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Resolution-PC 2010-074RESOLUTION NO. PC2010-074 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO. 2010-00002 BY AND BETWEEN THE CITY OF ANAHEIM AND THE IRVINE LAND COMPANY LLC AND THE IRVINE COMPANY LLC (MOUNTAIN PARK) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city tO enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City of Anaheim (hereinafter the "City"), as a charter city, heretofore enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") on November 23, 1982, making the City subject to the Statute; and WHEREAS, pursuant to subdivision (e) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution") establishing procedures and requirements for the consideration of development agreements upon receipt of an application by the City; and WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's zoning code, and a series of related actions; and WHEREAS, the General Plan sets forth a vision for development of low medium hillside density, low medium density, open space, and institutional land uses within the approximately 3,001-acre Mountain Park area, including 2,339 acres which have been annexed to the City of Anaheim and 840 acres of unincorporated land located within the County of Orange in the City of Anaheim's sphere of influence; and WHEREAS, to further implement the goals and policies of the General Plan for the Hill and Canyon area and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on September 27, 2005, the City Council adopted Ordinance No. 5994 amending Chapter 18.112 of Title 18 of the Anaheim Municipal Code to amend zoning and development standards for the Mountain Park Specific area and Ordinance No. 5993 amending the zoning map relating to the Mountain Park Specific Plan area referred to in Title 18 to the SP90-4 (Mountain Park Specific Plan No. 90-4) Zone. -1- PC2010-074 WHEREAS, on August 23, 2005 the City Council certified Final Environmental Impact Report No. 331, adopted a statement of findings of fact and statement of overriding considerations in connection therewith, and adopted Mitigation Monitoring Program No. 137 in connection with its consideration of General Plan Amendment No. 2005-00436, Amendment No. 1 to the Mountain Park Specific Plan No. 90-4 and an amendment to the Zoning and Development Standard as set forth in Chapter 18.112 of the Anaheim Municipal Code; and WHEREAS, on July 12, 2010, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), the Irvine Company (the "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2010-00002 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Developrnent Agreement") to vest certain project entitlements and address the implementation of the Mountain Park project; and WHEREAS, on July 1, 2010 approximately 1,852 acres of the Mountain Park Specific Plan area were dedicated by the Applicant to the County of Orange for open space purposes; and WHEREAS, the Development Agreement pertains to approximately 1,149 acres of real property in the City of Anaheim, owned by the Applicant, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Property"), which is located in the Hill and Canyon area and within the Mountain Park Specific Plan No. 5P90- 4 zone; and WHEREAS, the Applicant desires to develop the property with a partially gated residential community with a maximum of 2,500 residential units, public facilities, private and public infrastructure improvements, a fire station, trails, trail staging area, concession store, public school site, private and public parks, and open space areas; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 30, 2010, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Development Agreement and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Applicant