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RES-2024-024RESOLUTION NO.2 0 2 4- 0 2 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A PERFORMANCE TIME SCHEDULE FOR THE COMMENCEMENT AND CONSTRUCTION OF HOTEL 2 AS SET FORTH IN THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 BETWEEN THE CITY OF ANAHEIM AND GARDENWALK HOTEL I, LLC AND DETERMINE THAT THE PREVIOUSLY APPROVED POINTE ANAHEIM INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (IS/MND), AND ASSOCIATED ADDENDA, ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (herein referred to as the "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, on November 23, 1982, the City Council of the City of Anaheim (herein referred to as the "City Council") enacted Ordinance No. 4377 (the "Enabling Ordinance"), and pursuant to subdivision (c) of Section 65865 of the Statute, adopted Resolution No. 82R-565 (herein referred to as the "Procedures Resolution"), establishing procedures and requirements for consideration of development agreements upon receipt of an application by the City; and WHEREAS, in accordance with the statute, the Enabling Ordinance and the Procedures Resolution (herein referred to collectively as the "Development Agreement Law"), The City and Anaheim GW, LLC, a Delaware limited liability company, (the "Original Developer") entered into the Second Amended and Restated Development Agreement No. 99-01 dated as of April 11, 2006, and recorded in the Official Records of Orange County California on June 2, 2006, as Instrument No. 2006000373943 (the "Development Agreement") with respect to the real property described in the "Legal Description" which is attached as Exhibit A and incorporated by this reference; and WHEREAS, The Original Developer assigned the Development Agreement with respect to the Parking Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim GW II, LLC, a Delaware limited liability company ("Anaheim GW II") pursuant to the Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of January 31, 2007, and recorded in the Official Records of Orange County California on February 7, 2007, as Instrument No. 2007000092571; and WHEREAS, The Original Developer assigned, and GardenWalk Hotel I, LLC, a California limited liability company ("Developer") assumed, the Development Agreement with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of July 19, 2007 and recorded in the Official Records of Orange County California on July 19, 2007, as Instrument No. 2007000453402; and WHEREAS, the Development Agreement addresses, among other things, Developer's construction of the Project in phases and requires Developer to commence construction of the various Project Elements within certain time frames; and WHEREAS, in 2010, Developer requested that the City amend the Development Agreement (i) to redefine Hotel No. 1, Hotel No. 2 and Hotel No. 3 as one (1) Project Element consisting of two (2) Hotels ("Hotels 1 and 2") totaling, approximately eight hundred sixty-six (866) Hotel Rooms in the aggregate, and (ii) to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2011. Accordingly, the Development Agreement was amended by that certain Amendment No. 1 to Second Amended and Restated Development Agreement No. 99-01 dated as of March 1, 2010, and recorded in the Official Records of Orange County California on July 19, 2010, as Instrument No. 2010000341657 ("Amendment No. 1"); and WHEREAS, Developer thereafter requested that the City further amend the Development Agreement, to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2013. In Amendment No. 2 to the Second Amended and Restated Development Agreement No. 99-01 dated as of July 1, 2010 and recorded in the Official Records of Orange County on August 17, 2011, as Instrument No. 2011000406499 ("Amendment No. 2"), the City and Developer amended the