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6061ORDINANCE NO. 6061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REGARDING THE ANAHEIM REDEVELOPMENT AGENCY'S LIMITATION ON THE USE OF EMINENT DOMAIN IN THE MERGED PROJECT AREA WHEREAS, the Anaheim Redevelopment Agency ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) ("Redevelopment Law"); and WHEREAS, the City of Anaheim ("City") is a California municipal corporation and charter city exercising powers under the laws of the State of California; and WHEREAS, pursuant to the Redevelopment Law the City Council ("City Council") of the City of Anaheim ("City") is the legislative body of the Agency; and WHEREAS, on July 19, 1973, by Ordinance No. 3190, the City Council approved and adopted a redevelopment plan for the Alpha Redevelopment Project ("Alpha Project") and subsequently amended such redevelopment plan by Ordinance No. 3567 on July 20, 1976, Ordinance No. 3631 on November 30, 1976, Ordinance No. 4300 on January 12, 1982, Ordinance No. 4786 on December 16, 1986, Ordinance No. 5468 on December 13, 1994, Ordinance No. 5895 on December 16, 2003, and Ordinance No. 5899 on January 27, 2004 to modify land uses, amend relocation policies, establish a tax increment limit, delete the time limit to incur debt, and establish time limits in compliance with Assembly Bill 1290 ("AB 1290") and Senate Bill 1045 ("SB 1045"); the Alpha Project was subsequently amended to merge with the other existing redevelopment project areas in the City and to establish time limits in accordance with Senate Bill 1096 ("SB 1096") and Section 33333.10 of the Redevelopment Law as described below; and WHEREAS, on November 29, 1983, by Ordinance No. 4463, the City Council adopted a redevelopment plan for the River Valley Redevelopment Project ("River Valley Project") and subsequently amended such redevelopment plan by Ordinance No. 5091 on February 6, 1990, Ordinance No. 5467 on December 13, 1994, Ordinance No. 5751 on December 19, 2000, Ordinance No. 5895 on December 16, 2003, and Ordinance No. 5899 on January 27, 2004 to modify land uses, delete the time to incur debt, and establish time limits in compliance with AB 1290 and SB 1045; the River Valley Project was subsequently amended to merge with the other existing redevelopment project areas in the City and to establish time limits in accordance with SB 1096 and Section 33333.10 of the Redevelopment Law as described below; and WHEREAS, on June 12, 1990, by Ordinance No. 5136, the City Council adopted a redevelopment plan for the Plaza Redevelopment Project ("Plaza Project") and subsequently amended such redevelopment plan by Ordinance No. 5465 on December 13, 1994 and Ordinance No. 5895 on December 16, 2003 to establish time limits in compliance with AB 1290 and SB 1045; the Plaza Project was subsequently amended to merge with the other existing redevelopment project F-\DOCS\DEVSVCS\STAFFREP\SRS751 IASB 53 Ordinance .DOC areas in the C Redevelopment and to establish time limits in accordance with Section 33333.10 of the W as described below; and WHERE S, on December 7, 1993, by Ordinance No. 5412, the City Council adopted a redevelopment plan for the Brookhurst Commercial Corridor Redevelopment Project ("Brookhurst Area") and subsequently amended the redevelopment plan to add territory to the project area ("Added Ar a") and to rename the project area the West Anaheim Commercial Corridor Redevelopment Project ("West Anaheim Project") by Ordinance No. 5637 on June 23, 1998 and Ordinance No. 5d66 on December 13, 1994 and Ordinance No. 5895 on December 16, 2003 to establish time limits in compliance with AB 1290 and SB 1045; the West Anaheim Project was subsequently arae ded to merge with the other existing redevelopment project areas in the City and the Brookhurst ea was subsequently amended to establish time limits in accordance with Section 33333.10 of the Redevelopment Law as described below; and WHEREAS, on December 21, 1993, by Ordinance No. 5415, the City Council adopted a redevelopment pl in for the Commercial/Industrial Redevelopment Project ("Commercial/Industrial Project") and sub equently amended the redevelopment plan by Ordinance No. 5464 on December 13, 1994 and Ord nance No. 5895 on December 16, 2003 to establish time limits in compliance with AB 1290 and SB 1045; the Commercial/Industrial Project was subsequently amended to merge with the other existing redevelopment project areas in the City and to establish time limits in accordance with Section 33333.10 of the Redevelopment Law as described below; and WHERE S, on August 9, 1994, by Ordinance No. 5442, the City Council adopted a redevelopment plan for the Stadium Redevelopment Project ("Stadium Project"); the Stadium Project was subsequently amended to establish time limits in compliance with SB 1096 and to merge with the other existing -edevelopment project areas in the City as described below; and WHERE S, on May 25, 2004, by Ordinance Nos. 5913, 5914, 5915, 5916, 5917 and 5918, the City Council adopted amendments to all of the existing redevelopment project areas, including the Alpha Project, River Valley Project, Plaza Project, West Anaheim Project, Commercial/Industrial Project, and the Stadium Project, to merge all such constituent and component project areas into the Anaheim Merged Project (as amended, the "Merged Project Area"); and WHERE S, the City Council amended the Alpha Project, River Valley Project, and Stadium Project by Ordinance No. 5973 on June 7, 2005 (as amended nunc pro tunc by Ordinance No. 5979 on June 21, 2005) and Ordinance No. 6028 on July 25, 2006 to establish time limits in compliance withSB 1096; and WHERE S, on September 12, 2006, by Ordinance No. 6034, the City Council approved and adopted the "Amc nded and Restated Redevelopment Plan for the Anaheim Merged Redevelopment Project" as the fficial redevelopment plan for the Merged Project Area and amended the Alpha Project, River Valley Project, Plaza Project, Commercial/Industrial Project, and the Brookhurst Area of the West Anaheim Project to extend the time limit on effectiveness in such project areas by ten (10) additional years pursuant to Section 33333.10(a)(1) and (2) of the Redevelopment L w; and F:\DOCS\DE V SV CS\STAFFREPNSRS7511 AS B 53 Ordinance .DOC WHERE S, the redevelopment plans for the Alpha Project, River Valley Project, Plaza Project, West Araheirn Project, Commercial/Industrial Project, and Stadium Project have been adopted and thereafter amended in compliance with all applicable requirements of the Redevelopment L w and, as merged together, comprise the Amended and Restated Redevelopment Plan for the Anaheim Merged Redevelopment Project (as amended, the "Merged Project Redevelopment Plan"); and WHEREAS, Section 308 of the Merged Project Redevelopment Plan contains the following provisions relating to the acquisition of property as follows: Agency may acquire, but is not required to acquire, any real property ed in the Merged Project Area by gift, devise, exchange, lease, purchase, ent domain or any other lawful method. It is in the public interest and is necessary in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in certain portions of the Merged Project Area. No eminent domain proceeding to acquire property within the Merged Project Area shall be commenced after twelve (12) years following the effective date of the ordinance approving and adopting the added area (Beach Boulevard Area) portion of the West Anaheim Commercial Corridors Redevelopment Project (adopted on June 23, 1998). Eminent domain authority within Redevelopment Project Alpha, Plaza Redevelopment Project, River Valley Redevelopment Project, Commercial/Industrial Redevelopment Project, Anaheim Stadium Redevelopment Project, and the Brookhurst Avenue Area portion of the West Anaheim Commercial Corridors Redevelopment Project has expired. Such time limitation may be extended or reestablished only by arnendment of this Plan. Agency is authorized to acquire structures without acquiring the land i which those structures are located. The Agency is authorized to acquire other interest in real property less than a fee. Without the consent of the owner, the Agency shall not acquire property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner unless: (a) such building requires structural alternation [sic], improvement, modernization, or rehabilitation; (b) the site, or lot on which the building is situated, requires modification in size, shape, or use; or (c) it is necessary to impose upon such property any of the standards, controls, limitations, restrictions, and requirements of this Plan or of any Design Guide adopted by the Agency pursuant to this Plan, and the owner fails or refuses to participate in the Plan or in conformance with any such Design Guide by executing a participation agreement; and F:\DOCS\DEV SVCS`,STAFFREPI..SRS751 I ASB 53 Ordinancc . DOC WHEREAS, Section 402 of the City Charter for the City of Anaheim ("City Charter") contains the following provisions relating to the exercise of the power of eminent domain: Neither the City of Anaheim nor any City -affiliated agency may exercise the power of eminent domain to acquire any property from any private owner thereof, without such owner's consent, when the purpose of the acquisition is the intended conveyance of the property so acquired to any other private party, for the conduct of any for-profit commercial activity or for-profit residential development, sales or leasing. Nothing contained in this section shall be deemed to prohibit acquisitions of property interests by eminent domain for the purpose of either (i) conveying such acquired interests to the owner of other property affected by a public acquisition of property in order to mitigate impacts of the acquisition or the project to be constructed on such other property, or (ii) the development of any facilities to be operated by the City or any facilities of which the City is or shall be an owner. As used in this section, the following terms shall have the following ascribed meanings: "Owner" means the owner of the fee title interest in the property to be acquired, as shown on the last equalized assessment roll, or other more current proof of vesting the City may have. "Property" shall mean any interest in real or personal property otherwise subject to acquisition through the use of eminent domain. "City -affiliated agency" shall mean the Anaheim Redevelopment Agency, Anaheim Housing Authority, and any other entity possessing the power of eminent domain the governing board of which is solely composed of, or is solely appointed by, the members of the City Council of the City of Anaheim (Added November 7, 2007; filed by Secretary of State February 13, 2007); and WHEREAS, Agency's authority to acquire real property by exercising the power of eminent domain has ended and expired as to all portions of the Merged Project Area except for the area added to the West Anaheim Project on June 23, 1998 ("West Anaheim Added Area"); and WHEREAS, the City has not amended, or considered the amendment of, the Merged Project Redevelopment Plan to authorize, reinstate, add, and/or extend the Agency's power of eminent domain in any part or parts of the Merged Project Area; consequently, the Agency does not currently have the authority to exercise the power of eminent domain other than in the West Anaheim Added Area; and WHEREAS, pursuant to Section 33342.7 of the Redevelopment Law, added by Senate Bill 53 and effective as of January 1, 2007, a legislative body that adopted a final redevelopment plan before January 1, 2007, will adopt an ordinance that contains a description of the agency's program to acquire real property by eminent domain; and F:\DOCS\DEVSVCS\STAFFREP\SRS7511 ASB 53 Ordinance .DOC WHEREAS, a conservative reading of SB 53 and Section 33342.7 do not exclude expressly either redevelopment plans that do not include or authorize an agency to exercise the power of eminent domain, or redevelopment plans for which the agency's power of eminent domain has ended and expired for the statutory obligation to adopt an ordinance describing the program to acquire real property for which the power does not exist; and WHEREAS, pursuant to Section 33342.7 the Agency is required to adopt a program for the Agency's acquisition of real property by eminent domain as to the West Anaheim Added Area; and WHEREAS, in order to maintain literal compliance with the Redevelopment Law as to the Merged Project Area except the West Anaheim Added Area and to comply with the Redevelopment Law as to the West Anaheim Added Area, the City Council has prepared for consideration and action this ordinance (i) confirming the expiration of Agency's authority to acquire real property by eminent domain as to the Anaheim Merged Project Area except the West Anaheim