6467ORDINANCE NO. 6467
AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING
AMENDMENT NO. 5 TO THE SECOND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT NO. 99-01 BY
AND BETWEEN THE CITY OF ANAHEIM AND WESTGATE.
RESORTS ANAHEIM, LLC AND MAKING CERTAIN
FINDINGS RELATED THERETO; AND AUTHORIZING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
SAID AGREEMENT FOR AND ON BEHALF OF THE CITY.
WHEREAS, 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 generally described and depicted in the legal description and
map attached hereto as Exhibit A and incorporated by this reference (the "Property"); and
WHEREAS, the Original Developer assigned the Development Agreement with respect
to the Parking Structure No. 1, Retail No. l 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 ("GardenWalk Hotel") 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. 99-1 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, Anaheim GW II assigned the Development Agreement with respect to the
Timeshare Parcel and the Vacation Ownership Resort No. 1 to Westgate Resorts pursuant to that
certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-
01 dated as of February 29, 2008, and recorded in the Official Records of Orange County
California on March 6, 2008, as Instrument No. 2008000105443; and
WHEREAS, the Development Agreement addresses, among other things, the
Developer's construction of the Project in phases, requiring that the Developer commence
construction of the various Project Elements within certain time frames; and
WHEREAS, in 2010, GardenWalk Hotel and Westgate Resorts 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, (ii) to require the Commencement
of Construction of Hotels 1 and 2 to occur on or before May 26, 2011 and (iii) to require the
Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23,
2019. 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. I"); and
WHEREAS, GardenWalk Hotel thereafter requested that the City further amend the
Development Agreement, 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"), to
require the Commencement of Construction of Hotels 1 and 2 occur on or before May 26, 2013
and the Completion of Construction and Opening for Business (as defined in Amendment No. 2)
occur no later than 36 months after the Commencement of Construction of the Hotels; and
WHEREAS, as the successor in interest to Anaheim GW 11, Katella Anaheim Retail,
LLC ("Katella Anaheim"), thereafter requested an amendment to the Development Agreement,
Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99-01,
dated as of August 23, 2011 and recorded in the Official Records of Orange County on
September 16, 2011, as Instrument No. 2011000459373 ("Amendment No. 3"), to make changes
to the mix of uses and the square footage of Retail No. 1; and
WHEREAS, GardenWalk Hotel thereafter requested that the City further amend the
Development Agreement, Amendment No. 4 to the Second Amended and Restated Development
Agreement No. 99-01, dated as of June 4, 2013 and 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, GardenWalk Hotel will
be 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. In
connection with Amendment No. 4, the City Council approved that certain Addendum to the
Pointe Anaheim Initial Study/Mitigated Negative Declaration, dated March 27, 2013 (the "2013
Addendum"), which shall be included in the "Existing Approvals" under the Development
Agreement; and
WHEREAS, unless otherwise defined in this Amendment No. 5, all capitalized terms
shall have the meanings ascribed to such terms in the Development Agreement, as amended by
Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4. 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
WHEREAS, Pursuant to Section 7.5 of the Development Agreement, on February 12,
2019, Westgate Resorts submitted an application to amend the Development Assurances, set
forth in paragraphs (c) and (d) of Section 3.1.1 of the Development Agreement to require the
Commencement of Construction of Vacation Ownership No. 1 to occur on or before October 1,
2021. In response to the request, Amendment No. 5 to the Amended and Restated Development
2
Agreement No. 99-01 ("Amendment No. 5"), which is attached hereto as Exhibit B and
incorporated herein by this reference, was prepared; and
WHEREAS, pursuant City Council Resolution No. 82R-565 (the "Procedures
Resolution"), which was adopted by the City Council on November 23, 1982, the Planning
Commission shall provide a recommendation to the City Council with regard to Amendment No. 5
to the Development Agreement; and
WHEREAS, pursuant to and in accordance with the provisions of the Califomia
Environmental Quality Act (Public Resources Code Section 21000 et seg. herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local - CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents; and
WHEREAS, pursuant to CEQA and the CEQA Guidelines, when a lead agency has
certified an Environmental Impact Report (EIR) or adopted a negative declaration for a project,
no subsequent EIR shall be prepared for that project unless the lead agency determines, based on
substantial evidence in the light of the whole record, one or more of the thresholds set forth in
CEQA Guidelines Section 15162 have been met. The prior environmental documentation
prepared for the Pointe Anaheim/GardenWalk Project includes: The Disneyland Resort Specific
Plan Environmental Impact Report No. 311 (herein referred to as the "Final EIR"), the 1999
Pointe Anaheim Initial Study and Mitigated Negative Declaration (herein referred to. as the
"IS/MND"), the 2001 First Addendum to the Pointe Anaheim Initial Study and Mitigated
Negative Declaration (herein referred to as the "First Addendum"), the 2006 Second Addendum
