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Resolution-PC 97-134~ ~ RESOLUTION NO. PC87-134 A RESOLUTION OF THE AtJAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VA121ANCE N~. 4316 BE GRAN7ED, IN PART WHEREAS, the Anaheim City Planning Commission did ~eceive a verified Petition for Variance for certain real property situated in the City of Anaheim, County ef Orange, State of Califomia described as: SEE EXHIBIT "A", ATTACHED WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 15, 1897, at 1:30 p.m., notice of said public hearing having been duly given as required by law and ~n accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in cannection therewith; and WHEREAS, said Commission, after d~e inspection, investi~ation and study made by itseif and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests waivers of the following to demolish two existing buildings and construct three new buildings at an existing industrial food processing plant: (a) Sections 18.61.062.011 - Maximum structural heiqht and minimum structurai selback and 18.61.063.020 adiacent to a residential zone. (2'/: to 30 feet high bui(dings perm~tted when located 5 to 60 feet from residential zoning; 38 to 52 feet proposed) (b) Sectio_ n 18•61_~63.012 - 25 feet requ retdrfrom Sant Ana Streeta 10lfeet p opo ed) (c) Sections 18.06.050.031 - Minimum number of parkinq saaces. and 18.61.066.050 (242 required; 1C2 proposed) (d). Sections 18.04.060.013 - Minimum landscaped setback. and 18.61.068.032 2. That waivers (a) and (b) are hereby granted on the basis that there are special circumstances applicable to the property consisting of its location and surroundings, which do not apply to other identically zoned propeRies in the vicinity, because subject property is directly adjacent to a residentiai zone to the west and is intersected by an abandoned street and a raiiroad; 3. That strict appiication of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because strict application of the Code would significantly iimit the ability for this site to expand due to existing buildings on the property, its location between two collector streets and the above-mentioned physical characteristics of the site; and that approved plans show landscaping adjacent :o the residential properties to the west and at the street frontages will buffer the existing and proposed industrial buildings, enhance their aesthetic appearance, and decrease the opportunities for graffiti on the buildin,s; CR305~PL.WP -1- PC97-134 ~ ~ 4. That the proposed parking waiver (c) has been substantiated by a parking study prepared by a registered traffic engineer; and that the City Traffic and Transportation Ma~ager has reviewed said study and concurred that the parking supply is adequate fos the projoct as designed; 5. That waiver (c), under the conditions imposed, wiil not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; 6. That waiver (c), under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinih~ of the proposed use; 7. That waiver (c), under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is nct expressly provided as parking for such use under an agreement in compliance with Section ~i8.06.010.020 af this Code); 8. That waiver (c), under the conditions imposed, will not increase tra~c congestion within the off-street parking areas or lots provided far such ~.ise; 9. That waiver (c), under the conditions imposed, will not impede vetiicular inc~ress to or egress from adjacent properties upon the pubiic streets in the immediate vicinity of the proposed use; 10. That waiver (d), pertaining to minimum landscaped setback, is hereby denied because it was deleted by design changes following public notification; and 11. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT_FINDING: Tnat the Anaheim City Planning Commission has reviewed the proposal to demolish two existing buildings and construct three new buildings a: an existing industrial food processing plant with waivers of maximum structural height and minimum structural setback adjacent to a residential zone, minimum structural setback adjacent to a collector street, minimum nurt~ber of parking spaces, and minimum landscaped setback on a 5.54 acre irregularly-shaped property located south of Broadway, west of the Atchison, Topeka and Santa Fe Railroad right-of-way, north of Santa Ana Street and east of Kroeger Stroet, with ~.pproxima2o frontages of 125 feet on the south side of Broadway, 430 feet on the north side of Santa Ar,a Street and 300 feet on the east side of Kroeger Street (424 South Atchison Street - Firmenich/MCP Fuods); and does hereby approve the Negative Deciaration upon finding that the declaration refler,ts the independent judgement of the lead agency and that it has consiaP~ ed the Negative Declaration together with any comments received during the public review process and .further finding on the basis of th$ initial study and any comments received that there is no substantiai evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVEU that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, in part, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use af the subject property in order to preserve the safety and general welfar~ of the Citizens of the City of Anaheim: 1. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information sha11 be specifica{ly sfiown on the plans submitted for building permits. _2_ PC97-134 . ~ ~ 'Y .. ~ ~ . . ~ .. . . AS C: -- - . ~ ~ ' 2. That a six (6) foot high masonry bioc~< wail shall 6e maintained ;cr c~r tn.ctea, •~ung thr ~•+-: '°t property ~ine adjacent to the RM-1200 residentially zoned prope; ties; ~ro~r ~c:u "::~ .- i:l, ihat the Ci~y Traffic and Transportation Manager shafi have the authority to reduce the heig ~>f the Wai4 to 7-ni~ct visual lines-of-sight where pedestrian an~/or vehicular circulation intersect. 3. That ail lockable pedestrian and/or vehicular access gates shall be equipped with "hr~ox box" devices as required and spproved by the Fire Depar!ment. 4. That fire sprinklers shall be installed as required by the Fire Department. 5. That the property owner shall remove and/or relocate the stairway on the west elevation of Building No. 5 away from the RM-1200 zoned properties to the west. The removal and/or relocation of this stairvvay shall be specificaliy shown on pians submitted for building permits. 6. That any windows on Building Nos. 5 and 8 facing the RM-1200 zoned properties to the west shall be opaque and shall be specifically shown on plans submitted for building permits. 7. That the property owner shall submit detailed elevation drawings of all new buildings to the Zoning Division for review and approval by the Pianning Commission as a"Reports and Recommendations" item. 8. That the property shail be permanently maintained in ~n orderly fashion by providing regular iandscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from the time of occurrence. 9. That fast growing clinging vines (i.e., Boston iey) shall be planted on maximum five (5) feet centers for the Building No. 2 Annex along the south building elevation ;acing Santa Ana Street, along the east bui!ding elevation facin~ the railroad right-of-way, along the west building elevation of Building No. 8 facing KroEger Street and along the north building elevation facing the RM-1200 zoned properties to reduce opportunities for graffiti. 