Resolution-PC 2005-161~ ~
RESOLUTtON NO. PC2005-161
A RESOLUTION OF TME ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAC OF AMENDMENT NO. 2 TO THE ~IRST AMENDED
AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 BYAND BETWEEN THE CITY OF
ANAHEIM AND ANAHEIM GW, LLC, AND MAKING CERTAIN FINDINGS RELATED THERETO
(ANAHEIM GARDENWALK)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7(commencing with Section
65864) of the Government Code of the State of California (hereinafter the ``Statute") authorizes a city to
enter into a development agreement with any person having a legal or equitable interest in real property
for the development of the property as provided in said Statute; and
WHEREAS, upon request of an applicant, cities are required to establish procedures and
requirements by resolution or ordinance for the consideration of development agreements; and
WHEREAS, the City of Anaheim (hereinafter the "City") did on November 23, 1982, enact
Ordinance Na 4377 (hereinafter the "Enabling Ordinance") which makes the City subject to the Statute;
and
WHEREAS, pursuant to subdivision (c} of Section 65865 of the Statute, the City did on ,
November 23, 1982, atlopt Resolution No. 82R-565 (hereinafter the °Procedures Resolution")
establishing procedures and requirements for the consideration of development agreements upon receipt
of an application by the City; and
WHEREAS, on February 26, 2002, the Anaheim City Council did, by its Resolution Na
2002R-57, approve an Amendment to Conditional Use Permit Na 4078 to permit the Pointe Anaheim
Lifestyle, Retail and Entertainment Complex consisting of up to 634,700 gross sq. ft. of
retail/dining/entertainment uses (which includes a 94,000 sq. ft. aquarium); up to four hotels comprising a
maximum of 1,662 hotel rooms/suites (of which up to 200 units may be Vacation Ownership Resort units)
with approximately 322,071 gross sq. ft. of related accessory uses, of which up to 178,120 gross sq. ft on
top of the parking structure may be used for a hotel conference center {the hotel rooms/suites and
accessory uses would encompass a maximum of 1,370,711 gross sq. ft.); and, a 1,949,800 gross sq. ft.
parking structure with up to 4,800 striped parking spaces and 15 bus spaces with a 10,200 sq. ft. bus
terminal/facility for airport transport and to/from sightseeing venues; with the proposed development
taking place in up to five phases over time; and waiver of the minimum number of parking spaces (6,581
spaces required, up to 4,800 spaces in the parking structure proposed at full project buildout); and
WHEREAS, on March 19, 2002, the City Council did, by its Ordinance No. 5808, (i)
approve the First Amended and Restated Development Agreement No. 99-01 by and betweenthe City of
Anaheim and Excel Pointe Anaheim, LLC, regarding certain Cegulations thaf will govem construction of
the Anaheim GardenWalk project (formerly known as the Pointe Anaheim project); (ii} make certain
findings related thereto, and {iii) authorize the Mayor to execute said agreement for and on behalf of the
City; and
WHEREAS, on January 11, 2005, the City Council did, by its Ordinance No. 5953,
approve Amendment No. 1 to the First Amended and Restated Development Agreement No. 99-01 by
and between the City of Anaheim and Anaheim GW; LLC, as successor-in-interest to Excel Pointe
Anaheim, LLC, and amend subsection 1.43 of Section 1(Definitions) of the Development Agreement to
define the "Outside Initial Phase Commencement Date" to mean February 26, 2006; and
WHEREAS, the 29.1-acre project site is located between Disney Way and Katella
Avenue, and Harbor Boulevard and Clementine Street; that the site is vacant with the exception of 8.8
acres at 1700 S. Harbor Blvd. which is developed with the Anaheim Plaza Hotel and Suites; that the site
is zoned SP92-1 (The Disneyland Resort Speci~c Plan No. 92-1)'consisting of DistriCt A/Po111t2 Allahelm
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Overlay (18.9 acres) and Parking District (the East Parking Area/C-R Overlay/Pointe Anaheim Overlay
(10.2 acres)); and that the site is located in The Anaheim Resort and is designated for Commercial
Recreation land uses by the Anaheim General Plan.