to the Pointe Anaheim Initial Study and Mitigated Negative Declaration (herein referred to as the
"Second Addendum"), the 2011 Third Addendum to the Pointe Anaheim Initial Study/Mitigated
Negative Declaration Anaheim GardenWalk Project (herein referred to as the "Third
Addendum"), the 2013 Fourth Addendum to the previously -approved Pointe Anaheim Initial
Study and Mitigated Negative Declaration, dated March 27, 2013 (herein referred to as the
"Fourth Addendum"), and the 2015 Fifth Addendum, all of which were prepared pursuant to the
provisions of Section 15164 of the State of California Guidelines for Implementation of the
California Environmental Quality Act (herein referred to as the "CEQA Guidelines") in order to
determine whether any significant environmental impacts which were not identified in the
previously -approved IS/MND would result or whether previously identified significant impacts
would be substantially more severe in connection with the amendments to the Second Amended
and Restated Development Agreement No. 99-01. The Final EIR, the IS/MND, the First
Addendum, the Second Addendum, the Third Addendum, the Fourth Addendum and the Fifth
Addendum, which together with the related Mitigation Monitoring Programs, shall be referred to
herein collectively as the "CEQA Documents";
WHEREAS, based upon the evidence submitted and as demonstrated by the analysis
included in the CEQA Documents, the revisions to the term extension milestones associated with
the Development Agreement will not extend the term of the Development Agreement or increase
unit count, but simply will extend the time for the commencement of construction. As such,
Amendment No. 5 is a minor change to the Development Agreement. Therefore, the approval of
3
Amendment No. 5 to the Development Agreement and does not necessitate additional
environmental review because it will not result in new or substantially more severe impacts that
were not previously evaluated and/or require additional mitigation measures, and there is no new
information of substantial importance, which was not known and could not have been known
with the exercise of reasonable diligence at the time EIR No. 311, the Pointe Anaheim Initial
Study and Mitigated Negative Declaration (IS/MND), and associated Addenda were approved
that triggers the need for the preparation of subsequent environmental review. The analysis in
the CEQA Documents included anticipated build -out contemplated by the Development
Agreement and remain relevant and retain informational value as to the Anaheim GardenWalk
Project; and
WHEREAS, on April 15, 2019, the Planning Commission did hold a public hearing,
notice of said public hearing having been duly given as required by law and in accordance with
the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony
concerning the contents of Amendment No. 5 to the Development Agreement and to investigate
and make findings in connection therewith; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the Planning Commission considered all
factors relating to Amendment No. 5 to the Development Agreement and adopted its Resolution
No. PC2019-022 on April 15, 2019, which is incorporated herein by this reference, and
recommended that the City Council approve Amendment No. 1, and made certain findings that
Amendment No. 5 in the form presented at this meeting meets all of the requirements set forth in
Resolution No. 82R-565 (the "Procedures Resolution', which was adopted by the City Council
on November 23, 1982; and
h WHEREAS, the City Council did hold a public hearing on Amendment No. 5 at the Civic
Center in the City of Anaheim on June 4, 2019, at 5:00 p.m., notice of said public hearing having
been duly given as required by law; and
WHEREAS, after careful consideration of the recommendation of the Planning
Commission and all evidence and reports offered at said hearing, the City Council does hereby
find and determine, with respect to the request for the proposed Amendment No. 5, that all of the
conditions and criteria for the approval of said Amendment No. 5 to the Second Amended and
Restated Development Agreement No. 99-01, in the form presented at this meeting, meets all of
the standards and requirements set forth in the Procedures Resolution, that is:
1. The proposed Amendment No. 5 is consistent with the City's General Plan in that
it is in conformance with the General Plan Commercial Recreation land use designation and with
the goals, policies and objectives for The Disneyland Resort Specific Plan as set forth in the
General Plan.
2. The proposed Amendment No. 5 is compatible with the uses authorized in and the
regulations prescribed for the applicable zoning district in that the proposed Amendment No. 5 is
in compliance with the Disneyland Resort Anaheim GardenWalk Overlay requirements.
4
3. The proposed Amendment No. 5 is compatible with the orderly development of
property in the surrounding area in that it is in conformance with and implements The
Disneyland Resort Specific Plan Land Use Plan and the Anaheim GardenWalk Overlay Zone
requirements.
4. The proposed Amendment No. 5 is not otherwise detrimental to the health and
safety of the citizens of the City of Anaheim.
5. The proposed Amendment No. 5 constitutes a lawful, present exercise of the
City's police power and authority under the Statute, the Enabling Ordinance and the Procedures
Resolution.
6. The proposed Amendment No. 5 is entered into pursuant to and is in compliance
with the City's charter powers and the requirements of Section 65867 of California Government
Code and the Procedures Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Amendment No. 5 to the Second Amended and Restated Development Agreement
No. 99-01, in the form presented at this meeting be, and the same is hereby, approved.
SECTION 2.