10. That the property owner shall submit detailed landscape and irrigation pians to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plans may be appealed to the Planning Commission andlor City Ccuncil. 11, That any tree or other iandscaping material planted on-site shall be repiaced in a timely manner in the event that it is removed, damaged, diseased andlor dead. 12. ~ hahe Zon'ng D v spon~fordreview nd appro valsby the Plann ngfCommiss ogeas al Reports land Recommendations" item. 13. 7hat trash storage area(s) shall be provided and maintained in location(s) accep~able to the Public Works Department, Streets ~nd Sanitation Division and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. 14. That lighting fixtures in any proposed parking area or other area located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential prQperty lines to protect the residential integrity of the area. Said specifications shall be shown on the plans submitted for building per~its. _3_ PC57-134 ~ ~ 15. That pians shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the iatest revisions of ~ngineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 16. That no required parking area shail be fenced or otherwise enclosed for outdoor storage uses. 17. That the developer shail provide a site plan showing all the property lines, new buildings and setbacks from the property lines. If the new bui{dings do not meet building setback requirements or Building Code requirements relative to prope~ty lines, the legal property owner shall submit a lot line adjustment to the Public Works ~epartment, Development Services Division, to merge or adjust the underlying parcels. Any necessary !ot line adjustment must be approved by the City Engineer prior to issuance of building permit. 18. That the developer shall participate in the ~ity's Master Plan of Storm Drains and Drainage Impact and Improvement Fee program to mitigate existing and future storm drain system deficiencies. Prior to grading plan approval, the developer shall submit a drainage report, prepared by a registered Civil Engineer, to the Public Works Department, Development Services Division. If the proposed development does not increase or redirect cunent storm water flow then no drainage fees will be due. If the proposed development does increase or redirect storm water flow then the devel~per shall be required to guarantee mltigation of the impact, pursuant to the improvements identified in thz Master Plan of Drainage for Drainage District No. 19 and/or pay Storm Drain Impact and Improvement Fee prior to issuance of a building permit. 19. That the developer shall participate in the City's Master Plan of Sewers and reiated Impact and Improvement Fee program to assist in mitigating existing and future system deficiencies. The developE+r shall subnit a sewer capacity report, pre~ared by a registered Civil Engineer, to the Public Works Department, Development Services Division. The repo~t shall adc;ress the sewer realignment due to the, abandonment of the pubic sewer onsite and shall document the existing and proposed sewage flow from the site and the impacts on the City's sewer system. The report shall be based upon data obtained in the Old TownlBasin 8 Sewer Deficiency Study and utilize the City's computerized sewer model. The Old Town/Basin 8 study has identified existing and h~ture deficiencies along Santa Ana Street, and parallei lines, from Anaheim Boulevard to Lemon Street. The developer may be required to construct sewer upgrades prior to issuance of a building permit. 