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RES-2020-135 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder RECORDING REQUESTED BY: 11111111111111111111111 1III NO FEE CITY OF ANAHEIM * $ R 0 0 1 2 4 0 9 8 7 1 $ * 2021000010715 9:23 am 01/07/21 WHEN RECORDED MAIL TO: 227 NCR2 R28 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00 CITY CLERK CITY OF ANAHEIM 200 S.Anaheim Blvd.Suite 217 Anaheim,CA 92805 O : . _�'O timeggpvi ,• F• ..?..„.-6‘6-'' EXEMPT GOVERNMENT AGENCY Per Gov't Code 27383 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NO. 2020-135 RESOLUTION NO. 2020- 13 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC PARK PURPOSES WHEREAS, certain interests were irrevocably offered to the City of Anaheim as a condition of map approval for Tract Map No. 17703,including an offer of Lot A for park and other public purposes, as more particularly set forth in said Tract Map available for review in the Public Works Department; and WHEREAS, the foregoing irrevocable offer of dedication was made in the Ownership Certificate of the subject Tract Map, and the City did not accept the offer at the time of final map approval; and WHEREAS, pursuant to that certain Declaration of Maintenance Covenants dated November 4, 2020 as Instrument Number 2020000631254 recorded in the Office of the Orange County Recorder, Official Records, ("Declaration"), PT Metro, LLC, a Delaware limited liability company, the owner/developer of the property that is the subject of Tract Map No. 17703 and maker of the irrevocable offer of dedication ("Declarant"), Declarant will maintain that park as a continuing obligation, and be subject to the indemnification and insurance requirements set forth in the Declarations; and WHEREAS, all conditions precedent to the acceptance of said irrevocable offer of dedication have been fully met or otherwise have occurred,and all public facilities included therein have been inspected and determined to be acceptable by the Director of Community Services; and WHEREAS,it is desirable and in the best interests of the City of Anaheim to accept said offer of dedication and the facilities described herein. NOW, THEREFORE, BE IT RESOLVED that Lot A of Tract Map No. 17703, including facilities and improvements thereon, as more specifically described in Exhibit "A", attached hereto and incorporated herein by this reference, be, and they are hereby accepted by the City of Anaheim for public park purposes, subject to Declarant's continuing maintenance obligations pursuant to Declarations. /// /// /// /// /// /// /// /// /// THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of November ,2020,by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil NOES: None ABSENT: None ABSTAIN: None CITY F ANAHEIM AA . , /AIA MAY e R li FTTHE I I OF AHEIM ATTEST: CITY CLERK O THE CITY OF ANAHEIM 140302/bmorley EXHIBIT A That certain irrevocable offer of dedication of real property interests for Park and other Public Purposes, as follows: LOT A OF TRACT NO. 17703 FILED IN BOOK 957 PAGES 6 THROUGH 15, INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,AND IMPROVEMENTS THERETO AND AMENITIES THEREON RECORDER. EXCEPTING THEREFROM THOSE PORTION DESCRIBED BY A RESOLUTION OF THE CITY OF ANAHEIM VACATING PORTIONS OF IRREVOCABLE OFFER OF DEDICATION OF EASEMENT FOR STREET,PUBLIC UTILITY AND OTHER PUBLIC PURPOSE AS DESCRIBED IN RESOLUTION 2019-146, RECORDED FEBRUARY 20,2020 AS INSTRUMENT NO. 2020000072225 OF OFFICIAL RECORDS OF SAID COUNTY. • Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorderd IIII 1111111 III IIIA IBi1111I II I111111111111111I II Ill11111111 NO FEE • * $ R 0 0 1 2 2 0 9 2 0 1 $ * 2020000631254 10:08 am 11104120 90 Sec2A D01 C34 14 0.00 0.00 0.00 0.00 39.00 0.00 0.000.000.00 0.00 RECORDING REQUESTED BY . ) . AND WHEN RECORDED MAIL TO: ) ). City of Anaheim ) 200 S.Anaheim Boulevard,2nd Floor ) Anaheim,California 92805 ) Attention:City Engineer ) ) Exempt-Government Agency ) (Government Code 6103 &27383) ) APN:232-121-37,232-121-38 and a portion of 232-121-36 At-it-3'750 •A•PS.`1 [SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY] • DECLARATION OF MAINTENANCE COVENANTS THIS DECLARATION OF MAINTENANCE COVENANTS ("Declaration") is made this 20th day of October, 2020, by PT METRO, LLC, a Delaware limited liability company("Declarant")with reference to the following facts: RECITALS: A. On October 20, 2015, the City Council of the City of Anaheim adopted Ordinance No. 6345 approving that certain Amended and Restated Development Agreement No.2005-00008,dated October 27,2015 and recorded in the Official Records of Orange County California(the"Official Records")on November 13,2015 as Instrument No. 2015000586936, and later amended by Amendment No. 1 to Amended and Restated Development Agreement No. 2005-00008 on May 5, 2019, recorded as Instrument No. 2019000148064 in the Official Records(collectively,the"Development Agreement). B. In connection with approval of Declarant's proposed mixed-use residential and commercial subdivision project ("Project"), the City of Anaheim ("Cj") required Declaration of Covenants imposing maintenance obligations.On September 22,2016,that certain Declaration of Covenants recorded as Instrument No. 2016000458968 in the Official Records. On December 23,2016,a First Amendment to Declaration of Covenants recorded as Instrument No. 2016000653925 in the Official Records and on February 24, 2020, a Second Amendment to Declaration of Covenants recorded as Instrument No. 2020000078097 in the Official Records(collectively,the"Declaration of Covenants"). C. In accordance with the requirements of the Development Agreement and the Declaration of Covenants, the City requires the Declarant to record a declaration of conditions, covenants and restrictions, which shall provide for assumptions by a master association of maintenance obligations. D. Following its dedication to,and acceptance by the City,an approximate 1.2- acre public park and 0.63-acre public park will be developed as part of the Project. The Declarant shall be responsible, at its sole cost and expense, for the ongoing maintenance and repair of the Public Parks (described and defined herein) following its dedication to, • RECORDING REQUESTED.BY• ) : ::: :AND WHEN RECORDED.MAIL TO: ) . :City of Anaheim•:.:.• . • - • • .. ) : . 200.S.Anaheim Boulevard,2nd Floor • ) ' • • .. .. • • :. - • Anaheim,California 92805 • • ) • - ' • ..'-. Attention:Cit .:En ' : - . •: . . • ••- y gmeer. : . ) •=Exempt-Government Agency: ) • • • :. ` (Government Code 6103 &27383)::. • • ) : ' '• • : - '. . -• ' APN: 232-121-37,232-121-38:and a portion of 2327121-36; ••. • . AC-4..-3750 ,�4 .0•y • - .. • [SPACE:ABOVE THIS LINE FOR RECORDER'S IJSE ONLY] •. : ' • DECLARATION OF MAINTENANCE COVENANTS :- • ' ". • • ::THIS DECLARATION OF MAINTENANCE COVENANTS (":Declaration"):is :.. • - '-' - •.. : made•this 20th day of October,.2020, by PT METRO, LLC, a Delaware limited:liability ..