Added Area•, (ii) describing Agency's program regarding acquisition of real property by eminent domain for the West Anaheim Added Area; (iii) confirming Agency's conformity with City Charter Section 402 as to such area; and thereby (iv) describing Agency's program regarding acquisition of real property by eminent domain pursuant to Senate Bill 53 and Section 33342.7 of the Redevelopment Law; and WHEREAS, in implementation of SB 53 the Legislature adopted Senate Bill 1809 ("SB 1809"), also effective as of January 1, 2007, that amended Section 33373 to provide that if a redevelopment plan authorizing an agency to acquire property by eminent domain is adopted or amended to add territory, the agency must record a statement of institution of proceedings; and WHEREAS, Section 33373, as amended, provides that a statement of institution must contain (1) a prominent heading in boldface type noting that the property that is the subject of the statement is Iocated within a redevelopment project; (2) a general description of the provisions of the redevelopment plan that authorize the use of the power of eminent domain by the redevelopment agency; and (3) a general description of any limitations on the use of the power of eminent domain contained in the redevelopment plan; and WHEREAS, Subsection (c) of Section 33373 now requires that, for any redevelopment plan adopted on or before December 31, 2006 that authorizes the acquisition of property by eminent domain, the agency must, on or before December 31, 2007, cause a revised statement to be recorded in the official records of the county containing the information previously contained in the statement of institution and the information required by Section 33373(b) of the Redevelopment Law through a "Revised Statement of Institution", the form of which is attached to this Ordinance as Exhibit A and fully incorporated by this reference for the West Anaheim Added Area of the Anaheim Merged Project Area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1. The foregoing Recitals are true and correct and are a substantive part of this Ordinance. Section 2. The Agency's program for the acquisition of real property by eminent domain, with respect to the Merged Project Area, is hereby described as follows: F:\DOCS'�DEVSVCS',.STAFFREP\SRS7511 ASB 53 Ordinance .DOC (a) the power of eminent domain has ended and expired for the Merged Project Area under the pr visions of the Merged Project Redevelopment Plan except as to the West Anaheim Added Area; (b) if and to the extent the Agency and City Council ever desire, if at all, to consider reinstatement of the authorized power of eminent domain in all or any part of the Merged Project Area under the Merged Project Redevelopment Plan, Agency and City Council shall follow the requirements of the Redevelopment Law to consider and take action on adding or reinstating the power of eminent domain pursuant to legal requirements and in compliance with the terms and limitations, if any, set forth in the Merged Project Redevelopment Plan and set forth in the City Charter; and (i) Agency shall exercise the power of eminent domain if at all and when Agency has such power, when its determines that the exercise of such power is an appropriate and useful tool, and if exercised it shall occur in conformity with Section 402 of the City Charter; and (c) as to the West Anaheim Added Area, Agency confirms that it does comply with, and shall co tinue to comply, with the provisions of Section 402 of the City Charter as to such area; and (d) Section 402 of the City Charter describes Agency's program regarding acquisition by eminent domain. Section 3. Except as expressly set forth herein, no amendment to the Merged Project Redevelopment Plan or the City Charter and no change to or limit upon the authority of the City or Agency is effected by this Ordinance, including, without limitation, Agency's authority to acquire property by means other than the exercise of eminent domain. Section 4. The adoption of this Ordinance by the City Council does not constitute a "project" subject to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. ("CEQA") as that term is defined in Section 21065 of CEQA, because the adoption of this Ordinance constitutes a continuing administrative or maintenance activity with no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment and is therefore specifically excluded from the definition of "project" by Section 15378(b)(2) of the CEQA Guidelines, California Code of Regulations Section 15000, et seq.; thus, no further action is required to comply with CEQA. Section 5. On or before December 31, 2007, the Executive Director of Community Development, or her designee, in cooperation with the City Clerk, shall cause a "Revised Statement of Institution of Proceedings" to be recorded with the County Recorder, County of Orange pursuant to Section 3337 (c) of the Redevelopment Law. The Revised Statement of Institution of Proceedings shall be substantially in the form of Exhibit A. Section 6 All required proceedings and considerations precedent to the adoption of this Ordinance have b en regularly taken in accordance with applicable law. Section 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this rdinance. The City Clerk shall cause this Ordinance, or a summary thereof, to be published at least once in the official newspaper within fifteen days after its adoption, in accordance 1 ASB 53 Ordinance .DOC with Section 512 of the City Charter. This Ordinance shall take effect thirty (30) days after its final passage. THE FOREGOING ORDINANCE WAS INTRODUCED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ANAHEIM HELD ON THE FIFTH (5th) DAY OF JUNE 2007, AND THEREAFTER PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ANAHEIM HELD ON THE NINETEENTH (19TH) DAY OF JUNE 2006, BY THE FOLLOWING ROLL -CALL VOTE: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring ��1�IT ABSENT: NONE ABSTAIN: NONE CITY OF AHEIM BY: MAYOR OF THE TY F ANAHEIM ATTEST: CIT CLERK AP(".. . JAC e L. Fr RNEY .r s RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Anaheim and Anaheim Redevelopment Agency 201 South Anaheim Blvd, Suite 1003 Anaheim, CA 92805 Attn: Executive Director of Community Devel pment This document is exempt from the payment of a recording fee pursuant to Government Code Section 6103. REVISED STATEMENT OF INSTITUTION OF PROCEEDINGS ( ecorded Pursuant to Cal. Health & Safety Code § 33373(c)) NOTICE: THE PROPERTY THAT IS THE SUBJECT OF THIS REVISED STATEMENT OF INSTITUTION OF PROCEEDINGS IS LOCATED WITHIN A REDEVELOPMENT PROJECT. The City C uncil ("City Council") of the City of Anaheim ("City") adopted and approved the following redevelo ment plans: • On July 19, 1973, by Ordinance No. 3190, the City adopted and approved the d velopment plan for the Alpha Redevelopment Project (as subsequently amended, "reApha Project"). • On November 29, 1983, by Ordinance No. 4463, the City adopted and approved the red velopment plan for the River Valley Redevelopment Project (as subsequently amended, "River Valley Project"). • On June 12, 1990, by Ordinance No. 5136, the City adopted and approved the red velopment plan for the Plaza Redevelopment Project (as subsequently amended, "PI za Project"). • On December 7, 1993, by Ordinance No. 5412, the City adopted and approved the redevelopment plan for the Brookhurst Commercial Corridor Redevelopment Project ("Brookhurst Area"). The City subsequently amended the Brookhurst Commercial Coitidor Redevelopment Project to add territory ("West Anaheim Added Area") and to tename the project area the West Anaheim Commercial Corridor Redevelopment Pr ject (as subsequently amended, "West Anaheim Project") by Ordinance No. 5637 on June 23, 1998. • OnDecember 21, 1993, by Ordinance No. 5415, the City adopted and approved the redevelopment plan for the Commercial/Industrial Redevelopment Project (as (subsequently amended, "Commercial/Industrial Project") 1 DOCS00 12214850/0 2621-0000 August 9, 1994, by Ordinance No. 5442, the City adopted and approved the ;velopment plan for the Stadium Redevelopment Project (as subsequently ,nded, "Stadium Project"). On: May 25, 2004, by Ordinance Nos. 5913, 5914, 5915, 5916, 5917 and 5918, the City adopted amendments to all of the existing redevelopment project areas, including the Alpha Project, River Valley Project, Plaza Project, West Anaheim Pr eject, Commercial/Industrial Project, and the Stadium Project, to merge all such constituent and component project areas into the Anaheim Merged Project (as'amended, the "Merged Project Area"). • On September 12, 2006, by Ordinance No. 6034, the City Council approved and adopted the "Amended and Restated Redevelopment Plan for the Anaheim Merged Redevelopment Project" as the official redevelopment plan for the Merged Project Area ("Merged Project Redevelopment Plan") and amended the Alpha Project, River Va ley Project, Plaza Project, Commercial/Industrial Project, and the Brookhurst Area of the West Anaheim Project to extend the time limit on effectiveness in such project areas by ten (10) additional years pursuant to Section 33333.10(x)(1) and (2) of I he Community Redevelopment Law. Pursuant t Section 33373(a) of the California Community Redevelopment Law, California Health and Safety Code Sections 33000, et seg. ("Redevelopment Law"), upon adoption of the redevelopment plans for each component project area of the Merged Project Area established thereby, the City caused to be recorded with the Orange County Recorder a description of the land within the Merged Project Area, or a description of any land being added thereto, and a statement that proceedings for the redevelopment of such area had been instituted under the Redevelopment Law (collectively referred to as the "Statement of Institution"). Senate Bill 1809 ("SB 1809"), which became effective as of January 1, 2007, amended certain portions of the Redevelopment Law, including Section 33373, which relates to an agency's duty to record a Satement of Institution. Specifically, Section 33373(b), as amended by SB 1809, provides that if a rcclevelopment plan authorizes the agency to acquire property by eminent domain, the Statement of Institution must contain (1) a prominent heading in boldface type noting that the property that is th subject of the statement is located within a redevelopment project; (2) a general description of the provisions of the redevelopment plan that authorize the use of the power of eminent domain by the redevelopment agency, and (3) a general description of any limitations on the use of the power of eminent domain contained in the redevelopment plan. Additionally, for a redevelopment plan adopted on or before December 31, 2006, that authorizes the acquisition of property by eminent domain, pursuant to subsection (c) of Section 33373(c) as amended by SB 1809, an agency must, on or before December 31, 2007, cause a revised statement to be recorded with the county recorder containing the information previously contained in the Statement of Institution and the information required by Section 33373(b) ("Revised Statement of Institution"). Accordingly, the City Council has adopted Ordinance No. , which approves the Anaheim Redevelopment Agency's ("Agency") Revised Statement of Institution and will cause this document to be -ecorded pursuant Section 33373.3(c), as amended by SB 1809. The legal description of the Merged Project Area is attached as Exhibit "A", and a map showing the Merged Project Area and specifically marking the West Anaheim Added Area is attached as 2 DOCSOC/I2214850/ 2621-0000 Exhibit "B", with both attachments fully incorporated by this reference. Proceedings for the redevelopment of the Merged Project Area have been instituted under the Redevelopment Law. Pursuant t the terms of the Merged Project Redevelopment Plan, Agency is authorized to use the power of nunent domain to acquire real property only within the West Anaheim Added Area. In all other constituent parts and project areas of the Merged Project Area, Agency's authority to exercise the power of eminent domain has ended and expired. Specifically, Section 308 of the Merged Project R. -development Plan provides Agency with authority to acquire real property by eminent domain w thin the Merged Project Area as follows: The Agency may acquire, but is not required to acquire, any real property located in the Merged Project Area by gift, devise, exchange, lease, purchase, eminent domain or any other lawful method. It i in the public interest and is necessary in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in certain portions of the Merged Project Area. No eminent domain proceeding to acquire property within the Merged Project Area shall be commenced after twelve (12) years following the effective date of the ordinance approving and