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RES-2009-119RESOLUTION NO. 2009- 119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1855 -1925 SOUTH MANCHESTER AVENUE FOR THE PURPOSES OF THE GENE AUTRY WAY (WEST) /1 -5 HOV INTERCHANGE PROJECT. (R/W ACQ 2003- 00165). WHEREAS, the City of Anaheim has been investigating the acquisition of a portion of property located at 1855 -1925 South Manchester Avenue, for the purposes of making public roadway improvements pursuant to the circulation element of the General Plan of the City of Anaheim: and WHEREAS, on June 23, 2009, after no less than fifteen (15) days written notice to the owners of the Property referenced above, and more specifically described in the legal descriptions attached hereto as Exhibits 1 -21, which legal descriptions are incorporated herein by reference "Property the City Council of the City of Anaheim held a hearing for the purposes of allowing the record owners of such property reasonable opportunity to appear and be heard regarding the City's identification of the "Project" as the Gene Autry Way (West) /I -5 HOV Interchange Project (the "Project and on the following matters: A. Whether the public interest and necessity require 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; and D. Whether the offer required by Government Code 7267.2 had been given to the owners of record; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property including review under CEQA: and WHEREAS, the City Council, as a result of such hearing and after review of, and response to, comments received from the owner of the property, has determined that the public health, safety and welfare require that the City acquire the Property more particularly described herein for the purposes of the Project: and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures in compliance with the California Environmental Quality Act "CEQA including a negative declaration which was approved on May 1, 2001 and through the final Environmental Impact Report/Environmental Impact Statement (FEIR/EIS) prepared by the California Department of Transportation (CALTRANS) and Federal Highway Administration (FHWA), reviewed and certified on March 27. 1991 and March 29, 1991 for the Gene Autry Way (West) /I -5 HOV Interchange Project; and by a Finding of No Significant Impact made May 22, 2003 by FHWA. WHEREAS, the City of Anaheim is authorized to acquire the Property under authority of its own charter, and Government Code 37350.5 and 40404; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: SECTION I. The Project for which the property is being acquired is the Gene Autry Way (West) /I -5 HOV Interchange Project which consists of the widening and improving of Gene Autry Way. including installation of street landscaping and public utilities. The Location of the Project is depicted generally in the project precise alignment dated October 7, 1999 and presented to the City Council as part of the record of hearing in this matter, and draft construction drawings provided to the owner. SECTION II. The Property to be acquired is located within the City at 1855 -1925 South Manchester Avenue, (Assessor Parcel No. 137 321 -92). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: Fee Simple title to approximately 33,800 square feet of the Property, including access rights to approximately 400 lineal feet, as more specifically described in Exhibit 1 and depicted in Exhibit 2 attached hereto. As to the property encompassed in the resolution of necessity, the project includes conveyance to the owner operator of fee interest in an adjacent and contiguous parcel consisting of 27,200 square feet. A temporary construction easement for Parking Accommodation purposes over approximately 63,586 square feet of Property, more specifically described in Exhibits 3 through 15. attached hereto. The Temporary Construction Easement for Parking Accommodation purposes is a non exclusive easement that shall permit the City and its contractors to pass on, through, and over the areas of the Temporary Parking Accommodation Easement to construct interim and permanent parking facilities, structures, and improvements thereon, to effectuate an interim phased parking plan designed to alleviate impacts to the property from the acquisition of property described in this resolution, and from construction of the project generally, and will permit the owner and/or operator or the larger parcel of which it is a part, and its invitees, to utilize the temporary and permanent parking facilities, structures, and improvements placed thereon, so long as same does not unreasonable interfere with the City's implementation of its interim parking plan or construction of the Project, consistent with the phased parking impact remediation plan described below: Pre -Phase 1A Prior to any construction activity, the City will construct parking lot improvements (50 spaces) on a City -owned 27,200 SF site adjacent to the southeasterly corner of the hotel property. Phase 1 A Construction activity on the hotel property begins, and parking lot improvements will be constructed in the TCE area. This phase is expected to last two months. TCE Area: 11,875 SF; Term: 2 months. See Exhibits 3 5 attached hereto) Phase 1B Construction on some interim improvements and some ultimate parking lot improvements will occur. Parking for the hotel will consist of the spaces on the City -owned property and the existing hotel parking spaces within the fee acquisition area. This phase is expected to last four months. TCE Area: 25,242 SF; Term. 4 months. (See Exhibits t� 8 attached hereto) Phase 2 Construction activities include construction of the roadway, the retaining wall. and the bridge required for the Gene Autry Way extension. Parking for the hotel will consist of the interim parking spaces constructed in Phase 1 and Phase 1B, and allowed on Manchester Avenue. Valet parking will also be