• • - . company("Declarant")with reference to the following facts: •• •'' RECITALS: ' • ::A, ' On.October 20, 2015, the City:Council of the City;of Anaheim adopted • '' ::. :`Ordinance: No.:..6345 approving .that certain :Amended and.:Restated::Development •:.:•' : • -''' ... • - .. Agreement-No.2005-00008,dated October:27,201.5:and recorded in.the.Official Records .. • of Orange County California(the"Official•Records')on November 13;•2015 as Instrument -: No.•201500R586936, and later,amended by•Amendment No:.1:to Amended and.Restated.:.. :. : : ' • - • . . - Development Agreement No. 2005-00008 on May S,20.19,recorded'as Instrument No: .. . '. .: .2019000148064:m the Official Records(collectively,the"Development Agreement). :. ::-:. . • : B. In•connection with approval of Declarant'.s proposed mixed-use residential • . ••: -• -• and.commercial subdivision project ("Project"), the City.of Anaheim ("City").required. • • • = • •- ' Declaration of Covenants imposing maintenance obligations, On September 22;:2016,that: certain Declaration Of:Covenants recorded as Instrument.No. 2016000458968 in the- • : Official Records.:On December 23,2016,a First Amendment to-Declaration of Covenants . • :- -recorded.as Instrument No.:2016000.653925'in the Official Record's and on February 24,- ...2020, a:.Second Amendment: to Declaration of Covenants recorded as:Instrument No. : • H •2020000078097 in the Official Records(collectively,the"Declaration of:Covenants"). '• • .• . : C. - -:.In accordance with the requirements of the:Development Agreement and:. : ' ..:1-. . -• •the:Declaration of Covenants;:the.Ci r.:. uires the-Declarant:to record a declaration of ' - conditions, covenants and restrictions, which shall provide for assumptioins:by a master - .: association of maintenance obligations. ‘ - • •D. ' Following its dedication to,and acceptance by the City,an approximate 1:2- - •' acre public park and:0:63-acre:public park will be developed as part:of the Project. me . . • Declarant shall be responsible,at its sole.cost and expense,-for the ongoing maintenance- . - ..• - and:repair Of the Public Parks'(described and defined herein) following its dedication to; . : 37343804.2 :. :. . • • and acceptance by,the City. _ NOW, THEREFORE, in consideration of the above-referenced facts, Declarant hereby declares as follows: 1. Maintenance Covenants.Declarant shall maintain two(2)Public Parks (as defined in the Development Agreement),which shall be known as(1)"Aloe Greens"(more specifically described on a Precise Grading and Drainage Plan GRA2017-03231, on file with the Public Works•Department) and (2) "Aloe Promenade" (more specifically described on a Precise Grading and Drainage Plan GRA2019-03506,on file with the Public Works Department)both described in Exhibit"A"and depicted in Exhibit"B"(hereinafter Aloe Greens and Aloe Promenade are collectively referred to as the "Parks") attached hereto and incorporated herein and all improvements related to the Parks thereon,including but not limited to lighting and signage and other facilities as maybe required from time to time to maintain and operate the Parks in good condition, including regular removal of debris,waste and.graffiti,and in compliance with all applicable provisions of the Anaheim Municipal Code. Declarant shall maintain in accordance with the Maintenance Standards (as hereinafter defined)the improvements and landscaping on the Parks.Such Maintenance • Standards shall apply to those improvements noted or shown on Exhibit "B" attached hereto and incorporated herein (the "Improvements"), including but not limited to all structures, signage, common amenities, lighting, landscaping, irrigation of landscaping, fencing, artificial turf, architectural elements identifying the Park and any and all other improvements on the Parks. In addition to the maintenance of the Improvements, the Declarant's maintenance obligations shall include subsurface and above-ground irrigation • facilities and restoration of any and all.landscaping for the Parks, hardscape, concrete • pavers,trees,irrigations and improvements related to the Parks that may become damaged • during any excavations,repair or replacement of City owned recycled water facilities.'To accomplish the maintenance obligations, Declarant shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance obligations,including but not limited to the provision of labor, equipment, materials, support facilities,and any and all other items necessary to comply with the requirements of this Declaration. Declarant shall, at Declarant's.sole cost and expense, perform, or cause to be performed,all work required by this Declaration in accordance with City's reasonable standards and _ procedures, including but not limited to any right-of-way construction permits, if • applicable, and subject to compliance with all applicable federal, state and local statutes and regulations. (a) Park Maintenance Standards. Declarant and its maintenance staff, contractors or subcontractors shall comply with the following standards as to the Park (collectively,the"Park Maintenance Standards"): (1) The Parks shall be maintained in conformance and in compliance with the approved final as-built plans. The Parks shall be maintained in good condition and in accordance with reasonable maintenance standards, which comply with the industry standard for comparable, similarly-situated municipal parks located in the • 37343804.2 2 • • County of Orange. (2) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (3) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks,paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is • unsafe or unsightly; removal of all trash, litter and other debris from improvements and - landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of.the day on which the maintenance operations are performed to ensure that all cuttings,weeds;leaves and other debris are properly disposed of by maintenance workers; • and.removal of trash from trash and waste containers provided for that purpose on at least a daily basis. • (b) Repair and Replacement Obligations for the Park. In addition to compliance with the Maintenance Standards,Declarant shall perform the following repairs and replacements to the Parks as needed to keep all Improvements in a clean, good, safe, working, and workmanlike condition as detailed in the aforementioned Development Agreement, Declaration of Covenants and forthcoming CC&R's;provided that upon the request of Declarant,the City's Director of Community Services,in his or her sole and absolute discretion,may grant a waiver or deferral of the Park Maintenance Standards(or any portion thereof). Declarant shall keep such records • of repairs and replacements as are necessary to prove performance of the Park Maintenance Standards. • • • 2. City's Consent and Acknowledgement;Notice of Deficiency. City agrees to notify Declarant in writing if the condition of the