adopting the added are (Beach Boulevard Area) portion of the West Anaheim Commercial Corridors Redevelopment Project (adopted on June 23, 1998). Eminent domain authority within Redevelopment Project Alpha, Plaza Redevelopment Project, River Valley Redevelopment Project, Commercial/Industrial Redevelopment Project, Anaheim Stadium Redevelopment Project, and the Brookhurst Avenue Area portion of the West Anaheim Commercial Corridors Redevelopment Project has expired. Such time limitation may be extended or reestablished only by amendment of this Plan. Agency is authorized to acquire structures without acquiring the upon which those structures are located. The Agency is )rized to acquire any other interest in real property less than a Without the consent of the owner, the Agency shall not acquire property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner unless: (a) such building requires structural alternation [sic], improvement, modernization, or rehabilitation; (b) the site, or lot on which the building is situated, requires modification in size, shape, or use; or (c) it is necessary to impose upon such property any of the standards, controls, limitations, res rictions, and requirements of this Plan or of any Design Guide adopted by the Agency pursuant to this Plan, and the owner fails or 3 DOCSOC/12214850/ 22621-0000 ses to participate in the Plan or in conformance with any such ign Guide by executing a participation agreement. In additio2n: ection 402 the City Charter of the City contains the following restriction on the use of eminent do Nether the City of Anaheim nor any City -affiliated agency may exercise the power of eminent domain to acquire any property from an private owner thereof, without such owner's consent, when the purpose of the acquisition is the intended conveyance of the property so acquired to any other private party, for the conduct of any for- profit commercial activity or for-profit residential development, sales or leasing. Nothing contained in this section shall be deemed to prohibit acquisitions of property interests by eminent domain for the purpose of either (i) conveying such acquired interests to the owner of other property affected by a public acquisition of property in order to mitigate impacts of the acquisition or the project to be constructed on such other property, or (ii) the development of any facilities to be operated by the City or any facilities of which the City is or shall be an owner. As used in this section, the following terms shall have the following asc ibed meanings: er" means the owner of the fee title interest in the property to be red, as shown on the last equalized assessment roll, or other current proof of vesting the City may have. ' shall mean any interest in real or personal property subject to acquisition through the use of eminent domain. "City -affiliated agency" shall mean the Anaheim Redevelopment Agency, Anaheim Housing Authority, and any other entity possessing the power of eminent domain the governing board of which is solely composed of, or is solely appointed by, the members of the City Council of the City of Anaheim (Added November 7, 2007; filed by Secretary of State February 13, 2007). Thus, Age#cy's authority to exercise the power of eminent domain within the Merged Project Area is summarized as follows: A. Al ha Pro'ect River Valley Pro'ect Plaza Pro'ect Brookhurst Area of the West Anaheim Proiect' Commercial/Industrial Pro'ect and Stadium Pro'ect. Agency's authority to exercise the power of eminent domain within the Alpha Project, River Valley Project, Plaza Project, Brookhurst Area of the West Anaheim Project; Commercial/Industrial Project, and Stadium Project has ended and ex ired; therefore, Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property by gift, devise, exchange, purchase, or any other means authorized by law, excluding the use of eminent domain, for the purposes of redevelopment. If and to the extent Agency and City Council ever desire, if at all, to consider reinstatement of the 4 DOCSOC/ 1221485x31 22621-0000 authorized power Project Redevelc Redevelopment I domain pursuant forth in the Meme f eminent domain in all or any part of this Merged Project Area under the Merged ment Plan, Agency and City Council shall follow the requirements of the w to consider and take action on adding or reinstating the power of eminent legal requirements and in compliance with the terms and limitations, if any, set Project Redevelopment Plan and set forth in the City Charter. B. West Anaheim Added Area. Within the West Anaheim Added Area, Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property by gift, devise, exchange, purchase, or any other means authorized by law, including the use of eminent domain, for the purposes of redevelopment. However, even within the West Anaheim Added Area, Agency may not exercise the p wer of eminent domain to acquire any property from any private owner thereof, without such ownq! 's consent, when the purpose of the acquisition is the intended conveyance of the property so acquir d to any other private party, for the conduct of any for-profit commercial activity or for-profit resid ntial development, sales or leasing. Notwithstanding the foregoing, Agency may acquire property interests by eminent domain for the purpose of either (i) conveying such acquired interests to the o ner of other property affected by a public acquisition of property in order to mitigate impacts of the acquisition or the project to be constructed on such other property, or (ii) the development of any facilities to be operated by the City or any facilities of which the City is or shall be an owner. In addition, any eminent domain proceedings initiated by the Agency within the West Anaheim Added Area must commence by June 23, 2010. Such time limitation may be extended and the r strictions on Agency's exercise of eminent domain authority may be altered only by amendment oft e Merged Project Redevelopment Plan pursuant to the Redevelopment Law. Agency's program for the acquisition of real property by eminent domain, with respect to the Merged Project Ar a, is hereby described as follows: (a)', the power of eminent domain has ended and expired for the Merged Project Area under the pro,visions of the Merged Project Redevelopment Plan except as to the West Anaheim Added Area; and (b) if and to the extent the Agency and City Council ever desire, if at all, to consider reinstateinent of the authorized power of eminent domain in all or any part of the Merged Project Area under the Merged Project Redevelopment Plan, Agency and City Council shall follow the requir ments of the Redevelopment Law to consider and take action on adding or reinstating the powerw of eminent domain pursuant to legal requirements and in compliance with the terms and limitatic ns, if any, set forth in the Merged Project Redevelopment Plan and set forth in the City Charter; and (i) Agency shall exercise the power of eminent domain if at all and when Agency has such ower, when it determines that the exercise of such power is an appropriate and useful tool, and if xercised it shall occur in conformity with Section 402 of the City Charter; and (c)I as to the West Anaheim Added Area, Agency confirms that it does comply with, and shall co tinue to comply, with the provisions of Section 402 of the City Charter as to such area; and (d)'�, Section 402 of the City Charter describes Agency's program regarding acquisition by emi ient domain. 5 DOCSOC/12214850/ 22621-0000 EXHIBIT "A" MERGED PROJECT AREA LEGAL DESCRIPTION LEGAL DESCRIPTION EXHIBIT A-1 DOCSOC/ 1221485 v3/022621-0000 LEGAL DESCRIPTION 7 REDEVELOPMENT AREA THOSE PARTICULAR PARCELS OF LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: PARCEL I BEGINNING AT NORTHWEST CORNER OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE CHO LOS COYOTES AS SAID SECTION IS SHOWN ON THE MAP FILED IN BOOK 51 PAGE 11' OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, SAID CORNER LOCATED ATTHI 11 CENTERLINE INTERSECTION OF KNOTT AVENUE, A VARIABLE WIDTH PUBLIC STREET, LINCOLN AVENUE, A VARIABLE WIDTH PUBLIC STREET; THENCE ALONG THE NOR,TERLY LINE OF SAID SECTION 14 AND THE CENTERLINE OF LINCOLN AVENUE SOUTH 9039'56" EAST, 974.79 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE DF PARCEL B OF THE PARCEL MAP FILED IN BOOK 17 PAGE 17 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE NORTHERLY ALONG SAID SOUTHERLY PROLONGATION AND SAID WESTERLY LINE OF PARCEL AND THE WESTERLY LINE OF PARCEL A OF SAID PARCEL MAP, NORTH 00024' 18"AST, 500.00 FEET TO THE SOUTHERLY LINE OF TRACT NO. 3388 AS SHOWN ON A FILED IN BOOK 116 PAGES 42 THROUGH 44, INCLUSIVE, OF MISCELLANEOUc MAPS RECORDS OF SAID COUNTY; THENCE, ALONG'ISAID SOUTHERLY LINE, SOUTH 89°37'49" EAST 350.00 FEET TO THE EASTERLY LINE REOF; THENCE, ALONG SAD) EASTERLY LINE, NORTH 00-24'16" EAST, 165.24 FEET TO THE NORTHERLY L OF PARCEL 2 OF PARCEL MAP NO. 91-227 FILED IN BOOK 273 PAGES 15 AND 16 OF PAR L MAPS, RECORDS OF SAID COUNTY; THENCE ALONG COURSES: 1)SOUTH 2)SOUTH 3) SOUTH 4)SOiTTH AND 5) SOUTH AS SHOWN ON S, THENCE COT NORTHERLY WESTERN A) AND 32 OF M NORTHERLY LINE OF SAID PARCEL 2 THE FOLLOWING FIVE ( 5 ) 0036'41" EAST, 728.47 FEET; )0025'16" WEST, 76.72 FEET; 89036'41" EAST, 300.00 FEET )0025'16" WEST, 76.14 FEET; 89036'41" EAST, 296.43 FEET TO THE CENTERLINE OF WESTERN AVENUE LID PARCEL MAP; ING SOUTH 89036'41" EAST ALONG THE PROLONGATION OF SAID OF PARCEL 2, 29.99 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF AS SHOWN ON A MAP OF TRACT NO. 1820 FILED IN BOOK 51 PAGES 31 .LANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 00026'06" EAST, 140.07 FEET TO THE PROLNGATION OF THE NORTHERLY RIGHT-OF-WAY OF TYLER AVENUE A 50 FOOT WIDE P LIC STREET AS SHOWN ON SAID MAP; THENCE ALOIS G SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89037'50" EAST, 1327.57 . FEET TO THE ASTERLY RIGHT-OF-WAY LINE OF GRAND AVENUE A 62 FOOT WIDE PUBLIC STREE r AND THE WESTERLY LINE OF PARCEL 5 OF A PARCEL MAP FILED IN BOOK 56 PAGE 18, RE CORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00°34'27" WEST 463.21 FEET TO THE NORTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP; THENCE ALONG SAID NORTHERLY LINE SOUTH 89°37'49" EAST, 180.80 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALO G SAID EASTERLY LINE SOUTH 00034'26" EAST, 149.40 FEET TO THE SOUTHERLY L OF PARCEL 3 OF SAID PARCEL MAP AND THE NORTHERLY RIGHT-OF- WAY LINE OF AID LINCOLN AVENUE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89°39'59" EAST 372.79 FEET TO THE WESTERLY LINE OF PARCEL 4 OF SAID PARCEL MAP; THENCE ALONG SAID WESTERLY LINE NORTH 00-32'13" EAST, 159.77 FEET TO THE NORTHERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID NORTHERLY LINE SOUTH 89°37'49" EAST, 79.83 FEET TO THE EASTERLY LINE OF SAID PARCEL 5; THENCE ALONG SAID EASTERLY LINE OF PARCEL 5 AND THE EASTERLY LINE OF TRACT NO. 3909 ASS OWN ON A MAP FILED IN BOOK 144 PAGES 1 AND 2 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY, NORTH 00034'38" EAST, 1128.64 FEET TO THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, 1 OWNSHIP 4 SOUTH, RANGE 11 WEST, IN SAID RANCHO LOS COYOTES; THENCE ALOT IG SAID NORTHERLY LINE SOUTH 89033'40" EAST 664.66 FEET TO THE EASTERLY LlI M OF SAID SECTION 11 AND THE CENTERLINE OF STANTON AVENUE A VARIABLE WI 3TH PUBLIC STREET; THENCE AL014G THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN SAID RANCHO LOS COYOTES SOUTH 89036'00" EAST, 1327.85 FEET TO THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID EASTERLY LINE SOUTH 00032'15" WEST, 898.09 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 898.09 FEET OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID SOUTHERLY LINE NORTH 89036'00" WEST, 334.05 FEET TO THE EASTERLY LlNE OF LOT 8 OF TRACT NO. 11836 AS SHOWN ON A MAP FILED IN BOOK 540 PAGES 14 THROUGH 17 INCLUSIVE OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE OF LOT 8 SOUTH 00°37'44' WEST 2.62 FEET TO THE NORTHERLY LINE OF LOT 1 OF SAID TRACT NO. 11830; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID LOT 1 THE FOLLOWING EIGHT (8) COURSE $: 1) NORTH 9037'49" WEST, 40.14 FEET; 2) SOUTH 0 °22' 11" WEST, 8.00 FEET; 3) NORTH 9°37'49" WEST, 151.00 FEET; 4) SOUTH 00,022'11" WEST, 84.50 FEET; 5) NORTH 9037'49" WEST, 16.73 FEET; 6) SOUTH 0)-22'11" WEST, 64.20 FEET; 7) SOUTH 4 t-37'49" EAST, 34.13 FEET; AND 8) SOUTH 0)022'11" WEST, 205.76 FEET TO THE NORTHERLY RIGHT-OF-WAY OF SAID LINCOLN A NUE; THENCE, ALONG S'AID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89037'49" EAST 576.84 FEET TO THE SOU TERLY PROLONGATION OF THE WESTERLY LINE OF PARCEL 1 OF PARCEL MAP NO. 9-285 AS SHOWN ON A MAP FILED IN BOOK 143 PAGE 31 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG S. PARCEL 1, NORTH MAP NO. 79-285; THENCE ALONG FEET TO THE EA THENCE ALONG S NORTHERLY RIGF. BEING