Second Amended and Restated Development Agreement No. 99-01 to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2013 and Completion of Construction and Opening for Business (as defined in Amendment No. 2) to occur no later than 36 months after the Commencement of Construction of the Hotels; and WHEREAS, Developer thereafter requested that the City further amend the Development Agreement, and thereafter Amendment No. 4 to the Second Amended and Restated Development Agreement No. 99-01 dated as of June 4, 2013 was recorded in the Official Records of Orange County on June 10, 2013, as Instrument No. 2013000350713 ("Amendment No. 4"), to require that the Commencement of Construction of the Hotels occur on or before May 26, 2015, unless Developer elects to phase the construction of the Hotels, in which event, Developer was allowed to commence construction of the first Hotel on or before May 26, 2015, and to commence construction of the second hotel if at all, no later than November 26, 2019; and WHEREAS, as a result of litigation challenging the City's approval of agreements related to the financing of the Hotels the time to commence construction of second hotel (Hotel 2) was extended to November 11, 2022; and WHEREAS, the Development Agreement inclusive of Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5 thereto shall hereinafter be referred to as the "Development Agreement". Unless otherwise defined herein all capitalized terms shall have the meanings ascribed to such terms in the Development Agreement, as amended. Copies of the Development Agreement are available as a public record in the office of the City Clerk located at 200 South Anaheim Boulevard, Anaheim, California; and -2- WHEREAS, Developer commenced and completed construction of Hotel 1 consistent with the Development Agreement; and WHEREAS, in April 2020, Developer advised the City that commencement of construction of Hotel 2 was delayed by the pandemic and resulting government orders; and WHEREAS, as part of its 2021 annual review, the City Council extended the performance timeline for the commencement of construction of Hotel 2 by one year to November 11, 2023; and WHEREAS, the construction commencement date for Hotel 2 set forth in the Development Agreement has now passed and Developer has requested that the City Council extend the date of commencement of construction of Hotel 2 to November 12, 2025 and extend the completion of construction of Hotel 2 date to May 12, 2028; and WHEREAS, on December 5, 2023, the City Council determined that Developer was not in compliance with the terms and conditions of the Development Agreement for the 2023 review period and in accordance with the process set forth in Section 7 of the Procedures Resolution directed staff to notify Developer of its intent to establish new development timeframes for Hotel 2 as an alternative to modification or termination of the Development Agreement; and WHEREAS, pursuant to the Procedures Resolution, compliance with the performance schedule established by City Council as an alternative to modification or termination of the Development Agreement shall be subject to periodic review in the manner set forth in Sections 6 and 7 of the Procedures Resolution and lack of good faith compliance therewith shall be a basis for termination or modification of the Development Agreement; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resource Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this resolution; and WHEREAS, the City Council finds and determines that the previously approved Point Anaheim Initial Study and Mitigated Negative Declaration (IS/MND), and associated Addenda, are the appropriate environmental documentation for this request because since the adoption of the Pointe Anaheim IS/MND and associated Addenda, neither the Project nor the circumstances under which it will be undertaken have changed. Additionally, there is no new information of substantial importance that the City, as Lead Agency, did not know and could not have known previously. The establishment of new performance timelines will not increase the unit count, or otherwise increase the intensity of the project. Therefore, additional environmental review is not required pursuant to CEQA Guidelines Section 15162. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council, does hereby establish the following performance timelines for Hotel 2: -3- 1. Developer shall commence construction of Hotel 2 on or before November 12, 2025. 2. Developer shall complete construction of Hotel 2 no later than May 12, 2028. NOW THEREFORE BE IT FURTHER RESOLVED that except has expressly provided to the contrary herein, all provisions of the Development Agreement remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26 day of March , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY CLERK OFVrHE CITY OF ANAHEIM 151416.6 CITY& ANAHEIM By L" Lj�� MAYOR OF CITY OF ANAHEIM 7 me Exhibit "A" Legal Desc id'Ptlon A.P.N.: 082-551-07 Real property in the City of Orange, County of Orange, State of Califomfa, described as follovus: PARCEL A: PARCEL 7 OF PARCEL MAP NO. 2D02-205, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF FILED IN BOOK 349, PAGES 43 TO 50 INCLUSIVE OF PARCEL MAPS IN THE {OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS AMENDED BY CERTIFICATE OF CORRECTION, RECORDED APRIL 12, 2007 AS INSTRUMENT NO. 20070DO236251 OF OFFICIAL. RECORDS. PARCEL B. NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS., STRUCTURAL SUPPORT, COMMON WALLS, CEILINGS AND FLOORS, UTILITIES, ENCROACHMENTS AND INCIDENTAL. PURPOSES, ALL AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN " .ANAHEIM GARDENWALK CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT" RECOORDED JULY 06, 2DO6 AS INSTRUMENT NO, 2006000452379 OF OFFICIAL RECORDS. PARCEL C: AN EXCLUSIVE EASEMENT FOR AIRSPACE AND INCIDENTAL PURPOSES AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN "GRANT OF EASEMENT AND AGREEMENT (LOBBY AND RACK OF HOUSE)" RECORDED MARCH 06, 200+8 AS INSTRUMENT NO. 2OD5000105435 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS, THOSE PORTION OF PARCEL 4 OF PARCEL MAP NO, 2002-205 IN THE CITY OF ANAH:EIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 349, PAGES 43 THROUGH 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL Al: COMMENCING AT THE NORTHERLY TERMINUS OF THAT CERTAI14 COURSE SHOWN AS BEING "FORTH 1011 38' 13" EAST 302,50 FEET£' I14 THE EASTERLY LINE OF PARCEL 6 (LEVEL 1) 014 SAID PARCEL MAP NO. 2002-205; THENCE ALONG SAID EASTERLY LINE SOUTH 000 38' 13" VEST 87.38 FEET; T14ENCE AT RIGHT ANGLES TO SAID EASTERLY LINE SOUTH 89° 21G 47 EAST 3.52 FEET TO A POINT 1N A LINE PARALLEL WITH SAID EASTERLY LINE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH DOD 38' 13" EAST $5.97 FEET; THENCE SOUTH 890 21' 47" EST 0..40 FEET; THENCE NORTH 000 38" 13" EAST 18.82 FEET,; THENCE NORTH 551, 11" 00" EAST 2.13 FEET; THENCE SOUTH 89" 21' 47" EAST 43.01 FEET; THENCE SDUTH 00- 36' 13` WEST 31.22 FEET; THENCE SOLrrH 890 21' 47" .EAST 23.74 FEET; THENCE SOUTH 00- 38' 13" WEST 44.18 FEET; THENCE NORTH 890 21' 47 WEST 26,66 FEET; THENCE SO JTH 000 38' 13" WEST 16,91 FEET; Ti EWCE SOUTH 721 38' 13" -5- WEST 44.40 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C(AI) I5 AN AIRSPACE EASEMENT WITH AN UPPER ELEVATION LIMIT OF 147.50 FEET. THERE IS NO LOWER ELEVATIONLIMIT. PARCEL Bl: COMMENCING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 00" 38' 13" EAST 382.50 FEET" IN THE EASTERLY LINE OF PARCEL 6 (LEVEL 1) ON SAID PARCEL MAP ISO" 2002-205; THENCE ALONG SAID EASTERLY LIME SOUTH 000 38' 13" WEST 96.13 FEET; THENCE AT RIGHT ANGLES TO SAID EASTERLY