Parks does not meet with the Park Maintenance Standards,and to specify the deficiencies and the actions required to be taken by Declarant to cure the deficiencies. Upon notification of any maintenance deficiency, Declarant shall have fifteen (15) calendar days within which to correct, remedy or cure the deficiency, provided that if such deficiency is of a nature that more than.fifteen (15) days is reasonably required to correct,remedy or cure the same,then such fifteen(15)-day period shall be•extended for such additional reasonable periods of time upon prior written notice to City. Notwithstanding the foregoing, if the written notification states the problem is urgent relating to the public health and safety,then Declarant shall have forty- eight(48)hours from receipt of such written notification to correct; remedy or cure such problem. In the event Declarant•does not maintain the Parks in the manner set forth herein and in accordance with the Park Maintenance.Standards, City shall have, in addition.to any other rights and remedies hereunder,the right to maintain the Parks,or to contract for the correction of such deficiencies, after written notice to Declarant, and Declarant shall 37343804.2 3 • • be responsible for the payment of all such reasonable documented out-of-pocket costs actually incurred by City to perform the obligations of Declarant under this Declaration. 3. Satisfaction of Conditions. This Declaration is intended to satisfy those conditions described in in Section 9.32 of the Development Agreement, as well as Condition No.7 in Exhibit"C"of the Development Agreement. • • 4. Not a Public Dedication. It is the Declarant's. intention that this Declaration shall be strictly limited to the purposes expressed in the Declaration, and nothing in this Declaration shall be deemed to be a gift or dedication of any portion of the Project, including the Parks, to the general public or for the general welfare for any specific purpose. • • 5. Severability. If any clause, sentence or other portion of this Declaration shall become illegal,null or void for any reason,or shall be held by any court of competent jurisdiction to be so,the remaining portion shall remain full force and effect. • 6. Covenants Running With the Land. The covenants and restrictions set forth in this Declaration constitute a general scheme for the development, protection and • maintenance of the Parks. Said-covenants and restrictions are for the benefit of the Parks . and shall bind all owners of the Parks. Such covenants shall be a burden upon;and a benefit to, not only the Declarant but also its successors and assigns. City and Declarant acknowledge that the master association for the Project will ultimately become the • Declarant for purposes.of this Declaration after the master association is formed and Declarant assigns the obligations under this Declaration to the master association. Declarant shall provide at least ten (10) days' prior'written notice'to the City of such assignment by Declarant to master association and provide a copy•of the recorded instrument in the Offcial•Records of such assignment by Declarant to master association. Each covenant and restriction contained in this Declaration is a covenant running with the land or an equitable servitude upon the land,as the case may be,binding upon and inuring to the benefit of each heir,assignee and successor-in-interest of Declarant as the owner of all or any portion of the Park,and the term"Declarant,"as used herein,shall be deemed to include such heirs, assigns and successors-in-interest. Each deed, lease or conveyance of all or any portion of the Park (but expressly excluding residential apartment, live/work and/or retail space leases), or any interest therein, shall be subject to all the provisions of • this Declaration. 7. Exhibits. All exhibits to this Declaration are incorporated by this reference. 8. Construction. This Declarationshall be construed in accordance with the laws of the State of California. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. If any term, provision or condition contained in this Declaration (or the application of any such term, provision or condition) shall to any extent be invalid or • 37343804.2 4 • • unenforceable, the remainder of this Declaration shall be valid and enforceable to the fullest extent permitted by law. In this Declaration,whenever the context requires, the singular number includes the plural and vice versa, and the masculine and neuter gender shall be mutually inclusive. 9. City's Enforcement Rights. The City is deemed to .be an intended beneficiary of this Declaration, and'has the right, but not the obligation, to enforce the provisions of this Declaration by any legal or equitable means(including injunctive relief) against such person or persons in actual possession of the Parks or any who directly or through any agent violate(s)the terms hereof. In the event any legal action is instituted by the City to enforce the terms of this Declaration, the prevailing party shall be entitled to reasonable attorneys' fees and all fees, costs, and expenses incurred on any appeal or in collection or enforcement of any judgment. The rights of the City under this Declaration shall not be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Park. 10. Indemnification. Declarant shall defend, indemnify, assume all responsibility for, and save and hold the City and its elected and appointed officials, officers, employees, agents and representatives (collectively, "Indemnitees") harmless from any and all claims, causes of action, settlements, court damages, demands, defense • costs, reasonable attorneys' fees, expert witness fees, and other legal expenses, costs of evidence of title,costs of evidence of value, and other expenses which-they may suffer or incur and any liability of any kind or nature arising from or relating to damages to property or injuries to persons directly or indirectly related to or in connection with Declarant's operation, maintenance, management, or ownership of the Parks, including accidental death(including reasonable documented actual attorneys' fees and costs), with respect to such damage as may first accrue before termination of this Declaration. Declarant shall have the obligation to defend any such action; provided, however, that this obligation to defend shall not be effective if and to the extent that Declarant determines in its reasonable discretion that such action is meritorious or that the'interests of the parties justify a compromise ora settlement of'such action, in which case Declarant shall compromise or settle such action- in a way that fully protects. the Indemnitees from any liability or obligation. In this regard,Declarant's obligation and right to defend shall include the right to hire(subject to reasonable written approval by City)attomeys.and experts necessary to • defend,the right to process and settle reasonable claims,the