available in order to stack cars when needed. This phase is expected to last twenty four months. TCE Area: 5,255 SF; Term: 24 months. (See Exhibits 9 11 attached hereto) Phase 3A The ultimate parking lot improvements, with the exception of the four most easterly spaces adjacent to Gene Autry Way, will be constructed. Parking for the hotel will consist of on- street spaces on Manchester Avenue, spaces on the City -owned property, valet parking within the City lot, and the spaces created in Phase 1A. Phase 3B This is the final phase of construction. The ultimate parking lot improvements within the City property will be constructed along with the four most easterly spaces adjacent to Gene Autry Way. Parking for the hotel will consist of the spaces constructed during Phase 1A, new spaces within the City -owned property, on- street spaces on Manchester Avenue, and the new spaces constructed during Phase 3A. c Total Phase 3 TCE Area: 21.214 SF; Term: 2 months. (See Exhibits 12 15 attached hereto) Post Construction Upon completion of the project, the City -owned parcel (APN 137- 321 -33 and 34) will be deeded to the hotel ownership and become part of the hotel complex. The ultimate parking lot will have a total count of 383 spaces a net gain of four spaces from the before condition. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner of the commencement of construction of the project and shall continue in full force and effect until written notice to the owner of record that the temporary construction easement is no longer needed by the City, or thirty -two (32) months after notice of the initiation of the temporary construction easement. whichever is earlier. Upon termination of the temporary construction easement, the temporary construction easement area shall be restored to a condition that is as functionally equivalent as is practicable to its condition prior to the commencement of the work, consistent with the Project as designed and as to be constructed. C The Wall Easement, approximately 793 square feet, is a non exclusive, permanent easement on, over, and through the real property in the City of Anaheim, County of Orange. State of California described in Exhibit "16 and shown on Exhibit "17, which exhibits are attached hereto by reference made a part hereof and to bring necessary tools, equipment. and personnel thereon, for the erection, placement, construction, maintenance, repair, and operation on the described easement area a retaining wall, consistent with the approved construction plans for the Gene Autry Way (West) /I -5 HOV Interchange and Highway Project, and all other uses appurtenant thereto or place. maintain, or construct structures or landscaping improvements over the described easement. D The Subsurface Foundation and Utility Easement, approximately 5,255 square feet, is a permanent, non exclusive easement on, under, and through the real property in the City of Anaheim, County of Orange, State of California described in Exhibit "18" and shown on Exhibit "19" for the erection, placement, construction, maintenance. repair, and operation on the described easement area of subsurface footings to support a retaining wall, consistent with the approved construction plans for the Gene Autry Way (West) /1 -5 HOV Interchange and Highway Project. and all other uses appurtenant thereto. The Subsurface Footing Easement shall permit the holder thereof reasonable surface access to the subsurface area of the described easement area, to come upon such area and to bring such equipment thereon as may be reasonably necessary to construct, erect, place, or repair the wall footings thereon, upon reasonable notice except in case of emergency, and shall prohibit the holder of the servient tenement from the placement, erection or maintenance of structures including a utility easement for electrical purposes, over the described easement area, except that such area may be landscaped in areas unpaved by the Project, paved for the travel or parking of vehicles, or used for the storage or placement of moveable personal property, equipment or appurtenances. The Maintenance Access Easement, approximately 21,391 square feet, is a permanent, non exclusive easement on, over, and through the real property in the City of Anaheim, County of Orange, State of California described in Exhibit "20" and shown on Exhibit "21", which exhibits are attached hereto and by reference made a part hereof, to pass on. over and through the described easement area, and to bring necessary tools, equipment, and personnel thereon, for the purposes of inspecting, maintaining, operating, repairing, or replacing a retaining wall, consistent with the approved construction plans for the Gene Autry Way (West) /I- 5 HOV Interchange and Highway Project, and all other uses appurtenant thereto. The Maintenance Access Easement shall permit the holder thereof reasonable surface access to the described easement area, to come upon such area and to bring such equipment thereon as may be reasonably necessary to effectuate its purposes. upon reasonable notice except in case of emergency, and shall prohibit the holder of the servient tenement from the placement, erection or maintenance of structures over the described easement area, except that such area may be landscaped in areas unpaved by the Project, paved for the travel or parking of vehicles. or used for the storage or placement of moveable personal property, equipment or appurtenances. SECTION III. The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the improvement of Gene Autry Wa\ in the manner contemplated by the Project. The Project is designed to relieve regional traffic congestion and improve the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the streets. SECTION IV. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The property to be taken for the Project is necessitated and established by the street alignment in an effort to minimize any disproportionate burden or impact of the required property being taken from individual property owners, and the temporary construction easements acquired will allow the Project to be built without sacrificing existing building improvements on the remaining property, and by working to preserve interim and permanent relief from parking impacts that may be occasioned by the Project. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening, undergrounding of utilities, and upgrading parkway landscaping, along with drainage improvements. This will enhance the utility of the area and help improve traffic circul anon. SECTION V. The Property is necessary for the proposed Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. SECTION VI. The offer required by Government Code 7267.2 has been made to the record owners, by way of letter dated February 12, 2009. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. SECTION VII. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure 1240.510 and 1240.610. SECTION VIII. The Project has been reviewed and approved under applicable environmental review procedures in compliance with the California Environmental Quality Act ("CEQA"), including a negative declaration which was approved on May 1, 2001 and through the final Environmental Impact Report/Environmental Impact Statement (FEIR/EIS) prepared by the California Department of Transportation (CALTRANS) and Federal Highway Administration (FHWA), reviewed and certified on March 27, 1991 and March 29, 1991 for the Gene Autry Way (West) /I -5 HOV Interchange Project, and certified by the City on May 3, 1994, and by a Finding of No Significant Impact made May 22, 2003 by FHWA. The City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the EIR such that no further environmental review attending this proposed acquisition is necessary. SECTION IX. The law firm of Rutan Tucker, LLP, special counsel for the City of Anaheim. and the City Attorney are hereby authorized to prepare and prosecute in the name of the City. such special proceedings in the proper court having jurisdiction thereof, as are necessary for acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property.. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to. seeking orders for prejudgment possession of the property The City Attorney is authorized to assign any work in such action to other attorneys as the City Attorney may deem appropriate. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23' day of June, 2009 by the following roll -call vote: AYES: ATTEST: CITY CLERK OF THE CITY OF 72905 i /bmorley NOES: NONE ABSTAIN: NONE ABSENT: NONE Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NAHEIM CITY NAHEIM MA OR OF THE CI F A AHEIM Exh. #(s): Description 1 2 Legal description and depiction of property to be acquired in fee 3 Legal description and depiction of Temporary Parking Construction Easement Phase lA 6 8 Legal description and depiction of Temporary Parking Construction Easement Phase 1B 9 11 Legal description and depiction of Temporary Parking Construction Easement Phase 2 12 15 Legal description and depiction of Temporary Parking Construction Easement Phases 3A, and 3B 16 1 Legal description and depiction of Wall Easement 18 19 Legal description and depiction of Subsurface Foundation and Utility Easement 20 21 Legal description and depiction of Maintenance Access Easement Kev to Exhibits: All t37 321 (do w 74 1 0 1 LEGAL DESCRIPTION THE INTENT IS TO RAY GRANT, CONVEY AND OUTCLA0I ANY AN0 ALL INTEREST N T11R LAND OESCO as FOLLOWS ALL THAT PORTION QF FRACTIONAL SECTION 20. TOWNSHIP 4 SOUTH, RA110E 10 WEST, SAN 111111VADINO MERIDIAN AS MGM ON RECORD Of SURVEY NO 1x009.1 O15, S4 THE CITY OF AWPORA COUNTY OF ORANGE. STATE OF CALJPOINIA. AS PER NAP FESD IN Soar 100, PAGES 414 71104 A9 OF RECORDS OF SURVEY, RECORDS OF SAO COUNTY. 0ESGABED AS FOLLOWS: OOLSlNCNO AT THE NORTHWEST CONFER OF SAID SECTION 28. TOWISNP 4 SOUTH, RANGE 10 WEST, SAN SfJMA1DSq MEDIAN, SAD POINT ALSO 1E040 THE CENTERLINE 9IT1 CT10N OF ITATEUA AVENUE {12000 FEET WOE} MD NADIR STREET (7500 FEET WDE) NANCE SOUTH 0,5 EAST 111101 FEET ALONG SAD CENTER81E OF HASTIER STREET: DUDE LEAVING SAD ORSITHLSE NORTH MiTN'1F FAST 4500 FEET To 111E EASTERN MONT OF WAY OF SAD NATTER STREET AND THE alleaDMUILINIMM MINCE CONTINUING NORTH mew EAST 1920 P EET. THENCE SOUTH WOKS' EAST 1040 PELT; 11017E scum 9!'94'1. EAST 1219E FUT TO THE 0SMl10 Of A CLNNE CONCAVE SOUTHWESTERLY HWANG A RADIUS OF NUS FEET: DIODE SOUTHEASTERLY 21 40 FEET ALONG GAD CLINE miaow A CENTRAL MRGLE OF I8 477s'; 'MUM SOUTH 7S9r41' EAST •.97 FEET TO THE SEMILING OF A CURVE OONCANE NORT WASTERLY HAVDNG A RACER OF 10040 FEET: THENCE SOUTHEASTERLY 111.10 FEET ALONG SAD CLILVE TIMM A MITTS& ANGLE OF 12'VPOS'. 11MNtE SOUTH worsir EAST SID FILET TO THE 9OUTHMYESTERLY U.6E OF MIINCIESTER AVENUE, AS OESOR/® N THE DIED 70 THE STATE OF CALIFORNIA FLUID APRRL 9. 1151 AS DOCUMENT 262M N THE OFFICE OF THE REGISTRAR OF TIRES OF 5410 ORANGE COUNTY: THENCE /SANG END 80UIIWIES1 EIYY UNE SOUTH 31OSlr FAST 140.10 PET TO A ERIE MALLS. woo AND 10,0D FEET EOUfEREY OF THE ADM COURSE OESCIORD AS "SOUTH x'09'4r EAST N0 PEST`. THENCE ALONG SAD PARALLEL LINE NORTH NlE4T WF$T 20.67 FEET TO THE MSWNWO OF A ROME CONCAVE NORTHEASTERLY HAVING A OEMs OP 1410.0 FEET: 1141MICE LEAVING SAID PARALLEL LSE NORTHWESTERLY 711110 FEET ALONG SAID MITTS THRoU 014 A CENTRAL ANGLE OF 14 10 TIE IEOSSOIIO OF A REVERIE CURVE CONCAVE SOUTHOESTIFILY HANK A WORN OF 1NM1S FEET; THENCE N0RDENEST1MLY 131.72 FEET ALONG SAS CURVE THROWN A CORRAL, ANGLE OF 7'4$'34: T1$ICF NORTH MOW WEST MSS MET TO TIE lOSSONO OF A CRVE CONCAVE SOUTMNESTERLY MUMS A RA011T OF 110.10 FEET: TIERCE 60181)1.Y 540 REST ALONG SAO OERVE 714# RON A CENTRAL MOLE OF snow Tone NORTH LSE OF TEE SOUTH HALF OF THE NORT}NNEST QUARTER Of MD SECTION 21. TOWIOIU 1 SOUTH, RANGE ID MITT. SAN LIERINSON3 MERIDIAN: mime NONTANTGENT 41.060 0410 NORTH U E NORTH W084$ WEST 18.35 PEET: THENCE NORTH 1P4470' WEST 15037 FEET TO SAND WESTI9LY LS1E OF MASTER ANNUL NOCCE ALONG SAID WESTERLY LOE NORTH mows- WEST 11p IN FEET TO THE TRUE POINT OF LE00l4MG ALL ONTANCES SHOWN ARE GRID, 114LE4S ONWRW1$E NOTED TO OBTAIN GROUND DISTANCES ONDE GR}) DISTANCES BY 0 99996602 ALL AS GENERALLY SHOWN ON MST E ATTACHED HERETO AND MADE A PART HEREOF DATED 17113 25 OAT OF MAY. 2005 _V4 BWE1.VERA DEL CASTILLO. PL8 5100 REGISTRATION EXPIRES WORT M WOW/ LOl Yn WV Exhibit 1 Plat of the Part Taken 1 a a a. split k kliiiii;Eiiik saa Exhibit 2 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT PHASE 1A AP NO. 13742142 cow Vsneyns. M. Demi' 20. 