That the Mayor is hereby authorized to execute and the City Clerk is hereby authorized to
attest said Amendment No. 5 for and on behalf of the City.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 41' day of June, 2019, and thereafter passed and adopted at a
regular meeting of said City Council held on the 18th day of June, 201$, by the following roll call
vote:
AYES: Mayor Sidhu and Council Members Kring, Barnes,
Brandman, Faessel, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: Council Member Moreno
ATTEST:
CI LERK OF TAE CITY OF ANAHEIM
132425
CITY OF ANAHEIM
Exhibit "A"
Legal Description
A.P.N.: 082-551-07
Real property In the City of Orange, County of Orange, State of California, described as follows:
PARCEL A:
PARCEL 7 OF PARCEL MAP NO. 2002-205, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOVA4 ON A MAP THEREOF FILED IN BOOK 3.49, 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. 2007000236251 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' RECORDED JULY 06, 2006 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 BACK OF HOUSE)"
RECORDED MARCH 06, 20D8 AS INSTRUMENT NO. 2008000105435 CF OFFICIAL RECORDS, DESCRIBED
-AS FOLLOWS:
THOSE PORTION OF PARCEL 4 OF PARCEL MAP NO. 2002-205 IN THE CITY OF ANAHEIM, COUIJTY 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 CERTAIN COURSE SHOWN AS BEING "NORTH
001138' 13" EAST 382.50 FEET" IN THE EASTERLY LINE OF PARCEL 6 (LEVEL 1) ON SAID PARCEL MAP
NO. 2002-205; THENCE ALONG SAID EASTERLY LINE SOUTH 000 38' 13" WEST 87.38 FEET; THENCE AT
RIGHT ANGLES TO SAID EASTERLY LINE SOUTH 890 21'47" EAST 3.52 FEET TO A POINT IN A LINE
PARALLEL WITH SAID EASTERLY LINE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
PARALLEL LINE NORTH 00° 38' 13" EAST 85.97 FEET; THENCE SOUTH 891 21'47" EAST 0.40 FEET;
THENCE NORTH 000 38'13" EAST 16.82 FEET; THENCE NORTH 5511 11' 00" EAST 2.13 FEET; THENCE
SOUTH 89° 21'47" EAST 43.01 FEET; THENCE SOUTH OD' 3B'13' WEST- 31.22 FEET; THENCE SOUTH
890 21'47' EAST 23.74 FEET; THENCE SOUTH 00° 38' 13" WEST 44.18 FEET; THENCE NORTH 89° 21'
47' WEST 26.66 FEET; THENCE SOUTH 00" 38' 13" WEST 16.91 FEET; THENCE SOUTH 7210 38' 13"
7
WEST 44.40 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL C(Al) IS AN AIRSPACE EASEME14T WFM AN UPPER ELEVATION LIMIT OF 147.50 FEET. THERE
IS NO LOWER ELEVATION LIMIT.
PARCEL B l :
COMMENCING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH
000 38' 13" EAST 382.50 FEET" IN THE EASTERLY LINE OF PARCEL 6 (LEVEL 1) ON SAID PARCEL MAP
NO. 2002-205; THENCE ALONG SAID EASTERLY UNE SOUTH 00° 38'13" WEST 86.13 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 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
PARALLEL LINE NORTH 000 38' 13' EAST 35.21 FEET; THENCE SOUTH 89"21'47" EAST 37.00 FEET;
THENCE SOUTH 000 38' 13" WEST 7.90 FEET; THENCE SOUTH 890 21' 47" EAST 32.67 FEET; THENCE
SOUTH 00° 38' 13" WEST 4.68 FEET; THENCE SOUTH 720 38' 13" WEST 73.25 FEET; TO THE TRUE
POINT OF BEGINNING.
PARCEL C(Bl) 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(A1) AND C(Bl) ARE BASED ON CITY OF ANAHEIM 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 EN'T7TLED 'THE GRANT OF EASEMENT AND AGREEMENT (LOBBY & BACK
OF HOUSE)" RECORDED MARCH 06, 20DB 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 OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 349, PAGES 93
THROUGH 50 OF PARCEL MAPS, 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
0011 39'39" EAST 595.52 FEET" IN THE WESTERLY LINE OF SAID PARCEL MAP NO. 2D02-205; THENCE
ALONG SAID WESTERLY LINE NORTH 00c39'39" EAST 64.60 FEET; THENCE AT RIGHT ANGLES TO
SAID WESTERLY LINE SOUTH 890 20'21 ' EAST 13.93 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 890 21'47" EAST 43.70 FEET; THENCE SOUTH 00° 38'13" WEST 0.50 FEET; THENCE
SOLfTH 890 21' 47" EAST 43.63 FEET; THENCE SOUTH 00° 38' 13" WEST 20.14 FEET; THENCE SOUTH
890 21'4T' EAST 25.39 FEET; THENCE SOUTH 0011 38' 13" WEST 33.44 FEET; THENCE NORTH 890 21'
47" WEST 98.02 FEET; THENCE NORTH 000 38' 13" EAST 9.41 FEET; THENCE NORTH 890 21'47" WEST
14.69 FEET; THENCE NORTH OD° 38' 13" EAST 44.67 FEET TO THE TRUE POINT OF BEGINNING.
THIS IS A14 AIRSPACE EASEMENT WITH AN UPPER ELEVATION LIMIT OF 200.OD FEET. THERE IS NO
LOWER ELEVATION LIMIT,
EXCEPTING THEREFROM ANY POR71ON THEREOF LYING WITHIN PARCEL 7 AS SHOWN ON SAID
PARCEL MAP NO. 2002-205 AND AS MODIFIED BY SAID INSTRUMENT 2007000236251 OF OFFICIAL
RECORDS.