right to enter into reasonable settlement agreements and pay amounts as required by the terms of such settlement, and the right to pay any judgments assessed against Declarant or any other.Indemnitees. If Declarant defends any such action, as set forth above, (i) to the extent of Declarant's indemnification obligations as set forth herein, Declarant shall indemnify and hold • harmless Indemnitees from and against any claims,losses,liabilities,or damages assessed or awarded against any of them by way of judgment,settlement,or stipulation,and(ii)City .shall be entitled to settle any such claim only with the written consent ofDeclarant and any settlement without Declarant's consent shall release Declarant's obligations under this- Paragraph 10 with respect to such settled claim. At the request of Declarant, City shall 37343804.2 • 5 • • cooperate with and assist Declarant in its defense of any such claim, action, suit, . . proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense;provided that City shall not be obligated to incur any expense in connection with such cooperation or assistance. Notwithstanding the foregoing, Declarant shall not be • obligated to indemnify or defend the Indemnitees to the extent such claim is occasioned by the negligence,willful misconduct, illegal acts or fraud of any of the Indemnitees. • 11. Insurance. Declarant agrees to secure and maintain, or cause to be secured and maintained, for the duration of the Maintenance Obligations for the Park Improvements set forth in this Declaration,commercial general liability insurance(written on an occurrence,form) in an amount not less than $1,000,000 .per occurrence and automobile liability insurance in an amount not less than $1,000,000 per occurrence. Declarant agrees to (i)tohave the City of Anaheim, its officials,officers, and employees, added, by endorsement, as additional insureds on the general liability policy, and (ii) require, by endorsement, that the insurer endeavor to provide the City of Anaheim with thirty(30)days'prior written notice prior to cancellation of the insurance required herein. Prior to the City's acceptance of the Improvements under this Declaration,Declarant shall provide certificate(s)of insurance evidencing the insurance coverage required herein. 13. Counterparts. This Declaration may be executed and acknowledged in counterparts,each of which shall be an original and all of which when taken together shall constitute one and the same instrument. [Remainder of page intentionally left bank;signatures on the following pages] • • • 373438042 • 6 IN WITNESS WHEREOF,this Declaration has been executed by Declarant of the date first above written: "DECLARANT" PT METRO, LLC, a Delaware limited liability company By: Lennar Homes of California,-Inc.; a.California corporation Its:Sole Member By:. . .. Name; ta-).: : % Title:: Ali� , pCal 37343804.2 CONSENT AND ACKNOWLEDGEMENT - The City of Anaheim isorganized and.existing under the laws of the State.of California.as amunicipal corporation and charter.city("City"). The Cityexpressly acknowledges and consents to the provisions,covenants, conditions and restrictions created by the foregoing DECLARATION OF COVENANTS ("Declaration") and: thisconsent is made on the understanding that the City does not assume any ofthe obligations of Declarant or.any. Owner ofthe Proper'e . (asthose'terms are defined in the Development Agreement);or any portion thereof, or any:successors or assigns under the.Declaration: - " The undersigned individual hereby certifies that he she is:.duly authorized to sign, acknowledge and deliver this Consent and Acknowledgement. "CITY".. CITY OF ANAHEIM, a municipal corporation and charter city • Rudy.Emami Director of Public Works APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY • 13y:k_ �e •''46_ / ►l l n or-ley. . . • �eputy City Atto iey.. 139787 ATTE • 4001.. • 1r 1 rti ! jI By• _6 Theresa Bas • City Clerk 37343804.2 8 ACKNOWLEDGEMENT A notary public:or.other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is • attached, and not the truthfulness, accuracy, or validity of that document: STATE OF CALIFORNIA ) ss. COUNTY OF orctO9:.c'' ..). On (�C-f i o 2Z 202() , before me, \ict')r1CA 1140 61f i'ii ,u ev , a Notary Public,personally appeared C �ia:11 �y wWo ved to me on the basis of satisfactor evidence to be the P whose name(s) is/atmsubscribed to the within instrument and acknowledged to me that he/s14.1t-hey executed thesame in his/herleir_authorized .capacity(ie 3, and that by. his/l r signature(- j'on the:instrument the person(s);or the entity.upon behalf of which the person(s)acted,executed the instrument.. I:.certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct: WITNESS.my hand and official seal: .;o:; vICTORIAiHAO=vr:NcuYtrr S-- Notary Public-California 2 . Orange County . . My Apr 29,2022.. Commission p 22 Signature . . . Commainm Expires. Ap .. ` (SEAL) 37343804.2 9 . A.Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document... STATE OF.CALIFORNIA ): )ss. COUNTY OF:ORANGE ) • On October:29, 2020 -- before me, Jennifer L. Hall, Notary Public, - personally appeared_. _-_ _Rudy Homan.Etnami who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/their authorized capacity(ies),.and that by. his/her/their signature(s) on the instrument the;.person(s),.or\the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY.OF PERJURY under the laws of the State of California that . the foregoing.paragraph is true and correct. ' li, ,,-,... .' JENNIFER L.HALL . .. WITNESS my-hand and;official seal. 2 *. Notary Public California 's' . Orange County - : Conlmiisionq 213903. C9MilComm.tizpiresi C.13 2021. N., .r . [Seal.] EXHIBIT "A" LEGAL DESCRIPTION OF THE PARKS All that certain real property located in the City of Anaheim,County of Orange, State of f.: California more particularly:described:as: ALOE GREENS LOT A OF TRACT NO. 17703 FILED IN BOOK 957 PAGES 6: THROUGH 15; INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE ORANGE. COUNTY RECORDER. EXCEPTING THEREFROM THOSE PORTION DESCRIBED BY A RESOLUTION OF THE CITY OF ANAHEIM VACATING PORTIONS OF IRREVOCABLE OFFER OF. DEDICATION OF EASEMENT, FOR STREET, PUBLIC UTILITY AND OTHER PUBLIC PURPOSE AS DESCRIBED. IN. RESOLUTION. 2019-146, RECORDED FEBRUARY 20, 2020 AS INSTRUMENT NO. 2020000072.225 OF OFFICIAL RECORDS OF SAID COUNTY. APN: 232-121-37 ALOE PROMENADE PARCEL A OF LOT LINE ADJUSTMENT NO: LLA-0000792,RECORDED APRIL 7, 2020 AS INSTRUMENT NO.:2020000155598 OF OFFICIAL RECORDS"IN THE OFFICE OF THE ORANGE COUNTY RECORDER, AND MORE PARTICULARLY DESCRIBED AS LOT B OF TRACT NO. 17703 FILED IN BOOK 95.7 PAGES 6 THROUGH 15, INCLUSIVE OF MISCELLANEOUS MAPS.IN THE OFFICE OF THE ORANGE COUNTY RECORDER,TOGETHER:WITH'111E NORTHERLY 78:21 FEET OF THE EASTERLY 37.03 FEET OF LOT 7 OF SAID TRACT NO: 17703: EXCEPTING THEREFROM THOSE PORTION DESCRIBED BY A RESOLUTION OF THE CITY OF ANAHEIM VACATING PORTIONS OF IRREVOCABLE OFFER OF DEDICATION OF EASEMENT FOR STREET, PUBLIC UTILITY AND OTHER PUBLIC PURPOSE AS DESCRIBED IN RESOLUTION 2019-146, RECORDED FEBRUARY 20, 2020 AS INSTRUMENT NO. 2020000072225 OF OFFICIAL RECORDS OF SAID.COUNTY. APN: 232-121-38 AND A PORTION OF 232-121-36 37343804.2 EXHIBIT "B" SITE PLANS OF.THE PARKS.. 