PARALLEL SECTION 12; THENCE ALONG FEET TO THE WI STREET; SOUTHERLY PROLONGATION AND SAID WESTERLY LINE OF 0'46" EAST 261.52 FEET TO THE NORTHERLY LINE OF SAID PARCEL NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89°39'31" EAST 303.59 :,Y LINE OF SAID PARCEL MAP; ID EASTERLY LINE SOUTH 00030'46" WEST 261.67 FEET TO SAID -OF-WAY LINE OF LINCOLN AVENUE, SAID RIGHT-OF-WAY LITH AND 40 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89°37'49" EAST 920.63 LY RIGHT-OF-WAY LINE OF DALE STREET A 90 FOOT WIDE PUBLIC THENCE ALONG S WESTERLY RIGHT-OF-WAY LINE, NORTH 00°31'20" EAST, 200.00 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PARCEL 1 OF THE PARCEL MAP FILE IN BOOK 85 PAGE 32 OF PARCEL MAPS RECORDS OF SAID COUNTY; THENCE ALONG S WESTERLY PROLONGATION AND SAID NORTHERLY LINE OF PARCEL 1 SOUTH 9037'50" EAST 374.87 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SEASTERLY LINE SOUTH 00029'04" WEST 44.00 FEET TO THE NORTHERLY LINE OF PARCEL 3 OF A PARCEL MAP FILED IN BOOK 9 PAGE 50 OF PARCEL MAPS RECORDS O SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE AND THE EASTERLY PROLONGATION OF SAID NORTHERLY LINE AND THE SOUTHERLY LINE OF PARCEL 1 ALL OF SAID PARCEL MAP FILED IN BOOK 9 PAGE 50 OF PARCEL MAPS SOUTH 89037'50" EAST 734.63 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID EASTERLY LINE AND THE EASTERLY LINE OF TRACT NO. 2775 AS SHOWN ON A MAP', FILED IN BOOK 120 PAGES 32 THROUGH 34 INCLUSIVE, OF MISCELLANEOUS S , RECORDS OF SAID COUNTY NORTH 00°31'05" EAST 490.00 FEET j TO THE SOUTHI RLY RIGHT-OF-WAY LINE OF YALE AVENUE A 60 FOOT WIDE PUBLIC STREET; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89035'42" EAST 265.00 FEET TO THE WESTERLY L OF TRACT NO. 3007 AS SHOWN ON A MAP FILED IN BOOK 89 PAGES 33 AND 34 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE SOUTH 00°43'28" WEST 99.18 FEET TO THE SOUTHERLY LINE OF SAID TRACT; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89-37'49 EAST 664.09 FEET TO THE WESTERLY L OF TRACT NO. 10437 S SHOWN ON A MAP FILED IN BOOK 479 PAGES 37 THROUGH 39 Of MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE SOUTH 00°28'51" WEST 258.28 TO THE SOUTHERLY LINE OF SAID TkACT. THENCE ALONG SAID SOUTHERLY LINE SOUTH 89037'21" EAST 664.17 FEET TO THE CENTERLINE O MAGNOLIA AVENUE AND THE EASTERLY LINE OF SAID SECTION 12 TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN SAID RANCHO LOS COYOTES; THENCE ALONG' SAID CENTERLINE SOUTH 00028'43" WEST 2993.89 FEET TO THE CENTERLINE Or ORANGE AVENUE AND THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE ALON SAID CENTERLINE NORTH 89041'27" WEST 1593.52 FEET TO THE SOUTH PROLONGATIO OF THE EASTERLY LINE OF TRACT NO. 2864 AS SHOWN ON A MAP FILED IN BOOK 88 PA ES 20 AND 21 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONGSAID SOUTHERLY PROLONGATION, SAID EASTERLY LINE AND THE EASTERLY L OF TRACT NO. 5262 AS SHOWN ON A MAP FILED IN BOOK 191 PAGES 3 AND 4 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY NORTH 00°26'48" EAST 1341.22 FEET; CONTINUING ALONG SAID EASTERLY LINE OF TRACT NO. 5262 AND THE NORTHERLY PROLONGATION THEREOF NORTH 02009'13" EAST 45.02 FEET TO THE NORTHERLY RIGHT- OF-WAY LINE OF BROADWAY AVENUE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89019'43" EAST 928.81 FEET TO THE 1S. ORTHERLY PROLONGATION OF THE WESTERLY LINE OF TRACT NO. 3300 AS SHOWN ON A MAP FILED IN BOOK 103 PAGES 35 THROUGH 36 OF MISCELLANEOUS MAPS; THENCE ALONG SAID WESTERLY LINE SOUTH 00-49'11" WEST 710.55 FEET TO THE SOUTHERLY LINE THEREOF; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°18'57" EAST 506.78 FEET TO THE EASTERLY LINE OF LOT 29 OF SAID TRACT NO. 3300; THENCE ALONG SAID EASTERLY LINE NORTH 00'40'17" EAST, 99.56 FEET TO THE SOUTHERLYRIGHT-OF-WAY LINE ROWLAND AVENUE A 64 FOOT WIDE PUBLIC STREET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89-19'43" WEST 42.60 FEET TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID TRACT NO. 3300; THENCE ALONG AID EASTERLY LINE NORTH 00052'07" EAST 611.11 FEET TO SAID NORTHERLY RIGHT-OF-WAY OF BROADWAY AVENUE AND THE SOUTHERLY LINE OF PARCEL MAP NOJ89-215 AS SHOWN ON A MAP FILED IN BOOK 249 PAGES 44 AND 45 OF PARCEL MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY SOUTH 89019'43" EAST 121.61 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25 FEET, SAID CURVE BEING TANGENT NORTHERLY WITH THE WESTERLY RIGHT-OF-WAY LINE OF MAGNOLIA AVENUE AS SHOWN ON SAID PARCEL MAP 89-215; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°11'34" AN ARC DISTANCE OF 39.35 FEET TO SAID WESTERLY RIGHT-OF-WAY OF MAGNOLIA AVENUE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00028'43" EAST 997.47 FEET TO THE SOUTHERLY LINE OF PROPERTY OWNED BY VIC REES AS SHOWN ON A MAP FU ED IN BOOK 17 PAGE 26 OF RECORDS OF SURVEYS, RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE NORTH 89038'16" WEST 395.87 FEET TO THE WESTERLY LINE OF PROPERTY OWNED BY E.W. GARDNER AS SHOWN ON SAID MAP FILED IN BOOK 17 PAGE 26 OF RECORDS OF SURVEYS, RECORDS OF SAID COUNTY; THENCE ALONG SOUTHERLY LIN NORTHEAST QU. RANCHO LOS CC THENCE ALONG WESTERLY LINE SECTION 13; THENCE ALONG QUARTER OF TB 349.58 FEET TO I QUARTER OF TB SECTION 13; AID WESTERLY LINE SOUTH 00021'11" WEST 399.38 FEET TO THE OF THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF THE ITER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN SAID D SOUTHERLY LINE NORTH 89028'46" WEST, 881.17 FEET TO THE SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF HE SOUTHERLY LINE OF THE NORTH ONE-HALF OF THE NORTHWEST NORTHEAST QUARTER OF SAID SECTION 13 NORTH 89°28'46 WEST E EASTERLY LINE OF THE WESTERLY 315 FEET OF THE NORTHEAST NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID THENCE ALONG SAID EASTERLY LINE NORTH 00030'40" EAST 596.81 FEET TO THE SOUTHERLY RIG -0F-WAY LINE OF SAID LINCOLN AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89037'49" WEST 190.00 FEET TO THE EASTERLY LINE OF THE WEST 125 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF NORTHEAST QUARTER OF SAID SECTION 13; THENCE ALONG S AID EASTERLY LINE SOUTH 00030'40' WEST 596.31 FEET TO SAID SOUTHERLY LINE OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QU TER OF SAID SECTION 13; THENCE ALONG SAID SOUTHERLY LINE NORTH 89028'46" WEST 241.48 FEET TO THE EASTERLY LINE C IF THE LAND CONVEYED IN PARCELS 2 AND 4 OF DOCUMENT RECORDED DECEMBER 27, 1989 AS INSTRUMENT NO. 89-698159 OF OFFICIAL RECORDS OF SAID COUNTY} THENCE ALONG SAID EASTERLY LINE THE FOLLOWING THREE COURSES: 1) NORM 00030'40' EAST 373.67 FEET; 2) SOUTH 89037'49" EAST 8.48 FEET; AND 3) NOR' 00°30'40" EAST 222.00 FEET TO SAID SOUTHERLY LINE OF LINCOLN AVENUE; THENCE ALOls G SAID SOUTHERLY LINE; NORTH 89°37'49" WEST 132.47 FEET TO THE EASTERLY Llb E OF THE WEST 424 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE ALO G SAID EASTERLY LINE SOUTH 00°31'20" WEST 222.00 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 288.00 FEET OF THE NORTHWEST QUARTER OF THE NOR ST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE ALOT, G SAID SOUTHERLY LINE NORTH 89037'49" WEST 424.00 FEET TO THE WESTERLY LIl M OF SAID NORTHEAST QUARTER OF SECTION 13 AND THE CENTERLINE OF DALE AVEI TUE 90 FOOT WIDE PUBLIC STREET; THENCE ALOIS G SAID CENTERLINE SOUTH 00°31'20" WEST 14.55 FEET TO THE NORTHERLY LINE OF THE S UTH 296 FEET OF THE EAST 4 ACRES OF THE NORTH 10 ACRES OF THE EAST 13 ACRE OF THE N 18 ACRES OF THE E 30 ACRES OF THE NORTHEAST QUARTER OF THE NOR ST QUARTER OF SAID SECTION; THENCE ALO 'G SAID NORTHERLY LINE NORTH 890 28'40 WEST, 290.51 FEET TO THE EASTERLY LD E OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 33 PAGE 31 OF PARCEL MAPS; THENCE ALON G SAID EASTERLY LINE OF PARCEL 1 THE FOLLOWING FOUR COURSES: 1) SOIT. 7H 00°37'45" WEST 296.00 FEET; 2) SOUTH 89°28'40" EAST 37.59 FEET; 3) SOU. H 00-3120 WEST 96.78 FEET; AND 4) SOUTH 89°28'40" EAST 208.47 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID DALE AVENUE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°31'20" WEST 640.25 FEET TO THE NORTHERLY LINE OF TRACT NO. 2400 AS SHOWN ON A MAP FILED IN BOOK 69 PAGES 20 AND 21 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE AND THE NORTHERLY LINE OF TRACT NO. 2655 AS SHOWN ON'A MAP FILED IN BOOK 79 PAGE 5 OF MISCELLANEOUS MAPS OF SAID COUNTY, NORTH 89042'56" WEST 1974.39 FEET TO THE SOUTHERLY LINE OF LOT B OF SAID TRACT NO. 2655: THENCE ALOG SAID SOUTHERLY LINE SOUTH 58027'04" WEST 360.71 FEET TO THE EASTERLY L OF PARCEL MAP 82-265 AS SHOWN ON A MAP FILED IN BOOK 179 PAGES 14 AND 15 OF ARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE AND THE WESTERLY LINE OF TRACT NO. 2655 AS SHOWN ON A FILED IN BOOK 79 PAGES 1 THROUGH 4 INCLUSIVE, SOUTH 00033'46" WEST 1186.45 FEET TO A LINE PARALLEL WITH AND 40 FEET SOUTHERLY OF THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13;' THENCE ALONG SAID PARALLEL LINE NORTH 89041'08" WEST 239.03 FEET TO A LINE PARALLEL WITH AND 92 FEET EASTERLY OF THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13; THENCE ALONG SAID PARALLEL LINE SOUTH 00°31'20" WEST 814.96 FEET TO THE SOUTHERLY LINE OF THE NORTH 859.96 FEET MEASURED ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89041'08" EAST 572.23 FEET TO THE EASTERLY LINE OF THE WEST ONE-HALF OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13; THENCE ALONG SAID EASTERLY LINE NORTH 00035'14" EAST 183.09 FEET TO THE SOUTHERLY LINE OF TRACT NO. 5227 AS SHOWN ON A MAP FILED IN BOOK 186 PAGES 49 AND 50 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89057'16" EAST 664.04 FEET TO THE WESTERLY LINE OF TRACT NO. 2875 AS SHOWN ON A MAP FILED IN BOOK 87 PAGE 43 THROUGH 45 OF MMELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE SOUTH 00°31'20" WEST 661.01 FEET TO THE NORTHERLY LINE OF TRACT NO. 2228 AS SHOWN ON A MAP FILED IN BOOK 69 PAGES 34 THROUGH 37 INCLUSIVE RECORDS OF SAID COUNTY; THENCE ALONG COURSES: 1) NORTH 2) SOUTH 3) NORTH 4) SOUTH AND 5) NORTH BEACH THENCE ALONG S THE NORTHERLY THE SOUTH ONE I SAID SECTION 13; THENCE ALONG S EASTERLY LINE C SOUTH ONE HALF SECTION 13; NORTHERLY LINE OF TRACT NO. 2228 THE FOLLOWING FIVE (5) 9040'42" WEST 664.07 FEET; )031'57" WEST 155.02 FEET; 9038'46" WEST 397.07 FEET; )032'12" WEST 20.00 FEET; 9038'46" WEST 175.28 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF OULEVARD; EASTERLY RIGHT-OF-WAY SOUTH 00°31'20" WEST 728.12 FEET TO 's OF THE SOUTHERLY 94 FEET OF THE NORTHERLY 329.52 FEET OF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF D NORTHERLY LINE SOUTH 89040'29" EAST 372.20 FEET TO THE THE WESTERLY 464.20 FEET OF THE NORTHERLY 329.52 FEET OF SAID F THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID THENCE ALONG SEASTERLY LINE SOUTH 00°31'20 WEST 121.81 FEET TO THE NORTHERLY LINE OF LAND SHOWN ON A MAP FILED IN BOOK 5 PAGE 5 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAM NORTHERLY LINE SOUTH 89-40'15" EAST 398.05 FEET TO THE EASTERLY LINE O SAID PARCEL MAP; 7 THENCE ALON SAID EASTERLY LINE SOUTH 00029'25" WEST 250.00 FEET TO THE NORTHERLYGHT-OF-WAY LINE OF BALL ROAD SAID LINE BEING PARALLEL WITH AND 53 FEET OR;WROF THE SOUTH LINE OF SAID SECTION 13; THENCE ALON SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 89040'15" WEST 1354.46 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO WILLIAM H. BRINING RECORDED MAY 31, 1956 IN BOOK 3056 PAGE 47 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE NORTH 00°30'00 EAST 240.97 FEET TO THE SOUTHERLY LINE OF SAID TRACT NO. 2228; THENCE ALO G SAID SOUTHERLY LINE SOUTH 89038'44" EAST 110.00 FEET TO THE WESTERLY LD E OF PARCEL 2 AS SHOWN ON A PARCEL MAP FILED IN BOOK 68 PAGE 16 OF PARCEL MAPS RECORDS OF COUNTY; THENCE ALONG SAID WESTERLY LINE SOUTH 00°30'00" WEST 66.92 FEET TO THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP; THENCE ALONG SAID NORTHERLY LINE NORTH 89°40'15" EAST 285.13 FEET TO THE NORTHERLY LIKE OF DALE AVENUE; THENCE ALONG SAID NORTH LINE SOUTH 00°31'20" WEST 37.00 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 1 OF PARCEL MAP NO. 87-386 AS SHOWN ON A PARCEL MAP FILED IN BOOK 281 PAGE 7 AND 9 OF PARCEL MAPS; THENCE ALONG SAID PROLONGATION AND SAID SOUTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAP 140.87-386 THE FOLLOWING FIVE (5) COURSES: 1) SOUTH 89°40'15" EST 179.93 FEET; 2) NOR 00°30'05" EAST 39.95 FEET; 3) SO 89°29'55" EAST 79.93 FEET; 4) SOUTH 00°30'05" WEST 176.71 FEET; AND 5) SOUTH 89'40'15" EAST 250.00 FEET TO THE SOUTHEAST CORNER OF SAID PARC 1; THENCE ALONG THE EASTERLY PROLONGATION OF SAID SOUTHERLY LINE SOUTH 89040'15" EAST 200.00 FEET TO THE EASTERLY LINE OF THE WEST HALF OF THE SOUTHWEST Q JARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13; THENCE ALONG SAID EASTERLY LINE NORTH 00°31'20" EAST 312.00 FEET TO THE EASTERLY PRC LONGATION OF THE NORTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 87-386; THENCE ALON SAID EASTERLY PROLONGATION AND SAID