WHEREAS, the Developer, Anaheim GW, LLC (hereinafter the "Developer"), has
purchased an approximately 9.35-acre City-owned property with an option for the City to re-acquire the
property if the Developer fails to meet certain performance milestones; that one such milestone is the
commencement date of the Initial Phase, which is February 26, 2006; that the Developer is unlikely to
meet this milestone because certain modifications to the development proposal are being considered and
will soon be submitted #o the City to be scheduled for consideration by the Planning Commission and City
Council at future public hearings; that the Developer has requested that the City extend the February 26,
2006 date by one year to February 26, 2007 to provide sufficient time to obtain approval of the modified
Anaheim GardenWalk project and amendments to various entitlements under which the project was
approved, including the environmental documentation, the General Plan Land Use Element, The
Disneyland Resort Specific Plan No. 92-1 and Conditional Use Permit No. 4078; and
WHEREAS,' pursuant to the authority set forth in California Government Code Section
65864 et seq. (the "Statute"), City of Anaheim Ordinance Na 4377 (the "Enabling Ordinance") and
Resolution No. 82R-565 (the `Procedures Resolution"); William'J. Stone of Excel Realty Holdings; as :
authorized agent for Anaheim GardenWalk, LLC, has submitted an application for approval of
Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 by and
between the City of Anaheim and Anaheim GW, LLC, to extend the date by which commencement of the
Initial Phase of the Anaheim GardenWalk project (formerly the Pointe Anaheim project) must begin; and
has also submitted, pursuant to Chapters 18.60 (Procedures) and 18.66 (Conditional Use Permits) of the
Anaheim Municipal Code, a request that Conditional Use Permit Na 4078 be amended to extend the date
by which commencement of the Initial Phase of the project must begin; and that said requests for
Amendment to Conditional Use Permit No. 4078 and Amendment No. 2 to the First Amended and
Restated Development Agreement No. 99-01 are joinffy known as the "Proposed Project Actions"; and
WHEREAS, the Anaheim GardenWalk project addressed in Amendment No. 2 to the
First Amended and Restated Development Agreement No. 99-01, a copy of which is attached hereto as
Attachment No. 1 and incorporated herein, encompasses the same area as that addressed in
Amendment No. 1 to the First Amended and Restated Development Agreement No. 99-01; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chambers, 200 South Anaheim Boulevard, in the City of Anaheim on
December 12, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law
and in accordance with the provisions of the Anaheim Municipal Code, Chapters 18.60 (Procedures) to
hear and consider evidence for and against the Proposed Project Actions and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission did, by its Resolution No. PC2005-160, amend
Condition No. 68-A of Resolution No. 99R-136, as amended by Resolution Nos. 2002R-57 and 2004R-
253 and adopted in connection with Conditional Use Permit No. 4078, to specify that "The property
owner/developer shall obtain approva! of Final Site Plans, obtain the appropriate building and other
permits, and commence construction of the Initial Phase on or before February 26, 2007"; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of and based upon all the evidence and
reports offered at the public hearing, does find and determine that Amendment No. 2 to the First
Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and
Anaheim GW, LLC, meets the following standards set forth in the Procedures Resolution:
1. That no modification is proposed to the development proposal, with fhe exception of
extending the commencement date of the Initial Phase for one year until February 26, 2007, and
_2_ PC2005-161
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therefore, the findings made in connection with Ordinance No. 5808, adopted in connection with the First
Amended and Restated Development Agreement, still apply.
2. That the DeVelopment Agreement is entered into pursuant to and in compliance with the
City's charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and
the Procedures Resolution.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the Proposed Project Actions and has found and determined that the
Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration, including Modified
Mitigation Monitoring Plan No. 004, which was previously approved by the City Council on February 26,
2002 in connection with the first amendment to Conditional Use Permit No. 4078 and the First Amended
and Restated Development Agreement No. 99-01, is adequate to serve as the required environmental
documentation for the proposed actions and satisfies all the requirements of CEQA; and further finding
that there is no substantial evidence, with the imposition of the mitigation measures identified in Modified '
Mitigation Monitoring Program No. 004, that the proposed action will have a significant effect on the
environment; and that no further environmental documentation need be prepared for the Proposed
_ Project Actions.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and
determinations, `the Anaheim City Planning Commission does hereby recommend #o the City Council
approval of Amendment No. 2 to the First Amended and Restated Devetopment Agreement by and
between the City of Anaheim and Anaheim'GW, LLC.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 12, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertainin t eal pro dures and may be replaced
by a City Council Resolution in the event of an appeal. ;
~` ~-_.
