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RES-2024-025RESOLUTION NO. 2 0 2 4 - 0 2 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A PERFORMANCE TIME SCHEDULE FOR THE COMMENCEMENT AND CONSTRUCTION OF VACATION OWNERSHIP RESORT NO. 1 AS SET FORTH IN THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 BETWEEN THE CITY OF ANAHEIM AND WESTGATE RESORTS AND DETERMINE THAT THE PREVIOUSLY APPROVED POINTE ANAHEIM INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (IS/MND), AND ASSOCIATED ADDENDA, ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST 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 (herein referred to as the "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, on November 23, 1982, the City Council of the City of Anaheim (herein referred to as the "City Council") enacted Ordinance No. 4377 (the "Enabling Ordinance"), and pursuant to subdivision (c) of Section 65865 of the Statute, adopted Resolution No. 82R-565 (herein referred to as the "Procedures Resolution"), establishing procedures and requirements for consideration of development agreements upon receipt of an application by the City; and WHEREAS, in accordance with the statute, the Enabling Ordinance and the Procedures Resolution (herein referred to collectively as the "Development Agreement Law"), The City and Anaheim GW, LLC, a Delaware limited liability company, (the "Original Developer") entered into the Second Amended and Restated Development Agreement No. 99-01 dated as of April 11, 2006, and recorded in the Official Records of Orange County California on June 2, 2006, as Instrument No. 2006000373943 (the "Development Agreement") with respect to the real property described in the "Legal Description" which is attached as Exhibit A and incorporated by this reference; and WHEREAS, The Original Developer assigned the Development Agreement with respect to the Parking Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim GW II, LLC, a Delaware limited liability company ("Anaheim GW II") pursuant to the Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of January 31, 2007, and recorded in the Official Records of Orange County California on February 7, 2007, as Instrument No. 2007000092571; and WHEREAS, Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort No. 1 to Westgate Resorts Anaheim LLC ("Westgate Resorts" or "Developer") pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of February 29, 2008, and recorded in the Official Records of Orange County California on March 6, 2008, as Instrument No. 2008000105443; and WHEREAS, the Development Agreement addresses, among other things, Developer's construction of the Project in phases and requires Developer to commence construction of the various Project Elements within certain time frames; and WHEREAS, in 2010, Developer requested that the City amend the Development Agreement to require Developer to commence construction of Vacation Ownership Resort No. 1 to occur on or before March 23, 2019. Accordingly, the Development Agreement was amended by that certain Amendment No. 1 to Second Amended and Restated Development Agreement No. 99-01 dated as of March 1, 2010, and recorded in the Official Records of Orange County California on July 19, 2010, as Instrument No. 2010000341657 ("Amendment No. 1 "); and WHEREAS, Developer thereafter requested that the City further amend the Development Agreement and thereafter Amendment No. 5 to the Second Amended and Restated Development Agreement No. 99-01 was recorded in the Official Records of Orange County on July 3, 2019, as Instrument No. 2019000237347 ("Amendment No. 5"), to require the Developer to obtain building permits for the construction of the Vacation Ownership Resort No. 1 on or