2011 THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER Of SECTION 25, TOUWWHIP 4 SOUTH. RANGE 10 WEST. N THE RANCHO $NI JUAN DIJON OE SANTA ANA *4 1HE CITY OF ANAHEIM, COUNTY OF ORANGE. STATE OF CALIFORNIA, AB SHOWN ON A MAP RECORDED N 800K 61. PAGE 10 OF MISCELLANEOUS WPB, N THE OFFICE OF THE COUNTY RECORDER. AB MORE PARTICULARLY DEIOR UED AS PARCEL 1 OF LOT USE ADJUSTMENT 1N0. 464 RECORDED AUGUST 2, DEO AS MITRUMINT NO. 20000403718 OF OFFICIAL RECORDS 04 THE OFFICE OF SAID COIJTNTY RECORDER DISCRE D AS FOLLOWS: COMMENCING AT THE NORTHEAST 0053438 OF THE NORTH HALF OF TEE WEST HAIR OF THB SOUTHEAST QUARTER OF TIE NORTHWEST QUARTER OF SAD SECTION 20. AS SHOWN ON RECORD OF SURVEY NO. 2002 -1015, AB PER MAP RUED M BOOK 16D, PAW 44 THROUGH 48 OF RECORDS OF SURVEY, IN THE OFFICE OF SAID COUNTY RECORDER THENCE ALONG TIE NORTHERLY UNE OF THE SOUTH HALF OF THE NORTHWEST OWNER OF SAID SECTION 21 NORTH 86'0643' WERT 53E21 FEET TO THE SOUTHEASTERLY CORNER OF PARCEL 1 OF SAID LOT UNE ADJUSTMENT 140.45'; THENCE ALONG TH! SOUTHEASTERLY UNE OF SAM PARCEL 1 NCPTN E004'1T EAST 138.15 FEET TO THE TRUE POINT OF MIGPININS, BEING A PONT ON A NONT•IOBNT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1555A0 FEET, A RADIAL B EARING TO SAID CURVE SEARS SOUTH 08•21'29' YIEU; THENCE NORTHWESTERLY 75.32 FEET ALONG SAE) CURVE THROUGH A CENTRAL ANGLE OF 02'62'33 THENCE NONTANGENT NOR1N S704'ir EAST 22E22 FEET TO THE NORTHEASTERLY UNE OF 8MD PARCEL 1, ALSO BEING THE SOUTTIWISTERLY LINE OF MANCIEBTER AVENUE THENCE. ALONG SAD NORTTEAITBRLY UNE SOUTH 385/118' EMT 61.22 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHEASTERLY urn OF SAD PARCEL 1 SOUTH 50'04'12' WEST 178.83 FEET TO THE TAUS POJN7 OF BEG INNG. CONTAINN011,870 SQUARE FEET. MORE OR LESS. ALL OISTM CEIS SHOWN ARE GRID,114.E8$ OTHERWISE NOTED. TO OBTAIN GROUND OISTANCEE D1VDE Gm DISTANCES BY 0.90888802. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT S ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 7 DAY OF JANUARY. 2000. Er .mar QW EN- VEER OEL CASTI LO. FL A; 5108 REGISTRATION E9NPPE8 53023 R4 Y01417 Tt'E "YurtIA Exhibit 3 Phase lA Plat of Temporary Construction Easement APPROVED 8r:: BEARING 1 S50' 04' 12' Y 2 S30" 04' 12' V 3 N39 48' V 4 N50'04' 12' E 6 N89' 06' 43' V RADIUS DELTA LENGTH 5 1520. 40' or 52' 33' 16, 32' BASIS OF BEARt4CS: NAT tat of THE S 1/2, NN 1/4 SEC_ 26. 4 6.. R 10 W. BEING N69T)6'43'W PER R58 160/44 -46. COAST SURVEYING. INC. ,sail WNW I. E e 101110. u1 roltawr (,s •iI -Par V'Ere la L NAY UME S 1/2, NW 1/4 SEC. 26, 1 4 S., R. 10 W. DISTANCE 138. 16' 178, 89' 5a 22' 228. 22' 33a 22' PARCEL 1 LLA IY "SII. CU inv. qq �NO. 2000 O.R. 0 L) O DATE N 1 11 4'0 "E 'MMPorewr cowsnncncor £4St>r[>1r Pets( 1h AP 1.77-.171-9,7 RS NO. 2002 -1015 ISS'0x/4443 ALL DISTANC_s SNOW ANE CJt UNLESS OTMERWISE NOTED. 10 (Z$TA1N GROUND DISTANCES DOME GRID DISTANCES BT 0.99996102 LEGEND: in AREA DESCI11BED ;AREA 11,875 SF F.O.O. AE cos A 1/2,1.1/2. SE 1/4. MW 114 SEC. 26. T. 4 S R. 10 W. ELY UNE W 1/2. E NW 1/4 SEC. 28, T. 4 S,. R. 10 W. Q., SCALE: -lCS' GENE AUTRY WAY 4;1 cm" er 10011, Fr- WC i 1 a 1 r o it arc x 2008 10911". Ore rl. togs r No Exhibit 4 Construction Phase 1A Phasing of Parking Lot Reconfiguration during TCE Term au 1,4 E N 4 1.1 0 E E 0 uJ cr 1— z 4 2 LIJ tt 0< X Cl. CI_ 2 0 V) z L) Z CC cLi Exhibit 5 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT PHASE I6 AP NO 137321 -02 THAT PORTION OF THE NORTHEAST QUARTER OF THE NORT1RNEST QUARTER OF SECTION m, TOWNSHIP 4 SOUTH. RANGE 10 WEST. IN THE RANCHO BAN JUAN GUON DE SANTA ANAL 64 111E CITY OF ANAHEBR. COUNTY OF ORANGE, STATE OF CAUFORN1A. AS SHOWN ON A MAP RECORDED 64 BOOK 31. PAGE 10 OF MISCELLANEOUS YAPS. N THE OFFICE OF THE COUNTY RECORDER AS MORE PARTICULARLY DEaCRIBITD AS PARCEL 1 OF LOT LSE ADJUSTMENT NO. 454 RECORDED AUGUST 2, 2000 AS INSTRUMENT NO. 70000400716 OF OFFICIAL RECORDS N THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST COMER OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORIIANEST QUARTER OF SAID SECTION 28. AS SHOWN ON RECORD OF SURVEY 140. 2002 -1016 AS PER MAP FEED N BOOK 190. PAGES 44 THROUGH 46 OF RECORDS OF SURVEY. IN THE OFFICE OF SAD COUNTY RECORDER; THENCE MONO THE NORTHERLY LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 21. NORTH O0'+O0'4Y WEST 338.22 FEET TO TAE SOUTHEASTERLY CORNER OF PARCEL 1 OF SAID LOT UNE ADJUSTMENT N0.454: THENCE ALONG THE 80U11EASTE RLY LAZE OF 8410 PARCEL 1 NORTH 10'04'12 EAST 66.42 FEET TO THE BII-Q. TIEING A PONT ON A NONTANOENI CURVE CONCAVE NO Y HALVING A RADIUS OF 1666A0 FEET, A RADIAL SEARING TO SAD CURVE BEARS zoom O03T2Y WEST: TIERCE NORTHWESTERLY 93.42 HAFT ALONG SAID CURVE TIiiOUGH A CENTRAL. AHIGLE OF 07'2566"; THENCE NORTH 78'6'6'41` WEST 6897 FEET 10 TIE BEGINNING OF A CURVE CONCAVE SOURMYESTEHZY NAVIN() A RADIUS OF 686.26 FEET; TH94GE NORTHWESTERLY 210.