CHAIR , ANA EIM ANNING COMMISSION
ATTEST:
i ~xl~vi-~-~-- /~%~~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on December 12, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this 1 f~ day of
4. V , 2006.
// .-0'~- l -
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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Attachment No. 1
Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 By and Between
the City of Anaheim
and Anaheim GW, LLC,
as successor-in-interest to Excel Pointe Anaheim, LLC '
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: • •
RECORDING REQUESTED BY )
' AND WHEN RECORDED MAIL TO: )
, )
City of Anaheim )
: 20 South Anaheim Boulevard )
Anaheim, California 92805 )
: Attention: City Manager )
This document is exempt from a recording fee _
pu~suant to Government Code Section 6103.
AMENDMENT NO. 2 TO
FIRST AMENDED AND RESTATED DEVELOPMENT;AGREEMENT
NO. 99-01
By and Between '
THE CITY OF ANAHEIM,
• .
AMENDMENT N0. 2 T0 `
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
NO. 99-O1
This AMENDMENT NO. 2 TO FIRST AMENDED AND RESTATED DEVELOPMENT
AGREEMENT NO. 99-01 (this "Amendment No. 2"), dated for purposes of identification only
as of December l, 2005 (the "Date of Amendment"), is made and entered into by and between
the CITY OF ANAHEIM, a municipal corporation and charter city, (the "City") and
ANAHEIM GW LLC, a Delaware limited liability company, ("Developer").
RECITALS '
A. Tfie City and Excel Pointe Anaheim, LLC (the "Original Developer') entered into tl~at
certain First Amended and Restated Development Agreement No. 99-01 dated as of
February 26, 2002 and recorded in the Official Records of Orange Co.unty California on
December 22, 2003 as Instrument Na 2003001507769 (the "Original Development
Agreement") with respect to that cartain real property described in the "Legal
Descriptions" which are attached hereto as Exhi.bit A and incorporated herein by this
reference. .
B. The City and the Developer, as successor-in-interest to the Original Developer, entered
into that certain Amendment No. 1 to First Amended and Restated Development .
Agreement dated as of December 1, 2004 and recorded in the O£ficial Records of Orange
County California on February 22, 2005 as Instrument No. 2005000132156
("Amendment No. 1."). The Original Development Agreement and Amendment No 1
shall hereinafter be referred to as the "Development Agreement." A11 capitalized terms
set forth in this Amendment No. 2 shall have the meanings ascribed to such terms in the
Development Agreement unless otherwise defined in this Amendment No. 2, Copies of
the Development Agreeinent aze available as a public record in the o~ce of the City
Clerklocated at 200 South Anaheim Boulevard, Anaheim, California.
B. The Development Agreement addresses, amang other things, the Developer's
construction of the Project, requiring that the Developer commence constnzction of the
Initial Phase of the Project on or before February 26, 2006.
C. The Developer has requested that the City amend the Development Agreement to require
the Commencement of Construction of the Initial Phase to occur on or before February
26, 2007:
D. The City and the Developer (each, a"Party" and jointly, the "Parties") intend, in this
Amendment Na 2, to amend the Outside Initial Phase Commencement Date.
, 2'
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NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIDNS CONTAINED HEREIN, THE PARTIES AGREE AS
FOLLOWS;
SECTION 1. AMENDMENT OF DEVELOPMENT AGREEMENT. The Definition of
Outside Initial Phase Commencement Date set forth in Section 1.43 of the Development ~
Agreement is deleted and replaced with the following: _
1,43 "Outside Initial Phase Commencement Date" means February 26, 200T. .
SECTION 2. ~CONDITIONS OF APPROVAL. To the extent any of the Conditions of
Approval contain any deadlines for the Commencement of Construction of the Znitial Phase, such '
deadlines shall be extended to February 26, 2007.
SECTION 3. INTEGRATION. Except as expressly provided to the contrary herein, all
~ provisions of the Development Agreement shall remain in full force and effect. The
Development Agreement and this Amendment No. 2 shall hereinafter be 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. 2 shall take effect upon the date the
ordinance approving this Amendment No. 2 takes effect.
: 3
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IN WITNESS WHEREOF, TIiE PARTIES HAVE EXECUTED THIS AMENDMENT
N0. 2 AS:OF THE RESPECTIVE DATES SET FORTH BELOW:
, "CITY" .