has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the construction of up to 2,500 residential units, public facilities, private and public infrastructure improvements, a fire station, trails, trail staging area, concession store, public school site, private and public parks, and open space areas within a period of not more than twenty (20) years; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, does find and determine that the Development Agreement meets the following standards set forth in the Procedures Resolution: -2- PC2010-074 1. That the Project is consistent with the City's General Plan in that it is in conformance with the General Plan low-medium hillside density residential, low-medium density residential, institutional and open space land use designations and with the goals, policies and objectives for the Hill and Canyon area as set forth in the General Plan. 2. That the Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in the Mountain Park Specific Plan. That the Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements the Mountain Park Specific Plan, and has been coordinated and designed to be compatible with the adjacent existing planned residential communities. 4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and did find and determine pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for the Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that previously-certified FEIR No. 331 with Mitigation Monitoring Program No. 137, are adequate to serve as the required environmental documentation for this proposal and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval of the Development Agreement. -3- PC2010-074 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 30, 2010. ATTEST: SENIOR SE RETARY, ANAHEIM PLANNING COMMISSION STA OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, AN EIM PLANNING COMMISSION I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning COMIlliSSi011 held on August 30, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, 1 have hereunto set my hand this 30 day of August, 2010. i ------. SENIOR S RETARY, ANAHEIM PL , ING COMMISSION -4- PC2010-074 PARCEL 1: LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCELS 1, 2, 3 AND 4 OF CERTIFICATE OF COMPLIANCE NO. 2003 - 00049, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED SEP 6 EMBER 24, 2004 AS INSTRUMENT NO. 2004000860608 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING AND DISTANCE OF "SOUTH 52 °59'55" EAST 45.38 FEET' IN THE GENERAL WES 1 ERLY LINE OF PARCEL 300260 -2, IN THE AMENDED AND RESTATED GRANT DEED RECORDED OCTOBER 14, 1998 AS INS 1 RUMENT NO 19980694409 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID GENERAL WESTERLY LINE OF SAID PARCEL 300260 -2, THE FOLLOWING COURSES: SOUTH 52 °59'55" EAST 45.38 FEET, NORTH 83 °33'07" EAST 19.15 FEET, SOUTH 44 °44'18" EAST 50.54 FEET, NORTH 06 °30'47" WEST 680,90 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6130.00 FEET, NORTHERLY 1739.84 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 °15'43 ", NORTH 09 °44'56" EAST 829.14 FEET, NORTH 80 ° 15'04" WEST 170.27 FEET, NORTH 30°36'50" EAST 59.19 FEET, NORTH 14 °03'44 " WEST 204.89 FEET, NORTH 56 °13'01" WEST 287.21 FEET, NORTH 01'116'38" WEST 125.93 FEET, NORTH 14 °46'31" EAST 284.42 FEET, NORTH 47 ° 51'39" EAST 290.66 FEET, NORTH 19 ° 39'50" WEST 102.85 FEET, NORTH 12 °1723" EAST 348.66 FEET, SOUTH 89 °34'03" EAST 245.17 FEET, AND NORTH 00 ° 25'57" EAST 1499.18 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 300260 -2; THENCE LEAVING SAID GENERAL WES 1 LRLY LINE OF PARCEL 300260 -2 ALONG THE GENERAL WES I ERLY LINE OF PARCEL 300261 -2 OF SAID AMENDED AND RESTATED GRANT DEED, THE FOLLOWING COURSES: NORTH 00 °25157" EAST 