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'1716`: THENCE NORTH 60•1410' WEST 1.00 FEET TO THE WESTERLY LEE OF SAID PARCEL 1, THENCE ALONG MID WESTERLY LURE NORTH 00'2(0 VIM 23.115 FEET TO THE BEGINNING OF A NONTANGB17 CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1563,46 FEET. A RADIAL SEARING TO SAID CURVE SEARS NORTH 0118'46 EAST: TIERCE EASTERLY EEO FEET KONG SAID CURVE THROUGH A CENT& ONES OF 01"4645 THENCE NONTANOENT NORTH 33.16 FEET: THENCE NORTH 9H 3536' EAST 27.14 FEET: THENCE SOUTH 00'1'478` EAST 10.60 FEET: THENCE NORTH 66'316'06' EAST 5601 FEET: THENCE SO4U114 007424` EAST 6.41 FEET: MILE SOUTH WOW EAST 78.04 FEET THENCE NORTH 07'6821" EAST 1.63 FEET; THENCE SOUTH orator GAIT 147.20 FEET: THENCE SOUTH 37'01'42 EAST 8.68 FEET, THENCE SOWN 07 WE$T 7.61 FEET: THENCE SOUTH 62•0140' EAST 1626 FEET; THENCE SOUTH 76'5733 EAST 17.62 FEET TO THE 8EO601NO OF A CURVE CONCAVE NORTHERLY HAVE* A REIIUS OF 6.00 FEET; THENCE SOUTHEASTERLY AND EASTERLY 12.60 FEET ALONG SAD CURVE THROUGH A CENTRAL ANGLE OF 22'8655': THH0NGE NORTH 5004'12' EAST 22646 FEET TO THE NORTHEASTFJRLY UNE OF SAD PARCEL 1. ALSO BEING THE SOUTHNESTPJLY LINE OF MANCHESTER AVENUE; THENCE ALONG SAID NORTHEASTERLY UNE 30LRH 38'55W FAST 23.41 FEET; THENCE SOUTH 40'SO41" WEST 206.86 FEET; THENCE SOUTH 1761'00' EAST MSS FEET TO THE SOUTWEAST04.Y LSE OF SAID PARCEL 1 THENCE ALONG SAD 90U7*E ASTERLY UNE SOUTH 60'0'12' WEST 61.72 FEET TO THE TRUE PONT OF 850610510. CONTAINING 25242 SQUARE FEET, MORE OR LESS. AU. DISTANCES SHDNN ARE OM, UNLESS OTHERWISE NOTED. TD OBTAIN GROUND DISTANCES DIVIDE GRID DISTANCES EY 0.80006002 fNI000i) ELL Elmrw Rye 1 M: Exhibit 6 ALL AS MORE PARTICULARLY SHOWN ON E*NBIT 8 ATTACHES HERETO AID MADE A PART HEREOF. CAT D /NM 7 DAY OF JANUARY, 1000. A aA QWEN.VERA DEL CA$111.1.O. PIA 6106 REDNITRATION EXPIRES 8/30109 CAW *amid. tali Owermilw 19,• Exhibit 6 2 APPROVED OM Phase 18 Plat of Temporary Construction Easement NV( UNE S 1/2, NR 1/4 SEC. 45, T 4 5., R. I0 W, BEARING DISTANCE 1 489• 06' 43' Y 338. 22' 2 1450' 04' 12' E 86. 42' 3 N50 12' E 51, 72' 4 WO' 51' 03' W 44. 99' 5 N4 9' 50' `1' E 208. 38' 6 N39' 5'5' 4 4 23. 41' 7 S50' 04' 12' Y 225. 48' 9 436'57'53'1, 17 82' IC 482' 01' 40' V 16. 28' 11 N1Tr 58' 22• E 7. 61' 12 N37' 01' 42' u 6. 96' 13 NB2• 01' 40' Y 147. 20' 14 SG7'5B'23'1+ 1.63' 15 NV 4D' Y 36. 04' 16 N00 24' V 6. 41' 17 S89' 35' 36' V 58. 0 t' 18 N0D' 21' 33' II 10. 50' 19 S89' 35' 36' II 27 9 20 S01) T't 33. 19' 22 SOD" 2 50' E 23. 66' 24 S76' 56 41' E 99. 97' 26 S89' 14' 20' E 1.49' n .Pca ARr s7 xr ..w rAS1a4 ,7 Pfi4Sv 78 4P J 1J7- 3J7 -01 PARCEL 1 ILA MO 45 ON NO SYr 20000403716 RS NO. 2002- 1016 RSIS 190/4415 RAD 1 US DELTA LENGTH 8 8. 00' 92' 57 55' 1 98' 21 1553 48' 01• 43' 45' 46 89' 23 983. 25' 12' 17' 39' 210. 98' 25 1559. 40' 03' 25' 56' 93 42' BASIS of BLARINGS: ALL 01s7A1K:ES 940144 ME GRID. N1Y UNE OF THE S 1/2. UNLESS 011400WSE NOTED. TO OBTAIN NW 1/4 SEC. 26. CROUNO DISTANCES 01 13117 T 4 S., R 10 W. BONG N581211'43'W DISTANCES BY 0.09008607. PER RS6 100/ -44 COAST SURVEYING, INC. 14431 *NNW L .WR 11;144 C 0/110-11477 4710 ui1- is LEGE'JO i /7A AREA DESCRIBED A4EA 25.242 S' P.O,C, NE COR N 1/2, W1/2. NW 1/4 SEC. 20, 7. 4 5., R. 10 11. SGALE I' loo' t LY UNE W 1 /2 E t/2! NW 1/4 SEC. 26, T. 4 S.. R. 10 W. GENE AU T RY WAY A07 2003 -00' 85 04W91 811 AIC C N 13.E GOC 0471. AEc sR�oor 041[' at >'7. aces WO ,V2 1 Exhibit 7 Construction Phase 1B Phasing of Parking Lot Reconfiguration during TCE Term X 1g 6 13 Ifa w 6 ri EE r— u LLJ 0 a cr 1--- Z CC w O ‹t cC a. 0_ 2 cc •ct z z IC 1 :7,....... -z-, 2 IL .3 3 ,3 No Exhibit 8 A STRIP OF LAND 13.00 FEET WEE OVER THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2E TOWNSHIP 4 SOUTH. RANGE 10 WEST. N THE RANCHO SAN JUAN GUM DE SARA AMA. RW TIE CITY 0 ANAHEIM, COUNTY OF ORANGE. STATE OF CALIFORNIA, AS SOWN ON A MAP fEC01®ED N BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS. IN THE OFFHCE OF THE COUNTY RECORDER. AS MORE PARTICULARLY DESCRIBED AS PARCEL 1 OF LOT LINE ADJUSTMENT N0.464 RECORDED AUGUST 2. 2000 AS INSTRUMENT N0.29000103718 OF OFFICIAL RECORDS N THE OFFICE OF SAE COUNTY RECORDER, THE SOUTHERLY UNE SENNO DESCRIBED AS FOLLAWS: COMMENCING AT THE NORTHEAST CORNEA OF THE NORTH HALF OF TIE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28. AS SHOWN ON RECORD Of SURVEY N0.2002 -1015. AS PER MAP FILED 94 BOOK 100. PAGES 44 THROUGH 48 OF RECORDS OF SURVEY. RECORDS OF SAID COUNTY OF ORANGE: THENCE ALONG THE NORTHERLY UNE OF 1141 NUTS HALF OF THE NORTNNEST QUARTER OF SAID SECTION 20. NORTH 80 WEST 338.22 FEET TO THE SOUTHEASTERLY COMER OF PARCEL 1 OF SAC LOT 1111E ADJUST1AENT P10 464; THENCE AIANG THE SOUTHEASTERLY UNE OF SAID PARCEL 1 NORTH 60'01'12' EAST M.0S FEET TO THE 3111LN.MEESEJEEENNES, SAID POINT 35146 THE SEGINNINO OF A NONTAMKIBIT CURVE c.ONCAVE NORTHEASTERLY HAVING A RADMS OF 1611.10 FEET, A RADIAL TO SAID CURVE SEARS SOUTH 0P33sr WEST: THENCE NORTHWESTERLY 03.00 FEET ALONG SAID CURVE TNDUGH A CENTRAL ANGLE OF 031O'd2*: THENCE NORT14 70'%'41' WEST SW FEET TO THE 050110 NO OF A CURVE CONCAVE BOIJIHRESTERLY HAVING A RADIUS OF 08628 FEET: THENCE NORTHWESTERLY 211.41 FEET ALONG SAID CURVE THROUGH A MORAL L ANGLE OF 12•11"30': THENCE NORTH arll20• WEST 1.13 FEET TO THE WESTERLY LEE OF SAID PARCEL roe NORTHERLY LINE OF SAID STRIP TO 0E LENGTHEN OR SHORTENED TO ',EMANATE SOUTHEASTERLY 04 SAID SOUTHEASTERLY UNE OF SAID PARCEL 1 AND TO TERMINATE WESTFIO.Y Di SAID WESTERLY UNE OF SAID PARCEL 1 COWMMAIN° 5250 SQUARE FEET. MORE OR LESS. ALL DISTANCES SHOWN ARE GRID. UNLESS OTHERWISE NOTED. TO inroad (WOUND DISTANCES DIVIDE GRID DISTANCES BY 0.99901601. ALL AS MORE PARTICULARLY SHOWN ON EXHISIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 7 DAY OF JANUARY. 2009. ■46- a ad OW EN -VERA DEL CASTLLO. PLS 5100 REOHSTRATION EXPIRES 313009 .04 107617 TO.1ti..: LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT PHASE 2 AP NO 137441.80 Exhibit 9 Phase 2 Plat of Temporary Construction Easement 0 0 rn�uyrrr�r�r�,��� RADSUS 4 1 544. 40' 6 998. 25' 10 995. 23' 12 1 557. 40' r/LY LWIE s 1 /2. NW 1/4 sEC. 28. T. 4 S., R. 1D W. P.O.C. NE COR N I /2. W 1/2, SE 1/4. BE DISTANG£ NW 1/4 SEC. 26, 1 1489' 06' 43' V 338. 22' T. 4 5„ R. 10 W. 2 P431704' 12' E 89 03' NO. 21102-110115 3 NW 04 12' E 17. 15' 5 N76' 36' 41' Y 89. 97' HS� 120/44-44 7 N89' 14' 20' V 1. 