6015ORDINANCE NO.. 6415
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY
OF ANAHEIM (I) APPROVING AMENDMENT NO.2 TO
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, (II)
MAKING CERTAIN FINDINGS RELATED THERETO,
AND (III) AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NO.2 FOR AND ON BEHALF OF THE
CITY.
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 of the Government
Code of the State of California (hereinafter "Statute") authorizes a city to enter into a contract
which is called a development agreement in order to establish with certainty what regulations
will govern the construction of a development; and
WHEREAS, the City of Anaheim (the "City"), as a charter city, has heretofore
enacted Ordinance No. 4377 (hereinafter "Enabling Ordinance") making the City subject to the
Statute; and
WHEREAS, pursuant to Section 65865 of the Statute, the City Council of the City
(the "City Council") heretofore enacted Resolution No. 82R-565 (hereinafter "Procedures
Resolution") establishing procedures and requirements for the consideration of development
agreements upon receipt of an application; and
WHEREAS, pursuant to Section 65864, et seq. of the Statute, the City and Pointe
Anaheim, LLC heretofore entered into that certain Development Agreement No. 99-01 dated as
of July 29, 1999 (hereinafter the "Original Development Agreement') to vest certain project
entitlements and further address the implementation of the Pointe Anaheim Lifestyle, Retail and
Entertainment Complex (the "GardenWalk Project"); and
WHEREAS, pursuant to Section 65864, et seq. of the Statute and Ordinance No.
5 808 of the City Council, the City and Excel Pointe Anaheim, LLC, as successor -in -interest to
Pointe Anaheim, LLC, heretofore entered into that certain Amended and Restated Development
Agreement No. 99-01 dated as of February 26, 2002 (hereinafter the "Amended and Restated
Development Agreement") to amend and restate and further address the implementation of the
GardenWalk Project; and
WHEREAS, pursuant to Section 65864, et seq. of the Statute and Ordinance No.
5953 of the City Council, the City and Excel Pointe Anaheim, LLC, as successor -in -interest to
Pointe Anaheim, LLC, heretofore entered into that certain Amendment No. 1 to Amended and
Restated Development Agreement No. 99-01 dated as of December 1, 2005 (hereinafter jointly
with the Amended and Restated Development Agreement, the "Current Development
Agreement") to amend subsection 1.43 of Section 1 (Definitions) to define the "Outside Initial
Phase Commencement Date" to mean February 26, 2006; and
WHEREAS, the Current Development Agreement addresses development of an
irregularly-shaped area within the Anaheim Resort area and The Disneyland Resort Specific
Plan No. 92-1 Area, consisting of several parcels totaling approximately 29.1 acres with
frontages of approximately 585 feet on the east side of Harbor Boulevard, 1,500 feet on the south
side of Disney Way, 1,185 feet on the west side of Clementine Street and 728 feet on the north
side of Katella Avenue, all of which area is more particularly described in the "Legal
Descriptions" which are attached hereto as Attachment No. 1 and incorporated herein; and
WHEREAS, in connection with the Amended and Restated Development
Agreement, the City and Excel Pointe Anaheim, LLC entered into that certain Disposition and
Development Agreement dated as of January 1, 2002 (the "Disposition and Development
Agreement"); and
WHEREAS, Excel Pointe Anaheim, LLC changed its name to Anaheim
GardenWalk, LLC and, with the City, entered into that certain Implementation Agreement dated
as of December 19, 2003 (the "Implementation Agreement"), clarifying and implementing the
Disposition and Development Agreement; and
WHEREAS, the City and Anaheim GW, LLC, as successor -in -interest to
GardenWalk, LLC, entered into that certain Amendment No. 1 to Disposition and Development
Agreement dated as of December 1, 2004 ("Amendment No. 1 to DDA'); the Disposition and
Development Agreement, as clarified and implemented by the Implementation Agreement and
amended by Amendment No. 1 to DDA, shall hereinafter be referred to as the "DDA;" and
WHEREAS, in connection with the Original Development Agreement, the City
Council did approve Conditional Use Permit No. 4078 ("CUP No. 4078"); CUP No. 4078 has