LINE SOUTH 890 21' 47" EAST 103.91 FEET TO A POINT IN A LINE PARALLEL WITH SAID EASTERLY LINE A14D THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 00" 38" 13" EAST 35.21 FEET; THENCE SOUTH 89°,11' 47" EAST 37.00 FEET; THENCE SOUTH OD° 38' 13"'WEST 7.90 FEET, THENCE SOUTH 89- 21' 47" EAST 32.67 FEET; THENCE SOUTH 00* 38' 13" WEST 4.68 FEET; THENCE SOUT14 720 3V 13" WEST 73.25 FEET; TO THE TRUE POINT OF BEGINNING. PARCEL C(B1) IS AN AIRSPACE EASEMENT WITH AN UPPER ELEVATION LIMIT OF 147.50 FEET. THERE IS NO LOWER ELEVATION LIMIT. THE ELEVATION LIMIT FOR PARCELS C(Al) AND C(Bl) ARE BASED ON CITY Of ANAH.EIM BENCH MARK NO. 9A-16 HAVING AN ELEVATION OF 134.58 FEET (NGVD 1929) PER RECORDS ON FILE IN THE OFFICE OF THE CITY ;ENGINEER OF THE CITY OF ANAHEIM, PARCEL D: AN EXCLUSIVE EASEMENT FOR AIRSPACE AND INCIDENTAL PURPOSES AS MORE PARTICULARLY DESCRIBED IN A [DOCUMENT ENTITLED 'THE GRANT OF EASEMENT AND AGREEMENT (LOBBY &, BACK OF HOUSE)" RECORDED MARCH! 06, 2008 AS INSTRUMENT NO, 2008000105435 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF, PARCEL 6 OF PARCEL MAP NO, 2002-205, IN THE CITY OF ANAHEIM, COUNTY Or - ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDER IN BOOK 349, PAGES 43 THROUGH 50 OF PARCEL MA'S, AS SAID PARCEL MAPS, AS SAID PARCEL WAS MODIFIED BY A "CERTIFICATE OF CORRECTION" FOR SAID MAP RECORDED APRIL 12, 2007 AS INSTRUMENT NO. 2007000236251 OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 000 39' 39" EAST 585.52 FEET" IN THE 'WESTERLY LINE OF SAID PARCEL MAP NO. 2002-205; THENCE ALONG SAID WESTERLY LINE NORTH 000 39' 39" EAST 64.60 FEET; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE SOUTH 89" 20' 21 " EAST 13.93 FEETTO THE TRUE POINT OF BEGINNING; THENCE 'SOUTH 890 21' 47" EAST 43.7D FEET; THENCE SOUTH 00- 38' 13" WEST'O.50 FEET; THENCE SOUTH 890 2V 47" EAST 43.63 FEET; THENCE SOUTH 00® 38' 13" WEST 20.14 FEET, THENCE SOUTH 690 21' 47" EAST 25.39 FEET; THENCE SOUTH 000' 38' 13" WEST 33.44 FEET; THENCE NORTH 89° 21' 47" WEST 98.02 FEET; THENCE NORTH 000 38' 13" EAST 9.41 FEET; 'THENCE NORTH 89" 2V 47" WEST 14.69 FEET; THENCE NORTH 000 38" 13" EAST44.67 FEET -TO THE TRUE POINTOF BEGINNING. THIS IS AN AIRSPACE EASEMENT WITH AN UPPER ELEVATION LIMIT OF 200.00 FEET . THERE is NO LOWER ELEVATION I-IMFF. EXCEPTING THEREFROM ANY PORTION THEREOF ,LYING WITHIN PARCEL 7 A5 SHOWN ON SAID PARCEL MAP NO. 2002-205 AND AS MODDIFIED BY SAID INSTRUMENT 20070002.36251 OF OFFICIAL RECORDS. THE ELEVATION LIMIT (DESCRIBED IS BASED ON CITY OF ANAHEIM [TENCH MARK NO. 9A-16 HAVING IRS AN ELEVATIOPd OF 134.58 FEET (NGVD 1929) .PER RECORDS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF ,ANAHEIM. PARCEL E. AN EXCLUSIVE EASEMENT FOR .AIRSPACE AND INCIDENTAL PURPOSES AS M(-RE PARTICULARLY DESCRIBED IN THE DOCUMENT ENTITLED "THE GRANT OF EASEMENT AND AGREEMENT (LOBBY AND BACK OF HOUSE)" RECORDED MARCH 06, 2008 AS INSTRUMENT NO. 2008000105435 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORT1014 OF PARCEL 4 OF PARCEL MAP NO. 2002-205 IN THE CITY OF ANAHEIM, COLJm OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 349, PAGES 43 THROUGH 50 OF PARCEL BAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 890 21' 47" WEST 208.00 FEET" IN THE NORTHERLY LINE OF AIRSPACE PARCEL 7 ON SAID PARCEL MAP NO.2002-205; THENCE ALONG SAID NORTHERLY" LINE SOUTH 890 21' 47" EAST 1.45 FEET TO THE TRUE POIIJT OF BEGINNING, THENCE AT RIGHT ANGLES TO SAID NORTHERLY LINE NORTH 00a 38' 13" EAST 11.2.5 FEET, THENCE NORTH 45" 3T 13" EAST 3,54 FEET TO A LINE PARALLEL WITH AND 13.7S FEET NORTHERLY OF SAND NORTHERLY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 89" 21' 47" EAST 63.50 FEET; THENCE SOUTH DO.38' 13" WEST 15.00 FEET;: THENCE NORTH 89° 21' 47"` WEST 66.00 FEET; THENCE NORTH 00- 38, 13" EAST 1.25 FEES' TO THE TRUE POINT OF BEGINNING, THIS IS AN AIRSPACE