40' dF0 ELY UNE it 1/2, E 1/2, 8 500' 24' 50' E l 3. 00' NW 1 /4 SEC. 26. 9 S89' 14' 20' E 1. 13' T. 4 5., R. 10 W 11 576 36' 41' E 89. 97' DELTA or 54' 30' 12' 17'39' 12' 17' 39' 03' 29' 42' BASIS OF 13E NLY LINE OF THE S 1/2. NW 1/4 SEC. 26, T. 4 5.. R 10 W. BEM N89•06'43'W PER RS8 160/44 -46 7EI042WRr LV11lSTA1JCIIGW C4SIWDef Mel 2 is7 311 -87 PARCEL 1 LLA NO. 454 Ii ST. NO. 20080443716 DA Ft LENGTH 103. 33' 214. 20' 211. 41' 95. 00' ALL 06TANC£S 940w$ ARE GRID, U*LESS OTHERWISE NOTED. TO 08TAN GROUND DISTANCES DIVIOE OR11 015 TANCES 8Y 0.09988602. COAST suRVEY1N0, 1Nc_ f GENE AUTRY WAY r' en ma =Brio. rs star cuti: ar s xne N09'08'49'E T.. .B 7'w LEGEND: AREA 0E5CAIBE0 [AREA a 5,25. ST CNkO 8V GOC DAM: WC 77. ZOO Acc 2003 -00168 94fET 110E 4 Of 3 1' Exhibit 10 IN 100077 T(T Flow LEGAL DESORPTION TEMPORARY CONSTRUCTION EASEMENT PHASE 3 AP NO. 1I7-721-92 THAT POIMON OF TIE NORTHEAST QUITTER OF THE NORTHWEST QUARTER OF SECTOR 25. TOMER" 4 SOUT1, RANGE 10 WEST, IN THE RANT 40 SAN JUAN CAJON OE SANTA ANAL IN THE CITY OF ANAHEIM, COUNTY OF ORANGE. STATE OF CALPORISAL AB SHOWN ON A MAP RECORDED IN BOOK 61, PAGE 10 OF MEICl.L*11E0US MAPS. N 711E ORHTOE OF THE COUNTY RECORDER, AS MORE PARTICULARLY DESCRIBED AS PARCEL 1 OF LOT LSIE ADJUSTMENT N0. 454 RECORDED AUGUST 2.21N0 AS INSTRUMENT N0.20000402716 OF OFFICIAL RECORDS IN THE OFACE OF SAD COUNTY RECORDER DESCRIBED AB FOLLOWS: COLIMENCING AT THE NCRTHJIST CORNER OF TIE NORTH HALF OF RE WEST HALF OF TIE SOUTHEAST OUARTER OF THE WORTHIEST GUARDER OF SAID SECTION 25, AS MIOWN ON REOORD OF SURVEY NO. 2002 1015, AS PER MAP FILED IN SOCK 100, PAGES 44 THROUGH 45 OF RECORDS OF SURVEY, MODEM OF SAID COUNTY OF ORANGE: THENCE ALONG THE NORT►ERIY ARE OF TIE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26. NORTH !*00'43' WEIfT 336.22 FELT TO 711E SOUTIEABT *Y CORNER OF PARCEL 1 OF SAID LOT LIE ADJUSTMENT NO. 404: THENCE ALONG THE SOUTHEASTERLY UNE OF SAID PARCEL 1 NORTH m'04'12' EAST 60J16 FEET TO THE MILMIKNJIM., IMNG. SAID POINT IENE THE BEGINNING OF A NONTANCIBIT CURVE CONCAVE MASTERLY HAVING A RADIUS OF 1657A0 FEET. A RADIAL TO SAID CURVE SEARS SOUTH 0033'37 WEST: TIERCE NORTINVESTERLY 15,00 FEET ALONG SAD DURRVE THROUGH A CENTRAL MOLE OF 00 THENCE NORTH 71755'41' WEST IBM FEET TO THE UEGIOINO OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF ISM FEET; THENCE NORTHWESTERLY 211.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12•1730': THENCE NORTH H'142F WEST 1.13 FET 70 THE WESTERLY LINE OF BAND PARCEL 1: THENCE ALONG SAID WESTERLY LINE NORM 0044'50' WEST 25*) FEET: T1410E SOUTH 116•7740' EAST 46.20 FEET; THENCE NORTH 7.56 PEET TO THE 1120111119103 OF A NONTAI GENT CURVE CONCAVE BOUTHMIESTELY WAVING A RADIUS OF 1022.26 FEET, A RADIAL BERING TO BAND CURVE BEARS NORTH 03•1721' EAST. THB4CE SOUTHEASTERLY 17425 FEET ALONG SAID CURVE THROUGH A CENTRAL ATINGLE OF WNW TIERCE SOUTH 76•5641' EAST 5987 FEET TO THE BEGUN NG OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1200,40 FEET; THENCE SOUTHEASTERLY 46.33 FEET ALONG SAD CURVE THROUGH A CENTRAL ANGLE OF 01.4EY17'- THENCE NONTANGENT NORTH 50'04'12' EAST 27122 FEET TO THE NORTHEASTERLY UNE OF SAID PARCEL 1. ALSO BEING TIE 50U}IWAS1fRLY LINE OF MANCHESTER AVENUE: THENCE ALONG SAID NORTHEASTERLY 1.0E SOUTH arms- MT 22.40 FEET: THENCE SOUTH WOW WEST 118 FEET: THENCE SOUTH 3911207' EAST 21 01 FEET, THENCE NORTH 494347' EAST 18.00 FELT: THENCE SOUTH 53'07'10" EMT 16.10 FEET TO THE SOUTHEASTERLY UNE OF SAID PARCEL 1: THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 00'0411 WEST 54.10 FEET TO THE TRUE POINT OF EEONNMIBB. CONTAINING 21.214 SOUARE FEET. MORE OR LESS. AU. DISTANCES S1CWN ARE 0510, UNLESS OTHERWISE NOTED. TO OBTAIN GROUND DISTANCES DIVIDE GRID DISTANCES BY 0.90006602 hip d Cr a..y..1. b Darin Xi= Exhibit 12 ALL AS MORE PARTICULARLY SHOWN ON EIMBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 7 DAY OF JANUARY. 2009. tiWENNERA DEL CASTILLO. PLS 5109 IEOISTRATION EXPIRES 6I3GR IN IdC ro T17. hp:: w! Cad fw.rwlwg, ac. 4ewi.. 11, NAM Exhibit 12 L Phase 3 Plat of Temporary Construction Easement 410317' NV/ LINE S 1/2. NW 1/4 SEC 26, T. 4 S, R. 10 W BEARING DI STANCE 1 NEW 06' 4 Y 238. 22' 2 A150' 04' 12' E 69. 05' 3 N50'04' 12' E 84. 10' 4 I483' 07' 10'V 18. 10' 5 549' 43' 42' V 19. 99' 6 M39' 56' 09' V 21.01 7 N49' 49' 58' C 176. 28' 8 1439' 53' 48' V 23. 40' 5 550' 04' 12 228, 22' 11 576' 36' 41' E 89, 97' 13 SOUTH 7.09' 14 N88' 22' 40' V 46, 92' 15 SOO' 24' 50' E 29. 63' 16 S99' 14' 20' E 1, 13' 19 176 41' E 89. 97' BASS Or 9E memos, N'LY UNE Or 11.-E 5 1/2, NW 1/4 SEC. 26. T. 4 S., R 10 W. BEING 1089•06'4J'W' PER RS8 190/4.4-46. FARCE. '1 LLA NO.454 [MST. X11®. 2C00040371 O.3$. 247E COAST SURVEYING. INC. 1111111 MONT UM. Yl ru IK CA tl71b -r1 '7I4) f11♦ -HM T1' .4 w. consmucTiont EASE44EIr MOM J API 1.T7- ITT-22 504'33'3YW I 2002-1615 120/44.46 RADIUS DEL IA LENGTH 10 1520. 40' 01' 49' 17' 48. 33' 12 1022. 25' 39' 45' 58' 74. 25' 17 985. 25' 1r 17' 39' 211. 41' 19 157. 40' 03' 29' 42' 95, 00' ALL 11isr»ccs SNOW ARE MO, UNLESS OTHERIMSE NOTED. TO OBTAIN GROUND DISTANCES INUDE GRID DISTANCES 8Y 0.99998602. LE 410 A AREA DE C0 AREA 21,214 SF P.O.C. NE COP P4 1/2, W 1/2, S: 1/4, NW1 /4SC 26. T. 4S..R.10W, GENE AUTRY WAY ELT UNE W 1/j E 1 f7 J NW 1/4 SM. 26, T_4 S.,R.10W. ACO 20C-1—00166 112d, sr T) COM 62! of pg nor- r oc 20 2008 94AC• ay a, tlm WIT wn. Exhibit 13 lonstruction Phase 3A Phasing of Parking Lot Reconfiguration during TCE Term 1: o. wr Oa. ob to •00 ••■10 OV•ol 0 RR* E E 041 00 1 In Cna •10 -a 2 0 0.1 1 4 Z L re) UJUJ 0< cr 11. 2; •aai 0 L z Exhibit 14 Construction Phase 3B Phasing of Parking Lot Reconfiguration during TCE Term v cx O CL zm Lo re V1 O CE z a z O ✓1 w r- (a a a v� z 0 u cr w z w 0 Exhibit 15 LEGACE/EICIOPTION WALL EABEAENT AP LOO. 187.321 4R A STRIP OF w0 2.00 FEET WOE OVER THAT P01111014 OP TIE NORTHEAST QUARTER OF THE NDRT RRIST QUARTER OF SECTION 21. TCAMNSNP 4 SOUTH. RANGE 10 WEST. M THE RANCH BAN JUAN CAJON OE SANTA ANA. 11 716 CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF CAUFORNAL AS 8IIO1111 ON A MAP RECORDED IN BOOK 61, PAGE 10 OF MISCELOMEOUS MAPS, IN THE OFFICE OF THE COUNTY INOOIOER, AS M011 PARIICUUYRLLY MICRO= AS PARCEL 1 OF LDt UNE ADJUSTMENT 60. 