280.82 FEET, NORTH 00 °31'22" WEST 719.63 FEET, NORTH 00 °25'57" EAST 1637.19 FEET, AND NORTH 89 °34'03" WEST 112.78 FEET TO THE NORTH WES 1 ERLY LINE OF BLOCK 28 OF IRVINE'S SUBDIVISION AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE LEAVING SAID GENERAL WESTERLY LINE OF PARCEL 300261 -2 ALONG SAID NORTI (WESTERLY LINE AND THE NORTHWESTERLY LINE OF BLOCK 25 OF SAID IRVINE'S SUBDIVISION, SOUTH 35 °49'57" WEST 2136.73 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY LINE OF PARCEL 1 OF LOT LINE ADJUSTMENT NO 388, AS RECORDED SEPTEMBER 14, 1998 AS INSTRUMENT NO 19980613443 OF SAID OFFICIAL RECORDS; THENCE LEAVING SAID NORTHWESTERLY LINE OF BLOCK 25 ALONG SAID SOUTHEASTERLY LINE OF PARCEL 1, THE FOLLOWING COURSES: SOUTH 74 ° 49'35" WEST 33.42 FEET, SOUTH 29 °12'35" WEST 379,84 FEET, SOUTH 42 ° 59'35" WEST 127.00 FEET, AND SOUTH 72 °59'35" WEST 11.50 FEET TO SAID NORTHWESTERLY LINE OF BLOCK 25; THENCE LEAVING SAID SOUTHEASTERLY LINE OF 'PARCEL 1 ALONG SAID NORTHWESTERLY LINE OF BLOCK 25, SOUTH 35 °49'57 WEST 3181.97 FEET TO THE GENERAL SOUTHWESTERLY LINE OF THE LAND AS DESCRIBED IN "ANNEXATION NO. 280" TO THE CITY OF ANAHEIM (MOUNTAIN PARK), IN THE DOCUMENT RECORDED MAY 26, 1992 AS INSTRUMENT NO. 92-349124 OF SAID OFFICIAL RECORDS; THENCE LEAVING SAID NORTHWESTERLY LINE OF BLOCK 25 ALONG SAID GENERAL SOUTHWES 1 ERLY LINE, THE FOLLOWING COU RSES: SOUTH 81 ° 17'09" EAST 538.86 FEET, SOUTH 53 °21'59" EAST 243.00 FEET, SOUTH 81 °41'25" EAST 449.72 FEET, SOUTH 19'42'12" EAST 786.02 FEET, SOUTH 35 °19'55" EAST 484,17 FEET, SOUTH 68 °31'26" EAST 327.76 FEET, SOUTH 14 ° 55'55" EAST 620.97 FEET, AND SOUTH 04 ° 33'38" WEST 347.72 FEET TO THE GENERAL NORTHEASTERLY LINE OF THE LAND DESCRIBED AS PARCEL A -2, IN THE GIFT DEED RECORDED JULY 1, 2010 AS INSTRUMENT NO 2010000312152 OF SAID OFFICIAL RECORDS; THENCE LEAVING SAID GENERAL SOUTHWESTERLY LINE ALONG SAID GENERAL NORTHEASTERLY LINE, THE FOLLOWING COURSES: SOUTH 24 °22'48" EAST 222.37 FEET, SOUTH 36 °3'34" EAST 122.60 FEET, SOUTH 61 °09'27" EAST 118.16 FEET, SOUTH 79 °30'57" EAST 142.88 FEET, AND SOUTH 81 ° 50'50" EAST 446,00 FEET TO THE GENERAL WESTERLY LINE OF PARCEL 300260 -3, AS DESCRIBED IN SAID AMENDED AND RESTATED GRANT DEED; THENCE LEAVING SAID GENERAL NORTHEASTERLY LINE ALONG SAID GENERAL WESTERLY LINE OF PARCEL 300260 -3, THE FOLLOWING COURSES: SOUTH 10 ° 26'40" EAST 26.79 FEET, SOUTH 39 °44'38" EAST 186.60 FEET, SOUTH 37 °25'12" WEST .225.09 FEET, SOUTH 15 °28'26" EAST 41.01 FEET, SOUTH 47 °36'22" EAST 127,16 FEET, SOUTH 12 °29`14" EAST 16.99 FEET, SOUTH 10 °26'45" WEST 320,61 FEET, SOUTH 77 °01'37" 1 EXHIBIT "A" (continued) EAST 166.13 FEET, SOUTH 31� WEST 211.52FEET, AND SOUTH ��'20" EAST 1O8.88 FEET TO THE POINT OFBEGINNING. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER 'THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRE,. I DONALLY DRILL AND MINE FROM PROPERTIES OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, TFIROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; VVITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY AS RESERVED BY THE IRVINE COMPANY, A DELAWARE CORPORATION IN GRANT DEED RECORDED NOVEMBER 30, 2005, AS INSTRUMENT NO. 2005000953645, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, WATER RIGHTS OR INTERESTS THEREIN, APPURTENANT TO, UNDERLYING OR RELATING TO THE PROPERTY, OR OWNED OR USED BY GRANTOR IN CONNECTION WITH THE PROPERTY FOR ANY BENEFICIAL USE, NO MATTER HOW ACQUIRED BY GRANTOR, AND INCLUDING BUT NOT LIMITED TO THE RIGHTS THAT ARE RIPARIAN, OVERLYING, APPROPRIATIVE, PRESCRIPTIVE, PERCOLATING, LTTTORAL, ADJUDICATED, STA OR CONTRACTUAL, TOGETHER WITH THE EXCLUSIVE RIGHT TO PUMP, DIVERT OR TAKE ANY WATER UNDERLYING THE PROPERTY, AND TO CONSTRUCT WELLS FOR SUCH PURPOSE, AND TO UTILIZE