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'.""lift.ti- 4 III II 1111\.. , . . ,,,.,.d i • • '' f,..5 . -o 0 0 0 000 .. .b .Cf. _ O 00 ® 4+,(. j no l a~ n. 7 ' ' O --------- MENDIANMEET — -- RCM ..,.•„.•.2 , r•r.,u.aa ,,//s�� Iams ill . LENNAIr *CIf. �. s+nawan••n•n•.n.� bhrb SA.w IC-0.Oi and Y,a••• 1•••••MIC ,• scam Er Co rwebn o.Y.. R. ... .•.• I:11 ISION, kEFF•kE\CES "••`• lift WI...0 a•.1•u•� met,. _ •.:f.n "`�` ,d'---..,. MR APPROVAL RP, PLAN Construction Planw.•_.__ ►r ons ctior a 38 Aloe Greens ct A—Town O + ..=..swuw.rY• _ .... 1"=10.1 .•. BS Ib....... C2 I LC-1.011.11 YR CITY OF ANAHEIMN • oDMnNR710111WYlsoli SHE AMENmESSCHEDULE: _ • � • ..r e T'a _ .. r . .r 0.ye,M .r , I '.'-- .rwr..-ti r err OiO. Q , 00. O , .„1 O O. O 0 CO 0 vu..r/......._.r.. • 1}w-••1.• a� ' ! 111 F{ III f Il.r/ -W -...a..... I.aC{/ 4 AT JO. . d'w,/.J!_ .• • • • ` _ . iwiwe + • :' I - "f 1 1 1 I i�.rf.w�.�+r Q++.. 1 wear_.. SCNIOULW — i . w �....S• ®(r—/-- ., ..... ... • ,b t �+ �C.a...... n.. /� ! 0,..........o.a...r (faun" I IIJJ w sal A/ ® Pi)k—. rwun � , L .. ._.• - itii /..t}ten. m .c. \ 5 � WALL SOMME: • E' t��• w O�1w o Y.e' . - ,en 1.4 © ' ,j•�K la r j ....r.w...(.w.. ,. CO \.- " . _ 1 1J-µ3 a'6�y �\ • +�'x�y .. try( �.rr�nf.worr I aacaw q = • ter / � +,ro•!v" • - \� " E, M1 r • .-• El .......-.r ..(,. • ti, iii, ...,,,i; .„. •,1 I k 1-6 RTE PRARWIUIR SOMME A SF 1 NOUNro A �'A y, yoA '4, 6rir��.'r:y\.0x �% Sketch to Accompany Staff Report—Acceptance of an Irrevocable Offer of Dedication of Aloe Greens Park unto the City of Anaheim November 24, 2020 City Council Meeting cc KATELLA AVE - - _ I t Th \ I I I 1 0 i cc I W I ( I ILI I G I P- 1 2 W I 1 I co I I ' 1 ` I1 < 1 1 l E 1 I I I PARK ST / 1' ; (ALOE GREENS II, I PARK ' �: I , .. . _ _ _ _, MERIDIAN ST la(...,:( _ _ . ^1 1 , , _ _ I I 1, I ti: 1 `IE- 1 1 Q I- oa I• II I- IA 1I I I I, I1 I 112 ZI s II I I i :61- E. GENE AU 4`h / -- / __ 'WAY - GENE AU TRY WAY — A Disclaimer:This is only meant to provide a visual context to the area being accepted by the City Council and has no other role.This sketch does not replace the property descriptions contained in the Resolution and it should not be relied upon as an accurate description of the dedicated area. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2020-135 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of November, 2020 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of December, 2020. CITY CLER•: OF THE CITY O NAHEIM (SEAL) Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder fi IIIV! 111 H OI11IIII IIIllhIIM 1111 NO FEE * $ R 0 0 1 2 2 0 9 2 0 1 $ * 2020000631254 10:08 am 11104120 90 Sec2A 001 C34 14 0.00 0.00 0.00 0.00 39.00 0.00 0.000.000.00 0.00 RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) ) City of Anaheim ) 200 S.Anaheim Boulevard,2nd Floor ) Anaheim,California 92805 ) Attention:City Engineer ) ) Exempt-Government Agency ) (Government Code 6103 &27383) ) ) APN: 232-121-37,232-121-38 and a portion of 232-121-36 •642.-S750 •A .IS. '1 [SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY] DECLARATION OF MAINTENANCE COVENANTS THIS DECLARATION OF MAINTENANCE COVENANTS ("Declaration") is made this 20th day of October, 2020, by PT METRO, LLC, a Delaware limited liability company("Declarant")with reference to the following facts: RECITALS: A. On October 20, 2015, the City Council of the City of Anaheim adopted Ordinance No. 6345 approving that certain Amended and Restated Development Agreement No. 2005-00008,dated October 27,2015 and recorded in the Official Records of Orange County California(the"Official Records")on November 13,2015 as Instrument No. 2015000586936, and later amended by Amendment No. 1 to Amended and Restated Development Agreement No. 2005-00008 on May 5, 2019, recorded as Instrument No. 2019000148064 in the Official Records(collectively,the"Development Agreement). B. In connection with approval of Declarant's proposed mixed-use residential and commercial subdivision project ("Project"), the City of Anaheim ("Cj ") required Declaration of Covenants imposing maintenance obligations. On September 22,2016,that certain Declaration of Covenants recorded as Instrument No. 2016000458968 in the Official Records. On December 23,2016,a First Amendment to Declaration of Covenants recorded as Instrument No. 2016000653925 in the Official Records and on February 24, 2020, a Second Amendment to Declaration of Covenants recorded as Instrument No. 2020000078097 in the Official Records(collectively,the"Declaration of Covenants"). C. In accordance with the requirements of the Development Agreement and the Declaration of Covenants, the City requires the Declarant to record a declaration of conditions, covenants and restrictions, which shall provide for assumptions by a master association of maintenance obligations. D. Following its dedication to,and acceptance by the City,an approximate 1.2- acre public park and 0.63-acre public park will be developed as part of the Project. The Declarant shall be responsible, at its sole cost and expense, for the ongoing maintenance and repair of the Public Parks (described and defined herein) following its dedication to, RECORDING REQUESTED BY ) WHEN RECORDED MAIL TO: ) AND :.. . . ) . City of Anaheim ) • : • . . .. 200.S.Anaheim Boulevard,2nd Floor ) • Anaheim,California 92805 ) • • .. .. Attention: City Engineer : .. : ) Exempt-Government Agency : : (Government Code 6103 &27383)•• ) ) APN: 232-121-37, 232-121-38 and a portion of 232-121-36 3750 .A ./6•y [SPACE:ABOVE THIS LINE FOR RECORDER'S USE ONLY] DECLARATION OF MAINTENANCE COVENANTS • THIS DECLARATION OF MAINTENANCE COVENANTS ("Declaration") is :.. . - made this 20th day of October, 2020, by PT METRO, LLC, a Delaware limited liability • company("Declarant") with reference to the following facts: : RECITALS: A. Ori October 20, 2015, the City:Council of the City'of Anaheim adopted :` • Ordinance No.: 6345 approving .that certain Amended and. Restated: Development :.:" : .. Agreement No. 2005-00008, dated October 27, 2015 and recorded in the Official Records .. of Orange County California(the"Official Records")on November 13,2015 as Instrument: No. 2015000586936, and later amended by.Amendment No:.1 to Amended and Restated. . ; ' Development Agreement No. 2005-00008 on May 5, 2019,. recorded as Instrument No. 2019000148064 in the Official Records (collectively, the"Development Agreement). B. In connection with approval of Declarant's proposed mixed-use residential andcommercial subdivision project ("Project"), the. City of Anaheim :("City").required • Declaration of Covenants imposing maintenance obligations. On September 