EASEMENT WITH AN UPPER ELEVATION LIMIT OF 273.60 FEET. THERE IS NO LOWER ELEVATION LIMIT. EXCEPTING THEREFROM ANY PORTION THEREOF LYING WTrH:IN SAID AIRSPACE PARCEL 7. THE ELEVATION LIMIT DESCRIBER IS BASED ON CITY OF ANAHEIM. BENCH MARK NO.9A•1C HAVING AN ELEVATION OF 134.58 FEET (NCVD 1929) PER RECORDS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF ANAHEIM. -7- EXHIBIT "A" LEGAL. DESCRIPTION'S OF THE PROPERTY REAL PROPERTY IN THE CITY OF ANAHEIM[- COUNTY OF ORANGE, STATE OF C'.A.LIFORN'A DESCRIBER AS FOLLOWS: Melodyland Parcels: PARCEL A THE'4VEST 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 S'.AN JUAN CAJON' DE SANTA ANA- CITY OF ANAHEM C°OUNrI Y 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 NEST 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 SAL\ JUAN CAJON DE SANTA ANA, IN THE CITY OF ANTAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 51. PAGE 10 OF MISCELL4NEOUS 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; THENTC:E SOUTH 0" 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 LUCII LE G. JEWELL, RECORDED OCTOBER 5. 1979 INT 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. 19:58 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 NATST ALONG THE N70RTH LINEE OF SAID LAND OF REA TO THE TRUE POINT OF BEGIN1NZING. EXCEPT THE'%TST 292.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 360-00 FEET THEREOF. Hasenvager 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. Zabv's Parcel: LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEM COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED INT BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS N4APS, IN THE OFFICE OF THE COUNTY RE -CORDER OF SAID COUNTY_ EXCEPTTHEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEM BY DEED RECORDED JULY 30,1997 AS INSTRUMENT NO. 97 035,9942, OFFICIAL RECORDS. Berger Parcel: LOTS 4 AND 5 OF TRACT NO. 3330. IN THE CITY OF ANFAHEIK COUNTY OF ORANGE, STATE OF CALIFORNL8,1 AS PER MAP RECORDED 11,77 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 SANT JUANT 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 FOLLOW S: COMMENCING AT THE SOUTHIVEST CORNIER OF SAID SOUTHEAST QUARTER- THENCE NORTH 675.00 FEET ALONG THE '%kTST IJNE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL NkFITH THE RZ SOUTH LINT- OF SAID SOUTHEAST QUARTER TO THE TRUE POINTE OF BEGINNING; THENCE SOUTH �0' 1630" EAST 675-11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S.. JENVEL AND LUCILLE G. JEWELL. RECORDED OCTOBER 5,1959 INBOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE, EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER- 486.49 FEET TO THE SOUTHEAST CORNER OF L41\'D CONVEYED TO DON ALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543- OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINT OF SAID LAND CONATYED 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 VVEST 150 FEET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA. ANTNrLM 120 FEET WDE. 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 MARS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH TST CORNER OF SAID SOUTHEAST QUARTER- THENCE NORTH 675.00 FEET ALONG THE 'NEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL -V�TrH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNqNG: THENCE SOUTH,O' 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. JEIVELL, 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 CON'%=D TO DONALD F. REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543:, OFFICIAL RECORDS; THENCE N70RTH ALONG THE EAST LINE OF SAID I.A.ND CONATYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE'%TST ALONG THE NORTH LINE OF SAID LAND OF 'REA TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED NWrHIN KATELLA A'%TNTUE., 120.00 FEETVVIDE_ ALSO EXCEPT THEREFROM THE NORTH 315 FEET -10- ALSO EXCEPT THEREFROM