CITY OF ANAHEIM,
a m.unicipal corporation and charter city ,
Dated: By:
CURT L. PRINGLE,
Mayor
ATTEST:
SHERYLL SCHROEDER, CITY CLERK
By:
SHERYLL SCHROEDER
APPROVED AS T4 FORM: '
JACK L. WHITE, CITY ATTORNEY
By:
JOHN E. WOODHEAD IV
Assistant City Attorney
"DEVELOPER"
ANAHEIM GW LLC,
a Delaware lunited liability company
By: ,
a ,
Its:
Dated: By: ,
Name:
Its:
Dated: By: ,
Name:
Its:
59849.1 _
4
• •
State of Califomia )
) ss.
County of )
On , , before me,
(name, title of o~cer. e.g., Jkne Doe, Notary Public )
personally appeared
(name(s) ofsigner(s),~
O personally lmown to me -0R-
o proved to me on the basis of satisfactory evidence
:- to be the person(s) whose name(s) is/are subscribed to the within instnunent and acknowledged to me
that he/she/they executed the same in his/her/their autliorized capacity/ies, and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed
the instrumenf.
Witness my hand and official seaL -
(Signature ofNotary)
Capacity claimed by signer: (`rhts seor~on is oPTroNRt.)
^ Individual
^ Corporate Officer(s):
^ Partner(s):
^ General ^ L'united
o Attomey-in-fact
^ Trustee(s)
^ Guardian/Conservator
^ Other:
Signer is representing:
(name ofperson(s) or entiry(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE Title or Type of Document:
MUST BE ATTACHED
TQ THE DOCUMENT Number of Pages: Date of Document:
DESCRIBED AT RIGHT: Signer(s) Other than Named Above:
• ' •
State of California )
) ss.
_ County of )
On , before me,
~ (name, title of offcer, e.g., Jane Doe, Notary Public")
personallY aPPeared
(name(s) ofsigner(s))
^ : personally known to me -OR-
^" 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 person(s) acted, executed
the instrument.
Witness my hand and official seal.
(Signature ofNotary)
Capacity claimed by signer: (This section is OPTIONAL.J
^ Individual
^ Corporate Officer(s):
^ Partner(s):
^ General ^ Limited
o Attomey-in-fact
^ Trustee(s)
^ Guardian/Conservator
^ Other:
Signer is representing:
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent atta.chment of this certificate to an unauthorized document.
TffiS CERTIFICATE Title or Type of Document;
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages: Date of Document:
DESCRIBED AT RIGHT: Signer(s) Other than Named Above:
• i
EXHIBIT A :
LEGAL DESCRIPTIONS
Melodyland 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, TOWNSHII' 4_
SOUTH, R.ANGE 10 WEST, IN THE RANCHO SAN NAN CAJON DE SANTA
ANA, CITY OF .I~NAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK S 1, PAGE 10 OF MISCELLANEOUS MAPS, IN
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, TOWNSHIl' 4
SOUTH, R.ANGE 10 WEST; IN THE RANCHO SAN NAN CAJON DE SANTA
ANA, IN THE CITY OF ANAHEIM, 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 BEGII~NYNG; THENCE
SOUTH 0° 16' 30" E~ST 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, 1979
IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE BAST 486.49 FEET
ALC?NG 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;
THENCE WEST ALONG THE NORTH LTNE OF SAID LAND OF REA TO THE
TRUE POINT OF BEGINNING.
EXCEPT THE WEST 292.OQ FEET THEREOF.
Exhibit A - Page 1
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ALSO ~XCEPT THE SOUTH 360.00 FEET THEREOF. ~
Hasenyager Parcelc :
LOT 3 OF TRACTNO. 3330, IN THE CTTY 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 ,
OR.ANGE, STATE QE CALIFORNIA, AS PBR MAP RECORDED IN BOOK113,
PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
CbUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF
ANAHEIMBY DEED RECORDED JULY 30, 1997 AS INSTRUMENT NO. 97-
0359942, OFFICIAL RECORDS.
Berger Parcel: .
LOTS 4 AND S OF TRACT NO. 3330, IN THE CTTY OF ANAHEIM, COUNTY OF
OR.ANGE, STATE OF CALIFOItNIA, AS PER MAP RECORDED IN BOOK 113,
PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
Rist Parcel: .