THE ELEVATION LIMIT DESCRIBED IS BASED ON CITY OF ANAHEIM BENCH MARK NO. 9A-16 HAVING
9
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 F:
AN EXCLUSIVE EASEMENT FOR AIRSPACE AND INCIDENTAL PURPOSES AS MORE PARTICULARLY
DESCRIBED IN THE DOCUMENT ENTTTLED "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 PORTION OF PARCEL 4 OF PARCEL MAP NO. 2002.205 IN THE CITY OF ANAHEIM, 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:
COMMENCING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH
890 21'47" WEST 206.00 FEET" IN THE NORTHERLY LINE OF AIRSPACE PARCEL 7 OIJ SAID PARCEL
MAP NO. 2002-205; THENCE ALONG SAID NORTHERLY LINE SOUTH 890 21' 47" EAST 1.45 FEET TO
THE TRUE P0114'T OF BEGINNING; THENCE AT RIGHT ANGLES TO SAID NORTHERLY LINE NORTH 000
38' 13" EAST 11.25 FEET; THENCE NORTH 450 38' 13" EAST 3,54 FEET TO A LINE PARALLEL. WITH AND
13.75 FEET NORTHERLY OF SAID NORTHERLY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 890
21' 47" EAST 63.50 FEET; THENCE SOUTH 000 38' 13" WEST 15.00 FEET; THENCE NORTH 890 21'47"
WEST 66.00 FEET; THENCE NORTH 000 38113" EAST 1.25 FEET 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 WITHIN SAID AIRSPACE PARCEL 7.
THE ELEVATION LIMIT DESCRIBED IS BASED ON CITY OF ANAHEIM 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.
1:1
LEGAL DESCRIPTIOI S OF THE PROPERTY
REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA DESCRIBED AS FOLLOWS:
Meludyland Parcels:
PARCEL A
THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY
1320.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOVi?NSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, LN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE WEST 720.00 FEET.
ALSO EXCEPT THE NORTH 60.00 FEET.
PARCEL B
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJO1�T DE SANTA
ANA, IN THE CITY OF AATAHE]K COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY REORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER,
THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER, THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF
SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 00 16'30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO
TEE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO
ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1979
INBOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST 486.49 FEET
ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE
SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED
RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 453, OF OFFICIAL
RECORDS; THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF SAID
LAND CONVEYED TO REA. TO THE NORTHEAST CORNER THEREOF;
10
THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE
TRUE POINT OF BEGINNING.
EXCEPT THE 117EST 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.
Zaby's Parcel:
LOTS 1 AND 2 OF TRACT 3330: IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA.; AS PER MAP RECORDED IN BOOK 113,
PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUN'T'Y_
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF
ANAHEIM BY DEED RECORDED JULY 30,1997 AS INSTRUMENT NO. 97
0359942, OFFICIAL RECORDS.
Berger Parcel:
LOTS 4 AND 5 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED INBOOK 113,
PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
Rist Parcel:
Parcel 1:
THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF
SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10,
MISCELLANEOUS MAPS,_ RECORDS OF SAID ORANGE COUNTY, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTH`% rTST CORNER OF SAID SOUTHEAST
QUARTER THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER THENCE EAST 833.51 FEET PARALLEL 1,'ITH THE
11
SOUTH LIl�E OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 00 16'30" EAST 675.11 FEET TO A POINT, SAID
POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO ALWYN S_ JEWEL, AND LUCILLE G_ JEWELL,
RECORDED OCTOBER 5,1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS:
THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,
486.49 FEET TO THE SOUTREAST CORNER OF LAND CONVEYED TO DONALD
F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543;
OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND
CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF-,
THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE
TRUE POEN T OF BEGINNING;
EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET;
ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN
KATELLA AVENUE, 120 FEET WIDE.
Parcel 2:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF
RECORDED IN' BOOK 51, PAGE 10 MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER: THENCE EAST 833.51 FEET PARALLEL NkUH THE
SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF
BEGINNING THENCE 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 LUCILLE G_ JEWELL,
RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS;
THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,
486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD
F_ REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543,
OFFICIAL RECORDS: THENCE NORTH ALONG THE EAST LINE OF SAID LAND
CONVEYED TO ILEA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF;
THENCE VdEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE
TRUE POINT OF BEGINNING.
EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED IATITIIN KATELLA
AVENUE. 120.00 FEET VSIIDE_
ALSO EXCEPT THEREFROM THE NORTH 315 FEET.
12
ALSO EXCEPT THEREFROM THE WEST 292 FEET_
U rsini Parcel:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON`T A MAP RECORDED INT BOOK 51:
PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMIAENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER THENCE EAST 833.51 FEET PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHEAST QUARTER THENCE SOUTH 0° 16' 30",
EAST 675.11 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO
BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED
TO ALWYN S. JEV t= AND LUCII •I F G. JEAT IL: RECORDED OCTOBER 5,
1959 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS; THENCE NORTH 00 16'
30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE
EAST 150.00 FEET PARALLEL V%TI''TH THE SOUTHERLY LINE OF SAID
SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30" EAST, 360.00 FEET
PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO
JEWELL TO THE SOUTHERLY LINE OF SAID SECTION; THENCE WEST
ALONG THE SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE
POINT OF BEGINNING_
EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING
SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FINAL ORDER OF
CONDEMNATION DATED JANUARY 30, 1998, CASE NO. 782833 OF THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF
WIUCH WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO_
19980071981 OF OFFICIAL RECORDS.
Cite Parcel:
THE NORTHERLY 280.35 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 I:
13
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AVAA N?dNZ=)E CEVS 30 = HJf10S 311.E ONOTV 30N3H.L `90LIA 1933
00'09 `AVM .LKVNC2HlH 40 3NI'I A rd3 J fIOS 3H.L NO IMOd d OZ 133.19£M
,IS911A ..ZZ ,£T .0 11Z2ION 30N3H.L `.LH33 99'8£ ZSVH AE ,i,9 068 FUMON HONMU
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APN: 082-551-01
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082-551-03
082-351-04
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082-551-06
082-551-07
082-551-11
W DISNEY WAY
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' 'ti E- 'Q.f',�L t �+r'�i.N�1,gf72,.yt.• � t°�r�;`r••�S#• _ � i.,; �:,�,.'••i .��
`ii'. = ir..y�t.`''•k`'•,., _,: • VR '}Z��ti�..i •.J+�•'. Y'•F�'rC•
W KATELLA AVE
(� D " 1D•' Source: Recorded Tract Maps anzVor City GIS.
LT
�[t Please note the accuracy is +!- two 4o frve feet.
15
EXHIBIT B
Amendment No. 5 to the
Second Amended and Restated Development Agreement No. 99-01
[ATTACHED]
16
RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
City of Anaheim
P.O. Box 3222
200 S. Anaheim Boulevard, Second Floor
Anaheim, California 92805
Attn: City Clerk
[SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY.]
EXEMPT FROM FEES PURSUANT TO
CALIFORNIA GOVERNMENT CODE §272383
AMENDMENT NO. 5
TO
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO, 99-01
by and between
CITY OF ANAHEIM, a municipal corporation
and
WESTGATE RESORTS ANAHEIM LLC, a Florida limited liability company
AMENDMENT NO.5 TO
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED DEVELOPMENT
AGREEMENT NO. 99-01 (this "Amendment No. 5") dated for purposes of identification only as of
(the "Date of this Amendment No. 5"), is made and entered into between the CITY OF
ANAHEIM, a municipal corporation and charter city ("City"), on one hand and WESTGATE
RESORTS ANAHEIM LLC, a Florida limited liability company ("Westgate Resorts"), on the other
hand.
RECITALS
A. 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.
B. 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 1I, 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.
C. The Original Developer assigned, and GardenWalk Hotel assumed, the Development Agreement
with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of
Second Amended and Restate 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.
D. Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and
the Vacation Ownership Resort No. 1 to Westgate Resorts pursuant to that certain Partial
Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of
February 29, 2008, and recorded in the Official Records of Orange County California on March
6, 2008, as Instrument No. 2008000105443.
E. The Development Agreement addresses, among other things, the Developer's construction of the
Project in phases, requiring that the Developer commence construction of the various Project
Elements within certain time frames.
F. In 2010, GardenWalk Hotel and Westgate Resorts 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, (ii) to require the Commencement of
Construction of Hotels I and 2 to occur on or before May 26, 2011 and (iii) to require the
Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23,
2019. Accordingly, the Development Agreement was amended by that certain Amendment No. I
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. I").
G. GardenWalk Hotel thereafter requested that the City further amend the Development Agreement,
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"), to require the Commencement
of Construction of Hotels 1 and 2 occur on or before May 26, 2013 and the Completion of
Construction and Opening for Business (as defined in Amendment No. 2) occur no later than 36
months after the Commencement of Construction of the Hotels.
H. As the successor in interest to Anaheim GW 11, Katella Anaheim Retail, LLC ("Katella
Anaheim"), thereafter requested an amendment to the Development Agreement, Amendment No.