22,2016,that certain Declaration of Covenants recorded as Instrument No. 2016000458968 in the Official Records. On December 23,2016, a First Amendment to Declaration of Covenants • • recorded as Instrument No. 2016000653925 in the Official Records and•on February 24, • • .2020, a:Second Amendment to Declaration of:Covenants recorded as Instrument No. •-. • •2020000078097'in the Official Records (collectively,the"Declaration of Covenants"). :• • • •- _ C. In accordance with the requirements of the: Development Agreement and . the:Declaration of Covenants, ty: ':the.Ci r:_ uires the Declarant:to record a declaration of . conditions, covenants and restrictions, which shall provide for assumptions by a"master association of maintenance obligations. D. Following its dedication to,and acceptance by the City,an approximate 1:2- • acre public park and 0:63-acre public park will be developed as part of the Project. The Declarant shall be responsible, at its sole cost and expense, for the ongoing maintenance . . and repair of the Public Parks (described and defined herein) following its dedication to, • • :. 37343804.2 • and acceptance by,the City. NOW, THEREFORE, in consideration of the above-referenced facts, Declarant hereby declares as follows: 1. Maintenance Covenants. Declarant shall maintain two (2)Public Parks (as defined in the Development Agreement),which shall be known as(1)"Aloe Greens"(more specifically described on a Precise Grading and Drainage Plan GRA2.017-03231, on file with the Public Works Department) and (2) "Aloe Promenade" (more specifically described on a Precise Grading and Drainage Plan GRA2019-03506,on file with the Public Works Department)both described in Exhibit"A"and depicted in Exhibit"B"(hereinafter Aloe Greens and Aloe Promenade are collectively referred to as the "Parks") attached hereto and incorporated herein and all improvements related to the Parks thereon,including but not limited to lighting and signage and other facilities as maybe required from time to time to maintain and operate the Parks in good condition, including regular removal of debris,waste and graffiti,and in compliance with all applicable provisions of the Anaheim Municipal Code. Declarant shall maintain in accordance with the Maintenance Standards (as hereinafter defined)the improvements and landscaping on the Parks.Such Maintenance Standards shall apply to those improvements noted or shown on Exhibit "B" attached hereto and incorporated herein (the "Improvements"), including but not limited to all structures, signage, common amenities, lighting, landscaping, irrigation of landscaping, fencing, artificial turf, architectural elements identifying the Park and any and all other improvements on the Parks. In addition to the maintenance of the Improvements, the Declarant's maintenance obligations shall include subsurface and above-ground irrigation facilities and restoration of any and alllandscaping for the Parks, hardscape, concrete pavers,trees, irrigations and improvements related to the Parks that may become damaged during any excavations, repair or replacement of City owned recycled water facilities. To accomplish the maintenance obligations, Declarant shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance obligations,including but not limited to the provision of labor, equipment, materials, support facilities,and any and all other items necessary to comply with the requirements of this Declaration. Declarant shall, at DecIarant's sole cost and expense, perform, or cause to be performed, all work required by this Declaration in accordance with City's reasonable standards and procedures, including but not limited to any right-of-way construction permits, if applicable, and subject to compliance with all applicable federal, state and local statutes and regulations. (a) Park Maintenance Standards. Declarant and its maintenance staff, contractors or subcontractors shall comply with the following standards as to the Park (collectively,the "Park Maintenance Standards"): (1) The Parks shall be maintained in conformance and in compliance with the approved final as-built plans. The Parks shall be maintained in good condition and in accordance with reasonable maintenance standards, which comply with the industry standard for comparable, similarly-situated municipal parks located in the 37343804.2 2 County of Orange. (2) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (3) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks,paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings,weeds, leaves and other debris are properly disposed of by maintenance workers; andremoval of trash from trash and waste containers provided for that purpose on at least a daily basis. (b) Repair and Replacement Obligations for the Park. In addition to compliance with the Maintenance Standards,Declarant shall perform the following repairs and replacements to the Parks as needed to keep all Improvements in a clean, good, safe, working, and workmanlike condition as detailed in the aforementioned Development Agreement, Declaration of Covenants and forthcoming CC&R's;provided that upon the request of Declarant,the City's Director of Community Services, in his or her sole and absolute discretion,may grant a waiver or deferral of the Park Maintenance Standards(or any portion thereof). Declarant shall keep such records of repairs and replacements as are necessary to prove performance of the Park Maintenance Standards. 2. City's Consent and Acknowledgement;Notice of Deficiency. City agrees to notify Declarant in writing if the condition of the Parks does not meet with the Park Maintenance Standards,and to specify the deficiencies and the actions required to be taken by Declarant to cure the deficiencies. Upon notification of any maintenance deficiency, Declarant shall have fifteen (15) calendar days within which to correct, remedy or cure the deficiency, provided that if such deficiency is of a nature that more than fifteen (15) days is reasonably required to correct,remedy or cure the same,then such fifteen(15)-day period shall be extended for such additional reasonable periods of time upon prior written notice to City. Notwithstanding the foregoing, if the written notification states the problem is urgent relating to the public health and safety,then Declarant shall have forty- eight(48)hours from receipt of such written notification to correct, remedy or cure such problem. In the event Declarant does not maintain the Parks in the manner set forth herein and in accordance with the Park Maintenance Standards, City shall have, in addition to any other rights and remedies hereunder,the right to maintain the Parks, or to contract for the correction of such deficiencies, after written notice to Declarant, and Declarant shall 37343804.2 3 be responsible for the payment of all such reasonable documented out-of-pocket costs actually incurred by City to perform the obligations of Declarant under this Declaration. 