20. That any existing public utility and sewer easements affected by construction of new buildings shall Sectbonnof the Publ chWorks-IEng neeaing D partmentpllThe abandonment must be app oveldPhe C ty Council. 21. That subjec4 property shall be developed substantia~ly in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos.1 through 9, and as con~+itioned herein. 22. That prior to issuance of a buifding permit or within a period of one (1) year from the da:e of this resolution, whichever occurs first, Condition Nos. 1, 5, 6, 7, 10, 13, 14, 15, 17, 18, 19 and 20, above-mentioned, shali be complied with. Extensions for further time to complete said conditions may be granted in accordanca with Section 18.03.090 of the Anaheim tdunicipal Code. 23. That prior to final buildin~ and zoning inspections, Candition Nos. 2, 3, 4, 9 and 21, above-mentioned. sfiall be complied with. ~_ PC97-134 ~ ~ 24. That approval of this application constitutes approval of the proposed request oniy to the extent that it camplies with the Anaheim Municipal Zoning Code and any other applicable City, State and Fe~eral regulations. Approvaf does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoptio~ of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shail be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commiss~on meeting of September 15, 1997. ~~~ ~ ~'~- CHA PERSON, ANAHEIM CITY ~Lr~NNlivC ,^,tJt~Ar,~ISSION ATTEST: SECR TARY, NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify Comm ssion held on September 15 P1997~by h ol ow ng vote of the membersAhereeof: City Planning AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ~~~ day of C~2 //-. IN WITNESS WHEREOF, I have hereunto set my hand this ,tt)1~~. , 1997. ~ l Qil ~ SECRETARY, NAHEIM CITY PLANNING COMMISSION 5_ PC97-134 P.TTACHMENT "A" Order No:7300361 M - DESCRIPTION '` PARCEL A: LOTS 13 THROUGH 23 INCLUSIVE IN BLOCK "G" OF THE HOTEL DEL CAMPO TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24, PAGES 69 AND 70 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THOSE PORTZONS OF SAID LOTS 13 THROUGH 23 INCLUSIVE IN BLOCK "G", DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LIPIE OF SAID LOT 23 DISTANT SOTJTH 75° 25' 14" WEST ALOTIG SAID NORTHERLY LINE 7.73 FEET FROM THE NORTHEAST CORNER OF SAID LOT 23; THENCE SOUTHERLY ALONG THE ARC OF A CURVE FROM WHENCE A TANGENT BEARS SOUTH 2° 32' 14" WEST, CONCAVE WESTERLY AND H1IVING A RADZUS OF 687.338 FEET THROUGH A CENTRAL ANGLE OF 6° 14' 04" A DISTANCE OF 74.79 FEET; THENCE SOUTH 8° 46' 18" WEST TANGENT TO SAID CURVE 103.66 FEET; THENCE SOUTHERLY ALONG THE ARC OF A CUR~/E TANGENT ° AST SAID COURSE, CO*1CA~IE EASTERLY AND HAVING A RADIUS OF 402.229 FEET THROUGI:'A CENTRa.L ANGLE OF 16° 19' S8" A DISTANCE OF 114.66 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 13 DISTANT NORTH 74° 21' S1" EAST ALONG SAID SOUTHERLY LINE 26.69 FEET FROM TFIE SOUTHWEST CORNEk OF SAID LOT 13; THENCE SOUTH 74° 21' S1" WEST ALONG SAID SOUTHERLY LINE 26.69 FEET TO SAID SOUTHWEST CORNER; THENCE NORTH 15° 25' 30" WEST AL•ODIG THE WESTERLY LINE OF SAID LOTS 13, 14, 15 PND 16 ~. llISTANCE OF 70.95 FEET; THENCE NORTH 18° 16' 30" F.AST 50.