3 to the Second Amended and Restated Development Agreement No. 99-01, dated as of August
23, 2011 and recorded in the Official Records of Orange County on September 16, 2011, as
Instrument No. 2011000459373 ("Amendment No. 3"), to make changes to the mix of uses and
the square footage of Retail No. 1.
GardenWalk Hotel thereafter requested that the City further amend the Development Agreement,
Amendment No. 4 to the Second Amended and Restated Development Agreement No. 99-01,
dated as of June 4, 2013 and 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, GardenWalk Hotel will
be 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. In
connection with Amendment No. 4, the City Council approved that certain Addendum to the
Pointe Anaheim Initial Study/Mitigated Negative Declaration, dated March 27, 2013 (the "2013
Addendum"), which shall be included in the "Existing Approvals" under the Development
Agreement.
J. Unless otherwise defined in this Amendment No. 5, all capitalized terms shall have the meanings
ascribed to such terms in the Development Agreement, as amended by Amendment No. 1,
Amendment No. 2, Amendment No. 3 and Amendment No. 4. 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.
K. Westgate Resorts has requested the City amend the Development Assurances, set forth in
paragraphs (c) and (d) of Section 3.1.1 of the Development Agreement to extend date upon which
the Commencement of Construction of Vacation Ownership No. 1 is to occur.
L. The City and Westgate Resorts (each, a "Party" and collectively, the "Parties") intend, in this
Amendment No. 5, to amend the Development Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS
FOLLOWS:
SECTION 1. AMENDMENT OF DEVELOPMENT AGREEMENT. The Development Assurances
set forth in paragraph (d) of Section 3.1.1. of the Development Agreement is deleted and replaced
with the following:
(d) Westgate Resorts, as Developer, shall obtain building permits for the
construction of Vacation Ownership Resort No. I on or before December 31, 2019 and
shall Complete Construction and Open for Business no later than twenty-four (24)
months after Commencement of Construction of Vacation Ownership Resort No. 1.
SECTION 2. AMENDMENT OF DEVELOPMENT AGREEMENT. The Conditions of Approval
Relating to Vacation Ownership Resort No. 1 set forth in Section 2.2 of the Development
Agreement is deleted and replaced with the following:
2.2 Conditions of Approval Relating to Vacation Ownership Resort No. 1.
To the extent any of the Conditions of Approval contain any deadlines for the
Commencement of Construction of Vacation Ownership Resort No. 1, Developer shall
obtain building permits necessary to commence construction of Vacation Ownership
Resort No. 1 by December 31, 2019. The amendment of the Development Assurances in
Section 1.1 of this Amendment No. 5 as those amendments relate to Section 3.1.1 (d) of
the Development Agreement and the amendment of the Conditions of Approval set forth
in the preceding sentence of this Section 1.2 are hereby subject to the following
conditions:
On or before June 14, 2010, Westgate Resorts shall submit to the City a
screening plan for the exposed rebar on the upper deck of Parking Structure No. 1 which
is visible from the ground consisting of painted plywood secured to such upper deck and
generally consistent with the screening existing on the southerly edge of upper deck as of
the Date of this Amendment No. 5 (the "Screening Plan") for review and approval, which
approval shall not be unreasonably withheld, conditioned or delayed. On or before
September 30, 2010, Westgate Resorts shall implement the City -Approved Screening
Plan.
SECTION 3. INTEGRATION. Except as expressly provided to the contrary herein, all provisions of
the Development Agreement, as amended, remains in full force and effect. The Development Agreement
and this Amendment No. 5 are collectively referred to as the "Agreement". The Agreement integrates all
of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous
agreements between the Parties with respect to the subject matter hereof.
SECTION 4. EFFECTIVE DATE. This Amendment No. 5 shall take effect upon the date the
ordinance of the City Council of the City approving this Amendment No. 5 takes place.
(Signatures shown on following page)
3
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT NO. 5 OF THE
RESPECTIVE DATES STATED BELOW.
Dated:
ATTEST
CITY CLERK FOR THE CITY OF ANAHEIM
By:
Name: Theresa Bass
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
B
Name: Leonie Mulvihill
132892
"CITY"
CITY OF ANAHEIM
a municipal corporation and charter city
Mayor of the City of Anaheim
Mayor Harry S. Sidhu
"DEVELOPER"
WESTGATE RESORTS ANAHEIM LLC
a Florida limited liability company
By: Westgate Resorts, Inc.,
a Florida corporation
its Manager
Dated:
David S. Sieg , President
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF blYL4
The foregoing instrument was acknowledged before me this NOA-76L r day of 2019,
by David S. Siegel, as President of Westgate Resorts, Inc., a Florida corporation, as M ager of Westgate
Resorts Anaheim LLC, a Florida limited liability company.
