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5690ORDINANCE NO. 5690 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i)APPROVING DEVELOPMENT AGREEMENT NO. 99-01 BY AND BETWEEN THE CITY OF ANAHEIM AND POINTE ANAHEIM LLC, (ii) MAKING CERTAIN FINDING RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 of the Government Code of the State of California (hereinafter "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, pursuant to Section 65865 of the Statute, the City heretofore enacted Resolution No. 82R-565 (hereinafter "Procedures Resolution") establishing procedures and requirements for the consideration of development agreements upon receipt of an application; and WHEREAS, pursuant to Section 65864, et seq. of the Statute, Pointe*Anaheim LLC has heretofore submitted an application to the City for approval of Development Agreement No. 99-01 (hereinafter the "Development Agreement") to vest certain project entitlements and further address the implementation of the Pointe*Anaheim project; and WHEREAS, the Pointe*Anaheim project encompasses an irregularly-shaped area within the Anaheim Resort area, consisting of ten parcels totaling approximately 29.1 acres with frontages of approximately 585 feet on the east side of Harbor Boulevard, 1,483 feet on the south side of Freedman Way (future Disney Way), 887 feet on the west side of Clementine Street (future Freedman Way) and 726 feet on the north side of Katella Avenue, as more specifically described in Attachment No. 1 hereto, which is incorporated herein by this reference; and WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council for the City of Anaheim heretofore adopted Ordinance No. 5377 amending the zoning map to reclassify certain real property described therein into The Disneyland Resort Specific Plan No. 92-1 Zone subject to certain conditions as specified therein, and Ordinance No. 5378 relating to establishment of Zoning and Development Standards for Specific Plan No. 92-1 by the addition of Chapter 18.78 to said Code, as said Ordinance have been amended from time to time; and WHEREAS, the Development Agreement pertains to certain properties within The Disneyland Resort Specific Plan No. 92-1 Area as more particularly described in Exhibit A of the Development Agreement, a copy of which is attached hereto as Attachment No. 2 and incorporated herein; and WHEREAS, on May 19, 1999 the Planning Commission opened a public hearing upon the Development Agreement, notice of which hearing was given in the manner required by law, and continued and held such public hearing on June 7, 1999; and WHEREAS, the Planning Commission, by its Resolution No. PC99-96, which is incorporated herein by this reference, made certain findings that the applicant has demonstrated eligibility to enter into Development Agreement No. 99-01 and that the Agreement meets the criteria set forth in the Procedures Resolution No. 82R-565. WHEREAS, the City Council did hold a public hearing upon the Development Agreement, notice of which hearing was given in the manner required by law; and WHEREAS, a copy of the Development Agreement has been provided to the City Council and is available in the City Clerk's Office, and is incorporated herein by this reference; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council, by its Resolution No.99R-133 adopted the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 004, including the associated Errata for the Pointe*Anaheim project, and determined their adequacy to serve as the required environmental documentation for the proposed project actions, including General Plan Amendment No. 359, Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 (including amendments to the Zoning and Development Standards, the Design Plan and Guidelines and the Public Facilities Plan), Conditional Use Permit No. 4078 with Waiver of Code Requirement, Amendment to the Anaheim Resort Public Realm Landscape Program and Development Agreement No. 99-01, based upon a finding by the City Council that the declaration reflects the independent judgment of the lead agency; that it has considered the proposed MND and Mitigation Monitoring Plan No. 004 together with any comments and responses received during the public review process; and, further finding on the basis of the Initial Study that there is no substantial evidence, with the imposition of the mitigation measures 2 identified in Mitigation Monitoring Plan No. 004, that the project will have a significant effect on the environment; and WHEREAS, the applicant has demonstrated that it meets the eligibility requirements of Section 1.3 of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Pointe*Anaheim project will result in the construction of up to 565,000 gross square feet of retail/dining/entertainment uses; two to three hotels comprising 1,050 hotel rooms/suites with approximately 86,985 gross square feet of related