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6090ORDINANCE NO. 6 0 9 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2007-00002 BY AND BETWEEN THE CITY OF ANAHEIM AND RONALD W. MARSHALL AND DEBORAH L. MARSHALL TRUST, THE MARSHALL FAMILY TRUST, AND SEE DEVELOPMENT LIMITED PARTNERSHIP (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. 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 "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 "Enabling Ordinance") on November 23, 1982, making the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) 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 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 Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north ("The Platinum Triangle"); and WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177, approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and WHEREAS, to further implement the goals and policies of the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on August 24, 2004, the City Council adopted Ordinance No. 5935 amending Title 18 of the Anaheim Municipal Code to establish zoning and development standards for the Platinum Triangle Mixed -Use (PTMU) Overlay Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning map to reclassify approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality, well-designed development projects that could be stand-alone projects, or combined residential and non- residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area; and WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a Development Agreement between the property owner and the City of Anaheim to implement all development in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt under the Code; and WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004- 179, approving the form of the Standard Development Agreement for the PTMU Overlay Zone; and WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified Mitigation Monitoring Program No. 106A in connection with its consideration of General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-000036, Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005-00115 to rescind, in part, the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134; and WHEREAS, on February 13, 2007, the City Council initiated (i) General Plan Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00188); (iv) Reclassification No. 2007-00196; (v) an amendment to The Platinum Triangle Standardized Development Agreement (MIS2007-00203); and (vi) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum Triangle (herein collectively referred to as the "Platinum Triangle Expansion Project"); and WHEREAS, said "Platinum Triangle Expansion Project" was approved by Council on December 11, 2007; and WHEREAS, on October 16, 2007, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Integral Partners, representing Ronald W. Marshall and Deborah L. Marshall Trust, The Marshall Family Trust, and See Development Limited 2 Partnership (hereinafter "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2007-00002 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development Agreement") prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation of the Platinum Vista Project; and WHEREAS, the Development Agreement pertains to approximately 4.6 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 1005 — 1105 East Katella Avenue, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Property"), which is located in The Platinum Triangle and zoned PTMU Overlay (Katella District), as reclassified as part of the Platinum Triangle Expansion Project; and WHEREAS, the Applicant desires to develop the Property in accordance with the provisions of the Development Agreement by developing a 327 -unit residential condominium project, as more particularly set forth in Final Site Plan No. 2007-00011, Conditional Use Permit No. 2007-05248, and Tentative Tract Map No. 17186 (hereinafter collectively referred to as the "Platinum Vista Project"); and WHEREAS, on December 3, 2007, the Planning Director approved Final Site Plan No. 2007-00011 to provide for the development of the Platinum Vista Project, contingent upon the approval of the Platinum Triangle Expansion Project, Development Agreement No. 2007-00002 and Tentative Tract Map No. 17186; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2007, at 2:30 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 City Planning Commission, by its Resolution No. PC2007-155, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2007-00002 and that the Agreement meets the criteria set forth in the Procedures Resolution and has recommended to the City Council that said Development Agreement be approved; and WHEREAS, the City Council did hold a public hearing upon the Development Agreement, notice of said public hearing having been duly given as required by law; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council, as lead agency for the Development Agreement, by motion, did find and determine, based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for Development Agreement No. 2007-00002, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and 9 Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that FSEIR No. 334 and Mitigation Monitoring Program No. 106B and Mitigation Monitoring Plan No. 149 are adequate to serve as the required environmental documentation for the Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. 