subsequently been amended to create conformity among the Current Development Agreement,
the DDA and CUP No. 4078; and
WHEREAS, pursuant to Chapters 18.60 (Procedures), 18.66 (Conditional Use
Permits) and 18.72 (Specific Plans) of the Anaheim Municipal Code, William J. Stone of Excel
Realty Holdings, as authorized agent for Anaheim GW, LLC, submitted requests (i) that
Conditional Use Permit No. 4078 be amended, (ii) that the DDA be amended, and (iii) that the
City of Anaheim enter into that certain Amendment No. 2 to the First Amended and Restated
Development Agreement No. 99-01 (collectively, hereinafter the "Proposed Project Actions"),
which Proposed Project Actions would extend the date by which the commencement of
construction of the initial phase of the GardenWalk Project must begin; and
WHEREAS, the 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. 2 and incorporated herein, encompasses the same area as that addressed in the
Current Development Agreement; and
V
WHEREAS, the 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 such 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) and 18.66 (Conditional Use Permits), 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 City Planning Commission, by its Resolution No. PC2004-161
(the "Planning Commission Resolution"), has found and determined that the Proposed Project
Actions will not result in new significant impacts or substantial increases in the severity of
previously identified significant impacts and no supplemental or subsequent environmental
review is required; and
WHEREAS, the Planning Commission, by the Planning Commission Resolution
which is incorporated herein by this reference, made certain findings that the applicant has
demonstrated eligibility to enter into Amendment No. 2 to the First Amended and Restated
Development Agreement No. 99-01 and that Amendment No. 2 to the First Amended and
Restated Agreement No. 99-1 meets the criteria set forth in the Procedures Resolution; and
WHEREAS, the City Council did fix the 31 st day of January, 2006 as the time,
and the City Council Chamber in the Civic Center as the place, for a public hearing on the
Proposed Project Actions and did give notice thereof in the manner and as provided by law; and
WHEREAS, a copy of Amendment No. 2 to the First Amended and Restated
Development Agreement No. 99-01 has been provided to the City Council and is available in the
City Clerk's Office; and
WHEREAS, on January 31, 2006, the City Council did hold a public hearing upon
the Proposed Project Actions (the "Public Hearing"), .notice of which hearing was given in the
manner required by law; and
WHEREAS, the City Council did hold and conduct the noticed Public Hearing
and did give all persons interested therein an opportunity to be heard and did receive evidence
and reports to consider the Proposed Project Actions; and
WHEREAS, pursuant to the provisions of CEQA, on January 31, 2006, the City
Council determined that the Proposed Project Actions will not result in new significant impacts
or substantial increases in the severity of previously identified significant impacts and no
supplemental or subsequent environmental review is required; and
WHEREAS, the applicant has demonstrated that it meets the eligibility requirements of
Section 1.3 of the Procedures Resolution to enter into Amendment No. 2 to the First Amended
and Restated Development Agreement No. 99-01; and
3
WHEREAS, the City Council of the City of Anaheim, after due inspection,
investigation and study made by itself and in its behalf, and after due consideration of and based
upon all evidence and reports offered at the Public Hearing, including the evidence presented at
the Planning Commission meeting and the Planning Commission Resolution, does find upon
review of the land use aspects of Amendment No. 2 to the First Amended and Restated
Development Agreement No. 99-01 that:
1. Amendment No. 2 to the First Amended and Restated Development
Agreement No. 99-01 is consistent with the General Plan of the City of Anaheim and The
Disneyland Resort Specific Plan No. 92-1.
2. Amendment No. 2 to the First Amended and Restated Development
Agreement No. 99-01 is compatible with the uses authorized in and the regulations
prescribed for The Disneyland Resort Specific Plan No. 92-1.