SUCH WATER, WATER RIGHTS OR INTERESTS THEREIN FOR ANY REASONABLE AND BENEFICIAL USE, ON ANY PROPERTY OWNED OR LEASED BY GRANTOR, OR OTHERWISE, BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY IN THE EXERCISE OF SUCH RESERVED RIGHTS, AS RESERVED BY THE IRVINE COMPANY, A DELAWARE CORPORATION IN GRANT DEED RECORDED NOVEMBER 30, 2005, AS INSTRUMENT NO. 2005000953645, OF OFFICIAL RECORDS. APN(S): 105f013-07, 68, 75, 92, 93; 514-012-5, 13 PARCEL 2: THOSE PORTIONS DF BLOCKS E CITY OF ANAHEIM, COU NT? OF ORANGE, TE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN 600K 1, PAGE 88 OF mISCELuAmouuSeECuRun*pS,lmTHE0FFDCEOfTHECOUNTYRE[ORDEROFSAD} AS A WHOLE AS FOLLOWS: BEGINNING AT THE EASTERLY TERM US OF THAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING AND DISTANCE OF "SOUTH 89m34'03' FEET IN THE GENER.AL EASTERLY UNE OF THE LAND DESCRIBED AS PARCEL 300260 THEAMENDED ANDREST7TE0GRANTDEEDRECORDED0[TDBER1 ` 1998 AS INSTRUMENT NO, 19980694409 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID GENERA EASTERLY LINE OF PARCEL 300260- THE FOLLOWING COURSES: NORTH O9p34'O3"WEST 187.64 FEET, NORTH 00=25 EAST 649.09 FEET, NORTH 03 EAST 250.29 FE EAST 602.45 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 300260-2; THENCE LEAVING SAID GENERAL EASTERLY LINE OF PARCEL 300260-2 ALONG THE GENERAL EASiERLY LINE OF THE LAND DESCRIBED AS PARCEL 300261-2 OF SAID AMENDED AND RESTATED GRANT DEED, THE FOLLOWING COURSES: NORTH 00 EAST 1758.21 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 4914.00 FEET, NORTHERLY 516.24 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°01'09", NORTH 06°27'06" EAST 628.75 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2938.00 FEET, NORTHEASTERLY 2154.82 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42°0121", NON-TANGENT NORTH 41°31'33" WEST 11.25 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2949.25 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS NORTH 41 WEST, AND NORTHEASTERLY 63.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 TO THE GENERAL SOUTHERLY LINE OF THE LAND DESCRIBED AS PARCEL 46540-1 IN THE GRANT DEED RECORDED MARCH 8, 1971 IN BOOK 9563, PAGE 744 OF SAID OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY 95-1039 FILED IN BOOK 169, PAGES 1 THROUGH 24 OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER, THENCE LEAVING SAID GENERAL EASTERLY LINE OF PARCEL 300261-2 ALONG SAID GENERAL SOUTHERLY LINE OF SAID PARCEL 46540-1, THE FOLLOWING COURSES: SOUTH 69005'35" EAST 326.82 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 540.00 FEET, EASTERLY AND NORTHEASTERLY 380.25 FEET ALONG SAID ll EXHIBIT "A" (continued) CURVE THROUGH A CENTRAL ANGLE OF 40 ° 20'45 ", NORTH 70 ° 33'40 " EAST 84.23 FEET, SOUTH 19 °26'20" EAST 74.40 FEET, NORTH 7093 EAST 80.00 FEET, NORTH 19 °2 " WEST 196.38 FEET, NORTH 35 °15'43" EAST 129.79 FEET, NORTH 01 °3134" WEST 388.04 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 125.00 FEET, AND NORTHEASTERLY 6.32 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 °53'48" TO THE SOUTHERLY LINE OF THE LAND DESCRIBED AS PARCEL 300262 -2 IN SAID AMENDED AND RESTATED GRANT DEED; THENCE LEAVING SAID GENERAL SOUTHERLY LINE OF SAID PARCEL 46540 -1 ALONG SAID SOUTHERLY LINE OF PARCEL 300262 -2, THE FOLLOWING COURSES: NORTH 59 °10'45" EAST 135.32 FEET, NORTH 83 °19'01" EAST 24.62 FEET, NORTH 59 °42'4U' EAST 697.34 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 5062.00 FEET, AND NORTHEASTERLY 139.45 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °34'42" TO THE GENERAL SOUTHERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN THE DOCUMENT RECORDED July 24, 1951 IN BOOK 2208, PAGE 138 OF SAID OFFICIAL RECORDS AS SHOWN ON SAID RECORD OF SURVEY 95 -1039; THENCE LEAVING SAID