before December 31, 2019, and Complete Construction and Open for Business no later than twenty-four (24) months after Commencement of Construction of Vacation Ownership Resort No. 1; and WHEREAS, the Development Agreement inclusive of Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5 thereto shall hereinafter be referred to as the "Development Agreement". Unless otherwise defined herein all capitalized terms shall have the meanings ascribed to such terms in the Development Agreement, as amended. Copies of the Development Agreement are available as a public record in the office of the City Clerk located at 200 South Anaheim Boulevard, Anaheim, California; and WHEREAS, Developer obtained building permits for Vacation Ownership Resort No. 1 consistent with the Development Agreement; and WHEREAS, on December 20, 2022, Developer advised the City that construction of Vacation Ownership Resort No. 1 was delayed by the pandemic and resulting government orders, and thereafter the City Council approved Developer's request for an additional extension of twelve (12) months, anticipating Completion of Construction no later than December 27, 2023; and WHEREAS, on December 5, 2023, the City Council determined that Developer was not in compliance with the terms and conditions of the Development Agreement for the 2023 review period and in accordance with the process set forth in Section 7 of the Procedures Resolution directed staff to notify Developer of its intent to establish new development timeframes for Vacation Ownership Resort No. 1 as an alternative to modification or termination of the Development Agreement; and WHEREAS, although Developer satisfied its obligation to obtain building permits for the construction of Vacation Ownership Resort No. 1, the building permits have since expired, and 6Z changes are proposed necessitating the review of a new Final Site Plan application in addition to the issuance of new building permits; and WHEREAS, pursuant to the Procedures Resolution, compliance with the performance schedule established by City Council as an alternative to modification or termination of the Development Agreement shall be subject to periodic review in the manner set forth in Sections 6 and 7 of the Procedures Resolution and lack of good faith compliance therewith shall be a basis for termination or modification of the Development Agreement; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resource Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this resolution; and WHEREAS, the City Council fmds and determines that the previously approved Point Anaheim Initial Study and Mitigated Negative Declaration (IS/MND), and associated Addenda, are the appropriate environmental documentation for this request because since the adoption of the Pointe Anaheim IS/MND and associated Addenda, neither the Project nor the circumstances under which it will be undertaken have changed. Additionally, there is no new information of substantial importance that the City, as Lead Agency, did not know and could not have known previously. The establishment of new performance timelines will not increase the unit count, or otherwise increase the intensity of the project. Therefore, additional environmental review is not required pursuant to CEQA Guidelines Section 15162. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council, does hereby establish the following performance timelines for Vacation Ownership Resort No. 1: Developer shall obtain new building permits for the construction of Vacation Ownership Resort No. 1 on or before April 15, 2025. 