164 RECOMED AUGUST 2. 2000 AS INSTRUMENT NO. 2010010117111 OF OFRCUIL ReCOROe IN THE OFFICE OF SAID COUNTY RECORDER. THE eOUT1ERLY LSE BEND DESCRIBED AS FOLLOWS: COMENCaf03 AT 1/01 II0RTMEA$T CORNER OF TILE NORTH HALF OF THE WEST HALF OF TIE SOU11EA*T QUARTER OF THE NORTt414EST QUARTER OF SAID SECT= 20, AS SHOWN ON RECORD CF SURVEY NO. 2002 -1015, AS PER MAP FU.W N BOOK 100, PAGES 44 THROUGH 16 OF RECORDS OF SURVEY. RECORDS OF SAID COUNTY OF ORANGE: THEME ALONG THE NORTHERLY UNE OF THE SOUTH HALF OF THE MORTMANEST GLIMMER OF 8u0 SECTION 2S. NORTH 00'Ora WEIR DIESE FEET TO THE SOIITIEAITORLY COINER OF PARCEL 1 OP SAID LOT UNE ADJUSTMENT 110.454: THENCE ALONG THE SOUTHEAITERLY LINE CF SAD FMCS- NORTH sow 1Z EAST 1642 FEET TO THE EMILZIMILIEJMUMMR, SAID POINT BEING THE 1ISiR61W0 Of A NONTANOINT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 110.40 FEET. A RADIAL TO SAID CURVE BEARS SOUTH 0B'ir2T WEST: THENCE N0RTHWMEALY 4.42 FEET ALONG SAID CURVE THROUGH A CENTRAL MOLE OF MEW; TIERCE /NORTH 7066VP WEST 06.07 FEET TO TIE B6100E10 OF A CURVE CONCAVE SOUTIMIDETERLY HAVING A RADIUS OF E6.26 FEET; THENCE MORT/WESTERLY 210.4 FEET ALONG BAD CURVE THROUGH A CENTRAL MOLE OF 12•1716': 714810E NORTH W1420* WEST 1.6 FEET TO THE WESTERLY UNE OF SAID PARCEL 1. THE NORTHERLY UNE OF MID STRIP TO SE L1MGTHE ED OR SHORTENED TO TFI4PADIATE SOUTHEASTERLY IN SAID 00I T) *0THILY LIE OF RAID PARCEL 1 AND TO TERMINATE WESTERLY IN EAID WESTERLY UNE OF SAID PARCEL 1. CORTANING 110 SQUARE FEET. MORE OR LESS. ALL DISTANCES SHOWN ARE GRID, UNLESS OTHERWISE NOTED. 70 OBTAIN GROUND DISTANCES DIVIDE GRID DISTANCES BY 095611102. ALL A8 MORE PARTICULARLY SHOWN ON EXHIBIT D ATTACHED HERETO AND WOE A PART HEREOF. Dam rots RP DAY OF IIOVIDAIER, 2006, GWE»VERA DEL. CJSTILLO, PLS 5106 REGISTRATION EXF ILES 050106 R1 NOW 51d I Cwu Sm*r+5t. M I21w..10 19, 2.0021 Exhibit 16 BLARING DISTANCE 1 N50'0 1 E 86, 42' 2 S76' 56' 41' E 89. 97' 3 S89' 14' 20' E 1. 09' 4 S0O' 24' 50'E 2. 00' 5 N89'14' 1. 1:1' 6 N76' 56' 41'4 89. 97' 7 h5O' 04' 12' C 2. 63' 8 N89'06' 43' 4 338 22' RADIUS DELTA 9 1559. 40' 03'25' 56' 10 983. 25' t2' 1 7' 39' 1 1 985. 25' 12' 17' 39' 12 1957 40 03'29' 42' BAS'S OF BEARGIGS: NLr uWE 1HE S 1/2, NW 1/4 SEC. 26. T. 4 S. R ID W. DEAD N89'06'4.1 W PER RS8 140/44 -4E A PRO'VW 8)" DAIL COAJ T SURVEYING. INC. �tatl Nrw+MT Lour. WTI t MEWL C■ aMr•Yn (I4) 91 I. Plat of Wall Easement PARCEL 1 LLA NO. INST. Mir. 2036 O.R. Nov LAstdnT AP 1.17- 371 -99 NLr UNE S 1 /2, O NW 1/4 SEC. 76, T. 4 S., R 10 W LENGTH 93. 4?' 210. 98' 21 1. 41' 95. 00' RS NO. 2002"1O115 nss 9 aOJ4ut-4i ALL DISTANQ'S SHOWN ARE CAD. 1Nt_SS OTHERNiSE NOTED V0 OBTAIN 0w :two O1S1ANCE;S WADE MO DISTANCES 8V 0.99998602. LEGEND: !AREA r 793 SF AREA DESCRIBED 8,0.0. ME COR 14 1/2_ W 1/2, sE 1/4. NW 1/ 4 SEC. 26. 1 4 S R. 10 W SCA/: �I E'll' LAVE W 1/2, E 1/2, NW 1/4 SEC. 26, T, 4 S.. R. 10 W. GLNL AU TRY WAY ACO 2003 -00115 piney or NO —T NNO 8Y: 000 1 SHEET AG 2 a< 5 DATE AO. t _T?GK OATL. *Or If Not Exhibit 17 LEGAL DESCRIPTION SUBSURFACE FOUNDATION AND UT6 TY EASEMENT AP NO. 13742142 A STRIP OF LAND 19,00 FEET WIDE OVER THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 4 BOOTH RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, N THE CRY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP R6COROEO W BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS. IN THE OFFICE OF THE COUNTY RECORDER AS MORE PARTICULARLY DESCRIBED AS PARCEL 1 OF LOT LINE ADJUSTMENT NO. 464 RECORDED AUGUST 2, 2000 AS INSTRUMENT 140. 20000403711 OF OPFIGAL RECORDS N THE OFFICE OF SAID COUNTY RECORDER. THE SOUTI4ERI.Y LNE BEONO DESCRIED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER Of THE NORTH HALF Of T11E WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, AS SHOWN ON RECORD OF SURVEY NO. 2002 -1015, AS PER MAP FILM N BOOR 100, PAGES 44 THROUGH 46 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY OF ORANGE: THENCE ALONG THE NORTHERLY LINE OF THE SOUTH WAY OP THE NORTHWEST QUARTER OF SAID SECTION 25. NORTH SIPOIT43" WEST 318.22 FEET TO THE SOUTHEASTERLY CORNER OF PARCEL 1 OF 31AD LOT LNE ADJUSTMENT 110.454: THENCE ALONG THE SOUTHEASTERLY LINE OF SA/0 PARCEL 1 NORTH 6P0rir EAST 68.05 FEET 7O THE namMIKESEIENtate. SAID POINT BEING THE ITEOIM/4G OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1567,40 FEET, A RADIAL TO SAID CURVE BEARS SOUTH Or3T WEST; THENCE NORMWESTERLY 05.00 FEET ALONG SAD CURVE THROUGH A CENTRAL ANGLE OF 03'20142; THOME NORTH TS'S6'41' WEST MP FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 066.26 FEET: THENCE NORTHWESTERLY 211.41 FEET ALONG SAID CURVE THROUON A CENTRAL ANGLE OF 12•17'60': THENCE NORTH 80"1420' WEST 1.13 FEET TO THE WESTERLY 464E OF SAID PARCEL 1 tHE NORTHERLY LINE Of two STRIP TO BE LIN131140IED OR SHORTENED TO TERMINATE SOUTHEASTERLY 61 SAID SOUTHEASTERLY LIRE OF SAID PARCEL 1 AND TO TERMINATE WESTERLY IN 8110 WESTERLY LINE Of SAID PARCEL 1 CONTAININO 6.255 SQUARE FEET, MORE OR LESS. ALL DISTANCES BROWN ARE 0640. UNLESS OTHERWISE NOTED. TO OBTAIN GROUND DISTANCES DIVIDE GRID DISTANCES Sy 0.98006502. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT F ATTACHED HERETO AND MADE A PART' HEREOF. DATED THIS E" DAY OF JANUARY. 2000. .M MO027 sr..Ar. Uukry GWEN -VERA DEL CASTILLO. PL8 5108 REGISTRATION EXPIRES 6/30108 k:•11.1k oerva,.o r:n Exhibit 18 APPROYEt Br Plat of Subsurface Foundation and Utility Easement BEARING DISTANCE 1 1489' 06' 43' Y 338. 22' 2 N50' 04' 12' C 09. 05' 3 N50' 04' 12' E 17. 15' 5 N76 41'1+ 89. 97' 7 N89' 14' 20'1/ 1. 4Q' 8 S00' 24' 50'E 13. 00' 9 S89•14' 20'E 1 13' 11 S76' 56' 4 I E 89. 97' RADIUS DELTA LENG 4 1544, 40' 03'54' 30' 105. 