3. Satisfaction of Conditions. This Declaration is intended to satisfy those conditions described in in Section 9.32 of the Development Agreement, as well as Condition No. 7 in Exhibit"C"of the Development Agreement. 4. Not a Public Dedication. It is the Declarant's intention that this Declaration shall be strictly limited to the purposes expressed in the Declaration, and nothing in this Declaration shall be deemed to be a gift or dedication of any portion of the Project, including the Parks, to the general public or for the general welfare for any specific purpose. 5. Severability. If any clause, sentence or other portion of this Declaration shall become illegal,null or void for any reason,or shall be held by any court of competent jurisdiction to be so,the remaining portion shall remain full force and effect. 6. Covenants Running With the Land. The covenants and restrictions set forth in this Declaration constitute a general scheme for the development, protection and maintenance of the Parks. Said covenants and restrictions are for the benefit of the Parks and shall bind all owners of the Parks. Such covenants shall be a burden upon,and a benefit to, not only the Declarant but also its successors and assigns. City and Declarant acknowledge that the master association for the Project will ultimately become the Declarant for purposes of this Declaration after the master association is formed and Declarant assigns the obligations under this Declaration to the master association. Declarant shall provide at least ten (10) days' prior written notice to the City of such assignment by Declarant to master association and provide a copy of the recorded instrument in the Official Records of such assignment by Declarant to master association. Each covenant and restriction contained in this Declaration is a covenant running with the land or an equitable servitude upon the land,as the case may be,binding upon and inuring to the benefit of each heir, assignee and successor-in-interest of Declarant as the owner of all or any portion of the Park,and the term"Declarant,"as used herein, shall be deemed to include such heirs, assigns and successors-in-interest. Each deed, lease or conveyance of all or any portion of the Park (but expressly excluding residential apartment, live/work and/or retail space leases), or any interest therein, shall be subject to all the provisions of this Declaration. 7. Exhibits. All exhibits to this Declaration are incorporated by this reference. 8. Construction. This Declaration shall be construed in accordance with the laws of the State of California. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. If any term, provision or condition contained in this Declaration (or the application of any such term, provision or condition) shall to any extent be invalid or 37343804.2 4 • unenforceable, the remainder of this Declaration shall be valid and enforceable to the fullest extent permitted by law. In this Declaration, whenever the context requires, the singular number includes the plural and vice versa, and the masculine and neuter gender shall be mutually inclusive. 9. City's Enforcement Rights. The City is deemed to be an intended beneficiary of this Declaration, and has the right, but not the obligation, to enforce the provisions of this Declaration by any legal or equitable means(including injunctive relief) against such person or persons in actual possession of the Parks or any who directly or through any agent violate(s)the terms hereof. In the event any legal action is instituted by the City to enforce the terms of this Declaration, the prevailing party shall be entitled to reasonable attorneys' fees and all fees, costs, and expenses incurred on any appeal or in collection or enforcement of any judgment. The rights of the City under this Declaration shall not be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Park. 10. Indemnification. Declarant shall defend, indemnify, assume all responsibility for, and save and hold the City and its elected and appointed officials, officers, employees, agents and representatives (collectively, "Indemnitees") harmless from any and all claims, causes of action, settlements, court damages, demands, defense costs, reasonable attorneys' fees, expert witness fees, and other legal expenses, costs of evidence of title, costs of evidence of value, and other expenses which they may suffer or incur and any liability of any kind or nature arising from or relating to damages to property or injuries to persons directly or indirectly related to or in connection with Declarant's operation, maintenance, management, or ownership of the Parks, including accidental death (including reasonable documented actual attorneys' fees and costs), with respect to such damage as may first accrue before termination of this Declaration. Declarant shall have the obligation to defend any such action; provided, however, that this obligation to defend shall not be effective if and to the extent that Declarant determines in its reasonable discretion that such action is meritorious or that the interests of the parties justify a compromise or a settlement of such action, in which case Declarant shall compromise or settle such action in a way that fully protects. the Indemnitees from any liability or obligation. In this regard,Declarant's obligation and right to defend shall include the right to hire(subject to reasonable written approval by City) attorneys and experts necessary to defend, the right to process and settle reasonable claims,the right to enter into reasonable settlement agreements and pay amounts as required by the terms of such settlement, and the right to pay any judgments assessed against Declarant or any other Indemnitees. If Declarant defends any such action, as set forth above, (i) to the extent of Declarant's indemnification obligations as set forth herein, Declarant shall indemnify and hold harmless Indemnitees from and against any claims, losses, liabilities, or damages assessed or awarded against any of them by way of judgment,settlement,or stipulation,and(ii)City shall be entitled to settle any such claim only with the written consent of Declarant and any settlement without Declarant's consent shall release Declarant's obligations under this Paragraph 10 with respect to such settled claim. At the request of Declarant, City shall 37343804.2 5 cooperate with and assist Declarant in its defense of any such claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense; provided that City shall not be obligated to incur any expense in connection with such cooperation or assistance. Notwithstanding the foregoing, Declarant shall not be obligated to indemnify or defend the Indemnitees to the extent such claim is occasioned by the negligence,willful misconduct, illegal acts or fraud of any of the Indemnitees. 