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2002-232RESOLUTION NO. 2002R-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 2002-00081 to consider an amendment to the Zoning Map referred to in Title 18 of the Anaheim Municipal Code, and to consider a change in the boundaries of the zone or zones hereinafter mentioned and described and, at said hearing, did receive evidence and reports from persons interested therein and from its staff; and WHEREAS, within a period of forty (40) days following said hearing, the Planning Commission did duly adopt a resolution containing a report of its findings, a summary of the evidence presented at said hearing and approved the proposed amendment; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find and determine that the Zoning Map referred to in Title 18 of the Amaheim Municipal Code should be amended and that the property hereinafter described should be excluded from the zone or zones in which it is now situated and incorporated in the zone and zones as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City Council does hereby declare and indicate its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify the following described property, situated in the City of Anaheim, County of Orange, State of California, to-wit: 200 BEACH BOULEVARD PARCEL 1: THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CIT OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON MAP THEREOF RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE WHICH BEARS SOUTH 89' 31' 45 EAST FROM A POINT ON THE WEST LINE OF SAID SECTION WHICH IS NORTH 0' 12' 15" WEST 609.52 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION. EXCEPT THE WEST 55.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 290.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION IN FAVOR OF THE STATE OF CALIFORNIA, RECORDED NOVEMBER 8, 1999 AS INSTRUMENT NO. 19990777736, OFFICIAL RECORDS. PARCEL 2: THE SOUTH 290.00 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON MAP THEREOF RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 55.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 40.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 190.00 FEET OF THE WEST 205.00 FEET THEREOF, AS MEASURED FROM THE SECTION LINES. - 2 - ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION IN FAVOR OF THE STATE OF CALIFORNIA, RECORDED NOVEMBER 8, 1999 AS INSTRUMENT NO. 1999-77736, OFFICIAL RECORDS. 220 BEACH BOULEVARD PARCEL 1: THE NORTH 155.48 FEET OF THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF TE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, LYING SOUTHERLY OF A LINE WHICH BEARS SOUTH 89' 31' 45" EAST FROM A POINT ON THE WEST LINE OF SAID SECTION WHICH IS NORTH 0' 12' 15" WEST 765.00 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION. EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED MAY 28, 1941 IN BOOK 1093 PAGE 534 OFFICIAL RECORDS. PARCEL 2: AN EASEMENT DRIVEWAY PURPOSED TO BE USED IN COMMON WITH OTHERS OVER THE SOUTH 15 FEET OF THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, LYING NORTHERLY OF A LINE WHICH BEARS SOUTH 89' 31' 45" EAST FROM A POINT OF THE WEST LINE OF SAID SECTION WHICH IS NORTH 0' 12' 15" WEST 765.00 FEET FROM THE SOUTH WEST CORNER OF SAID SECTION. EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED MAY 28, 1941 IN BOOK 1093 PAGE 534, OFFICIAL RECORDS. 222 BEACH BOULEVARD PARCEL A: PARCEL 1: THAT PORTION OF THE WEST HALF OF - 3 - THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 0' 12' 15" WEST 765.00 FEET ALONG THE WEST LINE THEREOF; THENCE SOUTH 89' 31' 45" EAST 226.91 FEET TO THE WEST LINE OF THE EAST 105.00 FEET OF SAID WEST HALF OF THE WEST HALF AND THE TRUE POINT OF BEGINNING; THENCE NORTH 0' 11' 56"WEST 140.00 FEET ALONG SAID WEST LINE; THENCE NORTH 89' 31' 45" WEST 188.52 FEET TO A POINT ON A CURVE IN THE EAST LINE OF BEACH BOULEVARD, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 1093, PAGE 534 OF OFFICIAL RECORDS, SAID CURVE BEING CONCAVE WESTERLY HAVING A RADIUS OF 2582.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 83' 17' 42" EAST; THENCE SOUTHERLY 140.68 FEET ALONG SAID CURVE AND SAID EASTERLY LINE TO A POINT WHICH BEARS NORTH 89' 31' 45" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89' 31' 45" EAST 176.40 FEET TO SAID TRUE POINT OF BEGINNING. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND DRIVEWAY PURPOSES OVER AND ACROSS THAT PORTION OF THE WEST HALF OF THE WEST HALF OC THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF OPJtNGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 0' 12' 15" WEST 765.00 FEET ALONG THE WEST LINE THEREOF THENCE SOUTH 8' 31' 45" EAST 226.91 FEET TO THE WESTLINE OF THE EAST 105.00 FEET OF SAID WEST HALF OF THE WEST HALF AND THE TRUE POINT OF - 4 - BEGINNING; THENCE SOUTH 0'11' 56" EAST 15.00 FEET; THENCE NORTH 89' 31' 45" WEST 175.00 FEET TO A POINT ON A CURVE IN THE EASTERLY LINE OF BEACH BOULEVARD, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 1093, PAGE 534, OFFICIAL RECORDS, SAID CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS OF 2582.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 86' 45' 02 EAST; THENCE NORTHERLY 15.03 FEET ALONG SAID CURVE AND SAID EASTERLY LINE TO A POINT WHICH BEARS NORTH 89' 31' 45" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89'31'45" EAST 176.40 FEET TO SAID TRUE POINT OF BEGINNING. 300 BEACH BOULEVARD THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOW: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 0' 11' 30" EAST 358.36 FEET ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER; OF THE SOUTHWEST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89' 31' 00" EAST 331.78 FEET; THENCE SOUTH 0' 11' 11" EAST 80.01 FEET; THENCE NORTH 89' 31' 00" WEST 105.00 FEET; THENCE NORTH 0' 11; 11" WEST 15.01 FEET; TH4NCE NORTH 89' 31' 00" WEST 226.92 FEET TO THE WESTLINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID WESTLINE NORTH 0' 11' 30" WEST 65 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 28, 1941, IN BOOK 1093, PAGE 534, OFFICIAL RECORDS; TO BE KNOWN AS PARCEL "C" OF PARCEL MAP 80, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, - 5 - STATE OF CALIFORNIA. 308 & 314 BEACH BLVD. PARCEL 1: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL B, AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. RESERVING THEREFROM, A NON EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN RIGHT OF WAY, ON, OVER AND ACROSS THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL B, SOUTH 89' 31' 00" EAST 50.00 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID PARCEL B, NORTH 0' 11; 30 WEST 90.00 FEET TO THE NORTHERLY LINE OF SAID PARCEL B; THENCE, ALONG SAID NORTHERLY LINE, NORTH 89' 31' 00" WEST 25.00 FEET; THENCE SOUTH 0'11' 30" EAST 60.00 FEET; THENCE NORTH 89' 31' 00" WEST 25.00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE, SOUTH 0' 11' 30" EAST 30.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: A NON-EXCLUSIVE EASEMENT, TO BE USED IN COMMON WITH OTHERS FOR INGRESS AND EGRESS TO AND FROM THE HEREINABOVE DESCRIBED PARCEL 1, ON, OVER AND ACROSS THAT PORTION OF PARCEL D AS SHOWN ON A MAP FILED IN BOOK 34, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID - 6 - PARCEL D; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 0' 11' 11" WEST 70.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL D; THENCE, ALONG THE NORTHERLY LINE THEREOF, NORTH 89' 31' 00" WEST 39.42 FEET; THENCE SOUTH 0' 29' 00" WEST 70.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL D, DISTANT THEREON 40.24 FEET FROM THE POINT OF BEGINNING; THENCE, ALONG SAID SOUTHERLY LINE, SOUTH 89' 31' 00" EAST 40.24 FEET TO THE POINT OF BEGINNING. PARCEL 3: A NON-EXCLUSIVE EASEMENT, TO BE USED IN COMMON WITH OTHERS, FOR INGRESS AND EGRESS TO AND FROM THE HEREINABOVE DESCRIBED PARCEL 1, IN, OVER AND ACROSS THAT PORTION OF PARCEL C AS SHOWN ON A MAP FILED IN BOOK 13, PAGE 37 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL C; THENCE ALONG THE NORTHERLY LINE THEREOF, NORTH 89' 31' 00" WEST 40.24 FEET; THENCE SOUTH 0' 29' 00" WEST 40.00 FEET; THENCE, PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL C, NORTH 89' 31' 00" WEST 255.75 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, (BEING A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2582.00 FEET), AN ARC DISTANCE OF 25.21 FEET TO THE SOUTHWEST CORNER OF PARCEL C: THENCE, ALONG THE SOUTHERLY LINE THEREOF, SOUTH 89' 31' 00" EAST 165.52 FEET TO AN ANGLE POINT IN THE BOUNDARY OF PARCEL C; THENCE, CONTINUING ALONG SAID BOUNDARY, SOUTH 0 11' 11' EAST 15.01 FEET TO AN ANGLE POINT THEREON, THENCE, CONTINUING ALONG SAID BOUNDARY, SOUTH 89' 31' 00" EAST 105 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL C: THENCE, ALONG THE EASTERLY LINE THEREOF, NORTH 0' 11' 11" WEST 80.01 FEET TO THE POINT OF BEGINNING. - 7 - PARCEL 4: A NON-EXCLUSIVE EASEMENT, TO BE USED IN COMMON WITH OTHERS, FOR INGRESS AND EGRESS TO AND FROM THE HEREINABOVE DESCRIBED PARCEL 1, ON, OVER AND ACROSS THAT PORTION OF PARCEL A AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL A: THENCE, ALONG THE NORTHERLY LINE THEREOF, NORTH 89' 41' 20" EAST 50 FEET: THENCE, PARALLEL WITH THE WESTERLY LINE OF SAID PARCELS A AND B, SOUTH 0 11' 30" EAST 102.23 FEET TO