GENERAL SOUTHERLY LINE OF PARCEL 300262 -2 ALONG SAID GENERAL SOUTHERLY LINE OF PARCEL 1, THE FOLLOWING COURSES: NORTH 71 0 48'28" EAST 894.99 FEET, NORTH 33 °13'11 " EAST 248.88 FEET, NORTH 67 °20'16" EAST 860.80 FEET, AND NORTH 52 °25'37" EAST 114.04 FEET TO THE GENERAL SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS ANAHEIM 2 OF CERTIFICATE OF COMPLIANCE NO, 2009 - 00125, IN THE DOCUMENT RECORDED FEBRUARY 16, 2010 AS INSTRUMENT NO. 2010000072886 OF SAID OFFICIAL RECORDS; THENCE LEAVING SAID GENERAL SOUTHERLY LINE OF PARCEL 1 ALONG SAID GENERAL SOUTHWESTERLY LINE OF ANAHEIM 2, THE FOLLOWING COURSES: SOUTH 47 °57'14" EAST 232.37 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1789.94 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 20°17'10" EAST, SOUTH EAS1ERLY AND SOUTHERLY 2453.25 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78 °31'42 ", AND SOUTH 04 °27'59" EAST 447.67 FEET TO THE SOUTHEASTERLY LINE OF BLOCK 30 OF SAID IRVINE'S SUBDIVISION; THENCE LEAVING SAID GENERAL SOUTHWESTERLY LINE ALONG SAID SOUTHEASTERLY LINE OF BLOCK 30 AND THE SOUTHEASTERLY LINE OF BLOCK 28 OF SAID IRVINE'S SUBDIVISION, SOUTH 40 °48'26" WEST 2092.68 FEET TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 OF LOT LINE ADJUSTMENT NO. LL 85 -22, IN THE DOCUMENT RECORDED AUGUST 15, 1985 AS INS 1 RUMENT NO. 85-304375 OF SAID OFFICIAL RECORDS; THENCE LEAVING SAID SOUTHEASTERLY LINE OF SAID BLOCK 28 ALONG SAID SOUTHWESTERLY LINE OF LAST SAID PARCEL 1, SOUTH 49 0 11'47" EAST 1246.76 FEET TO THE GENERAL NORTHWESTERLY LINE OF THE LAND DESCRIBED AS ANAHEIM 1 OF SAID CERTIFICATE OF COMPLIANCE NO. 2009 - 00125; THENCE LEAVING SAID SOUTHWESTERLY LINE OF PARCEL 1 ALONG SAID GENERAL NORTHWESTERLY LINE OF ANAHEIM 1 AND THE GENERAL NORTHERLY AND EASTERLY LINES OF SAID ANAHEIM 1, THE FOLLOWING COURSES: SOUTH 06 °30'00" WEST 410.97 FEET, SOUTH 09 °45'00" WEST 356.76 FEET, SOUTH 20 °25'00" WEST 358.47 FEET, SOUTH 24 0 05'00" WEST 366,00 FEET, SOUTH 34 °55'00" WEST 341.64 FEET, SOUTH 48 °40'00" WEST 198.59 FEET, SOUTH 70 0 40'00" WEST 277.09 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 470.00 FEET, WES I LRLY 484.44 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59 0 03'20" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2310.00 FEET, NORTHWESTERLY 240.19 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 °57'27" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 260.00 FEET, WESTERLY 309.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 68 °1 TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 380.00 FEET, SOUTHWESTERLY 265.92 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40 0 05'44" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1275.00 FEET, SOUTHWESTERLY 433.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 0 29'25" TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF 435.00 FEET, SOUTHERLY 549.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 72 °21'43" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 490.00 FEET, SOUTHERLY 464.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54 °16'01" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 350.00 FEET, SOUTHWES I ERLY 102,58 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 °47'31 ", SOUTH 33 0 40'00" WEST 231.05 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 320.00 FEET, SOUTHWESTERLY 139.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25 °00'00 ", SOUTH 08 °40'00" WEST 272.37 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 275.00 FEET, SOUTHERLY 154.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32 °15 ", SOUTH 23 °35'00" EAST 175.16 FEET, SOUTH 71 0 25'00" WEST 340.63 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 300.00 FEET, WES 1 ERLY 75.92 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 ° 30'00 ", SOUTH 85 ° 55'00" WEST 338,68 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 200.00 FEET, NORTHWESTERLY 182.