3. Amendment No. 2 to the First Amended and Restated Development
Agreement No. 99-01 is compatible with the orderly development of property in the
Anaheim Resort area surrounding The Disneyland Resort Specific Plan No. 92-1.
4. Amendment No. 2 to the First Amended and Restated Development
Agreement No. 99-01 is not otherwise detrimental to the health, safety and general
welfare of the citizens of Anaheim.
5. Amendment No. 2 to the First Amended and Restated Development
Agreement No. 99-01 will have an overall positive effect on the health, safety and w cl fare
of the residents of and visitors to the City.
6. Amendment No. 2 to the First Amended and Restated Development
Agreement No. 99-01 constitutes a lawful, present exercise of the City's police power and
authority under the Statute, the Enabling Ordinance and the Procedures Resolution.
7. Amendment No. 2 to the First Amended and Restated Development
Agreement No. 99-01 is entered into pursuant to and in compliance with its charter
powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and
the Procedures Resolution.
4
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANAHEIM AS FOLLOWS:
SECTION 1
That Amendment No. 2 to the First Amended and Restated Development
Agreement No. 99-01 be, and the same is hereby, approved.
SECTION 2
That the Mayor be, and is hereby, authorized to execute Amendment No. 2 to the First
Amended and Restated Development Agreement No. 99-1 for and on behalf of the City.
THE FOREGOING ORDINANCE WAS INTRODUCED AT A REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF ANAHEIM HELD ON THE THIRTY-
FIRST (31ST) DAY OF JANUARY, 2006, AND THEREAFTER PASSED AND
ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM HELD ON THE SEVENTH (7TH) DAY OF FEBRUARY, 2006, BY THE
FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST*
CI E Sheryll - Schroeder
60246.1
5
two
MAYOR
Curt Pringle
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
City of Anaheim )
20 South Anaheim Boulevard )
Anaheim, California 92805 )
Attention: City Manager )
This document is cxempt from a recording fee
pursuant to Govcmmcnt Code Section 6103.
AMENDMENT NO.2 TO
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
NO. 99-01
By and Between
THE CITY OF ANAHEIM,
and
ANAHEIM GW LLC
AMENDMENT NO.2 TO
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
NO. 99-01
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 1, 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. The City and Excel Pointe Anaheim, LLC (the "Original Developer') entered into that
certain First Amended and Restated Development Agreement No. 99-01 dated as of
February 26, 2002 and recorded in the Official Records of Orange County California on
December 22, 2003 as Instrument No. 2003001507769 (the "Original Development
Agreement") with respect to that certain real property described in the "Legal
Descriptions" which are attached hereto as Exhibit 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 Official Records of Orange
County California on February 22, 2005 as Instrument No. 2005000132156
("Amendment No. L"). The Original Development Agreement and Amendment No 1
shall hereinafter be referred to as the "Development Agreement." All 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 Agreement are available as a public record in the office of the City
Clerk located at 200 South Anaheim Boulevard, Anaheim, California.
B. The Development Agreement addresses, among other things, the Developer's
construction of the Project, requiring that the Developer commence construction 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 No. 2, to amend the Outside Initial Phase Commencement Date.
2
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS
FOLLOWS:
SECTION 1. AMENDMENT OF DEVELOPMENT AGREEMENT. The 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, 2007.
SECTION 2. CONDITIONS OF APPROVAL. To the extent any of the Conditions of
Approval contain any deadlines for the Commencement of Construction of the Initial 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
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT
NO.2 AS OF THE RESPECTIVE DATES SET FORTH BELOW.
Dated:
ATTEST:
"CITY"
CITY OF ANAHEIM,
a municipal corporation and charter city
0
SHERYLL SCHROEDER, CITY CLERK
SHERYLL SCHROEDER
APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORNEY
0
JOHN E. WOODHEAD IV
Assistant City Attorney
Dated:
Dated:
59849.1
4
CURT L. PRINGLE,
Mayor
"DEVELOPER"
ANAHEIM GW LLC,
a Delaware limited liability company
By: ,
a ,
Its:
By:
Name:
Its:
By:
Name:
Its:
State of California )
) ss.