~1 FEET; THENCE NORTHERLY ALONG THE ARC OF A CURVE, T;iNGENT TO LAST SAID CO"JRSE, CONCAVE WESTERLY AND HAVING A RADIUS OF 66?.338 FEST, THROUGH A CENTRAL~ ANGLE OF 15° 28' 23" A DISTANCE OF 180.22 FEET TO A POINT IN THE NURTHCRLY LINE OF SAID LOT 23 DISTANT SOUTH 75° 25' 14" WEST AI,ONG SAID NORTHERLY LINE 21.00 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 75° 25' 14" EAST ALONG ST.ID NOi?THERLY LINE 21.99 FEnT TO THE POINT OF BEGZNNING. PARCEL B: THAT PORTION OF THE ALLEY ADJOINING SAID LOT 23 ON THE NORTH VACATED AND ABANDONED BX RESOLUTION NO. BOR-561 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED COPY OF WHICH RECORDED JANUARY 30, 1981 IN BOOK ],3932, PAGE 1912, OFFICIAL RECORDS, WHICH '"OliiD PASS BY CF~RATION OF LAW WITH A CONVEYFNCE OF THAT PORTION OF SAID LOT 23 DESCRIBED IN PARCEL A ABO~lE. P,aRCEL C : LOTS ~~1 T:ROliGri 28 ItiCLliSI`iE IN BLOCf "G" OF Tii~ HOT~i D°i C~ti1P0 T?ACT, I;I TvE CTTV pc ~VA'riEIM, CC?UNTY OF OP.i+NGE, STnTfi OF Cr1LIFORti??, RS P~? Nu+P R~CO?DE7 i:7 BOO{ 24, PAG=S 69 AI1D 70 OF MISC=L~IEOUS RECOP.DS OF i.05 r1I`1G :i: ~ COWi TY, C,~T.I:OP..`II;-., I~1 THa OFeICr. OF THE COUNT_Y ?~CORDFP. OF S,~ID COL^•4T'f. ?XC~?T T'r.E~EFROM TiiAT PORT?ON OF S.~1ZD LOT 24 IN Bi,OCK "G" DF.SCRT_BED AS FOLLONS : 3~GINPIING AT THE SOUT?iEAST CORNER O~' SAID LO: 24; T3ENCE SOU'I'Fi 75° 2S' 14" ~'EST (BEARIDIGS ASSUMED FOR ?UP.POSE OF THIS DESCRIPTIOCI) Al.ONG THE SOUTHERL'! LINE CF SAID LOT 24 A DISTANCE OF 24.75 FEET TC THE SOUTHEASTERL,Y CQP.NER OF TfL~.T 1 VARIANCE NC~. ~'31~ ----- --~~~ ~ Order No:7300361 M " ~ ~ DESCI2IPTION ~"' CERTAIN PARCEL OF LAND DESCRIBEA IN PARCEL 2 OF DEED DATED JULY 11, 1955, FROM SANTA FE LAND IIdPROVEMENT COMPP.NY TO E. A. SILZLE: CORPORATION; THENCE NORTHERLI ALONG THE EASTERLY LZNE OF SAID PARCEL 2 THE FOLLOWING COURSES: NORTH 3° OS' 23" WEST 44.06 FEET; THENCE NORTHERLY ALONG THE ARC OF ?. CURVE TANGENT TO LAST SAID COURSE, CONCAVE WESTERLY AND HAVING A RP.DSUS OF 659.69 FEET, THROUGH A CENTRAL ANGLE OF 5'' 24' 23" A DISTADtCE OF 6?..25 FEET; THENCE NORTH 8° 29' 46" 'r1EST TANGENT TO SAID CURVE 29.97 FEET TO A POINT IN THE NORTHERLY LINE OF SAZD LOT 24 DISTANT SOUTH 75° 25' 14" WEST ALONG SAID NORTTiERLY LINE 3.30 FEET FROM THE NOkTHEAST COP~bTER OF SAID LJT 24; THENCE LEAVING SAZD EASTERLY LINE NORTH 75° 25' 14" EAST ALQNG SAID NORTHEF.LY LiNE ~.30 FEET TO SAID NORTHEAST CORNER; THENCE SOUTH 14° 34' 46" EAST ALONG THE EASTERL`L LINE OF SASD LOT 24 A DISTANCE OF 134.50 FEET TO THE IJ.i.NT OF BEGINNING. ALSO EXCEPT THEREFROM LOT5 25, 25, 27 AND 28 IN BLOCK "G" ALL OIL, GAS AND OTHER HYDROCARBON AND MINFRfi;, SC7BS'iANCES LYING NOT LESS THAAT 100 FEET $ELOW THE SURFACE OF SAID LAND WITHOUT 1'eTE P.ZGiiT TO G~~ UPON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXTRACTING SAID OIL, GAS OR O'T'HSR HYllT20CARSON AND MINERAL SUSSTPNCES, NOR FOR ANY PVRPOSE IN CONNECTIC~IQ THEP.EWITH, B'JT SHALL HA4E THE RIGHT TO EXTRACT AND REMOVE SAID OIL, GP.S A:m OTFiER HYDROCARBON AND MINERAL SUBSTANCES BY. ~•iER2JS O'c' :T_~ANT D:2ILLE:L~ WELT_iS. LOCATED ON ADJACEPIT OR NEARBY LAND, OR BY AIQY OTHER t4cA*IS +Tf?ICH SHALL NOT REQUIRB,.ENTRY UPON THE SURFACE OF SAZD LAND, AS RESERVEU IiQ 1'TiF. DEED F3:7M SF+NTA i~'E LAND IMPROVEMENT COMPAATY, A CORPORATION, RECORDED OCTOBER 14, 1955 IN BOOK 3247, PAGE 182, OFFICIAL RECORDS, IN THE OFFI^E OF THE COT_tNTY RECORDER OF SAID ORANGE COUNTY. ALSO EXCEPT FROM SAID PORTION OF LOT 24 IN BLOCK "G" ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCP.Ri:JN AND MZNERAL SUBSTANCES LYING NOT LESS THAN 100 FEET BELOW THE SURFACE OF SAID LAND, WZTHOUT THE RIGHT TO GO UPON THE SURFACE OF SASD LAND FOR THE PURPOSE OF EXTRACTING SAID OZL, GAS AND OTHEF_.t.iKDROCARBON AND MINERAL SUBSTANCES, NOR FOR ANY PURPOSE IN CONNECTION THEREWITH, BUT SHA;~L HAVE T?iE RIGHT TO EXTRACT AND REMOVE SAID OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES BY MEANS OF SLANT DRZLLED WELLS LOCATED ON ADJACENT OR NEARBX LAND, OR BY ANY OTHER MEANS