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 a mixed use project containing 327 residential condominiums and a 9,500 square foot full-service restaurant with outdoor dining area within a period of not more than five (5) years; and WHEREAS, the City Council of the City of Anaheim, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, including the evidence presented at the Planning Commission meeting and Planning Commission Resolution No. PC2007-155, does find upon review of the land use aspects of the Development Agreement: 1. That the Project is consistent with the City's General Plan, as amended by the Platinum Triangle Expansion Project, in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle 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 that the Project is in compliance with the PTMU Overlay Zone requirements, as amended by the Platinum Triangle Expansion Project, and as further set forth in Final Site Plan No. 2007-00011, which has been approved by the Planning Director, and Conditional Use Permit No. 2007-05248 and Tentative Tract Map No. 17186, which were approved by the City Planning Commission on December 10, 2007. 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 Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements, as amended by the Platinum Triangle Expansion Project. 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. rd NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: approved. c�r�rTn�.r i That Development Agreement No. 2007-00002 be, and the same is hereby, SECTION 2. That the Mayor be, and is hereby, authorized to execute said Development Agreement for and on behalf of the City. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 18th day of December , 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the 8th day of _Jy , 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: T ERK OFT CITY OF ANAHEIM 67424.v 1 /MGordon 5 CITY OF HEIM By: M OR OF THE CTIO115FVNAHEIM EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL ] : PARCEL I, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 11 ], PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA PARCEL 2: PARCEL 2, IN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. 2 S, t E E J AFFIDAVIT OF PUBLICATION IC STATE OF CALIFORNIA, ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: January 17, 2008 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: January 17, 2008 l l� Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 ORDINANCE NO. 6090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i APPROVING DEVELOPMENT AGREEMENT NO. 2007400002 BY AND BETWEEN THE CITY OF ANAHEIM AND RONALD W. MARSHALL AND DEBORAH L. MARSHALL TRUST, THE MARSHALL FAMILY TRUST, AND SEE DEVELOPMENT LIMITED PARTNERSHIP (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. 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 "Statute") authorizes a city to enter into a contract which is called a developpment aggreement in order to establish with certainty what regulations will govem the construction of a development; and WHEREAS, the City of Anaheim (hereinafter the 'City'), as a charter city, heretofore enacted Ordinance No. 4377 (hereinafter 'Enabling Ordinance") on November 23, 1982, making the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23,1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution") establishing proce- dures and requirements for 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 con- sideration 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 Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern Cffiifomia Edison Company Easement on the north ("The Platinum Triangle"); and WHEREAS, in order to tarty out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177, approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and ma -L FAS, to further implement the goals and policies of. the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municippal Code, on August 24, 2004, the City Ordinance No. 5935 amending Title 18 of the Anaheim Municipal Code to establish zoning end development standards for the Platinum Triangle Mixed -Use (PTMU) Overlay Zone (the "PTMU Overlay Zone') and ante No. , amending the zoning map to reelassiiy approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay Zone as depicted in The Plat - num Trianglo Master Lend Use Plan to provide opportunities for h'�h qualtty, well designed development proj�ts that could be standalone projects, or combined residential and non-residential uses including of- fice, retail, business services, p4isrvNces, public spaces andus�, and other cwmmur unities within the area; and WHEREAS, the PTMU Overlay Zone kes an approved Final Site Plan and a Devebpmertt Agreement between the property owner and the City of Anaheim to implement all development in the Katells, Gene Au and Gatewayy Districts of the PTMUy Zone, except as otherwise exempt under the Code; and -=- WHEREAS, on Au uat 17, 2004, the City Council adopted Resolution No. 2004179 approving the form of the Standard Development Agreement for the PTMU Overlay Zone; end WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified Mitigation Monitoring Program No. 106A in connec- tion with its cons'xferstion of General Plan Amendment No. 2004 00420, Zoning Code Amendment No. 2004-000036, Miscellaneous Case No. to amend The Platinum Triangle Master Land Use Plan, Mis- ce0aneous Case No. 2005 00114 to amend The Platinum Triar�gle Standardized Development Agreement, Miscellaneous Case No. 2005.00115 to rescind, in part, the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and fleclassfication No. 2004-00134; and WHEREAS, on February 13, 2007, the CiN Council initiated (i) General Plan Amendment No. 2007.00454; (ii) Zoning Code Amendment No. 2007-OOD56; iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007-=88); (iv) Factessificaflon No. 2007-00196 (v) an amendment to The Platinum Triangle Standardized Development A.1reement (MIS2007-00203); and (vi) further discretionary actions described in Draft Subsequent Environmental Int Report No. 2006-00334 (the "Draft SEIR'), pertaining to The Platinum Triangle (herein collective y referred to as the "Platinum Triangle Expansion Project'); and WHEREAS, said "Platinum Triangle Impact Pro�'ect was approved by Council on December 11, 2007; and WHEREAS, on October 16, 2007, puree iritto the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collective referred to as the "Development Agreement Law'), Integral