NORTHERLY LINE OF PARCEL ONE OF PARCEL MAP NO. 87-386 NORTH 89040'15" WEST 614.64 FEET TO THE EASTERLY LINE OF DALE AVENUE A 90 FOOT WIDE PUBLIC STREET; THENCE ALONG SAID EASTERLY LINE NORTH 00°31'52" EAST 955.32 FEET TO THE SOUTHERLY LINE OF TRACT NO. 2876 AS SHOWN ON A MAP FILED IN BOOK 87 PAGE 47 OF MISCELLANEO S MAPS RECORDS OF SAID COUNTY; THENCE ALONG S. SOUTHERLY LINE NO. 1951 AS SHOW MAPS RECORDS 0: OD SOUTHERLY LINE AND THE EASTERLY PROLONGATION OF SAID SOUTH 89040'39" EAST 1288.92 FEET TO THE WESTERLY LINE OF TRACT 1 ON A MAP FILED IN BOOK 63 PAGES 4 AND 5 OF NUSCELLANEOUS r SAID COUNTY; THENCE ALONG S WESTERLY LINE SOUTH 00034'33" WEST 1280.47 FEET TO THE NORTHERLY RIG -OF-WAY OF BALL ROAD SAID RIGHT-OF-WAY BEING PARALLEL WITH AND 40 FEET SOUTHERLY OF THE SOUTH 89040' 15' EAST 1179.01 FEET TO THE EASTERLY LINE OF LOT 159 0 7 SAID TRACT NO. 1951; THENCE ALONG S EASTERLY LINE OF LOT 159 AND THE EASTERLY LINE OF LOTS 158 AND 157 OF SAID IRACT NO. 1951 NORTH 00017'20" EAST 192.12 FEET TO THE SOUTHERLY LINE OF LOT 127 C F SAID TRACT NO. 1951; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°42'40" EAST TO THE WESTERLY RIGHT- OF-WAY LINE OF MAGNOLIA AVENUE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00042'04" EAST 199.75 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 1448 S SHOWN ON A MAP FILED IN BOOK 72 PAGES 5 AND 6 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG S UD PROLONGATION AND SAIDSOUTHERLY LINE THE FOLLOWING THREE (3) COURS S: 1) SOUTH 9°45'43" EAST 324.00 FEET; 2) SOUTH 0° 31'24" WEST 196.00 FEET; AND 3) SOUTH 9°43'43" EAST 311.06 FEET TO THE WESTERLY LINE OF TRACT NO. 2529 AS SHOWN ON A MAP FILED IN BOOK 71 PAGES 17 AND 19 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE SOUTH 00041'51" WEST 236.78 FEET TO THE CENTERLINE OF BALL ROAD AND THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 18 T WNSHIP 4 SOUTH RANGE 10 WEST IN SAID RANCHO LOS COYOTES; THENCE ALONG SAID SOUTHERLY LINE NORTH 89040'15" WEST 31.16 FEET TO THE EASTERLY LINE OF THE WEST 572.84 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19 TOWNSHIP 4 SOUTH RANGE 10 WEST IN SAID RANCHO LOS COYOTES; THENCE ALONG SAID EASTERLY LINE SOUTH 00028'43" WEST 786.50 FEET TO THE SOUTHERLY LINE OF THE NORTH 786.50 FEET OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19 TOWNSHIP 4 SOUTH RANGE 10 WEST IN SAID RANCHO LOS COYOTES: THENCE ALONG AID SOUTHERLY LINE NORTH 89040'15" WEST 369.84 FEET TO THE EASTERLY LINE F THE WEST 203 FEET OF SAID NORTHWEST QUARTER OF THE NORTHWEST QU TER OF SECTION 19 TOWNSHIP 4 SOUTH RANGE 10 WEST IN SAID RANCHO LOS CO Ur THENCE ALONG SAIDEASTERLY LINE SOUTH 00°28'43" WEST 544.29 FEET TO THE SOUTHERLY LINE OF THE NORTH HALF OF SAID NORTHWEST QUARTER OF THE NORTHWEST QU TER OF SECTION 19 TOWNSHIP 4 SOUTH RANGE 10 WEST IN SAID RANCHO LOS CO OTES: G1i THENCE ALON SAID SOUTHERLY LINE NORTH 89031'17" WEST 203.00 FEET TO THE CENTERLINEO MAGNOLIA AVENUE AND THE WESTERLY LINE OF THE NORTHWEST QUARTER OF S SECTION 19; THENCE ALON SAID WESTERLY LINE NORTH 00028'43" EAST 997.96 FEET TO THE NORTHERLY Ll qE OF TRACT NO. 11568 AS SHOWN ON A MAP FILED IN BOOK 501 PAGES 24 AND 25 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALON SAID NORTHERLY LINE NORTH 89030'47" WEST 262.30 FEET TO THE WESTERLY L OF THE EASTERLY 262.30 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST Q ARTER OF SECTION 24 ,TOWNSHIP 4 SOUTH, RANGE 11 WEST IN SAID RANCHO LOS C YOTES; THENCE ALONG SAID WESTERLY LINE NORTH 00°28'43" EAST 278.58 FEET TO THE SOUTHERLY RI HT -OF -WAY LINE OF BALL ROAD; THENCE ALON SAID SOUTHERLY LINE NORTH 89040'15" WEST 2060.96 FEET TO THE EASTERLY L OF PARCEL 1 OF PARCEL MAP FILED IN BOOK 118 PAGE 8 OF PARCEL MAPS RECORD OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE SOUTH 00°32'5T' WEST 171.00 FEET TO THE NORTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP; THENCE ALON43 SAID NORTHERLY LINE THE FOLLOWING THREE COURSES: 1) NOR 89°39'19" WEST 146.00 FEET; 2) SOUTH 00°32'57" WEST 105.00 FEET; AND 3) NOR 89°39'20" WEST 147.55 FEET TO THE EASTERLY RIGHT-OF-WAY OF DALE AVENUE; THENCE ALONG SAID EASTERLY LINE NORTH 00°31'20" EAST 75.94 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF TRACT NO. 2990 AS SHOWN ON A MAP FILED IN BOOK 117 PAGE 4 AND 5 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY: THENCE ALONG SAID EASTERLY PROLONGATION AND SAID NORTHERLY LINE NORTH 89041'5 " WEST 451.60 FEET TO THE WESTERLY LINE THEREOF; THENCE ALON SAID WESTERLY LINE SOUTH 00030'13" WEST 407.23 FEET TO THE NORTHERLY Ll NTE OF TRACT NO. 3268 AS SHOWN ON A MAP FILED IN BOOK 101 PAGE 30 AND 32 OF MIS ELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE NORTH 89041'59" WEST 593.06 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 00°46'22" EAST 609.54 FEET TO THE SOUTHERLY LINE OF BALL ROAD; THENCE ALON SAID SOUTHERLY LINE NORTH 89040'15" WEST 773.32 FEET TO THE NORTHERLY P OLONGATION OF THE WESTERLY LINE OF TRACT NO. 3016 S SHOWN ON A MAP FILED INBOOK 90 PAGE 26 AND 27 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG S SOUTHERLY LINE NORTHWEST OUA 1 WESTERLY LINE SOUTH 00°31'27" WEST 607.30 FEET TO THE THE NORTH ONE HALF OF THE NORTHWEST QUARTER OF THE M OF SAID SECTION 24; THENCE ALONG SAID SOUTHERLY LINE NORTH 89-4119" WEST 883.85 FEET TO THE WESTERLY LINE O SAID SECTION 24; THENCE ALONG SOUTHERLY LINE OF NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE I TORTHEAST QUARTER OF SECTION 23 TOWNSHIP 4 SOUTH RANGE 11 WEST OF SAID RANCHO LOS COYOTES, NORTH 89041'19" WEST 661.48 FEET TO THE WESTERLY LINE 017 THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUAR rER OF SAID SECTION 23; THENCE ALONG S WESTERLY LINE NORTH 00°31' 16" EAST 330.53 FEET TO THE SOUTHERLY LINE OF THE NORTH HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°40'15' EAST 118.38 FEET TO THE WESTERLY LINEtl( AND SHOWN ON A MAP FILED IN BOOK 71 PAGE 24 OF PARCEL MAPS RECORDS OF SAID)UNTY: THENCE ALONG S WESTERLY LINE NORTH 00°31' 15" EAST 383.34 FEET TO THE NORTHERLY RIG -OF-WAY LINE OF BEACH BOULEVARD SAID LINE BEING PARALLEL WITH AND 53 FEET NORTHERLY OF THE SOUTHERLY LINE OF SECTION 14 TOWNSHIP 4 SOUTH RANGE 11 WEST OF SAID RANCHO LOS COYOTES; THENCE ALONG S PARALLEL LINE SOUTH 89038'40" EAST 204.31 FEET TO THE EASTERLY LINE OF TRACT NO. 3823 AS SHOWN ON A MAP FILED IN BOOK 203 PAGES 21 THROUGH 23 INCLUSIVE OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG S EASTERLY LINE NORTH 00°31'20" 1266.04 FEET TO THE SOUTHERLY LINE OF PARCEL MAP NO. 79-275 AS SHOWN ON A MAP FILED IN BOOK 154 PAGES 47 AND 48 OF PARCEL MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAM SOUTHERLY LINE NORTH 89°41'06" WEST 102.72 FEET TO THE WESTERLY LINE OF PARCEL 3 OF SAID PARCEL MAP NO. 79-275; THENCE ALONG S WESTERLY LINE NORTH 00029'37" EAST 140.00 FEET TO THE SOUTHERLY LINE OF TRACT NO. 11820 AS SHOWN ON A MAP FILED IN BOOK 511 PAGES 10 AND 11 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG NO. 11820 THE F( 1) NORTH 8 2) NORTH 0 AND 3) NORTH 8 AS SHOWN MAPS REC( THENCE ALONG 1) NORTH 2)SOUTH 3)SOUTH SOUTHERLY ,EASTERLY , AND NORTHERLY LINES OF SAID TRACT WING THREE COURSES: 1'06" WEST 158.05 FEET; 3'23" EAST 201.61 FEET; 5'51" WEST 98.97 FEET TO THE EASTERLY LINE OF TRACT NO. 11211 f A MAP FILED IN BOOK 491 PAGES 4 AND 5 OF MISCELLANEOUS )S OF SAID COUNTY; BOUNDARIES OF SAID MAP THE FOLLOWING SIX (6) COURSES: !8'10" EAST 233.98 FEET; 2'15" EAST 212.61 FEET; WEST 10.00 FEET; )I 4) SOUTH 89-42'15- EAST 130.00 FEET; 5) NOR 00°31'34" EAST 104.95 FEET; AND 6) NOR 89°41'31" WEST 622.21 FEET TO THE WESTERLY LINE OF SAID TRACT AND THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE ALOIs G SAID WEST LINE SOUTH 00027'57" WEST 669.08 FEET TO THE NORTHERLY LINE OF TRAcr NO. 3823 AS SHOWN ON A MAP FILED IN BOOK 203 PAGES 21 THROUGH 23 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY AND THE SOUTH LINE OF THE NORTH HALF OF SAID SOUTHEAST QUARTER OF SECTION 14; THENCE ALONG SAID NORTHERLY LINE NORTH 89039'40" WEST 1942.58 FEET TO THE EASTERLY RI HT -OF -WAY OF WESTERN AVENUE; THENCE ALO G SAID EASTERLY RIGHT-OF-WAY LINE NORTH 00026'06" EAST 501.81 FEET TO THE SOUTHERLY LINE OF TRACT NO. 7241 AS SHOWN ON A MAP FILED IN BOOK 275 PAGES 13 AND 14 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALO G THE BOUNDARIES OF SAID TRACT NO. 7241 THE FOLLOWING FOUR COURSES: 1) SOUIH 89044' 14' EAST 746.62 FEET; 2) NORTH 00°22'04" EAST 800.43 FEET; 3) NORTH 89-43'17" WEST 313.80 FEET TO THE SOUTHERLY LINE OF CARBON CANYON CREEK AS SHOWN ON SAID MAP; AND 4) ALONG SAID SOUTHERLY LINE SOUTH 68°31'47" WEST 473.05 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1633.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF CARBON CANYON CREEK AND SAID CURVE, OUTHWESTERLY THROUGH A CENTRAL ANGLE OF 21-49'18" AN ARC DISTANCE OF 621.94 FEET; THENCE COG ALONG SAID SOUTHERLY LINE OF CARBON CANYON NORTH 89040'53" WES , A DISTANCE OF 330.15 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SO RLY HAVING A RADIUS OF 1167.00 FEET; THENCE CO G ALONG SAID SOUTHERLY LINE OF CARBON CANYON CREEK AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°15'31" A DISTANCE OF 249.68 FEET TOA RADIAL THAT BEARS SOUTH 11056'24" EAST FROM THE SOUTHWEST CORNER OF PARCEL 2 AS SHOWN ON A PARCEL MAP FILED IN BOOK 34 PAGE 38 OF PARCEL MAPS, RECORDS OF AID COUNTY; THENCE LEA17ING SAID SOUTHERLY LINE OF CARBON CANYON CREEK AND ALONG SAID RADIAL LINE NORTH 11056'24" WEST A DISTANCE OF 75.00 FEET TO SAID SOUTHWEST CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP FILED IN BOOK 34 PAGE 38 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE OF SAID PARCEL 2 NORTH 00025'27" EAST A DISTANCE OF 290.94 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 14 AND THE CENTERLINE OF ORANGE AVENUE; THENCE ALONG S LINE OF TRACT N( MISCELLANEOUS THENCE ALONG COURSES: D NORTH LINE NORTH 89041'09" WEST 157.51 FEET TO THE EASTERLY 3142 AS SHOWN ON A MAP FILED IN BOOK 108 PAGES 13 AND 14 OF APS RECORDS OF SAID COUNTY; BOUNDARIES OF SAID TRACT NO. 3142 THE FOLLOWING THREE 1) NORTH 0°25'27" EAST 998.01 FEET; 2) NORTH 9°41'44" WEST 562.56 FEET; AND 3) SOUTH 026'00" WEST 997.91 FEET TO SAID NORTH LINE OF SOUTHWEST QUARTER F SECTION 14 AND THE CENTERLINE OF ORANGE AVENUE; THENCE ALONG SAM NORTH LINE NORTH 89045'15" WEST 500.73 FEET TO THE EASTERLY LINE OF THE WESTERLY 266.00 FEET OF SAID SOUTHWEST QUARTER OF SECTION 14; THENCE ALONG S EASTERLY LINE SOUTH 00°26'37" WEST 336.88 FEET TO THE NORTHERLY LINE OF TRACT NO. 5107 AS SHOWN ON A MAP FILED IN BOOK 4392 PAGES 44 AND 45 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG WESTERLY LINE THENCE ALONG NORTHWEST CO EXCEPT BEGINNING THE I AVENUE, SAID IN SOUTH RANGE 11 THE MAP FILED T. COUNTY; D NORTHERLY LINE NORTH 89040'27" WEST 266.00 FEET TO THE SAID SECTION 14 AND THE CENTERLINE OF KNOTT AVENUE; WESTERLY LINE NORTH 00026'37" EAST 3013.41 FEET TO THE OF SAID SECTION 14 AND THE TRUE POINT OF BEGINNING. THE FOLLOWING DESCRIBED PARCEL: ?NTERLINE INTERSECTION OF WESTERN AVENUE AND ORANGE ERSECTION BEING THE CENTER OF SAID SECTION 14 TOWNSHIP 4. VEST IN THE RANCHO LOS COYOTES AS SAID SECTION IS SHOWN ON BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF SAID THENCE ALONG S CENTERLINE OF WESTERN AVENUE NORTH 00026'06 EAST 133 1. 