THE SOUTHERLY LINE OF SAID PARCEL A; THENCE, ALONG SAID SOUTHERLY LINE, NORTH 89' 31' 00" WEST 25.00 FEET; THENCE NORTH 0' 11' 30" WEST 63.89 FEET; THENCE SOUTH 89' 41' 20" WEST 25.00 FEET TO THE WESTERLY LINE OF SAID PARCEL A; THENCE, ALONE SAID WESTERLY LINE NORTH 0' 11' 30" WEST 38 FET TO THE POINT OF BEGINNING. PARCEL 5: AN EXCLUSIVE EASEMENT FOR AUTO PARKING, AND THE VEHICULAR AND PEDESTRIAN USES INCIDENTAL THERETO, ON, OVER AND ACROSS THAT PORTION OF PARCEL A AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL A; THENCE, ALONG THE EASTERLY LINE OF SAID PARCEL A, NORTH 0' 11' 11" WEST 37.50 FEET; THENCE NORTH 89'31' 00" WEST 46.00 FEET~ TM£NC£ EOUTM 0' 11' 11" £A~T 37.50 FEET TO THE SOUTHERLY LINE OF SAID PARCEL A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89' 31' 0" EAST 46.00 FEET TO THE POINT OF BEGINNING. 320 BEACH BOULEVARD PARCEL A, IN THE CITY OF ANAHEIM, COUNTY OF - 8 - ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 2951-2961 LINCOLN AVENUE LOTS 2 TO 17 INCLUSIVE OF TRACT NO. 11830, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A M_AP RECORDED IN BOOK 540, PAGES 14, 15, 16 AND 17 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. BRACAMONTE PROPERTY THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THE EAST 165 FEET OF THE WEST 495 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12 BEING DESCRIBED AS COMMENCING AT A POINT IN THE SOUTH LINE OF SAID SECTION, NORTH 89'41' EAST 662.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0' 13' WEST 1328.09 FEET TO A POINT, THENCE NORTH 89' 41' 10" EAST 663.44 FEET TO A POINT; THENCE, SOUTH 0' 14' 45" EAST 1328.00 FEET TO A POINT; THENCE SOUTH 89' 41' WEST 662.75 FEET TO THE PLACE OF BEGINNING. THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGEll WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE SOUTHLINE OF SAID SECTION, NORTH 89' 41' EAST 662.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0' - 9 - 13' EAST 1328.09 FEET TO A POINT; THENCE NORTH 89' 41' 10" EAST 663.44 FEET TO A POINT; THENCE SOUTH 0' 14' 45" EAST 1328.05 FEET TO A POINT; THENCE SOUTH 89' 41' WEST 662.75 FEET TO THE PLACE OF BEGINNING. EXCEPT THE WEST 495.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THE NORTH 50 FEET OF THE SOUTH 155 FEET OF THE EAST 29 FEET. ALSO EXCEPTING THEREFROM THE SOUTH 40 FEET. PARCEL 3: THE NORTH 726.00 FEET OF THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS COMMENCING AT A POINT IN THE SOUTH LINE OF SAID SECTION, NORTH 89' 41' EAST 652.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0'13' WEST 1328.09 FEET TO A POINT; THENCE NORTH 89' 41' 10" EAST 663.44 FEET TO A POINT; THENCE SOUTH 0' 14' 45" EAST 1328.05 FEET TO A POINT, THENCE SOUTH 89' 41' WEST 662.75 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THE WEST 495 FEET. PARCEL AN UNDIVIDED ~ INTEREST IN THE NORTH 50 FEET OF THE SOUTH 155 FEET OF THE EAST 28 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH A LIKE INTEREST IN THE WATER WELLS, PUMPING PLANT AND EQUIPMENT SITUATED THEREON. ALSO EXCEPTING ALL SUBSURFACE WATER RIGHTS, AS DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT; and, - 10 - into the "CL" COMMERCIAL LIMITED ZONE of the City of Anaheim, subject to the following conditions: 1. That an unsubordinated restricted covenant providing reciprocal access and parking, approved by the City Traffic and Transportation Manager and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division. In addition, provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 2. That the owner/developer of the property shall negotiate and execute a Disposition and Development Agreement ("DDA") with the City of Anaheim Redevelopment Agency. Said agreement shall be recorded in the Office of the Orange County Recorder. 3. That approval of this Reclassification No. 2002-00081 is granted subject to the approval of General Plan Amendment No. 2002-00405. 4. That prior to introduction of an ordinance rezoning the subject property, Condition No. 1, above-mentioned, shall be complied with. 5. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of - 11 - competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any said rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the City Council at is sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5TM day of November, 2002. ATTEST: C{TY CLERK OF ~HE CITY OF ANAHEIM 47315.1 - 12 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-232 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of November, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait ABSENT: MAYOR/COUNCIL MEMBERS: None /CITY C-LER~ OF TI--~E CITY OF ANAHEIM (SEAL)