Partners, repro - senting Ronald W. Marshall and Deborah L Marshall Trust, The Marshall Family Trust, and See Development Limited Partnership (hereinafter "Applicant" ), submitted an application to the Planning Department for ap- proval p-proval of Development Agreement No. 2007-00002 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development Agreement") prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation of the Platinum Vista Project; and WHEREAS, the Development Agreement pertains to approximately 4.6 acres of real property in the Clly of Anaheim, owned by the Applicant, commonly known as 1005 -1105 East Katella Avenue, as more particu- larly articu-larly described in Exhibit 'A" attached hereto and incorporated herein by this reference (hereinafter the "Property"), which is located in The Platinum Triangle and zoned PTMU Overlay (Katella District), as reclassified avert of the Platinum Triangle Expansion Project; and WHEREAS, the Applicant desires to develop the Property in accordance with the provisions of the Development Agreement by developing a 327 -unit residential condominium project, as more particularly set forth in Final Site Plan No. 2007.00011, Conditional Use Permit No. 2007-05248, and Tentative Tract Map No. 17186 (hereinafter collectively referred to as the 'Platinum Vista Project"); and WHEREAS, on December 3, 2007, the Planning Director approved Final Site Plan No. 2007-00011 to provide for the development of the Platinum Vista Project, contingent upon the approval of the Platinum Triangle Expansion Pr ''act Development Agreement No. 2007 00002 and Tentative Tract Map No. 17186; and WHEREAS, the City Planning Commission did hold a pubilo hearing at the Civic Center in the City of Anaheim on December 10, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provision of the Anaheim Municipal Code, Chapter 16.60, 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 City Planning Commission, by its Resolution No. PC2007-155, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Devel- opment Aggreement No. 2007-00002 and that the Agreement meets ttte criteria set forth in the Procedures ResoNrtion and has recommended to the City Council that said Development Agreement be approved; and WHEREl1S, the City Council did hold a public hearing upon the Development Agreement, notice of said public hearing having been duty given as required by law; and WHEREAS, pursuant to the provisions of the Cffirfomia Environmental Quality Act ("CEQA°), the City Council, as lead agency for the Development Agreement, by motion, did find and determine, based upon its in- depethderht revrew and consideration of an Initial Study conducted pursuant to CEOA for Development Agreement No. 2007 00002 and the requirements of CEOA, including Section 21166 of the Callfomia Public Re- sources Code end Section 15162 of the CEOA Guidelines, end the ewdence received at the public hearing, that FSEIR No. 334 and M'iU' Monitoring Program No. 106B and Mitigation Monitoring Plan No. 149 are adequate to serve as the required environmental documentation for the Development Agreement and satisfy all of the requirements of CEOA, and that no further environmental documentation need be prepared for this Development Agreement. nrhoeM the - requirements of the Procedures Resokition to enter into the Development Agreement b showingthat, upon completion, the Project will result in the cons 327 teeiderrbalat�il cw doominiums and a 9,500 square foot full-service restaurant with outdoor dining area within a perioof not more than five (5) years; WHEREAS, the City Council of the City of Anaheim, after due inspection, investigation and study made by itself and in ifs behalf, and after due consideration of and based upon all of the evidence and reports of- fered at said hearing, including the evidence presented at the Planning Commission meeting and Planning Commission Resolution No. PC2007-155, does find upon review of the land use aspects of the Develop - merit Agreement: 1. That the Project is consistent with the City's General Plan, as amended by the Platinum Triangle Expansion Project, in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle 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 that the Project is in compliance with the PTMU Overlay Zone requirements, as amend ed by the Platinum Triangle Expansion Peof,and as further set forth in Final Site Plan No. 2007 00011, which has been approved by the Planning Director, and Conditional Use Permit No. 2007-05248 and Tentative Trail Map No. 17186, which were approby tCity Planning Commission on December 10, 2007. 3. That the Project is compatible with man and the PTMU Over- yZonrequirmentsasended by Platinum Triangle Expansion Pro�ect. 4. That the Project isnot otherwise detrimental to the health and safety oft a citizens of the City of Anaheim. 5. That tfhe Development Agreement constilutse a lawful, present exarchse of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. That the Development Agreement entered into pursuant to and in compliance with its charter powers and the requirements of Becton 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Development Agreement No. 2007.00002 be, and the same is hereby, approved. SECTION 2. That the Me or be, and is hereby, authorized to execute said Development Agreement for and on behalf of the City. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 18 day of December, 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the 8th day of January, 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: /s/ Linda Nguyen CITY CLERK OF THE CITY OF ANAHEIM 1M10ff 'A' LEGAL DESCRIPTION OF THE PROPERTY CITY OF ANAHEIM By: /s/ Curt Pringle MAYOR OF THE CITY OF ANAHEIM PARCEL 1: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUN- TY RECORDER OF ORANGE COUNTY, CALIFORNIA PARCEL 2: PARCEL 2, IN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA Published: Anaheim Bulletin January 17 2008 8534070/ 25-049