County of )
On , , before me,
(name. title ofo[ficer, e.g., Jane Doe. Notary Public")
personally appeared
(name(s) o('signer(s))
❑ personally known to me —OR -
0 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 of'Notary)
Capacity claimed by signer: (This section is OPTIONAL.)
❑ Individual
❑ Corporate Officer(s):
❑ Partner(s):
❑ General ❑ Limited
❑ Attorney-in-fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
(name oj'person(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document:
Number of Pages: Date of Document:
Signer(s) Other than Named Above:
State of California )
) ss.
County of )
�ON
, , before me,
(name, title ol'ofcer. e.g.. Jane Doe. Notary Public")
personally appeared
(name(s) v/'signer(s))
❑ personally known to me --OR-
11 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 of Notary)
Capacity claimed by signer: (This section is OPTIONAL.)
❑ Individual
❑ Corporate Officer(s):
❑ Partner(s):
❑ General ❑ Limited
❑ Attorney-in-fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
(name oJ'perso►►(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document:
Number of Pages: Date of Document:
Signer(s) Other than Named Above:
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, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, 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, TOWNSHIP 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 REORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER;
THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF
SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 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, 1979
IN BOOK 49129 PAGE 102, OFFICIAL RECORDS; THENCE EAST 486.49 FEET
ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE
SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED
RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 453, OF OFFICIAL
RECORDS; THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF SAID
LAND CONVEYED TO REA, TO THE NORTHEAST CORNER THEREOF;
THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE
TRUE POINT OF BEGINNING.
EXCEPT THE WEST 292.00 FEET THEREOF.
Exhibit A - Page 1
ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF.
Hasenyager Parcel:
LOT 3 OF TRACT NO. 33309 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113,
PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
Zaby's Parcel:
LOTS I AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1135,
PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF
ANAHEIM BY DEED RECORDED JULY 30, 1997 AS INSTRUMENT NO. 97-
0359942, OFFICIAL RECORDS.
Berger Parcel:
LOTS 4 AND 5 OF TRACT NO. 33309 IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1139
PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
Rist Parcel:
PARCEL 1:
THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF
SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE 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
Exhibit A - Page 2
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. JEWEL AND LUCILLE G. JEWELL,
RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS;
THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,
486.49 FEET TO THE 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
KATELLA AVENUE, 120 FEET WIDE.
Parcel 2
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 51, PAGE 10 MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 0' 16' 30" EAST 675.11 FEET TO A POINT, SAID
POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL,
RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS;
THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,
486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD
F. REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543,
OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND
CONVEYED TO 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 SOUTH 60.00 FEET INCLUDED WITHIN KATELLA
AVENUE, 120.00 FEET WIDE.
ALSO EXCEPT THEREFROM THE NORTH 315 FEET.
Exhibit A - Page 3
ALSO EXCEPT THEREFROM THE WEST 292 FEET.
Ursini Parcel:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON 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 OF SAID
SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16'3099 9
EAST 675.11 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO
BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED
TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5,
1959 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS; THENCE NORTH 0° 16'
30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE
EAST 150.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID
SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30" EAST, 360.00 FEET
PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO
JEWELL TO THE SOUTHERLY LINE OF SAID SECTION; THENCE WEST ALONG
THE SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING
SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FINAL ORDER OF
CONDEMNATION DATED JANUARY 30, 1998, CASE NO. 782833 OF THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF
WHICH WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO.
19980071981 OF OFFICIAL RECORDS.
City Parcel:
THE NORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN
BOOK 55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
Pyrovest Parcels:
PARCEL L
THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET
Exhibit A - Page 4
OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, IN THE CITY OF ANAHEIM, 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 FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT A POINT SOUTH 00 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 PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED
PARCEL 111.34 FEET; THENCE NORTH 0° 13'22" WEST, PARALLEL TO THE
EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54"3899
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 OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 900 07' 52" 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 890 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF
ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13'22"" WEST,
PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET;
THENCE NORTH 89° 54'38'9 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 890 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET;
THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90° 07'52"' A LENGTH OF 23.60 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION.