11 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 3886 AS SHOWN ON A MAP FILED IN BOOK 151 PAGES 8 THROUGH 10 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAM EASTERLY PROLONGATION AND SAID WESTERLY LINE NORTH 89°42'04" WEST 1324.28 FEET TO THE WESTERLY LINE OF SAID TRACT NO. 3886; THENCE ALONG S WESTERLY LINE AND THE PROLONGATION OF SAID WESTERLY LINE NORTH 00°25 25" EAST 463.00 TO THE NORTHERLY LINE OF LOT 17 OF SAID TRACT NO. 3886; THENCE ALONG S NORTHERLY LINE OF LOT 17 AND THE NORTHERLY LINE OF LOT 18 AND THE PROLONGATION OF THE NORTHERLY LINE OF LOT 18 ALL OF SAID TRACT NO. 3886, NORTH 89°42 04" WEST 331.24 FEET TO THE WESTERLY LINE OF SAID TRACT NO. 3886; THENCE ALONG SAID WESTERLY LINE AND THE WESTERLY LINE OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 123 PAGE 16 OF PARCEL MAPS RECORDS OF SAID COUNTY, 13 NORTH 00024'5 EAST 815.36 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LINCOLN AVENUE, SAIDRIGHT-OF-WAY LINE BEING PARALLEL WITH AND 66 FEET SOUTHERLY OF THE NORTH LINE OF SAID SECTION 14; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89°40'42" EAST 176.14 FEET TO THE WESTERLY LINE OF PARCEL 2 AS SHOWN ON SAID MAP FILED IN BOOK 123 PAGE 16 OF PARCEL S; THENCE ALON 3 THE BOUNDARIES OF SAID PARCEL 2 THE FOLLOWING THREE COURSES: 1) SOU7. H 00°2527" WEST 180.15 FEET; 2) SOU. H 89037'49" EAST 155.00 FEET; AND 3) NOR 7H 00°25'27" EAST 180.00 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF LIN 0LN AVENUE; THENCE ALON 3 SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89037'49" EAST 332.06 FEET TO THE EASMILY LINE OF PARCEL MAP 79-280 AS SHOWN ON A MAP FILED IN BOOK 149 PAGE 16 AND 17 OF PARCEL MAPS; THENCE ALONG SAID EASTERLY LINE SOUTH 00025'08" WEST 307.31 FEET TO THE SOUTHERLY L04E OF LOT 1 OF SAID TRACT NO. 3886; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89037'49" EAST 330.48 FEET TO THE WESTERLY LINE OF TRACT NO. 5102 AS SHOWN ON A MAP FILED IN BOOK 185 PAGES 45 AND 46 OF MI CELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE OF TRACT NO. 5102 AND THE WESTERLY LINE OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 7 PAGE 14 OF PARCEL MAPS, NORTH 00025'08" EAST 307.31 FEET TO SAID SOUTHERLY RIGHT-OF-WAY OF LINCOLN AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89°38'54" EAST 322.28 FEET TO THE EASTERLY LINE OF SAID PARCEL 1 OF SAID PARCEL MAP; THENCE ALONG SAID EASTERLY LINE SOUTH 00-24'17- WEST 264.10 FEET TO THE SOUTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89037'49" EAST 384.79 FEET TO THE WESTERLY LINE OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 44 PAGE 16 OF PARCEL MAP THENCE ALONG SAID WESTERLY LINE SOUTH 00°26'06" WEST 217.50 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHERLY LINE OF PARCEL 1 AND THE SOUTHERLY LINE OF PARCEL 2 AND THE PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 2 ALL AS SHOWN ON SAID PARCEL MAP FILED IN BOOK 44 PAGE 16 OF PARCEL MAPS, NORTH 89050'.55" EAST 586.93 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF TOPANGA DRIVE ; THENCE ALO*G SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00°24'27" EAST 388.16 FEET TO THE SOST CORNER OF LOT 32 OF TRACT NO. 403 AS SHOWN ON A MAP FILED IN BOOK 16 PAG I1 OF MISCELLANEOUS MAPS OF SAID COUNTY; THENCE ALONG SOUTHERLY LINES OF LOTS 27 THROUGH 32 AND LOTS 1 THROUGH 6 AND THE PROLON ATION THEREOF SOUTH 890037'49" EAST 723.83 FEET TO THE EASTERLY LINE O F PARCEL 1 AS SHOWN ON A PARCEL MAP FILED IN BOOK 33 PAGE 2 OF PARCEL MAPS; THENCE ALONG BOUNDARIES OF SAID PARCEL MAP THE FOLLOWING THREE COURSES: 1) SOUTH 00-23'13' WEST 111.99 FEET; 2) SOUTH 89°37'45" EAST 300.65 FEET; AND 3) NORTH 00025'10" EST 37.46 FEET TO THE SOUTHWEST CORNER OF LOT 31 OF TRACT NO 4230 AS SHOWN ON A MAP FILED IN BOOK 243 PAGES 43 AND 44 OF ]MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG SOUTHERLY LINE OF SAID LOT 31 AND THE PROLONGATION OF SAID SOUTHERLY LINE AND THE SOUTHERLY LINE OF LOT 30 ALL AS SHOWN ON SAID MAP OF TRACT NO. 4230, SOUTH 89°34'48" EST 332.71 FEET TO THE EASTERLY LINE OF SAID TRACT NO. 4230; THENCE SAID EASTERLY LINE SOUTH 00027'09" WEST 98.56 FEET TO THE SOUTHERLY LINE OF THE NORTH 5.00 ACRES OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE ALONG SAM SOUTHERLY LINE SOUTH 89°37'49" EAST 625.78 FEET TO THE WESTERLY RIGHT F -WAY LINE OF BEACH BOULEVARD; THENCE ALONG S WESTERLY RIGHT-OF-WAY LINE SOUTH 00°31'20" WEST 307.03 FEET TO THE NORTHERLY LINE OF LAND DESCRIBED IN A QUITCLAIM DEED RECORDED FEBRUARY 2 1996AS INSTRUMENT NO. 19960051737 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG S BOUNDARIES OF SAID LAND DESCRIBED IN INSTRUMENT NO. 19960051737 THE F XLOWING THREE COURSES: 1) NORTH 9037'49" WEST 200.00 FEET; 2) SOUTH 2°08'53" WEST 217.10 FEET; AND 3) SOUTH 9°37'49" EAST 206.16 FEET TO SAID WESTERLY RIGHT-OF-WAY OF BEACH BOULEVARD; THENCE ALONG S WESTERLY RIGHT-OF-WAY SOUTH 00°31'20" WEST 1154.08 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAIE SECTION 14; THENCE ALONG SAM SOUTHERLY LINE NORTH 89040'30" WEST 1257.87 FEET TO THE EASTERLY LINE O TRACT NO. 2611 AS SHOWN ON A MAP FILED IN BOOK 80 PAGE 29 AND 30 OF MISCELL OUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAM WESTERLY LINE SOUTH 00°25'56" WEST 287.52 FEET TO THE SOUTHEASTERLY LINE OF TRACT NO. 6163 AS SHOWN ON A MAP FILED IN BOOK 242 PAGE 15 AND 16 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY: THENCE ALONG S SOUTHEASTERLY LINE THE FOLLOWING SIX (6) COURSES: 1) SOUTH 8°32'05" WEST 132.54 FEET; 2) SOUTH C 0-25'56" WEST 5.39 FEET; 3) SOUTH 8°32'05" WEST 155.70 FEET; IS 4) NOR 89°41'35" WEST 19.51 FEET; 5) SOUTH 00°25'56" WEST 7.80 FEET; AND 6) SOUT11 68°32'05" WEST 694.71 FEET TO THE CENTERLINE OF ORANGE AVENUE, SAIDENTERLINE BEING THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE ALON( POINT OF BEG ALSO EXCEPT I BEGINNING AT IN BOOK 161 Pf? SAID CENTERLINE NORTH 89042'54" WEST 422.79 FEET TO THE TRUE dNING OF THIS EXCEPTION. THE FOLLOWING DESCRIBED PARCEL: SOUTHWEST CORNER OF TRACT NO. 4261 AS SHOWN ON A MAP FILE 41 AND 43 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONC THE WESTERLY LINE OF SAID TRACT NO. 4261 NORTH 00030'28" EAST 996.63 FEET TO LINE PARALLEL W= AND 341.00 FEET SOUTHERLY OF THE NORTHERLY LINE ON THE MRTHEAST QUARTER OF SECTION 13 TOWNSHIP 4 SOUTH RANGE 11 WEST AS SHOWN ON J L MAP OF SAID RANCHO LOS COYOTES: THENCE ALON SAID PARALLEL LINE NORTH 89037'49" EAST 656.08 FEET TO THE EASTERLY L OF TRACT NO. 5090 AS SHOWN ON A MAP FILED IN BOOK 188 PAGES 9 AND 10 OF MIS ELLANEOUS MAPS; THENCE ALON SAID EASTERLY LINE SOUTH 00030'40' WEST 691.61 FEET TO THE . SOUTHEASTERLY LINE OF SAID TRACT NO. 5090 AND THE NORTHERLY LINE OF ORANGE COUNTY FLOOD CONTROL RIGHT-OF-WAY FOR CARBON CANYON CREEK; THENCE ALONG SAID SOUTHEASTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID TRACT NO. 4261 SOUTH 58°30'44" WEST 577.78 FEET; CONTINUING ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 4621 NORTH 89039'04" WEST 166.02 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION. ALSO EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT�THE NORTHWEST CORNER OF TRACT NO. 10877 AS SOWN ON A MAP FILED IN BOOK 480 PAGES 41 TO 42; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID TRACT NO. 10877 SOUTH 99037'46" EAST 167.42 FEET TO THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 91-227 AS SHOWN ON A MAP FILED IN BOOK 273 PAGES 15 AND 16 OF PARCEL MAPS; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1 SOUTH 89°37'46" EAST 448.08 FEET TO THEEASTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP; THENCE ALONG SAID EASTERLY LINE NORTH 00-25'16" EAST 20.40 FEET TO THE SOUTHERLY LINE THEREOF; THENCE ALONO SAID EASTERLY LINE SOUTH 89°37'01" EAST 521.45 FEET TO THE CENTERLINE Of WESTERN AVENUE; THENCE ALONG S LINE OF THAT PA] BOOK 67 PAGE 28 THENCE ALONG WESTERLY LINE 1 CENTERLINE SOUTH 00026'09" WEST 185.27 FEET TO THE SOUTH IL SHOWN AS BEING 1.121 ACRES ON A RECORD OF SURVEY FILED IN RECORDS OF SURVEYS; D SOUTHERLY LINE NORTH 89037'54" WEST 306.39 FEET TO THE LAND SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID WESTERLY LINE SOUTH 02024'39" EAST 135.15 FEET TO THE NORTHERLY RIGHT-OF-WAY OF LINCOLN AVENUE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY NORTH 89037'49" WEST 669.69 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION. PARCEL 2 COMMENCING A THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS COYOTES AS SAID SECTION IS SHOWN ON THE MAP FILED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG WESTERLY SECTION LINE OF SAID SECTION 14, SAID WESTERLY LINE ALSO BEING THE CENTERLINE OF KNOTT AVENUE, SOUTH 00026'37" WEST, 2421.65 FEET TO A LINE PARALLEL WITH AND DISTANT 246.17 FEET, NORTHERLY OF THE SOUTHERLY LINE OF SAID SECTION 14 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 890 40' 15" EAST 267.91 FEET TO A LINE PARAL EL WITH AND 267.91 FEET EASTERLY OF SAID WESTERLY SECTION LINE OF SAID SECTION 14; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE SOUTH 00026'37" WEST 193.17 FEET TO THE NORTHERLY LINE OF BALL ROAD, A 106 FOOT WIDE PUBLIC STREET, THE CENTERLINE OF BALL ROAD BEING SAID SOUTHERLY SECTION LINE OF SAID SECTION 14; THENCE SOUTH 89040'15" EAST 1055.94 FEET ALONG SAID NORTHERLY LINE OF SAID BALL ROAD TOEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND OWNED BY BALLANTINE MOI TNI AS SHOWN ON RECORD OF SURVEY FILED, IN BOOK 44 PAGE 31 OF RECORD OF SUR YS OF THE SAID COUNTY; THENCE NORTH 0°26'55" EAST 100.00 FEET ALONG SAID EASTERLY LINE OF SAID PARCEL OF LAND OWNED BY BALLANTINE MONNI; THENCE CO G NORTH 00026'55"" EAST 276.74 FEET ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID PARCEL OF LAND OWNED BY BALLANTINE MONNI TO THE SOUTHERLY LINE OF TRACT NO. 2839 FILED IN BOOK 85 PAGES 9 THROUGH 15, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 2839 THE FOLLOWING TWO 1'7 COURSES: 1) SOUTH 89°40'27" EAST, 331.61 FEET; 2) SOUTH 00°26'43" WEST, 260.00 FEET; THENCE CONTINUING SOUTH 00026'43" WEST, 116.76 FEET ALONG THE SOUTHERLY PROLONGATION OF SAID SOUTHERLY LINE TO SAID NORTHERLY LINE OF BALL RD.; THENCE NORTH 89040'15" EAST 862.75 FEET ALONG SAID NORTHERLY LINE OF BALL ROAD TO THE EASTERLY LINE OF THE WESTERLY 530.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE NORTHERLY ALONG SAID LAST MENTIONED EASTERLY LINE NORTH 00026'06" EAST 109.54 FEET TO THE SOUTHERLY LINE OF THE SOUTHERLY 162.53 FEET OF THE NORTHERLY 325.07 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE EASTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE SOUTH 89040'15" EAST 131.94 FEET TO THE WESTERLY LINE OF THE EAST HALF OF SAID SECTION 14, SAID LINE BEING THE CENTERLINE OF WESTERN AVENUE, A PUBLIC STREET OF VARIABLE WIDTH; THENCE NORTH 00026'06" EAST 17.46 FEET ALONG SAID LAST MENTIONED WESTERLY LINE AND THE CENTERLINE OF WESTERN AVENUE TO THE NORTHERLY LINE OF THE SOUTHERLY 330.00 FEET IF SAID SECTION 14; THENCE EASTERLY ALONG SAID LAST MENTIONED NORTHERLY LINE NORTH 89040'15" EAST 170.00 FEET TO THE WESTERLY LINE OF PARCEL MAP NO. 85-372 FILED IN BOOK 211 PAGE 22; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID PARCEL MAP NO. 85-372 SOUTH 00026'06" WEST 180.00 FEET TO THE NORTHERLY LINE OF SECTION 23 TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN SAID RANCHO LOS COYOTES, BEING THE CENTERLINE OF SAID BALL ROAD: THENCE SOUTHERLY ALONG THE EASTERLY LINE OF THE WEST 170 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23 SOUTH 00026'06" WEST 264.00 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 264.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE WESTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE NORTH 89040'15" WEST 170.00 FEET TO THE WESTERLY LINE OF THE EAST HALF OF SAID SECTION 23, BEING THE CENTERLINE OF WESTERN AVENUE; THENCE ALONG SAID LAST MENTIONED WESTERLY LINE SOUTH 00026'06" WEST 37.00 FEET TO THE NORTHEAST CORNER OF TRACT 2833, FILED IN BOOK 85 PAGE 7 AND 8 OF MISCELLANEOUS MAPS, OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE OF SAID TRACT NO 2833 THE FOLLOWING TWO COURSES: 1) NORTH 89140;'15" WEST 225.60 FEET 2)NORTH 00°33"00" WEST 251.00 FEET TO THE SOUTHERLY LINE OF SAID BALL ROAD THENCE ALONG SAID SOUTHERLY LINE OF SAID BALL ROAD NORTH 89040'15" WEST 442.48 FEET TO THE WESTERLY LINE OF TRACT NO 14391, FILED IN BOOK 674 PAGES 49 AND 50, RECORDS OF SAID COUNTY; THENCE ALONG SAID LAST MENTIONED WESTERLY LINE SOUTH 00027'45" WEST 250.00 FEET TO THE NORTHERLY LINE OF SAID TRACT NO. 2833; THENCE ALONG SAID LAST MENTIONED NORTHERLY LINE THROUGH THE FOLLOWING TWO(2) COURSES: 1) NORTH 90°40'15" WEST 393.36 FEET 2) NORTH 00°2845" EAST 250.00 FEET TO THE SOUTHERLY LINE OF SAID BALL ROAD; THENCE ALONG SAID LAST MENTIONED SOUTHERLY LINE OF SAID BALL ROAD NORTH 89°40'15" WEST 928.88 FEET TO THE WESTERLY LINE OF PARCEL MAP FILED IN BOOK 109 PAGE 25 OF MISCELLANEOUS MAPS OF SAID COUNTY; THENCE ALONG THE LAST MENTIONED WESTERLY LINE SOUTH 00026'33" WEST 634.50 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL MAP FILED IN BOOK 109 PAGE 25; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL MAP FILED IN BOOK 109 PAGE 25, AND THE PROLONGATION OF SAID SOUTHERLY LINE SOUTH 52043'39" EAST 817.69 FEET TO THE WESTERLY LINE OF TRACT NO. 2833 AS SHOWN ON A MAP FILED IN BOOK 85 PAGES 7 AND 8 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID WESTERLY LINE SOUTH 00027'45" WEST I28.95 FEET TO THE NORTHERLY LINE OF TRACT NO. 1098 AS SHOWN ON A MAP FILED IN BOOK 39 PAGES 1 AND 2 OF MISCELLANEOUS MAP RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 89037'50" WEST 1367.93 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF KNOTT AVENUE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00026'05" EAST 661.08 FEET TO THE SOUTHERLY LINE OF PARCEL MAP NO. 86-383 AS SHOWN ON A MAP FILED IN BOOK 224 PAGES 48 THROUGH 50 OF PARCEL MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE NORTH 89039'39" WEST 409.00 FEET TO THE WESTERLY LINE OF SAID PARCEL MAP; THENCE ALONG SAID WESTERLY LINE AND THE NORTHERLY PROLONGATION OF SAID WESTERLY LINE NORTH 00026'37" WEST 713.37 FEET TO THE NORTHERLY RIGHT-OF-WAY OF BALL ROAD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY NORTH 89040'41" EAST 462.00 FEET TO THE CENTERLINE OF SAID KNOTT AVENUE; THENCE ALONG SAID CENTERLINE NORTH 00026'27' EAST 193.17 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL 2. 