11. Insurance. Declarant agrees to secure and maintain, or cause to be secured and maintained, for the duration of the Maintenance Obligations for the Park Improvements set forth in this Declaration,commercial general liability insurance(written on an occurrence form) in an amount not less than $1,000,000 per occurrence and automobile liability insurance in an amount not less than $1,000,000 per occurrence. Declarant agrees to (i)to have the City of Anaheim, its officials, officers, and employees, added, by endorsement, as additional insureds on the general liability policy, and (ii) require, by endorsement, that the insurer endeavor to provide the City of Anaheim with thirty(30)days' prior written notice prior to cancellation of the insurance required herein. Prior to the City's acceptance of the Improvements under this Declaration,Declarant shall provide certificate(s)of insurance evidencing the insurance coverage required herein. 13. Counterparts. This Declaration may be executed and acknowledged in counterparts,each of which shall be an original and all of which when taken together shall constitute one and the same instrument. [Remainder of page intentionally left bank;signatures on the following pages] 373438042 6 IN WITNESS WHEREOF,this Declaration has been executed by Declarant of the date first above written. "DECLARANT" PT METRO, LLC, a Delaware limited liability company By: Lennar Homes of California, Inc., a California corporation Its: Sole Member By: Name: d . ta-) Title: Jlck- '• tn../ 37343804.2 CONSENT AND ACKNOWLEDGEMENT The City of Anaheim is organized and existing under the laws of the State of California as a municipal corporation and charter city ("City"). The City expressly acknowledges and consents to the provisions,covenants,conditions and restrictions created by the foregoing DECLARATION OF COVENANTS ("Declaration") and this consent is made on the understanding that the City does not assume any of the obligations of Declarant or any Owner of the Property(as those terms are defined in the Development Agreement),or any portion thereof, or any successors or assigns under the Declaration. The undersigned individual hereby certifies that he or she is duly authorized to sign, acknowledge and deliver this Consent and Acknowledgement. "CITY" CITY OF ANAHEIM, a municipal corporation and charter city B Y� Rudy Emami Director of Public Works APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Byh -ice/ •, L A. "n T`'orley ' D eputy City Atto ey 139787 ATTE ' By. Theresa Bass City Clerk 37343804.2 8 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) )ss. COUNTY OF grail e1 ) On OCtDr 22 , 202() , before me, J Ittbri C4 stab--vt.4 Nok u eI/l ,a Notary Public, personally appeared Q IIC1 it ,whb prbved to me on the basis of satisfactory evidence to be the person(4)- whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/she/4;4"y executed the same in his/her/t eir authorized capacity(iee), and that by his/herfteitsignature(s)on the instrument the person(s),or the entity upon behalf of which the person(T)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0. VICTORIA THAO-VY NGUYEN Notary public-California 340,1 Orange County Nirt,;�, Commission K 2240457 N My—Comte.— —Expires— — — Apr 29,2022 Signature (SEAL) 37343804.2 9 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) On October 29. 2020 before me, Jennifer L. Hall, Notary Public, personally appeared Rudy Homan Emami who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or\the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JENNIFER L.HALL WITNESS my hand and official seal Notary Public-California ''. a �' Orange County 1 Commission r 2213903 My Comm.Expires Oct 11,I021 [Seal ) EXHIBIT "A" LEGAL DESCRIPTION OF THE PARKS All that certain real property located in the City of Anaheim,County of Orange, State of California more particularly described as: ALOE GREENS LOT A OF TRACT NO. 17703 FILED IN BOOK 957 PAGES 6 THROUGH 15, INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE ORANGE COUNTY RECORDER. EXCEPTING THEREFROM THOSE PORTION DESCRIBED BY A RESOLUTION OF THE CITY OF ANAHEIM VACATING PORTIONS OF IRREVOCABLE OFFER OF DEDICATION OF EASEMENT FOR STREET, PUBLIC UTILITY AND OTHER PUBLIC PURPOSE AS DESCRIBED IN RESOLUTION 2019-146, RECORDED FEBRUARY 20, 2020 AS INSTRUMENT NO. 2020000072225 OF OFFICIAL RECORDS OF SAID COUNTY. APN: 232-121-37 ALOE PROMENADE PARCEL A OF LOT LINE ADJUSTMENT NO. LLA-0000792, RECORDED APRIL 7, 2020 AS INSTRUMENT NO. 2020000155598 OF OFFICIAL RECORDS IN THE OFFICE OF THE ORANGE COUNTY RECORDER, AND MORE PARTICULARLY DESCRIBED AS LOT B OF TRACT NO. 17703 FILED IN BOOK 957 PAGES 6 THROUGH 15, INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE ORANGE COUNTY RECORDER,TOGETHER WITH THE NORTHERLY 78.21 FEET OF THE EASTERLY 37.03 FEET OF LOT 7 OF SAID TRACT NO. 17703. EXCEPTING THEREFROM THOSE POR"I'ION DESCRIBED BY A RESOLUTION OF THE CITY OF ANAHEIM VACATING PORTIONS OF IRREVOCABLE OFFER OF DEDICATION OF EASEMENT FOR STREET, PUBLIC UTILITY AND OTHER PUBLIC PURPOSE AS DESCRIBED IN RESOLUTION 2019-146, RECORDED FEBRUARY 20, 2020 AS INSTRUMENT NO. 2020000072225 OF OFFICIAL RECORDS OF SAID COUNTY. APN: 232-121-38 AND A PORTION OF 232-121-36 37343804 2 EXHIBIT "B" SITE PLANS OF THE PARKS [Attached on Following Page] 37343804 2 • CONff•11K710N UQY NORf: SITE AMENT6 SCHEDULE:_ J uai PAIIIISIIIIET o • •1 111 . .,.;0.60 a . f ___ ! . L. .. _-{ 0 11.4.4.4.4•••••••••••••••• if 3 .a ...ti .m.. 00 ! r, • 4 r ar+�'irk' .j r©..' .....V.;•‘.-./r*- ''x�.�tnn.W wo.k� p.O ..r..,..�..........ir � R �. w oe... w 1 ( r, ______., _._ _r, I . ......,......., . ..... 1111 • '!71-L- ;© _ Z I®-1bw. o.r�a.. 1• w..r..�. Wig was `•� .. --1 . —►. 1144 c o.00...0 .c... at Poll•Cio Wag. aI .,:. a.a......�.1•Y_ i.Ara. Oh- L ';t7 " _ ♦ — WALL SONIDULIt ':;17.1 I � fii w1 ww... 1 "'" 5J - aMC UV_ d• ass ..� `' lgI-ori•orr Waal lir-�....�..a.... ..a. 444•- � — j •�.. • r w www. .w.. SITE IVEMPTUEE I 1111 rz . w waw ....s. (1 p p I . 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C2 I LC-1.02 w' CITY OF ANAHEIM 0- N ....... a.aI•.r,. .W....l=a........a......Fr....... ..,.,.— Sketch to Accompany Staff Report—Acceptance of an Irrevocable Offer of Dedication of Aloe Greens Park unto the City of Anaheim November 24, 2020 City Council Meeting • KATELLA AVE 1 _.T_______ I I e I Ce • gI � � o W + H Lii I2 II I- a 12 I LU y { , ( Q i II i 2 _ - - _ - - _ - - - - - I I 1 I I PARK ST _ T i OffGI . ° EE. - _ � - - _ __ _ - - I I I t , I CC, z ' I Li; MERIDIAN ST V 1 _ _ _ 1:t; 1 i F •••••=y111•1111111....MMINIIM .11.111. -ommmum 41•11101M0,4e :1 - 1 I '" I'I u I F I ' I .j S l,....„,____ :- w) u ' ' N Ii At/TRY --- WAY_ --- A GENE AUTRY WAY - ---- -- Disclaimer:This is only meant to provide a visual context to the area being accepted by the City Council and has no other role.This sketch does not replace the property descriptions contained in the Resolution and it should not be relied upon as an accurate description of the dedicated area.