfy, Company (LLC) on this page), enter the owner's SSN (or EIN, If the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified ea a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 forfurther clarification of name and TIN combinations. How to get a TIN. If you do not have aTIN, apply for one Immediately. To apply far an SSW, get Fan SS -5, Application for a Social Security Card, from your [Deal SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-600-772-1213. Use Form W-7, Application for IRS individual Taxpayer Identigcatlon Number, to apply for an ]TIN, or Form SS -4, Application for Employer Identification Number, IS apply far an FIN. You can apply far an FIN onllne by accessing the IRS womins at www.ifs.gowbusinasses and clicking on Employer IdentfHeatlon Number (EN) under Starling 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 (1-800-8291 If you are asked to complete Form W-9 but do not have aTIN, apply for aTIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester, For Intemst and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to got a TIN and give It to the requester before you are subject to backup withholding on payments. Tha 60 -day rale class 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. Nate. Entering "Applied For" means that you have already applied for a TIN ol'that you intend to apply for one soon. Caution: A dlsregarded U.S. entity that has a foreign owner must use the appropnate Form W -B. 75R-49 Form W-9 (Raw. 12-2014) Page 4 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or 5 below Indicate Othelwise For a joint account, only Ilia parson whose TIN Is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must 91111. Exempt payees, see Exempt payee code earlier. Stimulate requfrements. Complete the cerllflcedon as Indicated In Items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and bra her accounts considered active durin9 1983. You must give Yonne correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts can.1dered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct T114 to the requester, you must cross out item 2 In the certification before signing the farm. 3. Real estate transactions. You must sign the cart]traitor. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the carthirailon unless you have been nolllied that you have previously given an In t.om.t TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (Including payments to corporations), payments to a nonampioy to 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 529), IRA, Covenant ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to elgn the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The Individual 2. Two or more individuals Uoint The actual owner of the account or, account) If combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Ggt to Minors Ant) 4. a. The usual revocable savings The grantor -trustee' trust (grantor Is also trustee) b. So-called trust account that Is The actual owner' not a legal or valid trust under state law 5. Sale proprietorship or disregarded The owner' Shifty owned by an individual 6. Grantor trust filing under Optional The grantor` Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) For9Js type of account: Give nameand SIR oA 7. Disregarded enilty nat owned by an The owner individual B. A valid trust, estate, or pension trust Legal anthy' 9. Corporation or LLG electing The corporation corporate status on Form 8832 or Form 2553 10, Association, club, reilgious, The organlzatlon charitable, educational, or other tax- exempt organlzallon 11. Partnership or rlultl-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 ogricuRurai program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form logo Filing Method 2 (see Regulations section 1.671-4(b)(2)m (Bl) List fist and circle the name of the person whose number you hurrah. if only one pomon on a Idea renogunt has an SBN, that person's number must be furnished e clrcbn the minor'. name and furnish the of...'s SSN. You must show your individual name and you may also enter your business or DBAnama on ilia °Buslness name/disregarded entity" namellne. You may use either your SSW at EIN Of you have anal, but the IRS encourages you to gas your SSW. ° Usf first and circle the more of the facet, estate, se pension heat. (Do not famish the TIN of the personal representative or trustee unless the legal entity itself Is not desl... led area account title.) Also see Specfal rules kfpartnemhips on page 2. 'Note. Grantoralao must provide a Form W-0 to tmates attract. Note. If no name Is circled when more than one name is listed, the number will be considered to be that of the fast name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a fob or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer Is protecting your SSN, and • Be careful when choosing atax insparer. If your tax records are affected by Identity theft and you resolve a noting from the IRS, respond right away to the name and phone number prin ted on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at net<due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-9084490 or submit Form 14039. For mora Information, see Publication 4535, Identity Theft Preventlon and Victim Assistance. Victims of Identity theftwho are experiencing economic harm or a system pmglem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS tolf-feea case intake line at 1-877-777-4778 or 7TY/7DD 1-B00-829-4059. Protect yourself from suspicious emalls or phishing schemes. Phlshing is the creation and use of small and websites designed to mimic legitimate business emalls and wehsites. The rlost comlrlon act Is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the carr Into surrendering private information that will be used for Identity theft. The IRS does net Initiate contacts with taxpayers via emalls. Also, the IRF, does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts, If you receive an unsolicited small claiming to bo from the IRS, forward this message to phlstWng@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at'1-881-965-4404. You can forward suspicious smalls to the Federal Trade Oommiseion at; spam@ucti or contact them at wwwftagowldthaG or i-1177-IDTHEFT(1-877-438-4338). Visit IRS.gov to Team more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persona (Including federal agencies) who are required to file Information returns with the IRS to report Interest, dividends, or certain other income paid to you; mortgage interest you paid; the acqulsition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or NSA. The person collecting this form uses the Information on the form to Gia Information returns with the IRS, reporting the above Information. Routine uses of this Information include giving it to the Department of Justice for civil and criminal litigation and to cities, stales, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The Information also may be disclosed to other countries under a treaty, to federal and stale agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whetter or not you are required to file atax Tatum. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. 75R-50 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2223 S. BRISTOL STREET (APN 015-194-28) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75R-51 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2223 S. Bristol Street (APN 015-194-28), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project"). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75R-52 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: , -fA � JobA M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75R-53 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75R-54 ( EXHIBIT q LEGAL DESCRIPTION Real property In the City of Santa Ana, County of Orange, State of California, described as follows; LOT 189 OF TRACT 1192, IN THF. CrrY OF SANTA ANA, COUNTY OF ORANGE, CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S)16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN; 015494-28 75R-55 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 � ( � , jn"1)' li�olo-)- o«}2 y 0� /\� ..Uoif o% Resolution No. a,7 -X q Page ea6 758.5§ _ ; 0 6! y�./. - I Resolution No. a,7 -X q Page ea6 758.5§ _ ;