19 PARCEL 3 BEGINNING AT THE NORTHEAST CORNER OF SECTION 12 TOWNSHIP 4 SOUTH RANGE 11 WEST IN SAID RANCHO LOS COYOTES AS SHOWN ON SAID MAP FILED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, SAID CORNER BEING THE CENTERLINE INTERSECTION OF LA PALMA AVENUE AND MAGNOLIA AVENUE; THENCE ALONG SAID CENTERLINE OF MAGNOLIA AVENUE, SOUTH 00°28'26' WEST 662.45 FEET TO THE SOUTHERLY LINE OF TRACT NO. 2911 AS SHOWN ON A MAP FILED IN BOOK 97 PAGE 17 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE NORTH 89034'04" WEST 270.00 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF LOT 1 OF SAID TRACT NO. 2911; THENCE ALONG SAID PROLONGATION OF AND SAID WESTERLY LINE THE FOLLOWING FOUR (4) COURSES: 1) NORTH 00°28'06" EAST 120.14 FEET; TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 54.00 FEET; 2) NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°24'30" AN ARC DISTANCE OF 56.93 FEET; 3) ALONG A RADIAL LINE FROM SAID CURVE NORTH 30°03 36" EAST 15.00 FEET; AND 4) NORTH 00°25'56" EAST 116.54 FEET TO THE NORTHERLY LINE OF SAID TRACT NO. 2911; THENCE ALONG SAID NORTHERLY LINE NORTH 89033'l I" WEST 376.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID TRACT, NORTH 00028'43" EAST 419.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF SAID LA PALMA AVENUE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF LA PALMA AVENUE, NORTH 89032'29" WEST 657.93 FEET TO THE WESTERLY LINE OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 79 PAGE 45 OF PARCEL MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE NORTH 00°28'31" EAST 270.00 FEET TO THE NORTHERLY LINE THEREOF; THENCE ALONG THE NORTHERLY LINES OF SAID PARCEL 1 AND PARCEL 2 OF SAID PARCEL MAP THE FOLLOWING TWO COURSES: 1) SOUTH 89 °31'29" EAST 199.92 FEET; 2) NORTH 49°33'33" EAST 100.00 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE AND THE SOUTHERLY PROLONGATION THEREOF SOUTH 40026'27 EAST 227.96 FEET TO THE CENTERLINE OF WOODLAND DRIVE AS SHOWN ON SAID PARCEL MAP, SAID CENTERLINE BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 295.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 55058'26" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGEL OF 34010'29" AN ARC DISTANCE OF 175.96 FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 68012'03" EAST 110.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 310.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48014'30" AN ARC DISTANCE OF 261.01 FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 19057'33" EAST 73.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 425.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71052'51" AN ARC DISTANCE OF 533.19 FEET; THENCE CONTINUING ALONG SAID CENTERLINE. SOUTH 89°31'17" EAST 53.29 FEET TO THE CENTERLINE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTERLINE NORTH 00028'43" EAST 1633.74 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RAIL WAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY SOUTH 56005'02" EAST 4505.92 FEET TO SAID CENTERLINE NORTHERLY RIGHT-OF-WAY OF LA PALMA AVENUE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF LA PALMA AVENUE NORTH 89032'29" WEST 2860.33 FEET TO THE WESTERLY LINE OF LAND SHOWN ON A MAP FILED IN BOOK 98 PAGES 26 AND 27 OF PARCEL MAPS; THENCE LONG SAID WESTERLY LINE NORTH 00024'10" EAST 468.40 FEET TO THE NORTHERLY LINE OF SAID PARCEL MAP; THENCE ALONG SAID NORTHERLY LINE SOUTH 88°51'41" EAST 478.96 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF PARCEL 18 AS SHOWN ON A PARCEL MAP FILED IN BOOK 135 PAGES 19 THROUGH 22 OF PARCEL MAPS RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE AND THE WESTERLY LINE OF PARCEL 19 AND THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF PARCEL 19 ALL OF SAID PARCEL MAP FILED IN BOOK 135 PAGES 19 THROUGH 22 OF PARCEL MAPS NORTH 00029'36" EAST 354.32 FEET TO THE CENTERLINE OF WOODLAND DRIVE AS SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID CENTERLINE SOUTH 89052'25" EAST 15.07 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF PARCEL 15 OF SAID PARCEL MAP; THENCE ALONG SAID PROLONGATION AND SAID WESTERLY LINE AND THE WESTERLY LINE OF PARCEL 14 ALL OF SAID PARCEL MAP NORTH 00°18'35" EAST 216.11 FEET TO THE NORTHERLY LINE OF SAID PARCEL MAP; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING THREE COURSES: 1) NORTH 89°30'25" WEST 734.67 FEET; 2) NORTH 00°29'35" EAST 143.46 FEET; AND 3) NORTH 89°34'54" WEST 605.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF MAGNOLIA AVENUE AS SHOWN ON SAID PARCEL MAP; a► THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF MAGNOLIA AVENUE, SOUTH 00028'01" WEST 879.79 FEET TO THE NORTHERLY LINE OF LAND SHOWN ON PARCEL MAP FILED IN BOOK 45 PAGE 6 OF PARCEL MAPS; THENCE ALONG SAID NORTHERLY LINE SOUTH 89028'49" EAST 296.70 FEET TO THE EASTERLY LINE OF SAID PARCEL MAP FILED IN BOOK 135 PAGES 19 THROUGH 22 OF PARCEL MAPS; THENCE ALONG SAID EASTERLY LINE SOUTH 00030'49" WEST 121.28 FEET TO THE NORTHERLY LINE OF PARCEL 3 AS SHOWN ON A PARCEL MAP FILED IN BOOK 9 PAGE 29 OF PARCEL MAPS; THENCE ALONG SAID NORTHERLY LINE SOUTH 89034'16" EAST 168.75 FEET TO THE EASTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID EASTERLY LINE AND THE PROLONGATION OF SAID EASTERLY LINE SOUTH 00025'44" WEST 228.43 FEET TO THE CENTERLINE OF SAID LA PALMA AVENUE; THENCE ALONG SAID CENTERLINE NORTH 89032'29" WEST 518.76 FEET TO THE TRUE POINT OF BEGINNING. THIS LEGAL DESCRIPTION WAS COMPILED FROM RECORD DATA ONLY. Wr+.. �v aio 8 WM. ALAN BROOKS P.L.S. 6921 DATP-: MY LICENSE EXPIRES 9/30/01 0.60 M;aor F CA EXHIBIT `B" MERGED PROJECT AREA MAP MERGED PROJECT AREA MAP EXHIBIT B-1 DOCSOC/ 1221485v3/022621-0000 avoa NOANVO a13M aAl9 1NOWaIVd z Q m r 3nN3AV ONVaa3S AVMHOIH 1VIa3dWl 3 � i aA19 _. .�.„ e °J31100 1S a ea31SVH 3 0A19 i o9avH s133a1S z ' 1S3M ri 133161S onon3 t i 133a1s ��„�—r--�---T . 1sanHaooa9 3nN AV VIIONOVVIVW 0aVA31n08 HOV38 -r IA [ 133a1S `-T ' 110MI S Z ZJW ¢w '20 O w <Q H W Q W ?¢ m° iia �a E N a N 0 s 0 6 N Q c a C N O0T T 6 O 3nN3AV • _ M3lA3NVl ti L,E. 3nN3AV Nusnl , , k, CIAIS a3 W3tRJN s� ktrs ;i 0A18 303'1100 �-•- a-- E s133a1s .„-'- r 1SV3tv f Q OA19 - � aOBaVH [ VJ rl/ 13MUS anon3 133a1s 1sanHN00a9 3nN3AV VnONOVW aaVA3ln09 HOV39 w 133a1S a 110NN 0 C7j LUj Q w d w o'Q 5a r 3nN3AV ONVaa3S AVMHOIH 1VIa3dWl 3 � i aA19 _. .�.„ e °J31100 1S a ea31SVH 3 0A19 i o9avH s133a1S z ' 1S3M ri 133161S onon3 t i 133a1s ��„�—r--�---T . 1sanHaooa9 3nN AV VIIONOVVIVW 0aVA31n08 HOV38 -r IA [ 133a1S `-T ' 110MI S Z ZJW ¢w '20 O w <Q H W Q W ?¢ m° iia �a E N a N 0 s 0 6 N Q c a C N O0T T 6 O JUN -22-2007 10 59 OCR 7147963692 ATTN: Ann Edmond 714)765-4105 Pub Dates: 6/28/07 gross $491.40 7x130 lineage P. ORDINANCE NO. 6061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEDI REGARDING THE ANAHEIM REDEVELOPMENT AGENCY'S :,IMITATION ON THE USE OF EMINENT DOMAIN IN THE MERGED PROJECT AREA WHEREAS, the Anaheim Redevelopment Agency ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) ("Redevelopment Law"); and WHEREAS, the City of Anaheim ("City") is a California municipal corporation at.d charter city exercising powers under the laws of the State of California; an l WHEREAS, pursuant to the Redevelopment Law the City Council ("City Council") of the City of Anaheim ("City") is the legislative body of the Agency; and WHEREAS, on July 19, 1973, by Ordinance No. 3190, the City Council approved and adopted a redevelopment plan for the Alpha Redevelopment Project ("Alp.1a Project") and subsequently amended such redevelopment plan by Ordi:zance No. 3567 on July 20, 1976, Ordinance No. 3631 on November 30, 1976, Ordinance No. 4300 on January 12, 1982, Ordinance No. 4786 on December 16, 1986, Ordinance No. 5468 on December 13, 1994, Ordinance No. 5895 on December 16, 2003, and Ordinance No. 5899 on January ::7, 2004 to modify land uses, amend relocation policies, establish a tz x increment limit, delete the time limit to incur debt, and establish time limits in compliance with Assembly Bill 1290 ("AB 1290") and Senate L ill 1045 ("SB 1045"); the Alpha Project was subsequently amended to rr erge with the other existing redevelopment project areas in the City and to e;,.tablish time limits in accordance with Senate Bill 1096 ("SB 1096") and Section 33333.10 of the Redevelopment Law as described below; and WHEREAS, on November 29, 1983, by Ordinance No. 4463, the City Council adop-:ed a redevelopment plan for the River Valley Redevelopment Project ("Ri iier Valley Project") and subsequently amended such redevelopmer t plan by Ordinance No. 5091 on February 6, 1990, Ordinance No. 5467 on December 13, 1994, Ordinance No. 5751 on December 19, 2000, Ordinance No. 5895 on December 16, 2003, and Ordinance No. 5899 JUN -22-2007 10:59 OCR 7147963692 P.05 on January 2'J, 2004 to modify land uses, delete the time to incur debt, and establish time limits in compliance with AB 1290 and SB 1045; the River Valley Proj ec : was subsequently amended to merge with the other existing redevelopment project areas in the City and to establish time limits in accordance wAh SB 1096 and Section 33333.10 of the Redevelopment Law as described below; and WHEREAS, on June 12, 1990, by Ordinance No. 5136, the City Council adopted a red:velopment plan for the Plaza Redevelopment Project ('Plaza Project") and subsequently amended such redevelopment plan by Ordinance No. 5465 on December 13, 1994 and Ordinance No. 5895 on December 16, 2003 to establish time limits in compliance with AB 1290 and SB 1045; the Plaza Project was subsequently amended to merge with the other existing redevelopment project areas in the City and to establish time limits in accordance w.th Section 33333.10 of the Redevelopment Law as described below; and WHEREAS, on December 7, 1993, by Ordinance No. 5412, the City Council adopted a redevelopment plan for the Brookhurst Commercial Corridor Redevelopment Project ("Brookhurst Area") and subsequently amended the redevelopment plan to add territory to the project area ("Added Area") and to rename the project area the West Anaheim Commercial Corridor Redwelopment Project ("West Anaheim Project") by Ordinance No. 5637 on June 23, 1998 and Ordinance No. 5466 on December 13, 1994 and Ordinanc , No. 5895 on December 16, 2003 to establish time limits in compliance v ith AB 1290 and SB 1045; the West Anaheim Project was subsequently amended to merge with the other existing redevelopment project areas in the City and the Brookhurst Area was subsequently amended to establish time limits in accordance with Section 33333.10 of the Redevelopme: it Law as described below; and WHEREAS, on December 21, 1993, by Ordinance No. 5415, the City Council adopted a redevelopment plan for the Commercial/Industrial Redevelopmcit Project ("Commercial/Industrial Project") and subsequently amended. the -edevelopment plan by Ordinance No. 5464 on December 13, 1994 and Ord .nance No. 5895 on December 16, 2003 to establish time limits in compliant!, with AB 1290 and SB 1045; the Commercial/Industrial Project was subsequently amended to merge with the other existing redevelopment project areas in the City and to establish time limits in accordance with Section 33333.10 of the Redevelopment Law as described below; and WHEREAS, on August 9, 1994, by Ordinance No. 5442, the City Council adopted a redevelopment plan for the Stadium Redevelopment Project JUN -22-2007 10:59 OCR 7147963692 P.06 ("Stadium Project"); the Stadium Project was subsequently amended to establish time limits in compliance with SB 1096 and to merge with the other existing redevelopment project areas in the City as described below; and WHEREAS, Dn May 25, 2004, by Ordinance Nos. 5913, 5914, 5915, 5916, 5917 and 5913, the City Council adopted amendments to all of the existing redevelopment project areas, including the Alpha Project, River Valley Project, Plaza. Project, West Anaheim Project, Commercial/Industrial Project, and the Stadium Project, to merge all such constituent and component project areas into the Anaheim Merged Project (as amended, the "Merged Project Area"); and WHEREAS, the City Council amended the Alpha Project, River Valley Project, and :stadium Project by Ordinance No. 5973 on June 7, 2005 (as amended nun-, pro tuns by Ordinance No. 5979 on June 21, 2005) and Ordinance Nc . 