Exhibit A - Page 5
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange }
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
February 16, 2006
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: February 16, 2006
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
ORDINANCE NO. 6073
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAM rl APPROVING AMENDMENT NO. 2 TO FIRST AMENDED. RESTATED DEVELOPMENT AGREEMENT NO. 99.07 BY ANI
E CITY OF ANANENA AND ANAHEIM OW LLO AS SUCCESS, i"INTEREST TO EXCEL POINTE ANAHEIM, LLC, (11) MAKIA_ CERTAIN FINDINGS RELATED THERETO, AND (111) AUTHOI
MAYOR TO EXECUTE AMENDMENT NO.2 FOR AD ON BEHALF tar THE CITY"
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 of the Government Code of the State of California (hereinafter "Statute") authorizes a city to enter into a contract which is called a development agreement in order to
ty what regulations will govern the construction of a development; and
WHEREAS, the City of Anaheim (the "City"), as a charter city, has heretofore enacted Ordinance No. 4377 (hereinafter "Enabling Ordinance") making the City subject to the Statute; and
WHEREAS, pursuant to Section 65865 of the Statute, the City Council of the City (the "City Council") heretofore enacted Resolution No. 82R-565 (hereinafter "Procedures Resolution") establishing procedures and requireme
lion of development agreements upon receipt of an application; and
WHEREAS, pursuant to Section 65864, at seq. of the Statute, the City and Pointe Anaheim, LLC heretofore entered into that certain Development Agreement No. 99-01 dated as of July 29, 1999 (hereinafter the "Oris
,eement') to vest certain project entitlements and further address the implementation of the Pointe Anaheim Lifestyle, Retail and Entertainment Complex (the "GardenWalk Project"); and
WHEREAS, pursuant to Section 65864, at seq. of the Statute and Ordinance No. 5808 of the City Council, the City and Excel Pointe Anaheim, LLC, as successor -in -interest to Pointe Anaheim, LLC, heretofore entered into the
Restated Development Agreement No. 99-01 dated as of February 26, 2002 (hereinafter the 'Amended and Restated Development Agreement") to amend and restate and further address the implementation of the GardenWa
WHEREAS, pursuant to Section 65864, et seq. of the Statute and Ordinance No. 5953 of the City Council, the City and Excel Pointe Anaheim, LLC, as successor -in -interest to Pointe Anaheim, LLC, heretofore entered into 0
No. 1 to Amended and Restated Development A.9reement No. 99-01 dated as of December 1, 2005 (hereinafter jointly with the Amended and Restated Development Agreement, the "Current Development Agreement") to
of Section 1 (Definitions) to define the "Outside Initial Phase Commencement Date" to mean February 26, 2006; and
WHEREAS, the Current Development Agreement addresses development of an Irregularly-shaped area within the Anaheim Resort area and The Disneyland Resort Specific Plan No. 92-1 Area, consisting of several parte
y 29.1 acres with fronto es of approximately 585 feet on the east side of Harbor Boulevard, 1,500 feet on the south side of Disney Way, 1,185 feet on the west side of Clementine Street and 728 feet on the north side of Ka
Ich area is more particularly descnbed in the "Legal Descriptions" which are attached hereto as Attachment No.1 and incorporated herein; and
WHEREAS, in connection with the Amended and Restated Development Agreement, the City and Excel Pointe Anaheim, LLC entered into that certain Disposition and Development Agreement dated as of January 1, 2002 (th
vetopment Agreement'); and
WHEREAS, Excel Pointe Anaheim, LLC changed its name to Anaheim GardenWalk, LLC and, with the City, entered into that certain Implementation Agreement dated as of December 19, 2003 (the "Implementation Agreems
ementing the Disposition and Development Agreement; and
WHEREAS, the City and Anaheim GW, LLC, as successor -in -interest to GardenWalk, LLC, entered into that certain Amendment No. 1 to Disposition and Development Agreement dated as of December 1, 2004 ("Amendme
Disposition and Development Agreement, as clarified and implemented by the Implementation Agreement and amended by Amendment No.1 to DDA, shall hereinafter be referred to as the "DDA;" and