WHICH SHALL NOT REQUIRE ENTRY UPON THE SURFACE OF SAID LAND, AS RESERVED IN Tf~ DEED FROM SANTA FE LAND IMPROVEM~NT COMPANY, A CORPORATION, RECORDED OCTOBER 14, 1955 IN BOOK 3247, PAGE 182, OFFICIAL RECORDS, SN THE OFFICE OF THE COUNTY RECCiRDER OF SAID ORANGE COUNTY. ALSO EXCEPT FROM SAID PORTION OF LOT 24 IN BLOCK "G" AN UNDIVIDED ONE-HALF INTEREST ZN AND TO ALL OF THc MINERALS AND MINERF+L ORES OF EVERY KIPID nD1D CHA3ACTER NOW KNOWN TO EXIST OR H°REAFTER DISCOVERED UPON, WITHZCI OP.iJh^JEP.LYING SAID L~r1ND OR TiiF.::^ MAY BE PRODUCED THERErRO[4 INCI:JDING~ %ITTtIOUT LIMITING, TFi~ GcNERr1LITY O.F THE FOREGOING, ALL PEiROLEUM, OIi, C7nTURrli. GAS iu"1D OTHr.R HYDROCAR50N SU3STAAICES A2v'D PRODU~TS DEP.IVED THEREFROhI, ?GGETHE? WZT:i T:~E ~T-~u'= OF I:IGR~SS A.AiD EGrtESS 3ENEATH THL SLTP.Ft1CL O^ 51ID LnP7D TO E:!2LOP.E rOR, E:?TR:,CT, idI~1 ;?+V'D RHMOVF. THE SAMF, P..^7D TO ~M'1KE SUCH USE OF TeiE Sn:D LJa.^7il 3EL7EAT:^: Tii: SiJr^.FAC~' AS IS NECESSr~ZY OR USEFUL IN COf1NE~:TION Tri=REiiiT3, %~f??ICa USE ~d~.': IPICLUDE LATE~IL OR SLANT DRILLIP7G, BORZNG, DIG~T_NG O~ SI?IKIfJG Or 'rlELLS, SF.~FfS OR TUNiQELS; PP.OVIDED TFiAT TH~ HOLDERS OF SAID RIGHTS SHALL NOT USE THc SLe'2rACE OF SAID I:AND IN THE EXERCIS~ OF ANY OF SAID RZGHTS e+DID S:iF+LL NOT D7STURS '=Hr SURFACE OF SAID LAND OR ANY IMPROVEMENTS THEREOP7, O~Z REtdOVE OR IMPAIR THE LATERaI. OR SUHJACENT SUPPORT OF SASD LAND OR ANY IMPROVEMENTS TY.EREON, AS VARIANCE N6. ~~31e - -_ Order No:7300361 N` ,~ ~- DESCRIPTI~N RESERVED IN THE DEED FROM SOUTHERN PACIFIC RAILROAD COMPANY AND SOUTHERN PACIFIC COMPANY, RECORDED OCTOBER 14, 1955 IN BOOK 32-~7, PAGE 275, OFFZCIAL RECORDS, IN TFIE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL D: THAT PORTION OF THE ALLEY ADJOINING SAID LOTS 24 THRGUGH 26, INCLUSIVE, ON THE SOUTH VACATED AND P.BRNDONED BY RESOLUTION NO. BOR-561 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED COPY OF WHICH RECORDED JANUAR`L 30, 1981 IN BOOK 13932, PAGE 1912, OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF PARCEL C DESCRIBED F+130VE. EXCEPT FROM THAT PORTION OF THE ALLEY ABOVE DESCRZBED WHICH WOULD PASS BY OPERATION OF LAW WITH A COPNEYANCE OF SAID LOTS 25, 26, 27 AND 2B IN BLOCK "G" ALL OIL, GAS AND OTHEit HYDrOCARBON AND 6'1INERAI.. SUBSTANCES LYING NOT LESS TfiAT 100 FEET SELOW THE SURFACE OF SAID I.AND WITHOUT THE RZGHT TO OR UPON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXTRACTING SAID OIL, GAS OP. OTAER HYDROCARBON AND MZNERAL SUBSTANCES, NOR FOR ANY PURPOSE IN CONNECTI0I3 THEREWTTH, BUT SHALL HAVE THE RIGHT TO EXTRACT AND R~MOVE SAID OIL, GAS AT7D OTHER HYDROCARSON AND MINERAL SUBSTANCES BY MEANS OF SLANT DRILLED WELLS ;,OCATED ON ADJACENT OR NEARSY L~P.N~~ ~R BY ANY OTHER DIEANS WHICH SHALL NO'P REQUIRE ENTRY UPON THE SURFACE OF SAID LAND, 1S RESERVED IN THE DEED FROM SANTA FE LAND IMPROVEMEtIT COMPANY, A CORPORATION, RECORDED OCTOBER 14, 1955 I"! BdOK 3247, PAGE 182, OFFICZAL RECO~DS, !N TAE OFFICE OF :HE COiNT'L RECORDcrt OF SAID OR.ANGE COUNTY. ALSO rXCEPT FROM THAT P012TION OF THE ALLEY ASOVE DESCRIBED WFiICH NiClii,D PASS BY OPERATION OF LAW WITH A CONVEYANCE OF THAT PORTION OF LOT 24 IN BLOCK "G" DESCRIIIED IN PARCEL C ABOVE ONE-HALF OF ALL OIL, GAS A:ID OTHER HYDROCAFtBON r1ND MIDIERAL SUBSTANCES LYZNG NOT LESS THAN 100 FE~T BELOW THE SURFACE UF SAID LAND, 'r7ITHOUT THE RIGHT TO GO UPON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXTRACTING SAID OIL, GAS AND OTHER HYDROCARBON AND MZNERAL SLTSSTANCES, N02 FOR A23'f PURPOSE IN CONNECTION THEREWITH, SUT 3HAI~L HA~ THE RIGHT TO EXTF2ACT AND REMOVE SAID OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBST:,NCES BY M~ANS OF SLANT DRILLED WELLS LOCATED OPI ADJAC~NT OR NEF~RBY LA-ND, ~R BY F1NY OTHER MEANS WHiCH SHALL NOT REQUIRE ENTP.Y UPON THE SURFACE OF SAID LAND, AS RESER~'D IN THE DEED FROM SANTA FE LAND IMPROVEMENT COMPRNY, A CORPORATION, RECORDcD OCTOBER 14, 1955 IN BOOK 3247, PAGE 182, OFFICIAL RECORDS, IN THE OFFICr Or T?