(Seal)
Personally known: V-
OR
OR Produced Identification:
Type of Identification Produced:
Signatuk of Notary Public
Print, Type/Stamp Name of Notary
ro�*pr PLe�� MARIAE SANTIAGO
�j Commission 8 GG 133180
• '�i�
+. o� Expires October 31,2021
ftr4WTtn1Ud"N0WySw h -
EXHIBIT "A"
Legal Description
[TO BE ATTACHED}
Real property in the City of Orange, County of Orange, State of California, described as follows:
PARCEL A:
PARCEL 7 OF PARCEL MAP NO. 2002-205, 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. 2007000236251
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' RECORDED JULY 06, 2006 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 BACK OF
HOUSE)" RECORDED MARCH 06, 2008 AS INSTRUMENT NO, 2008000105435 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
THOSE PORTION OF PARCEL 4 OF PARCEL MAP NO. 2002-205 IN THE CITY OF ANAHEIM, 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 AI:
COMMENCING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING
"NORTH 000 3811311 EAST 382.50 FEET" IN THE EASTERLY LINE OF PARCEL 6 (LEVEL 1) ON SAID
PARCEL MAP NO. 2002-205; THENCE ALONG SAID EASTERLY LINE SOUTH 000 38' 13" WEST 87.38
FEET, THENCE AT RIGHT ANGLES TO SAID EASTERLY LINE SOUTH 89° 21'47" EAST 3.52 FEET TO
A POINT IN A LINE PARALLEL WITH SAID EASTERLY UNE AND THE TRUE POW OF BEGINNING;
THENCE ALONG SAID PARALLEL LINE NORTH 000 38' 13" EAST 85.97 FEET; THENCE SOUTH 890 21-
47" EAST 0.40 FEET; THENCE NORTH 0011 38'13" EAST 18.82 FEET; THENCE NORTH 550 11'00"
EAST 2.13 FEET; THENCE SOUTH 890 21'17" EAST 43.01 FEET; THENCE SOUTH 00° 38'13" WEST
31.22 FEET; THENCE SOUTH 89° 21'47" EAST 23.74 FEET, THENCE SOUTH 00° 38'13' WEST 44.18
FEET; THENCE NORTH 89`21'17" WEST 26.66 FEET; THENCE SOUTH 001 38' 13" WEST 16.91
FEET; THENCE SOUTH 720 38' 13" WEST 44.40 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL C(Al) IS AN AIRSPACE EASEMENT WITH AN UPPER ELEVATION LIMIT OF 147.50 FEET
THERE IS NO LOWER ELEVATION LIMIT.
PARCEL B 1:
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 NO. 2002-205; THENCE ALONG SAID EASTERLY LINE SOUTH 00138' 13" WEST 86.13
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 AND THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 00° 38' 13" EAST 35.21 FEET; THENCE
SOUTH 890 21' 47" EAST 37.00 FEET; THENCE SOUTH 00° 38' 13" WEST 7.90 FEET; THENCE
SOUTH 890 21'47" EAST 32.67 FEET; THENCE SOUTH 0011 38' 13" WEST 4.68 FEET; THENCE
SOUTH 72° 38' 13" WEST 73.25 FEET; TO THE TRUE POINT OF BEGINNING.
PARCEL C(BI) 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 ANAHEIM 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. 2006000105435 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
THAT PORTION OF, PARCEL 6 OF PARCEL MAP NO. 2002-205, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 349,
PAGES 43 THROUGH 50 OF PARCEL MAPS, 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 8911 20' 21 " EAST 13.93 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 690 21'47" EAST 43.70 FEET; THENCE SOUTH 000 38' 13"
WEST 0.50 FEET; THENCE SOUTH 89° 21' 47" EAST 43.63 FEET; THENCE SOUTH 000 38'13' WEST
20.14 FEET; THENCE SOUTH 890 21'47" FAST 25:39 FEET; THENCE SOUTH 000 38' 13" WEST 33.44
FEET; THENCE NORTH 890 21'47" WEST 98.02 FELT; THENCE NORTH 000 38'2" EAST 9AI FEET;
THENCE NORTH 89" 21' 47" WEST 14.69 FEET; THENCE NORTH 00138' 13" EAST 44.67 FEET TO
THE TRUE POINT OF BEGINNING.
THIS IS AN AIRSPACE EASEMENT WITH AN UPPER ELEVATION LIMIT OF 200.00 FEET . THERE IS
NO LOWER ELEVATION LIMIT.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN PARCEL 7 AS SHOWN ON SAID
PARCEL MAP NO. 2002-205 AND AS MODIFIED BY SAID INSTRUMENT 2007000236251 OF OFFICIAL
RECORDS.