WHEREAS, in connection with the Original Development Agreement, the City Council did approve Conditional Use Permit No. 4078 ("CUP No. 4078"); CUP No. 4078 has subsequently been amended to create conformity
lopment Agreement, the DDA and CUP No. 4078; and
WHEREAS, pursuant to Chapters 18.60 (Procedures), 18.66 (Conditional Use Permits) and 18.72 (Specific Plans) of the Anaheim Municipal Code, William J. Stone of Excel Realty Holdings, as authorized agent for Anaheim C
uests (r) that Conditional Use Permit No. 4078 be amended, (ii) that the DDA be amended, and (iii) that the City of Anaheim enter into that certain Amendment No. 2 to the First Amended and Restated Development Ag
Ilectively, hereinafter the "Proposed Project Actions"), which Proposed Project Actions would extend the date by which the commencement of construction of the initial phase of the GardenWalk Project must begin; and
WHEREAS, the 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. 2 and incorporated herein
me area as that addressed in the Current Development Agreement; and
WHEREAS, the 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 s
'ng been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapters 18.60 (Procedures) and 18.66 (Conditional Use Permits), to hear and consider evidence for and against
Actions and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the City Planning Commission, by its Resolution No. PC2004-161 (the "Planning Commission Resolution"), has found and determined that the Proposed Project Actions will not result in new significant impacts or
in the severity of previously identified significant impacts and no supplemental or subsequent environmental review is required; and
WHEREAS, the Planning Commission, by the Planning Commission Resolution which is incorporated herein by this reference, made certain findings that the applicant has demonstrated eligibility to enter into Amendmer
ended and Restated Development Agreement No. 99-01 and that Amendment No. 2 to the First Amended and Restated Agreement No. 99-1 meets the criteria set forth in the Procedures Resolution; and
WHEREAS, the City Council did fix the 31st day of January, 2006 as the time, and the City Council Chamber in the Civic Center as the place, for a public hearing on the Proposed Project Actions and did give notice thereol
provided by law; and
WHEREAS, a copy of Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 has been provided to the City Council and is available in the City Clerk's Office; and
WHEREAS, on January 31, 2006, the City Council did hold a public hearing upon the Proposed Project Actions (the "Public Hearing"), notice of which hearing was given in the manner required by law; and
WHEREAS, the City Council did hold and conduct the noticed Public Hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports to consider the Proposed Project Act
WHEREAS, pursuant to the provisions of CEOA, on January 31, 2006, the City Council determined that the Proposed Project Actions will not result in new significant impacts or substantial increases in the severity of previou
nt Impacts and no supplemental or subsequent environmental review is required; and
WHEREAS, the applicant has demonstrated that it meets the eligibility requirements of Section 1.3 of the Procedures Resolution to enter into Amendment No. 2 to the First Amended and Restated Development Agreement N
WHEREAS, the ClN Council of the City of Anaheim, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all evidence and reports offered at the Public
evidence presented at the Planning Commission meeting and the Planning Commission Resolution, does find upon review of the land use aspects of Amendment No. 2 to the First Amended and Restated Development A
.1. Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 is consistent with the General Plan of the City of Anaheim and The Disneyland Resort Specific Plan No. 92-1.
2.Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 is compatible with the uses authorized in and the regulations prescribed for The Disneyland Resort Specific Plan No. 92-1.
3.Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 is compatible with the orderly development of property in the Anaheim Resort area surrounding The Disneyland Resort Specific Ph
4. Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 is not otherwise detrimental to the health, safety and general welfare of the citizens of Anaheim.