2. Developer shall Complete Construction of Vacation Ownership Resort No. 1 and Open for Business no later than twenty-four months after Commencement of Construction. NOW THEREFORE BE IT FURTHER RESOLVED that except as expressly provided to the contrary herein, all provisions of the Development Agreement remain in full force and effect. -3- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2 6 day of March , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None T: CITY CLERK OF THE CITY OF ANAHEIM 151453 CITY OF ANAHEIM B MAYOR OtPE CITY OF ANAHEIM ME Exhibit "A" Legal DesoriPtion A.P.NV : 082-551-07 Real property in the City of Orange, County of Orange, State of Califoml�a, described as follcav6: PARCEL A: PAIRCEL. 7 OF PARCEL MAP NO.2-002-205, IN THE CI -Ty OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF FILED INJ BOOK 349, PAGES 43 TO 50 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS AMENDED BY CERTIFICATE OF CORRECUON, RECORDED APRIL 12, 2007 AS INSTRUMENT NO. 2007000236251 OF OFFICIAL RECORDS. PARCEL B: NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS., EGRESS, STRUCTURAL SUPPORT, COMMON wWALL$, CEILINGS AND FLOORS, UTILITIES, ENCROACHMENTS AND .INCIDENTAL PURPOSES, ALL AS MORE PARTIcULARL.Y SET FORTH IN THAT CERTAIN " ANAHEIM CARDEN'WALK CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT" RECORDED JULY 06, 2DO6 A5 INSTRUMENT NtO� 2006000452379 OF OFFICIAL RECORDS. PARCEL C. AN EXCLUSIVE EASEMENT FOR AIRSPACE AND INCIDENTAL PURPOSES AS MORE PARTICULARLY STET FORTH IN THAT CERTAIN "GRANT OF EASEMENT AND AGREEMENT (LOBBY AND 'BACK OF HOUSE)" RECORDED MARCH 06, 2038 AS INSTRUMENT NO, 20D-8000105435 OF OFFICIAL. RECORDS, DESCRIBED AS FOLLOWS: THOSE PORTION OF PARCEL 4 OF PARCEL MAP NO.20D2-205 IN THE CITY OF AN'AHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 349,, PAGES 43 THROUGH 50 OF PARCEL MAPS, IN THE OFFICE OF THE COU_ FM RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL Al: COMMENCING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 000 38' 13" EAST 382.50 FEET" IN THE EASTERLY LINE OF PARCEL 6 (LEVEL 1) ON SAID PARCEL MAP NO. 20I12-205; THENCE ALONG SAID FAS` ERLY LINE SOUTH 000 38' 13" WEST 87.38 FEET; THENCE AT RIGHT ANGLES TO SAID EASTERLY LINE SOUTH 890 21" 47" EAST 3.52 FEET TO A POINT IN A LINE PARALLEL'JW'ITH SAID EASTERLY LIME AND THE TRUE POINT OF ]BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH ©OD 38' 13" EAST 85.97 FEET; THENCE SOUTH 890 21" 47" EAST 0,40 FEET; THENCE NORTH 00" 38' 13" EAST 18.82 FEET, THENCE NORTH 550 11" OQ" EAST 2.13 FEET; THENCE SOUTH 890 21' 47" EAST 43.{}1 FEET; THENCE SOUTH 000 3B' 13" WEST 31.22 FEET, THENCE SOUTH 89" 2V 47" EAST 23.74 FEET; THENCE SOUTH 000 38" 13" WEST 44.18 FEES'; THENCE NORTH 89' 21' 47"WEST .26,66 FEET; THENCE SOUTH 00" 38' 13" WEST 16.91 FEET; THENCE SOUTH 720 38' 13" -5- LEST 44.40 FEET TO THE TRUE POINT OF BEGINNING. PARCEL QAI) IS AN AIRSPACE EASEMENT WITH AN UPPER ELEVATION LIMIT OF 147.50 FEET. THERE IS NO LOWER ELEVATION LIMIT. PARCEL B1: COMMENCING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 00" 38' 13" EAST 382.50 FEET" IN THE EASTERLY LIME OF PARCEL 6 (LEVEL 1) ON SAID PARCEL MAP NO, 2002-205; THENCE ALONG SAID ,EASTERLY LINE SOUTH 0010 38' 13" WEST 86.13 FEET; THENCE AT RIGHT ANGLES TO SAID EASTERLY LINE SOUTH 890 21' 47" EAST 103.91 FEET TO A POINT IN A LINE PARALLEL WITH SAID EASTERLY LINE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 000 38' 13" EAST 35.21 FEET; THENCE SOUTH 891D 21' 47" EAST 37.00 PEET; THENCE SOUTH 000 38' 13- WEST 7..90 FEET; THENCE SOUTH 89" 21' 47" EAST 32.67 FEET, THENCE SOUTH 000 38' 13" WEST 4.68 FEET; THENCE SOUTH 72- 38' 13" WEST 73.25 FiEEr; TO THE TRUE POINT OF BEGINNING. PARCEL C(B1) IS AN AIRSPACE EASEMENT WITH AN UPPER ELEVATION LIMIT OF 147.50 FEET. THERE IS NO LOWER ELEVATION LIMIT, THE ELEVATION LIMIT FOR PARCELS C(Al) AND C(B1) ARE BASED