THE ELEVATION LIMIT DESCRIBED IS BASED ON CITY OF ANAHEIM 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 E:
AN EXCLUSIVE EASEMENT FOR AIRSPACE AND INCIDENTAL PURPOSES AS MORE 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 PORTION OF PARCEL 4 OF PARCEL MAP N0, 2002-205 IN THE CITY OF ANAHEIM, COUNTY
OF ORANGES 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:
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, 2002-203; THENCE ALONG SAID NORTHERLY LINE SOUTH 890 21'47" EAST
1.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES TO SAID NORTHERLY
LINE NORTH 000 38' 13" EAST 11.25 FEET; THENCE NORTH 456 38' 13" EAST 3.54 FEET TO A LINE
PARALLEL WITH AND 13.75 FEET NORTHERLY OF SAID NORTHERLY LINE; THENCE ALONG SAID
PARALLEL LINE SOUTH 690 21'47m EAST 63.50 FEET; THENCE SOUTH 000 38'13" WEST 15.00
FEET; THENCE NORTH 89° 21' 47" WEST 65.00 FEET; THENCE NORTH DO' 38' 13" EAST 1.25 FEET
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 WITHIN SAID AIRSPACE PARCEL 7,
THE ELEVATION LIMIT DESCRIBED IS BASED ON CITY OF ANAHEIM BENCH MARK NO, 9A-16
HAVING AN ELEVATION OF 1.34.58 FEET (NGVD 1929) PER RECORDS ON FILE IN THE OFFICE OF
THE CITY ENGINEER OF THE CITY OF ANAHEIM.
APN: 082-551-07
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 Ordinance No. 6467 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 4th day of June, 2019, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 1811 day of June, 2019, by the following vote of
the members thereof:
AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: Council Member Moreno
IN WITNESS WHEREOF, I have hereunto set my hand this 215t of June, 2019.
CITY CLERK F THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin PROOF OF PUBLICATION
2190 S.Towne Centre Place Suite 100
Anaheim, CA 92806 Legal No. 0011284398
714-796-2209
SUMMARY PUBLICATION ,
CITY OF ANAHEIM
ORDINANCE NO.6467
AN ORDINANCE OF THE CITY OF ANAHEIM AP-
5190168 PROVING AMENDMENT NO. 5 TO THE SECOND
AMENDED AND RESTATED DEVELOPMENT
AGREEMENT NO.99-01 BY AND BETWEEN THE CITY
ANAHEIM,CITY OF/CLERKS OFF OF ANAHEIM AND WESTGATE RESORTS ANAHEIM,
200 S ANAHEIM BLVD STE 217 LLC AND MAKING CERTAIN FINDINGS RELATED
ANAHEIM, CA 92805-3820 THERETO; AND AUTHORIZING THE MAYOR TO EX-
ECUTE AND THE CITY CLERK TO ATTEST SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY.
This ordinance approves Amendment No.5 to the Second Amended
and Restated Development Agreement No.99-01 dated as of April 11,
FILE NO. ORD6467 2006,and recorded in the Official Records of Orange County Califor-
nia on June 2, 2006, as Instrument No. 2006000373943 (the "Develop-
AFFIDAVIT OF PUBLICATIONment Agreement"). Amendment No. 5 modifies the Development
Agreement to require building permits for the construction of Vaca-
tion Ownership Resort to be obtained on or before December 31,2019.
STATE OF CALIFORNIA,
S$. I,Theresa Bass,City Clerk of the City of Anaheim,do hereby certify
that the foregoing is a summary of Ordinance No.6467,which ordi-
County of Orange nance was introduced at a regular meeting of the City Council of the
City of Anaheim on the 4th day of June,2019 and was duly passed and
adopted at a regular meeting of said Council on the 18th day of June,
2019 by the following roll call vote of the members thereof:
I am a citizen of the United States and a resident of the AYES:Mayor Sidhu and Council Members Kring,Barnes,
Brandman,Faessel and O'Neil
County aforesaid; I am over the age of eighteen years, and NOES:None
not a party to or interested in the above-entitled matter. I
am the principal clerk of the Anaheim Bulletin, a ABSENT:None
newspaper that has been adjudged to be a newspaper of ABSTAIN:Council Member Moreno
general circulation by the Superior Court of the County of
The above summary is a brief description of the subject matter con-
Orange, State of California, on December 28, 1951, Case tained in the text of Ordinance No.6467,which has been prepared pur-
No. A-21021 in and for the City of Anaheim, County of suant to Section 512 of the Charter of the City of Anaheim. This sum-
Orange, State of California; that the notice, of which the mars does not include or describe every provision of the ordinance
annexed is a true printed copy, has been published in
and not be relied on as a substitute for the full text of the ordi-
each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to wit: To obtain a copy of the full text of the ordinance, please contact the
Office of the City Clerk, (714)765-5166,between 8:00 AM and 5:00 PM,
Monday through Friday. There is no charge for the copy.
06/27/2019
Published Anaheim Bulletin June 27,2019 11284398
I certify(or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: June 27, 2019.
q
Liji) C„
Signature
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 Ordinance No. 6467 and was published in the Anaheim Bulletin on the 27th
day of June, 2019, pursuant to Section 512 of the City Charter of the City of Anaheim.
CITY CLERK • THE CITY OF ANAHEIM
(SEAL)