5.Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 will have an overall positive effect on the health, safety and welfare of the residents of and visitors to the City.
6.Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance
Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the
9 Procedures Resolution.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS:
MOTION 7
That Amendment No. 2 to the First Amended and Restated Development Agreement No. 99.01 be, and the same is hereby, approved.
SECTION 2
That the Mayor be, and is hereby, authorized to execute Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-1 for and on behalf of the City. t T�
DAY OF JANUARY
iii®INAONODIADOPTED AT A REGULARMEETINGMEETING OF THE CITY COUNCIL OF HE CITY OODUCED AT A REGULAR MINTING OF THE CITYF
AHEIM HELD ON THE SEVENTH (7TN) DAY OF FEBRUARY, NCIL OF THE CITY OF ANAHEIM HELD ON THE 3008, BY THE FOLLOWING ROLLC%LLI
Mayor Pringle, Council Members Sldhu, Hemandez, Galloway, Ch -2
None
None
None
ATTACHMENT NO. 7
LEGAL DESCRIPTIONS
Paraeles
WEST
COUNTY OF ORANGE, STATE F CALIFORNIA,AS PEER MAP RECORDED IN BOOK 51ERLY 1320.00 FEET OF THE 0, PAGE 10 OF MISCELLANEOUS MAPUTHEAST QUARTER OF SECTION S, IN HE OFFICE OF TTOWNSHIP 4 HE COUNTY RECORDER OF JUAN CAJ
2o ACRES OF THE NORTHERLY 645.00 FEET SAID COUNTY.
OF A
.PT HE WEST 720.00 FEET.
1 EXCEPT HE NORTH 60.00 FEET.
:EL B
THE RANCHO
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
KING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER: THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEA---QUARTER: THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH I
T THE WEST 292.00 FEET THEREOF.
EXCEPT THE SOUTH 360.00 FEET THEREOF.
iyaysr Parcels
DF TRACT NO. 3330; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS,. RECORDS OF ORAN
ANIA.
I Paresis
AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUD
SAID COUNTY.
TTHEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED JULY 30,1997 AS INSTRUMENT NO.97-0359942, OFFICIAL RECORDS.
r Parcels
I AND 5 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
iR OF SAID COUNTY.
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 CAI
J A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
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 WITH THE SO
HEAST 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 '
> LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS- THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST
VEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFF161AL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO
VER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING;
THE WEST 150 FEET OF THE SOUTH 360 FEET;
THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET WIDE.
OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM; AS SHOWN ON A MAP THEREOF R
10 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
THE SOUTH 60.00 FEET INCLUDED WITHIN KATELLA AVENUE, 120.00 FEET WIDE.
THEREFROM THE NORTH 315 FEET.
EXCEPT THEREFROM THE WEST 292 FEET.
I
Parcel:
�ORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM; COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOI
CELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SO
INNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S.
HENCE NORTH 0" 16' 30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE EAST 150.00 FEI
=EET PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO THE SOUTHERLY LINE OF S�
THAT PORTION OF SAID PROPERTY LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FINAL ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE NO. 782833 OF TF
CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 9,1998 AS INSTRUMENT NO. 19980071981 OF OFFICIAL RECORDS.
ORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE
,ER OF SAID COUNTY.
ad Parcels:
EL 1:
KST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUF
1 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 COUI
THEREFROM, THE FOLLOWING DESCRIBED PROPERTY:
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 W
ASTERLY LINE 100.08 FEET; THENCE NORTH 89" 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0" 13' 22" WEST, I
ILEVARD 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, 60.0(
SAID FREEDMAN WAY, SOUTH 89" 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WE
JUGH A CENTRAL ANGLE OF 90" 07'52'A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
ATTACHMENT NO.2
AMENDMENT 1110. 2 TO FIRST AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 5901
between the City of Anaheim
and
Anaheim GW LLC, as successor•IMsstwost to Excel Pointe Anaheim, LLC