accessory uses (the hotel rooms/accessory uses would encompass a maximum of 923,800 gross square feet) and an approximate 141,200 gross square foot area on the top floor of the parking structure to be used to provide parking and/or hotel amenities serving guests and patrons of the Pointe*Anaheim hotels only; up to three theaters with a total of 4,600 seats for live performances or, alternatively, a 24 -screen movie theater with 4,757 seats; and, a 1,600,000 gross square foot parking structure with 4,800 striped parking spaces and 25 bus spaces with provision to park an additional 400 vehicles, which would bring the total number of vehicles that can be accommodated in the garage to 5,200 cars, and including a 21,600 gross square foot bus terminal/facility for airport transport and to/from sightseeing venues; and WHEREAS, the City Council of the City of Anaheim, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all evidence and reports offered at said hearing, including the evidence presented at the Planning Commission meeting and Planning Commission Resolution No. PC99-96, does find upon review of the land use aspects of the Development Agreement that: 1. The Development Agreement is consistent with the General Plan of the City of Anaheim, as amended by General Plan Amendment No. No. 359 and The Disneyland Resort Specific Plan No. 92-1, as amended by Amendment No. 4. 2. The Development Agreement is compatible with the uses authorized in and the regulations prescribed for The Disneyland Resort Specific Plan No. 92-1, as amended by Amendment No. 4. 3. The Development Agreement is compatible with the orderly development of property in the Anaheim Resort area surrounding The Disneyland Resort Specific Plan No. 92-1. 3 4. The Development Agreement is not otherwise detrimental to the health, safety and general welfare of the citizens of Anaheim. 5. The Development Agreement will have an overall positive effect on the health, safety and welfare of the residents of and visitors to the City. 6. The Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 7. The Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: SECTION 1 That Development Agreement No. 99-01 be, and the same is hereby, approved. SECTION 2 That the Mayor be, and is hereby, authorized to execute said Development Agreement for and on behalf of the City. THE FOREGOING Ordinance is approved and adopted by the City Council of the City of Anaheim this 13th day of July 1999. MAYOR OF THE CITY OF NAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 31311.1 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5690 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of July 1999, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 13th day of July, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS ABSENT: MAYOR/COUNCIL MEMBERS Feldhaus, Kring, Tait, McCracken, Daly None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5690 on the 13th day of July, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of July, 1999. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5690 and was published once in the North County News on the 22nd day of July, 1999. CITY CLERK OF THE CITY OF ANAHEIM ATTACHMENT NO. 1 LEGAL DESCRIPTION Pyrovest Parcels: PARCEL 1: THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT A POINT SOUTH 00 13' 22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 00 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 890 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 00 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 890 54' 38" EAST 38.66 FEET; THENCE NORTH 00 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 890 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL 2: BEGINNING AT A POINT SOUTH 00 13' 22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 00 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 890 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 00 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 890 54' 38" EAST 38.66 FEET; THENCE NORTH 00 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 890 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 1 FEET; THENCE WESTERLY AND A CENTRAL ANGLE OF 900 07' TRUE POINT OF BEGINNING OF Melodyland Parcels: PARCEL A SOUTHERLY ALONG SAID CURVE THROUGH 52" A LENGTH OF 23.60 FEET TO THE THIS DESCRIPTION. THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 720.00 FEET. ALSO EXCEPT THE NORTH 60.00 FEET. PARCEL B THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY REORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1979 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST 486.49 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 453, OF OFFICIAL RECORDS; THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUCE POINT OF BEGINNING. EXCEPT THE WEST 292.00 FEET THEREOF. 