ON CITY OF ANAHEIM BENCH MARK NO. 9A-16 HAVING AN ELEVATION OF 134.58 FEET(NGVD 1929) PER RECORDS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF ANAHEIM, PARCEL D: AN EXCLUSIVE EASEMENT FOR AIRSPACE AND IN°CIDENTAL PURPOSES AS MORE PARTICULARLY DESCRIBED IN A DOCUMENT ENTITLED "THE GRANT OF EASEMENT AND AGREEMENT (LOBBY & BACK OF HOUSE)" RECORDED MARCH 06, 2008 AS INSTRUMENT NO, 2OD8000105435 OF .OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF, PARCEL, 6 OF PARCEL MAP NO, 20012-205, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 349, PAGES 43 THROUGH 50 OF PARCEL MALTS, AS SAID PARCEL MAPS, AS SAID PARCEL WAS MODIFIED BY A 'CERTIFICATE OF CORRECTION" FOR SAND MAP RECORDED APRIL 12, 2007 AS INSTRUMENT NO. 2007000236251 OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 000 39' 39" EAST 585.52 FEET' IN THE WESTERLY LINE OF SAID PARCEL MAP NO.2002-205; THENCE ALONG SAID WESTERLY LINE NORTH 000 39' 39" EAST 64,60 FEET; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE SOUTH 8,90 20' 2:1 ' EAST 13.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 21' 47" FAST 43.70 FEET; THENCE SOUTH 00° 3$' 13" WEST0.50 FEET; THENCE SOUTH 890 21' 47" EAST 43.63 FEET; THENCE SOUTH 000 38" 13' WEST 20.14 FEET; THENCE SOUTH 890 21' 47" EAST 25.39 FEET; THENCE SOUTH 009'38' 13" WEST 33.44 FEET; THENCE NORTH 89' 21' 47" WEST 98.02 FEET; THENCE NORTH 00° 38" 13" EAST 9.41 FEEL'; THENCE NORTH 89(? 21' 47" WEST 14.69 FEET; THENCE NORTH 00° 38' 13'" EAST 44,67 FEET TO THE TRUE POINT OF BEGINNING. THIS IS AN AIRSPACE EASEMENT WITH AN UPPER ELEVATION LIMIT OF 200.00 FEET THERE IS NO LOWER ELEVATION LIMIT. EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN PARCEL 7 AS SHOWN ON SAID PARCEL MAP NO. 2002-205 AND AS MODIFIED BY SAID INSTRUMENT 2007000236251 OF OFFICIAL RECORDS. THE ELEVATION LIMIT DESCRIBED IS BASED ON CITY OF ANAHEIM BENCH MARK NO. 9A-16 HAVING Ell AN ELEVATION -OF 134,58 FEET (NGVD 1929) PER RECORDS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF ANAHEI . PARCEL E.: AN EXCLUSIVE EASEMENT FOR. AIRSPACE AND INCIOENTAiL PURPOSES AS MORE PARTICULARLY DESCRIBED IN THE DOCUMENT ENTITLEO "THE GRANT OF EASEMENT AND AGREEMENT (iLOSBY .AND BACK OF HOUSE) RECORDED MARCH 06, 2008 AS INSTRUMENT ,NO. 2.008000105435 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL 9 OF PARCEL MAP NO. 20D2-205 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 349, PAGES 43 THROUGH 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY (RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 690 21' 47" WEST 208.00 FEET" IN THE NORTHERLY LINE OF AIRSPACE PARCEL 7 ON SAID PARCEL TRAP NO.2002-205; THENCE' ALONG SAID NORTHERLY LINE S� HH 89° 2V 47'" EAST 1.45 FEET TO THE TRUE POINTOF BEGINNING; THENCE AT RIGHT ANGLES TO SAID NORTHERLY LINE NORTH 00" 38" 13" EAST 11.25 FEET, THENCE NORTH 450 38' 13" EAST 3.54 FEET TO A LINE 'PARALLEL WITH AND 13,75 FEET" NORTHERLY OF SAID NORTHERLY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 891. 21" 47" EAST 63.50 FEET; THENCE SOUTH DO" 38" 13"°WEST 15.00 FEE-; THENCE NORTH 8911 21' 47'" WEST 66.00 FEET; THENCE NORTH 00° 38" 13" EAST 1.25 FEET TO THE TRUE POINT OF BEGINNING. THIS IS AN AIRSPACE EASEMENT WITH AN UPPER ELEVATION LIMIT OF 273.60 FEET. THERE 15 NO LOWER ELEVATION LIMIT. EXCEPTING THEREFROM ANY POR"nON THEREOF LYING WITHIN SAID AIRSPACE PARCEL 7. THE ELEVAnON LIMIT DESCRIBED IS BASED ON CITY OF ANAHEIM BENCH MARK NO. 9A-16 HAVING AN ELEVATION OF 134,58 FEET (NGVD 1929) PER RECORDS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF ANAHEIM. -7- E=BIT "A" LEGAL, DESCRIPTIONS OF THE PROPERTY REAL PROPERTY IN THE CITY OF ANAHE1M, COUNTY OF ORANGE, STATE OF CALIFORN'lA, DESCRIBED AS FOLLOWS: �12elodyland 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, CTI'Y OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, Ilsr THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT THE I EST 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 CALIFORNgk 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: BEGII�,FIlVG AT THE SOUTHV�TST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 67.5.