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52'20'00 "" NORTH 41 ° 45'00" WEST 387.74 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWES 1 ERLY HAVING A RADIUS OF 600.00 FEET, NORTHWESTERLY 259.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 0 45 1 00 11 , NORTH 66 ° 30'00" WEST 116.53 FEET TO THE BEGINNING OF A CURVE CONCAVE EXHIBIT "A" (continued) SOUTHEASTERLY HAVING A RADIUS OF 50.00 FEET, SOUTHWESTERLY 58.19 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 66°41'04", SOUTH 46°4856" WEST 15.98 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 100.00 FEET, SOUTHERLY 179.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102 TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET, SOUTHEASTERLY, SOUTHERLY, SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY 972.44 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 222'52OP TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 750.00 FEET, NORTHERLY 560.28 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42°48'07" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 50.00 FEET, NORTHERLY AND NORTHWESTERLY 78.92 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°25'48", NORTH 60 WEST 119.23 FEET TO A pow ON A NON-TANGENT CURVE CONCAVE EAS1ERLY HAVING A RADIUS OF 1410.00 FEET, A RADIAL LINE OF SAID CUM TO SAID POINT BEARS SOUTH 50°2659" WEST, NORTHWESTERLY 1708.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 69°25'40" TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2056.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 58'28'20" WEST, NORTHWESTERLY 777.92 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°40'44", NON- TANGENT NORTH 01°10'00" EAST 186.39 FEET, NORTH 05 EAST 90.46 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET, NORTHERLY AND NORTHWESTERLY 42.47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 121 SOUTH 64°1500" WEST 121.69 FEET, SOUTH 75 WEST 136.23 FEET, SOUTH 74'4500" WEST 176.79 FEET, SOUTH 88°1500" WEST 111.76 FEET, AND NORTH 87°55'00 P WEST 130.45 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED AS PARCEL 300261-7, IN SAID AMENDED AND RESTATED GRANT DEED; THENCE LEAVING SAID GENERAL NORTHERLY LINE OF ANAHEIM 1 ALONG SAID EAS 1 ERLY AND THE SOUTHERLY LINE OF SAID PARCEL 300261-7, THE FOLLOWING COURSES: SOUTH 04°19'37" WEST 268.96 FEET, SOUTH 20°59'33" WEST 417.83, AND SOUTH 89°5717" WEST 40.63 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED AS PARCEL 300260-6, IN SAID AMENDED AND RESTATED GRANT DEED; THENCE LEAVING SAID SOUTHERLY LINE OF PARCEL 300261-7 ALONG THE GENERAL EASTERLY LINE OF SAID PARCEL 300260-6, THE FOLLOWING COURSES: SOUTH 06 EAST 350,00 FEET, SOUTH 10°02'36" WEST 443.22 FEET, SOUTH 49 EAST 98.72 FEET, NORTH 43°0830" EAST 88.46 FEET, SOUTH 79 EAST 120.03 FEET, SOUTH 00 EAST 283.01 FEET, SOUTH 48 WEST 67.27 FEET, NORTH 73°0348" WEST 211.20 FEET, SOUTH 01°2528" WEST 128.74 FEET, SOUTH 30 EAST 273.75 FEE; AND SOUTH 01°04'53" WEST 66.40 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM PROPERTIES OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY AS RESERVED BY THE IRVINE COMPANY, A DELAWARE CORPORATION IN GRANT DEED RECORDED NOVEMBER 30, 2005, AS INSTRUMENT NO. 2005000953645, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, WATER RIGHTS OR INTERESTS THEREIN, APPURTENANT TO, UNDERLYING OR RELATING TO THE PROPERTY, OR OWNED OR USED BY GRANTOR IN CONNECTION WITH THE PROPERTY FOR ANY BENEFICIAL USE, NO MATTER HOW ACQUIRED BY GRANTOR, AND INCLUDING BUT NOT LIMITED TO THE RIGHTS THAT ARE RIPARIAN, OVERLYING, APPROPRIATIVE, PRESCRIPTIVE, PERCOLATING, LITTORAL, ADJUDICATED, STATUTORY, OR