-IE COUNTY REC~RDER OF SAID ORF,NGE COUNTY. ALSO EXCEPT FROM THAT POR'1'ZON OF TH~ AI.LEY r130'1~ DESCRIB~D +~:?IC'r. HGJiD PA.SS 8': OPERaTIJN OF ~.%~ WITH A CONVEYANCE OF TFiAT PQRTION Oe LO? 24 I.`I BLOCE: "G" D~&CRIBED :N P~-°•CEL C A30VE AN UNDIVZ~BD ONE-'r:AT.° INTE.^ti~ST IV n.~'D 'PO +'~T.+- 0= Ti:~ h1INEP.ALS r'~ND MZNERAI. ORES OF EVERY KIND r1ND C?i++AACTEa N0~'7 ic-"ja~'~"+ T~ %~r=~T 0~ H~RBArTER DISCOVERED UPON, WITHZN OR UNDEP.LYI*+G SAID L.~.`~ ~~ T?~T ti~n= 3~ PRODUCED THEREFROM INCLUDING, WITHOLTT LIMITI:IG, THE GENE~+:-ITY ~F i'~ rOREGOING, ALL PETROLEUM, OIL, NATUt2r1L GAS P.DID OTHER H`!DROC~I?BON S~z3S??.:+C~S .aIv'~J PRODUCTS DE~IVED THEREFROM, TOGETHER WITH THE RiGHT Or INGRESS A+ti'D cG?~SS SENEATH THE SURFACE OF SAID LPND TO EXPLORE eOR, EXT?ACT, MI"lE AND REt-0OVE TH~ SAME, AND TO MAKE SUCH USE OF THE SAID LAN~ BENEATH THE SUetFACE AS ZS NECESSI~2Y OR USEFUL IP1 CONNECTION THEREWITH, WHI~H USE MAY INCLUDE LAT£RAL OR SI.,~.NT vARi~r~cE No. ~~+~ ' Order No:7300361 M^? a,. DESCRIPTION DRILLING, BORING, DIGGZNG OR SINKING OF WEL,LS, SHAFTS OR TUNNELS; PROVIDED THAT THE HOLDERS OF SAID RIGHTS SHALL NCT USE TH}s SURFACE OF SAID LAND IN THE EXERCISE OF ANY OF SAID RIGHTS AND SFiAI,L NOT DISTURB THE SURFACE OF SAID LAND OP. ANY IMPROVEMENTS THEREON, OR REMOVE OR ZMPAZR THE LATERAL OR SUBJACENT SUP90RT OF SAID LAND OR ANY IMPROVEMENTS THEREON, AS RESERVED IN THE DEED FROM SO"JTHERN PACIFIC RAZLROAD COMPADIY PND SOUTHERN PACIFIC COMPANY, RECORDED OCTOBER 14, 1955 IN BOOK 3247, PAGE 275, OFFICIAL RECORDS, IN THE OFFTCE OF THE CpANTY RECORDER OF SAID ORANGE COUt7T'!. PARCEL E: LOT•a' n', 7, 8, 9, 10, 11 AND 12 IN BLOCK "G" OF HOTEL DEL CAMPO TRACT, IN THE CITY OF r1NAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24, PAGES 69 ALdD 70 OF MZSCELLANEOUS RECORDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPT THEREFROM THE WESTERLY 8.25 FEE:, AS CONVEYED BY BERN MD DAUSER ANil WZFE, TO 'THE CITY OF ANAHEIM BY D5ED RECORDED MAY 20, 1913 IN BOOK 232, PAGE 233 OF DEEDS, FOR THE PURPOSE OF WSDENZNG ATCHISON STREET. ALSn EXCEPTING THEREFROM ALL OIL, GAS, OTHER HYDRGCPR&ON SUSSTANCES F1ND MINERALS IN OR UNDER SAID LAND, OR THAT MAY AT ANY TIM~ BE PRODUCED OR EXTRACTED FROM ALL OF SAID LAND, BELOW A llEPTH UF 500 FEET, ~9I'Pii7UT THE RIGHTS OF ENTRY ONTO THE SURFACE OF SAID LANI), AS RESERVED IN TH~ DEED RECORDED JULY 22, 1587 AS ZNSTRUMENT NO. 87-417690, O:FICIAL RECORTS. PARCEL F: LOTS 1, 2, 3, 4 AND 5 ZN BLOCK G, OF HOTEL DEL CAMPO TRACT, IN ':HE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OL' CALIFORNTA, AS SHOWN ON A i~lA? THEREnF RECQRDED IN AOOK 24, PAGES 69 F1ND 70 MISCELLr1NE0US RECORDS OF LOS ANGELES COUNTY, CALIFORNZA. e.XCEPT THEREFROM THE WEST 8.25 FEET. PARCEL G: THOSE 20RTIONS OF LOTS 1 TO 10 IATCLUSIVE IN BLOCK F OF THE HOTEL DEL CAMPO TRACT, IN THE CITY OF ANAHEIM, COUN;Y OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24, PAGES 69 ANL~ 70 OF MZSCELLANEOUS RECORDS, IN THE OFFZCE OF THE COUNTY RECORDER OF LOS ~.NGELEE COUNTY, CALIFOP.DIIA, LYING SOUTHEASTEP.L'f Or THE FOLLOWING DESCRIBF:n L_NE: BEGINNING AT A POINT ON TH: 'RESTERLY LILlE OF SaID LOT 1, :iOP.THERLY 23.?.0 FEET FROM TI?E SOUTHWESTERLY COP..~JER THE?50r ; THiNC~ ;IO~THEr1ST~Ri~ ~ 37 . 