2 ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF. Hasenyager Parcel: LOT 3 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Zaby's Parcel: LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION ANAHEIM BY DEED RECORDED JULY 0359942, OFFICIAL RECORDS. Berger Parcel: CONVEYED TO THE CITY OF 30, 1997 AS INSTRUMENT NO. 97 - LOTS 4 AND 5 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Rist Parcel: PARCEL 1: THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER - OF SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF 3 LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING; EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET WIDE. Parcel 2 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED WITHIN KATELLA AVENUE, 120.00 FEET WIDE. ALSO EXCEPT THEREFROM THE NORTH 315 FEET. ALSO EXCEPT THEREFROM THE WEST 292 FEET. City Parcel: THE NORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON 4 A PARCEL MAP FILED IN BOOK 55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Ursini Parcel: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 16' 30", EAST 675.11 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS; THENCE NORTH 00 16' 30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE EAST 150.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 16' 30" EAST, 360.00 FEET PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO THE SOUTHERLY LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FINAL ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE NO. 782833 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO. 19980071981 OF OFFICIAL RECORDS. DH/LEGAL.DOC 31367.1 67 EXHIBIT "A" PROPERTY DESCRIPTION Melodyland Parcels: PARCEL A THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 720.00 FEET. ALSO EXCEPT THE NORTH 60.00 FEET. PARCEL B THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WET LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 16'30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1979 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST 486.49 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 453, OF OFFICIAL RECORDS; THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUCE POINT OF BEGINNING. EXCEPT THE WEST 292.00 FEET THEREOF. ATTACHMENT N0. 2 =991690009 06/18/99 230427-0001 ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF. Hasenyager Parcel: LOT 3 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Zaby's Parcel: LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE 'OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED JULY 30, 1997 AS INSTRUMENT NO. 97-0359942, OFFICIAL RECORDS. Berger Parcel: LOTS 4 AND 5 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Rist Parcel: PARCEL 1: THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G. JEWELL, RECORDED OCTOBER• 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 'QUARTER, 486.49 FEET TO THE 2 - OC1991690009 06/18/99 230427-0001 SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET WIDE. Parcel 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 466.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED WITHIN KATELLA AVENUE, 120.00 FEET WIDE. ALSO EXCEPT THEREFROM THE NORTH 315 FEET. ALSO EXCEPT THEREFROM THE WEST 292 FEET. Ursini Parcel: THAT PORTION OF THE SOUTHEAST QUARTER SOUTH, RANGE 10 WEST, IN THE CITY OF 3 - OC1991690009 06/18/99 230427-0001 OF SECTION 22, TOWNSHIP 4 ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30" EAST 675.11 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE NORTH 0° 16' 30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE EAST 150.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 16' 30" EAST, 360.00 FEET PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO THE SOUTHERLY LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT PORTION DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE NO. 782833 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO. 19980071981 OF OFFICIAL RECORDS. 4 - oc\991690009 06/18/99 230427-0001 PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ss. County of Orange, ) am a citizen of the United States and a resident of the County aforesaid; I am over the age of twenty one years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: July 22, 1999 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct".- Date orrect": Date _ July 22 , 19 99 J; Signature Anaheim Bulletin 1771 S. Lewis St. Anaheim, CA 92805 (714) 634-1567 This space is for the County Clerk's Filing Stamp r Proof of Publication of AYES: w. X&4. b64Cr Cken, tott, and DON NOES: None AYSTAM: None P►8fEt1T: None This orcfinance,dppfovsd OWplepMOF"refp, ment W. qq-m by an� m the- Anaheim and POWVte"AfiO"M LLC. [� r bkif - cedin tlndlggr.felate�t *"000, e� cps "-ar b hmdf f fths e - it you MA4h a fullcopy Ofa fftl�OYtIo CNCIInarla6, e1sCMYYs Ctl� 01"" Cleft of An*M'n, 765-3446; � 8: a.m. Md 5�Q ,p.m. Mo►ocW ff b6 Q tild Thom Is no charae for the-Cdpy. Publish: Anaheim SuNeifi July 22. 1999 7FUSM700 25-1035 PROOF OF PUBLICATION