CONTRACTUAL, TOGETHER WITH THE EXCLUSIVE RIGHT TO PUMP, DIVERT OR TAKE ANY WATER UNDERLYING THE PROPERTY, AND TO CONSTRUCT WELLS FOR SUCH PURPOSE, AND TO UTILIZE SUCH WATER, WATER RIGHTS OR INTERESTS THEREIN FOR ANY REASONABLE AND BENEFICIAL USE, ON ANY PROPERTY OWNED OR LEASED BY GRANTOR, OR OTHERWISE, BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY IN THE EXERCISE OF SUCH RESERVED RIGHTS, AS RESERVED BY THE IRVINE COMPANY, A DELAWARE CORPORATION IN GRANT DEED RECORDED NOVEMBER 30, 2005, AS INSTRUMENT NO. 2005000953645, OF OFFICIAL RECORDS. APN(S): 085-071-10, 11, 47; 105-013-21, 28, 29, 77; 514-012-6, 8, 12, 15 iv EXHIBIT "A" (continued) PARCEL 3: PARCEL 300260-4, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE AMENDED AND RESTATED GRANT DEED RECORDED OCTOBER 14, 1998 AS INSTRUMENT NO. 19980694409 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM PROPERTIES OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRELIIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY AS RESERVED BY THE IRVINE COMPANY, A DELAWARE CORPORATION IN GRANT DEED RECORDED NOVEMBER 30, 2005, AS INSTRUMENT NO. 2005000953645, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, WATER RIGHTS OR INTERESTS THEREIN, APPURTENANT TO, UNDERLYING OR RELATING TO THE PROPERTY, OR OWNED OR USED BY GRANTOR IN CONNECTION WITH THE PROPERTY FOR ANY BENEFICIAL USE, NO MATTER HOW ACQUIRED BY GRANTOR, AND INCLUDING BUT NOT LIMITED TO THE RIGHTS THAT ARE RIPARIAN, OVERLYING, APPROPRIATIVE, PRESCRIPTIVE, PERCOLATING, LITTORAL, ADJUDICATED, STATUTORY, OR CONTRACTUAL, TOGETHER WITH THE EXCLUSIVE RIGHT TO PUMP, DIVERT OR TAKE ANY WATER UNDERLYING THE PROPERTY, AND TO CONS t RUCT WELLS FOR SUCH PURPOSE, AND TO UTILIZE SUCH WATER, WATER RIGHTS OR INTERESTS THEREIN FOR ANY REASONABLE AND BENEFICIAL USE, ON ANY PROPERTY OWNED OR LEASED BY GRANTOR, OR OTHERWISE, BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY IN THE EXERCISE OF SUCH RESERVED RIGHTS, AS RESERVED BY THE IRVINE COMPANY, A DELAWARE CORPORATION IN GRANT DEED RECORDED NOVEMBER 30, 2005, AS INSTRUMENT NO. 2005000953645, OF OFFICIAL RECORDS. APN(S): 105-013-60, 63 PARCEL 4: THAT PORTION OF PARCEL 300261-1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE AMENDED AND RESTATED GRANT DEED RECORDED October 14, 1998 AS INSTRUMENT NO. 19980694409 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING SOUTHEASTERLY OF THE LAND DESCRIBED AS PARCEL 300261-4, IN SAID AMENDED AND RESTATED GRANT DEED. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM PROPERTIES OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY AS RESERVED BY THE IRVINE COMPANY, A DELAWARE CORPORATION IN GRANT DEED RECORDED NOVEMBER 30, 2005, AS INSTRUMENT NO. 2005000953645, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, WATER RIGHTS OR INTERESTS THEREIN, APPURTENANT TO, UNDERLYING OR RELATING TO THE PROPERTY, OR OWNED OR USED BY GRANTOR IN CONNECTION WITH THE PROPERTY FOR ANY BENEFICIAL USE, NO MATTER HOW ACQUIRED BY GRANTOR, AND INCLUDING BUT NOT LIMITED TO THE RIGHTS THAT ARE RIPARIAN, OVERLYING, APPROPRIATIVE, EXHIBIT "A" (continued) PRESCRIPTIVE, PERCOLATING, LITTORAL, ADJUDICATED, STATUTORY, OR CONTRACTUAL, TOGETHER WITH THE EXCLUSIVE RIGHT TO PUMP, DIVERT OR TAKE ANY WATER UNDERLYING THE PROPERTY, AND TO CONSTRUCT WELLS FOR SUCH PURPOSE, AND TO UTILIZE SUCH WATER, WATER RIGHTS OR INTERESTS THEREIN FOR ANY REASONABLE AND BENEFICIAL USE, ON ANY PROPERTY OWNED OR LEASED BY GRANTOR, OR OTHERWISE, BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY IN THE EXERCISE OF SUCH RESERVED RIGHTS, AS RESERVED BY THE IRVINE COMPANY, A DELAWARE CORPORATION IN GRANT DEED RECORDED NOVEMBER 30, 2005, AS INSTRUMENT NO, 2005000953645, OF OFFICIAL RECORDS, APN(S): 514 - 011 -1, 4 vi