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET TO A POINT. SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEViTLL, RECORDED OCTOBER 5, 1979 INT BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST 486.49 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF LANFD CONVEYED TO DONALD F. REA BY DEED RECORDED DEC -EMBER 1. 1958 IN BOOK 4521, PAGE 453, OF OFFICIAL RECORDS: THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF SAID LAND C'ON%TEYED TO REA, TO THE NORTHEAST CORNER THEREOF; 10 I ENCE VTEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINN'][NG. EXCEPT THE VTST 292.00 FEET THEREOF'. ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF_ Hasenytiger Parcel: LOT 3 OF TRACT INTO. 3330. IN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF CALIFORMA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE x llizIIW4il t1110l510 J -� Zaby's Parcel: LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED I NT BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION CON'Tv=D TO THE CITY OF ANAHEIM BY DEED RECORDED JULY 30,1997 AS INSTRUMENT NO.97 0359942, OFFICIAL RECORDS. Berger Parcel: LOTS 4 AND 5 OF TRACT NO. 3330, IN THE CITY OF AI`ABEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN" BOOK 113, PAGES 2.1 AND 22 OF MISCELLANEOUS MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY Rist Parcel: Parcel 1: THE WT-S'T 292 FEET OF THAT PORTION OF THE SOUTHEAST (TARTER OF SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 'V EST, W THE RANCHO SANT JUAN7 C=AJON DE SANTA ANA. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHO'LA N ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTMITEST QUARTER; THENCE NORTH 675.00 FEET SOUTHEAST QUARTER: THENCE EAST CORNER OF SAID SOUTHEAST ALONG THE 'LEST LINE OF SAID 833.51 FEET PARALLEL, V= THE in SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINN]NG: THENCE SOUTH,O' 16'30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYNT S. JEIVEL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5,1959 INT 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 CONITYED 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 BEGINN�ING-, EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM[ THE SOUTH 60 FEET INCLUDED Vff= KATELLA AVENUE, 120 FEET %9DE. Parcel 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TO)k-NSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO 'SAN JUAN CAJON DE SANTA ANA-, I' THE CITY OF AX4BEIM, 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 SOUTFAVEST CORNER OF SAID SOUTHEAST QUARTER: THENCE NORTH 675..00 FEET ALONG THE WEST = OF SAID SOUTHEAST QUARTER: THENCE EAST 833.51 FEET P.AF,4.LLEL 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 TEE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEI,ILL, 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 DECEM13ER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CON`%,lEYED TO REA, 675.00FEET TO THE NORTHEAST CORNIER THEREOF; THENCE '%TST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED N► qTHIN KATELLA A'%,TNL,JE, 120.00 FEET WME. ALSO EXCEPT THEREFROM THE NORTH 315 FEET- -10- ALSO EXCEPT THEREFROM THE WEST 292 FEET L:q rsini Parcel.: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 NEST_ IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOi'VN ON A MAP RECORDED INT BOOK 51. PAGE 10 OF IMISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS - COMMENCING AT THE SOUTB117EST CORNER OF SAID SO AST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER: THENCE EAST 83.3.51 FEET PARALLEL. '%TI H THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30° EAST 675.11 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWi'N S. JE1XTLL AND LLUCILLE G. JETS TLL, RECORDED OCTOBER 5_ 1959 IN BOOK 4912. PAGE 102 OF OFFICIAL RECORDS: 'THENCE NORTH 0" 16' 30" XKTST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND, THENCE EAST 150.00 FEET PARALLEL ' ATM THE SOUTHERLY LRgEE OF SAID SOUTHEAST QUARTER- THENCE SOUTH 0° 16' 30" EAST, 360.00 FEET PARALLEL. WITH SAID EASTERLY LIFE OF THE LAND CON%TYED TO JEWELL TO THE SOUTHERLY LINE OF SAID SECTION; THENCE IATST 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 CERTAEST FINAL ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE NO. 752833 OF TIE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF UTiICH WAS RECORDED FEBRUARY 9_ 1998 AS INSTRUNIEENTF NO_ 19980071981 OF OFFICIAL RECORDS. Ciih• Parcel: THE, NORTHERLY 280.35 FEET OF PARCEL 1, LN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIF'ORNIk 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 Pyro1 est Parcels: PARCEL L -11- THE EAST 660.00 FEET OF THE VEST 720.00 FEET OFF 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 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 %+TAPS_ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM. THE FOLLO'GT►G DESCRIBED PROPERTY: BEGINNING AT A POINT SOUTH 0" 13' 22" EAST 15.03 FEET FROM THE NORTFA EST CORNER OF THE ABOVE. DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET 1� DE: THENCE SOUTH 0'0 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89" 54" 30" EAST PARALLEL TO THE NORTHERLY L[NTE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13' 22"' VEST, PARALLEL TO THE EASTERLY LINE OF HARBOR. BOULE' aARD 30.75 FEET: THENCE NORTH 890 54' 38" EAST 38.66 FEET; THENCE NORTH 00 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINT- OF FREEDM .NT- 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 CONGA '%7E SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET: THENCE WESTERLY AND SOUTHERLY ALONG SAID CUR%rE THROUGH A CENTRAL ANGLE OF 900 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGDqNING OF THIS DESCRIPTION PARCEL 2: BEGINNING AT A POINT SOUTH 00 13' 22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABO',>T DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 12.0 FEET ,N%TIDE-, THENCE SOUTH 00 13' 22" EAST ALONG SAID EASTERLY LINE, 100.08 FEET; THENCE NORTH 890 54' 30" EAST PARALLEL TO THE NORTHERLY LITHE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH flc' 13' 22" '%TST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 890 54' 38" EAST 38.66 FEET: THENCE NORTH 0° 13" 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN lka AY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINT OF SAID FREEDMAN WAY, SOUTH 890 54' 30°" WEST 134.97 FEET TO THE BEGINNINIG OF A CLTR%TE C°ONC"ANTE SOUTHEASTERLY .AND HA' T,,TG A RADIUS OF 1.5.00 FEET; THENCE WESTERLY .AND SOUTHERLY ALONGS'AID CURVE THROUGH A CENTRAL ANGLE OF 90" 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. —12— AP'N: 082-551-01 082-551-02 _ 082-551-03 082-551-04 082-551-05 082-551-06 - 082-551-07 082-551-11 W DISNEY WAY - 822, 2' 11 Uj 195' z w U h c, N A I W KATELLA AVE n � Source: Recorded Tract Maps anchor City GtS_ �Cet Pleas* note the accuracy is +f- two to fey& feet. -13- CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2024-025 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26t' day of March, 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 271h day of March. 2024. 9b.. I CITY CL RK OF'THE CITY OF ANAHEIM (SEAL)