35' 6 998. 25' 12' 17' 39' 214. 20' 13 985. 25' 12.17' 39' 211. 4 1' 12 1557. 40' o3 42' 95, 00' BASIS or BEARNiGS N'LY Loa' OF ix( S 1/2, NW 1/4 SEC 26. 4 S,, R 10 W. BELLO 1/69V6'43'w PER RSB 180/44 -46. COAST SURVEYING, INC. 111611 POMMY I. OM WIT" 04 1211e -41l (no swam 474,520 4711"1416911. N'LY LOVE 3 1/1. NW 1/4 SEC. 7E, 45 R. 10 W. 6-1- lfb- i- Es --o suzsU4FArr FTNVAnON .wo UT4.Rr EASEMWT AY f ,J'- J.TI -42 ILIA O. 464 INST. NO. 20140403T6 6 O. R. LIS NO 44 a' -10115 FISE 1 6Q/44-4 ALL DISTANCES SHOWN ME CAD, UNLESS 01HERWSE NOTED. '0 OBTAIN GROUND DISTANCES DO DE 0810 DISTANCES BY 0.89998602. DR” Or MD LEGEND: WAIN o4rE. arc. ar, avae NU8'0 9'4 AREA DESCRIBED [AREA 5,255 Sr GENE AUTRY WAY aim 9» 44* SCALE -10' >y� P.O.C. NE COR N 1/2, W 1/2, SE 1/4, NW 1/4 SEC. 26, 7.4S..R.10W. ELY UNE W 1/2, E 1/2, NW 1/4 SEC. 26, t4 S.,R.10 W. ACQ 4003 -00165 sHirr No 3 0o- Exhibit 19 LEGAL OE.SORFTION MAINTENANCE ACME EASSAENT AP NO. 137421-92 CONTANMq 21.191 SQUARE FEET, MORE OR LESS. i'I Me.rsm` POs 112 'a„ c..q.ti r b.•f LIDS THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF 9RCT10N 21. TOWNSHIP 4 SOUT1i, RANGE 10 WEST, N THE RANCHO SAN JUAN CANON OE BANTA ANA, IN TIE CITY OF ANAHE/N, COUNTY OF ORANGE STATE OF CALIFORNIA, AS SHOWN ON A WUP RECORDED IN SOON 51, PAGE t0 OF MISCELLANEOUS MAN'S, N THE OFFICE OF THE COUNTY RECORDER AS MORE PARTICULARLY DESCRIBED AS PARCEL 1 OF LOT UNE ADJUSIAseiT NO. 464 RECORDED AUGUST 2, 2009 AS WSTTENENT NO. 2 090493716 OP OFFICUAL RECORDS IN THE OFFICE OF SAO COUNTY RECORDER. THE SOUTHERLY UNE SES40 0EESRIEED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNEA OF 114E NORTH HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION l6. AS SHOWN 014 RECORD OF SURVEY NO. 2002.1015. AS PER MAP FLED UN BOCK 19R PAGES 04 THROUGH 46 OF RECORDS OF SURVEY, N THE OFFICE OF SAM COUNTY RECORDER THENCE NANO THE NORTHERLY UNE OF THE SOUTH HALF OF 1168 NORTIAvEST QUARTER OF SAID SECTION 2S, NORTH W0047' WEST 309,22 FEET TO THE SOUTHEASTERLY C0184 OF PARCEL 1 OF SAID LOT UNE ADJLNTTIENT NO. 454; 1116HCE ALONG THET�810EUhEEABTERLY UNE OF SAID PARCEL 1 NORTH 50"0411 EAST AINONTANGD4T CURVE CONCi�U'ASTERLY NA WIG A RADIUS OF 1E0.40 FEET, A RADIAL 7O BAUD CURVE SEARS SOUTH 009971 WEST; THENCE NORTHWESTERLY 66,00 FEET ALONG SAID CLEIVE THROUGH A CENTRAL ANGLE OF 00'2647: THRICE NORTH 76'09'41' WSW UAW P@T TO THE BEGB8M40 OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 06373 FEET; THENCE NORl7MNEBTERLY 211.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'1 TSB' THENCE NORTH 66'1470" WEFT 1.13 FEET TO THE WESTERLY UNE OF SAID FARM 1; THENCE ALONG BAUD WEETEfp.Y 141E NORTH 00141R" WEST 16,10 FEET: THENCE SOUTH 091279 EAST 25.04 FEET: THENCE NORTH 001474` WEST 2747 FEET: THENCE EAST 24.00 FEET: THENCE SOUTH 00'74X' EAST MSS FEET TO THE BEGINH1tO OF A NONTANOENT CURVE CONCAVE SOUTHWESTERLY PAINING A RADIUS OF 102226 FEET, A RA01AL BEARING 1D RAID CURVE BEARS NORTH 0314'21 EAST: THENCE SOUTHEASTERLY 166.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06'1815"; THENCE SOUTH 76'09'41' EAST 06.97 FEET TO THE BEGINNING OF A CARVE 00180*VE NORTHEASTERLY HAVING A RADIUS OF 162040 FEET; THENCE SOUTHEASTERLY 48.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 THENCE NONTANGENT NORTH worn' EAST 226.22 FEET TO THE NoRTHEASTERLY UNE OF IWO FARCR.1, ALSO SUDNO THE SOUTHWESTERLY UNE OF MANCHESTER AVEatUF; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 79'66'46• EAST 23.45 FEET: THENCE SOUTH 40`62'09' WEST 109.76 FEET TO THE BEGN/510 OF A CURVE 001004VE NORTHEASTERLY HAVING A RADIUS OF 10.00 FEET THENCE SOUTHEASTERLY AHD EASTERLY 22.80 FEET ALONG SAID CURVE THROUGH A CENTRAL. ANOLEOF 130'3T4W TO TIE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 100.40 7887. A RADIAL SEARING TO SAID CURVE BEARS SOUTH OS1421" WEST: THENCE SOIA14EA87ERLY 25,76 FEET ALONG SAD CURVE THROUGH A CENTRAL ANGLE OF 00'8707' TO THE SOUTHEASTERLY LIME OF SAID PARCEL 1; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 60"04'11 NEST 49.11 FEET TO THE TRUE POINT OF 6E084NN0. Exhibit 20 ALL DISTANCES SHOWN ARE GRID, UNLESS OTHERWISE NOTED. TO OBTAIN GROUND INSTANCES ONCE ORtb DISTANCES BY CLOSSOS602. ALL AS MORE PARTICULARLY SHOWN ON EXHEUf J ATTACHED HERETO AND MACE A PART HEREOF. DATED THIS e DAY OF JANUARY. 2009. OWINNERA DEL CASTILLO. PLS Sloe REGISTRATION !%PRi S 01$0100 W 102Q711.1a UaMte lose 2d7 ma Sew+ -a HPT IHG -2 Properties Trust Ownership Date of Value: September 30, 2008 1855 -1925 South Manchester Avenue, Anaheim 208 Exhibit 20 AND A Alt w AID Plat of Maintenance Access Easement APl01i1DN!D or NO3 P ELI i[LLA NO. MT. NO. x"90 N'LY LINE 5 1/2, NW 1/4 SEC. 25, L 5.. R. 10 Vs. MKON ANNCC ALCM CASENIM AP .121.02 BE412;NC DISTANCE I N89' 06' 43' V 338. 22' 2 N50" 04' 12' E 89. 05' RSV 190 3 1470' 04' 12' C 49. 11 5 N49' 52' 79' E 196. 79' 6 1139' 55' 48' V 23. 45' 7 S50' 04' 12' V 228. 22' 9 S76• 5fi' 41' E 89.97' 11 SO0'24'24'C 27. 47' RADIUS DELTA LENGTH 12 NEB' 32' 20'1,I 28. 03' 4 1520. 40' 00' 52' 52' 21 38' 13 SOO'24'50'E 36. 98' 8 1520. 40' 01'49'17' 48.33' 14 S89' 14' 20' E 1. 13' 10 1022. 25' 09' 2E' 52' 169. 16' 16 576' 5E' 41' E 89. 97' 13 985. 25' 12' 17' 39' 21 I. 41' 19 1400' 24 24' V 2& 65' 17 1557. 40' 03' 29' 42' 95. 00' 20 WEST 24, 00' 18 10. 30' 130' 37' 48' 22. 80' OASIS OF DEA(apl4S: N'LY UNE OF THE 5 `/2, Nw s/4 SEC. 28, 7. 4 S. R 10 W ECHO NOST16'43'W PER R38 799/4+ COAST SURVEYING. INC. 1 11Y1 nafewV WO, wltt 111NIOR. G4 1177111+4277 (714) 110-117• 0111077Y, %S NO. 2 02 016 AU. INSTANCES SHOWN ARE GR10. UNLESS 071E3194SE NOSED. TO OMAN GROUND DISTANCES DM( arm CISTAkCES BY 0.99496602. LEGEND: I7 f/i AREA DESCAIBCD MICA 21,391 sr J'. s t^ 4 P O.C• NE COR N 1/2.. 81/2, SE 1/4, Rw 1/4 SRC. 26, t, 4 S., R, 10 W. CL UnE W 1/2, E 1/2 NMI 1/4 SEC. 26. T. 4 5., R. 10 W. GENE A.UTRY WAY t�v tom BY. ND 0410 try: GDC y DA ucr. ar, Mg DAM Arts n xar 4 SCALE. CD ACO 2003 -00165 514rr N0. t" nr 5 Exhibit 21