0 9 F~ET AL.GNG A CURVE, CONCAVE NORTHWESTERLY, HAVZNG R RADZUS Or 49'_.18 FEET fA r'L~~.7IAL LI*'..°, OF gAID CURVc FROM SAID POINT OF BEGINNING MAK~S At7 r1NGLE OF 23' 40' .^.1" TO T3?E NORTHWEST WITH THE WESTERL'f LINE OF SAID LOT 1), THROUGH AN AhGLE OF 4° 23' 15"; THENCE NORTHWESTERLY 5.00 FEBT ALCNG A P.ADIAI. LINE OF SAID CURVE TO A POINT ON A CONCENTRIC CiIRVE; THENCE NORTHEASTERLY 148.80 FEET ALONG SAID CONCENTRIC CURVE; THROUGH AN AN3L£ OF 17° 30' 02" TO A POINT ON THE NORTHERLY VaRIANCE N0. ~~~ ~ -- - Order No:7300361 M~' DESCRIPTION ° LINB OF SAID LOT 7(A RADIAL LINE OF SAID CURti7E AT SAID NOINT MAKES AN ANGLE OF 44° 31' S7" TO THE NORTHWEST WITH THE NORTHERLY LZNE OF SAID LOT 7), SAID POINT BEING WESTERLY 24.75 FEET FROM T'dE NORTfiEASTERLY CORNER OF SAID LOT 7. PARCEL H: THOSE PORTZONS OF LOTS 11, 12, 13, 14 AND 15 IN SLOCK F OF THE iiOTEL DEL CAMPO TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF C.ILIFORNZA, AS PER MAP AzCORD£D IN BOOK 2A, PAGES 69 AND 70 OF MISCELLANECUS RECORDS, IN THE OFFICE OF ':'HE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNZA, DESCRISED AS FOLLOWS: BEGINNZNG AT A POINT IN THE SOUTHERLY LZNE OF SAID LOT 11, WESTERLY 79.01 FEET FROM THE WESTERLY LINE OF SOUTH ATCHZSON STREET (60 FEET ZN WIL:H); THENCE EASTER~Y 79.01 FEET ALONG SAID SOUTHERLY LINE TO SAID WESTERLY LINE OF SOUTH ATCHISON STREET; THENCE NORTI?ERLY 102.30 FEET ALONG SAID WSSTERLY LINE; THENCE SOUTHWESTERLY 129.61 FEET ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 757.'164 FEET TO THE POINT OF BEGINNING. EXCEPT THE INTERES^_ IN AND TO THE EASTERLY 1.75 FEET OF SAID LAND AS CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED NOVEMBER l, 1913 IN BOOK 243, PAGE BS OF DEEDS OF SAZD ORANGE COUNTY. ALSO EXCEPT ALL iJNDIVIDED ONE-HALF INTEREST IN ALL OiL, GAS AND OTHER HYDRGCA22BON AND MINERAL+ S[JBSTANCES (EXCEPi WATER) LYING NOT LESS TH11N ONE HUNDRED FEET BELOW THE SURFACE OF SAZD LAND, HOWEVEF. WITHOUT THE RIGHT TO GO UPON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXTRACTING SAID OIL, GAS, OR OTHER HYDROCARSON RND MINERAL SUfiSTANCe^,S, NOR FOR ANY PiJF2POSE II1 CONNECTION TEiEREWITH, BUT SHF.I,L HF"E THE RIGHT TO EXTRR.CT AND REMOVE SAID OIL, GAS AND OTHER HYDROCARSON AND MINERAL SUBSTANC~S BY MEANS OF SLANT DRILLED WELLS LOCATED ON ADJACENT OR NEARBY LAND, OR BY ANY OTHER MSANS WHIC3 SHALL NOT REQUIRE EN'PRY UPON TAE SURFACE OF SAID LAND, AS RESERVED IN THE DEED RECORDED FEBRUAP'f 19, 1950 IN BOOK 1966, PAGE ].`~9 OF OFFICIAL RECORDS. PARCEL I: THAT PORTION OF AN A?~LEY 20.00 FEET IN WIDTH LYING WZTFiIN SLOCK F OF 7iiE HOTEL DE'~ CAMPO TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECJRDED IN BOOK 24, PAGES 69 AidD 70 CF D".ISCEL*.+ANEOUS RE.^.ORDS OF LOS ANGELES COUNTY, C.aI.IFORNIA, AS VACATED BY RESOLUTION NO. 5110, RECORDED ON APRIL 9, 1959 IN BOOK 4663, PAGE 500 OF OFFICIP.I. RECORDS OF SAID COUNTY THAT NOULD PASS WITH A CONVEYANCE OF LOTS 7 THP.OUGH 10 INCLUSIVE AIQD THE PORTION OF LOT 11 IN SAZD BLOCK F HER~IISBEFOP.~ DESCRZ3ED. PARCzL J: TFiAT POPTION Ob .aN ALLE''. 20.00 F°ET IN NIDTH LYIt1G ~7ITHiiI SLOCR G GF THE HOTcL DEL CAMPO TRr1CT, IN THE CTTY OF ANAi-IEIM, COUNTY ~~F ORAP7GE, ST;+TE OF CALIFOR`IIA, AS P£R MAP RECORDED IN HOOK 24, F,aGES 65 ANL1 70 OF MISCELLADIEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS VACATED SY RESOLUTION NO. 5110, RECORDED OPJ APRIL 9, 1959 IN BOOK 4663, PAGE 50~ OF OFFICIA~. RECORDS OF SAID COUNTY THAT VARIANCE N~. 4~-~ --- ~ I Order No:7300361 N DESCRIPTION "" ~ WpUI,D pASS WITH A CONVEYANCE OF LOTS 1 THI2OUGH 6 INCLUSI~/E IN SAID BLOCK G \ 1 ~ HEREZNBEFORF. DESCRIBED. / I ~~ 6 VARIANCE N~. `t'31~ ~ ~~