THE RrEST 2.92 FEET. C rsini Parcel: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 VEST, IN THE CITY OF ANAHERA. COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP RECORDED IN' BOOK 51, PAGE 10 OF MISCELLANEOUS IMPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH % EST CORNER OF SAID SOUTIEAST QUARTER: THENCE NORTH 675.00 FEET ALONG THE VEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 933.51 FEET PARALLEL W TH 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. JE.VT1✓LL AND LUCILLE G. JE.VTELL„ RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS; THENCE NORTH 01, 16' 30" I�TbST, 360.00 FEET ALONG THE, EASTERLY LINE OF SAID LAND; THENCE EAST 150.00 FEET PARALLEL I= THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER; T'HENCE SOUTH 0- 16' 30" EAST, 360.00 FEET PARALLEL XATTH SAID EASTERLY LINE OF THE LAND CONVEYED TO JENAOELL TO THE SOUTHERLY LINE OF SAID SECTION; THENCE 1XIEST ALONG THE SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING SOURLY 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 FEBR.UARY 9, 1998 AS INSTRUMENT 1'r70_ 1.9980071981 OF OFFICIAL RECORDS. City- Parcel: THE NORTHERLY a80.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA- AS SHOWN ON" A PARCEL MAP FILED IN BOOK 55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Pyrovest Parcels:. PARCEL 1- -11- THE EAST 660.00 FEET OF THE 'WTST 720.00 FEET OF THE, NORTH 585.00 FEET OF THE SOUTH 1260 FEET OF THE SOTUAST QUARTER OF SECTIONT 22, TOWNSHIP 4 SOUTH- RANGE 10 ATEST, IN THE RANCHO SAI! JUAN' CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE., STATE OF CALIFORNIA, AS PER MAPRECORDED IN BOOK 51- PAGE 10 OF MII SCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THE FOLLO'4T4''I % DESCRIBED PROPERTY: BEGINNING AT A POINT SOUTH 00 13' 22" EAST 15.03 FEET FROM THE NIORTH' VEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEW120 FEET FIDE: THENCE SOUTH 00 13' 22^" EAST ALONG SAID EASTERLY LINT- 100.08 FEET: THENCE NORTH 89" 54" 30" EAST PARALLEL TO THE. NORTHERLY L[NE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 00 13" 22" %'EST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89" T 38" EAST 38.66 FEET; THENCE -NORTH 0" 13' 22"WEST 84.36 FEET TO A POINT ONT THE SOUTHERLY LINE OF FREEDMrWAY, 60-00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN STAY, SOUTH 890 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONGA 'VE SOUTHEASTERLY AND HAVNG 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 0" 13' 2" EAST 15.03 FEET FROM THE NORTH'VNEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET a VIDE; THENCE SOUTH 0" 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE. NORTH 890 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABON E DESCRIBED PARCEL 111-34 FEET: THEII LCE NORTH 0' 13' 2.2" INTEST, PARALLEL TO THE EASTERLY LINE. OF HARBOR BOULEVARD 30.75 FEET: THENCE NORTH 89' 54' 3 8 " EAST 38.66 FEET; THENCE NORTH 0' 13" 22" Xi TST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEEL` NVIDE: THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 890' 54' 30" NITEST 1.34.97 FEET TO THE BEGINNING OF A CURVE CONTC'AT%,`E SOUTHEASTERLY AND HA%,T %7 A RADIUS OF 1.5.00 FEET; THENCE IN ESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 07" 52" A LENGTH OF 2.3.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. -12- A PN : 082-551-01 082-551-02 082-551-03 082-551-04 082-55 1 -05 082-551-06 082-551-07 082-551-11 W 1 ISNEY WAY W RATELLA AVE LU z z W u 4A II Source: Recorded Trael Maps anftr City GtS. Please rote the actwacy is +F- two to fme feet. -13- CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2024-024 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 261 day of March. 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 27'h day of March, 2024. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)