6028 on July 25, 2006 to establish time limits in compliance with SB 1096 and WHEREAS, on September 12, 2006, by Ordinance No. 6034, the City Council approved and adopted the "Amended and Restated Redevelopment Plan for the Anaheim Merged Redevelopment Project" as the official redevelopment plan for the Merged Project Area and amended the Alpha Project, Riven Valley Project, Plaza Project, Commercial/Industrial Project, and the Broo:churst Area of the West Anaheim Project to extend the time limit on effe,;tiveness in such project areas by ten (10) additional years pursuant to Scction 33333.10(a)(1) and (2) of the Redevelopment Law; and WHEREAS, the redevelopment plans for the Alpha Project, River Valley Project, Plata Project, West Anaheim Project, Commercial/Industrial Project, and Stadium Project have been adopted and thereafter amended in compliance with all applicable requirements of the Redevelopment Law and, as merged together, comprise the Amended and Restated Redevelopment Plan for the Anaheim Merged Redevelopment Project (as amended, the "Merged Proj -.ct Redevelopment Plan"); and WHEREAS, Section 308 of the Merged Project Redevelopment Plan contains the Following provisions relating to the acquisition of property as follows: The Agency may acquire, but is not required to acquire, any real property located in the Merged Project Area by gift, devise, exchange, lease, purchase, em. nent domain or any other lawful method. It is in the public interest and is necessary in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in certain portions of the Merged Project Area. JUN -22-2007 11:00 OCR 7147963692 P.O7 No eminent , lomain proceeding to acquire property within the Merged Project Area shall be commenced after twelve (12) years following the effective date of the ordinance approving and adopting the added area (Beach Bouli ward Area) portion of the West Anaheim Commercial Corridors Redevelopment Project (adopted on June 23, 1998). Eminent domain authority within Redevelopment Project Alpha, Plaza Redevelopmernt Project, River Valley Redevelopment Project, Commercial/Iadustrial Redevelopment Project, Anaheim Stadium Redevelopment Project, and the Brookhurst Avenue Area portion of the West Anaheim Commercial Corridors Redevelopment Project has expired. Such time lin: itation may be extended or reestablished only by amendment of this Plan. The Agency is authorized to acquire structures without acquiring the land upon which 1 hose structures are located. The Agency is authorized to acquire any other interest in real property less than a fee. Without the c )nsent of the owner, the Agency shall not acquire property to be retained by an owner pursuant to a participation agreement if the owner fully perform; under the agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its prey ent form and use without the consent of the owner unless: (a) such building requires structural alternation [sic], improvement, modernizatior., or rehabilitation; (b) the site, or lot on which the building is situated, requires modification in size, shape, or use; or (c) it is necessary to impose upon such property any of the standards, controls, limitations, restrictions, aid requirements of this Plan or of any Design Guide adopted by the Agency pursuant to this Plan, and the owner fails or refuses to participate in the Plan or in conformance with any such Design Guide by executing a participation agreement; and WHEREAS, Section 402 of the City Charter for the City of Anaheim ("City Charter") con tains the following provisions relating to the exercise of the power of emii tent domain: Neither the City of Anaheim nor any City -affiliated agency may exercise the power of eminent domain to acquire any property from any private owner thereof, without such owner's consent, when the purpose of the acquisition is the intended -,onveyance of the property so acquired to any other private party, for the conduct of any for-profit commercial activity or for-profit residential development, sales or leasing. Nothing contained in this section shall be deep ted to prohibit acquisitions of property interests by eminent domain for th -, purpose of either (i) conveying such acquired interests to the owner of other property affected by a public acquisition of property in order JUN -22-2007 11:00 OCR 7147963692 P.08 to mitigate im; )acts of the acquisition or the project to be constructed on such other property, or (ii) the development of any facilities to be operated by the City or any facilities of which the City is or shall be an owner. As used in thi; ; section, the following terms shall have the following ascribed meanings: "Owner" mea as the owner of the fee title interest in the property to be acquired, as : hown on the last equalized assessment roll, or other more current proof of vesting the City may have. "Property" sh ill mean any interest in real or personal property otherwise subject to acquisition through the use of eminent domain. "City -affiliated agency" shall mean the Anaheim Redevelopment Agency, Anaheim Housing Authority, and any other entity possessing the power of eminent domE in the governing board of which is solely composed of, or is solely appointed by, the members of the City Council of the City of Anaheim (Added November 7, 2007; filed by Secretary of State February 13, 2007); anc. WHEREAS, Agency's authority to acquire real property by exercising the power of emi aent domain has ended and expired as to all portions of the Merged Projei;t Area except for the area added to the West Anaheim Project on June 23, 1 S 198 ("West Anaheim Added Area"); and WHEREAS, the City has not amended, or considered the amendment of, the Merged P -oj ect Redevelopment Plan to authorize, reinstate, add, and/or extend the Agency's power of eminent domain in any part or parts of the Merged Proje,It Area; consequently, the Agency does not currently have the authority to a r-ercise the power of eminent domain other than in the West Anaheim Added Area; and WHEREAS, pursuant to Section 33342.7 of the Redevelopment Law, added by Senate BiL 53 and effective as of January 1, 2007, a legislative body that adopted a fin it redevelopment plan before January 1, 2007, will adopt an ordinance that contains a description of the agency's program to acquire real property by ei ainent domain; and WHEREAS, a conservative reading of SB 53 and Section 33342.7 do not exclude expr ,ssly either redevelopment plans that do not include or authorize an agency to exercise the power of eminent domain, or redevelopmer t plans for which the agency's power of eminent domain has ended and e icpired for the statutory obligation to adopt an ordinance describing the program to acquire real property for which the power does not exist; and JUN -22-2007 11:00 OCR 7147963692 P.09 WHEREAS, pursuant to Section 33342.7 the Agency is required to adopt a program for the Agency's acquisition of real property by eminent domain as to the West A laheim Added Area; and WHEREAS, in order to maintain literal compliance with the Redevelop= it Law as to the Merged Project Area except the West Anaheim Ada ed Area and to comply with the Redevelopment Law as to the West Anaheir. i Added Area, the City Council has prepared for consideration and action thi; ; ordinance (i) confirming the expiration of Agency's authority to acquire real property by eminent domain as to the Anaheim Merged Project Area except the West Anaheim Added Area; (ii) describing Agency's program rega: •ding acquisition of real property by eminent domain for the West Anaheir.l Added Area; (iii) confirming Agency's conformity with City Charter Section 402 as to such area; and thereby (iv) describing Agency's program regal ding acquisition of real property by eminent domain pursuant to Senate Bill 53 and Section 33342.7 of the Redevelopment Law; and WHEREAS, in implementation of SB 53 the Legislature adopted Senate Bill 1809 ("S:3 1809"), also effective as of January 1, 2007, that amended Section 33373 to provide that if a redevelopment plan authorizing an agency to acquire pr :)perty by eminent domain is adopted or amended to add territory, the agency must record a statement of institution of proceedings; and WHEREAS, Section 33373, as amended, provides that a statement of institution mu ;t contain (1) a prominent heading in boldface type noting that the property that is the subject of the statement is located within a redevelopment project; (2) a general description of the provisions of the redevelopment plan that authorize the use of the power of eminent domain by the rede-v elopment agency; and (3) a general description of any limitations on the use of the power of eminent domain contained in the redevelopmen: plan; and WHEREAS, Subsection (c) of Section 33373 now requires that, for any redevelopmen: plan adopted on or before December 31, 2006 that authorizes the acquisitio i of property by eminent domain, the agency must, on or before December 31, 2007, cause a revised statement to be recorded in the official recor is of the county containing the information previously contained in i he statement of institution and the information required by Section 33373(b) of the Redevelopment Law through a "Revised Statement of Institution", the form of which is attached to this Ordinance as Exhibit A and fully incorporated by this reference for the West Anaheim Added Area of the Anaheii a Merged Project Area. JUN -22-2007 11:00 OCR 7147963692 P.10 NOW, THEI.EFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1. The foregoing Recitals are true and correct and are a substantive part of this Ordinance. Section 2. The Agency's program for the acquisition of real property by eminent domain, with respect to the Merged Project Area, is hereby descrit ,ed as follows: (a) the power of eminent domain has ended and expired for tle Merged Project Area under the provisions of the Merged Project Redev -11opment Plan except as to the West Anaheim Added Area; (b) if and to the extent the Agency and City Council ever desire, if at all, to consider reinstatement of the authorized power of eminent domc,.in in all or any part of the Merged Project Area under the Merged Projeot Redevelopment Plan, Agency and City Council shall follow the requireme its of the Redevelopment Law to consider and take action on adding or re: nstating the power of eminent domain pursuant to legal requirements - ind in compliance with the terms and limitations, if any, set forth in the Merged Project Redevelopment Plan and set forth in the City Charter; and (i) Agency shall exercise the power of eminent domain if at all and when Agency has such power, when its determines that the exercise o-..' such power is an appropriate and useful tool, and if exercised it shall occur is conformity with Section 402 of the City Charter; and (c) as to the West Anaheim Added Area, Agency confirms that it does comply with, and shall continue to comply, with the provisions of ,section 402 of the City Charter as to such area; and (d) Section 402 of the City Charter describes Agency's prop ram regarding acquisition by eminent domain. Section 3. Except as expressly set forth herein, no amendment tc the Merged Project Redevelopment Plan or the City Charter and no change to or limit upon the authority of the City or Agency is effected by the s Ordinance, including, without limitation, Agency's authority to acquire property by means other than the exercise of eminent domain. Section 4. The adoption of this Ordinance by the City Council doe,, not constitute a "project" subject to the California Environmenta'. Quality Act, Public Resources Code Section 21000, et seq. ("CEQA") as that term is defined in Section 21065 of CEQA, because the adoption of ;his Ordinance constitutes a continuing administrative or maintenance activity with no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment and is JUN -22-2007 11:01 OCR 7147963692 P.11 therefore specifically excluded from the definition of "project" by Section 15378(b)(2) of the CEQA Guidelines, California Code of Regulations Section 15000, et seq.; thus, no further action is required to comply with CEQA. Section 5. On or before December 31, 2007, the Executive Director of Community Development, or her designee, in cooperation with the City Clf:rk, shall cause a "Revised Statement of Institution of Proceedings" to be recorded with the County Recorder, County of Orange pursuant to S�ction 33373 (c) of the Redevelopment Law. The Revised Statement of Institution of Proceedings shall be substantially in the form of Exhibit A. Section 6. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. Section 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance. The City Clerk shall cause this Or6nance, or a summary thereof, to be published at least once in the official newspaper within fifteen days after its adoption, in accordance with Section ' 12 of the City Charter. This Ordinance shall take effect: thirty (30) days after its final passage. THE FOREGOING ORDINANCE WAS INTRODUCED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FELD ON THE FIFTH (5th) DAY OF JUNE 2007, AND THEREAFTER PASSED AND ADOPTED AT A REGULAR MEETING OF THE CIT" COUNCIL OF THE CITY OF ANAHEIM HELD ON THE NINETEENTH (19TH) DAY OF JUNE 2006, BY THE FOLLOWING ROLL -CALL VOTE: AYES: Mayor Pringle, Council Members Hernandez, Si4hu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM BY: /s/Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: /s/Linda Nguy -,n CITY CLERK JUN -22-2007 11:01 OCR 7147963692 P.12 EXHIBIT A REVISED STATEMENT OF INSTITUTION OF PROCEEDINGS [To be attachod] Anaheim But -etin 25-480 8394572