PARCEL 1:
THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF
SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHQWN ON A MAP THEREOF RECORDED lN BOOK 51, PAGE 10,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED
AS FOLLOWS: -
COMMENCIl~TG AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
. QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID
SOUTHEAST QiIARTER; THENCE EAST 833.51 FEET PARALLEL W1TH THE '
SOUTH LINE OF S?sID SOUTHEAST QUARTER TO THE TRUE POINT OF
Exhibit A - Page 2
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BEGINNING; THENCE SOUTH 0° 16' 30" EAST 675.1 l FEET TO A POINT, SAID
POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G: JEWELI,,
RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS;
THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,
486.49 FEET TOTHE 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 REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF;
THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE
TRUE POINT OF BEGINNING, _
EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET;
ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN
I~ATELLA AVENUE, 120 FEET WIDE.
Parcel2
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, R.ANGE 10 WEST, IN THE RANCHO SAN NAN CAJON DE SANTA
ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK S l, PAGE 10 MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMEN~ING 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 WTTH 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, 19591N BOOK 4912, PAGE 102, OFFICIAL RECORDS;
THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUA.RTER,
486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD
F. REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK ~521, PAGE 543,
OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND
CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREQF;
THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE
TRUE POINT OF BEGINNING.
EXCEPT THEREFROM THE SOUTH 60.00 FEET 1NCLUDED WITHTN KATELLA
AVENUE, 120.00 FEET WIDE.
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ALSO EXCEPT THEREFROM THE WEST 292 FEET.
Ursini Parcel:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE l0 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, ,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE QF SAID
SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30",
EAST 675.1'1 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO
BEING 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 OF OFFICIAL RECORDS; TI-iENCE NORTH 0° 16'
30" WEST, 360.00 FEET ALONG THE BASTERLY LINE OF SAID LAND; THENCE
EAST I50.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID
SOUTHEAST QL,IARTER; THENCE SOUTH 0° 16' 30" EAST, 360.00 FEET
PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO
JEWELL TO THE SOUTHERLY L]NE OF SAID SECTION; THENCE WEST ALONG
THE SOUTHERLY LINE OF SAID SECTION ISO.OO FEET TO THE TRUE'POINT
OF BEGTNNING.
EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING
SOUTHERLY OF THE NOR~'HERLY LINE OF THAT CERTAIN FINAL ORDER OF
CONDEMNATION DATED 7ANUARY 30, 1998, CASE NO: 7$2833 OF THE
SUPERIOR COURT OF THE STATE OF CALIFORNiA, A CERTIFIED COPY OF
WHICH WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO.
19980071981 OF OFFICIAL RECORDS.
City Parcel:
THE N.ORTHERLY 280.35 FEET OF PARCLL l, IN THE CITY OF ANAHEIM, COUNTY _
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN
BOOK55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
Pyrovest Parcels:
PARCEL 1:
THE EAST 660.00 FEET OF THE WEST 720.00 FEET OR THE NORTH 585.00 FEET
; Exhibit A - Page 4
~ i
OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22,
TOWNSHII' 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE; STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, THE FOLLOWINGDESCRIBED PROPERTY:
BEGINNING AT A POINT SOUTH 0° 13' 22" EAST 15.03 FEET FROM THE
NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING
ON THE BASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE
SOUTH 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCENORTH
89° 54' 30'° EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED
PARCEL'111.34 FEET; THENCENORTH 0° 13' 22" WEST, PARALLEL TO THE
EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCENORTH 89' S4' 38"
EAST 38:66 FEET; THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE
SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE
SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO
THE BEGINNING OE A CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADNS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE •
THROUGH A CENTRAL ANGLE OF 90° 07' S2" A LENGTH'OF 23.60 FEET TO THE
TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
PARCEL 2:
BEGINNING AT A POINT SOUTH 0° 13' 22" EAST 15.03 FEET FROM THE
NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT -
BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE;
THENCE SOUTH 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET;
THENCE NORTH 89° 54' 30" EAST PAR.ALLEL TO THE NORTHERLY LINE OF
ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13' 22" WEST,
PARALLEL TO THE EASTERLY L1NE OF HARBOR BOULEVARD 30.75 FEET;
THENCE NORTH 89° 54' 38" EAST 38.66 FEET; THENCE NORTH 0° 13' 22" WEST
84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00
FEE~T WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY,
SOUTH 89° 54' 30" WEST 134.97 FEETTO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY AND HAVIl~TG A RADNS OF 15.00 FEET;
THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTR.AL ANGLE OF 90° 07' S2" A LENGTH OF 23.60 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION.
Exhibit A - Page 5