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2000-170RESOLUTION NO. 2000R z170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT THE NORTH SIDE OF DISNEY WAY, EXTENDING FROM THE NORTHEAST CORNER WITH HARBOR BOULEVARD TO THE NORTHEAST CORNER WITH CLEMENTINE STREET FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENTS (R/W 5245-1D, 1E, iF, 02, 2E) WHEREAS, the City of Anaheim has been investigating the acquisition of various interests in property, including fee interests and temporary construction easements, on property located at the north side of Disney Way, extending from the northeast corner with Harbor Boulevard to the northeast corner with Clementine Street, hereinafter referred to as "The Property," for the purposes of making public roadway improvements on the circulation element of the General Plan of the City of Anaheim; and WHEREAS, on August 15, 2000, after no less than fifteen (15) days written notice to the owners of the Property referenced above, and more specifically described in the legal descriptions attached hereto as Exhibit "A," which legal descriptions are incorporated herein by reference, the City Council of the City of Anaheim held a hearing for the purposes of allowing the record owners of such property reasonable opportunity to appear and be heard on the following matters: Ao Whether the public interest and necessity required the Project; Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; Whether the Property proposed to be acquired is necessary for the Project; and Do Whether the offer required by Government Code § 7267.2 had been given to the owners of record; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety and welfare require that the City acquire various interests in the Property for the purposes of widening and improving Harbor Boulevard and Disney Way; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Environmental Impact Report No. 313 (Anaheim Resort); and WHEREAS, the City of Anaheim is authorized to acquire the Property under authority of its own charter, 'and Government Code §§ 37350.5 and 40404; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: SECTION I. The Project for which acquisition of the Property is required consists of the widening and improving of Harbor Boulevard, Clementine Street and Disney Way, including installation of street, sidewalk landscaping and public utilities. SECTION II. The Property to be acquired is located within the City of Anaheim, County of Orange, State of California, and is located at the north side of Disney Way between Harbor Boulevard and Clementine Street, the east and west sides of Clementine at Disney Way and the east side of Harbor at Disney Way (Assessor Parcel Nos. 082-210-47, 52, 53 and 75). The portions of property the City seeks to acquire, and the Property interests sought, consist of the following: Fee simple title to approximately 6,027 square feet of frontage along the Property, as more specifically described in Exhibit "A" hereto, subject to a reservation of rights in Southern California .Edison, and its successors and assigns ("SCE"), in the northerly 24 feet of the ultimate right of way for Disney Way ("Restricted Property"), as follows: 1. Restriction on Improvements. City shall have the right to construct or install any building, improvement or thing whatsoever (each, an "Improvement") above or on the Restricted Property (i) which is depicted on the plans for the Project, or (ii) which constitutes an Other Approved Use. For purposes of this reservation, -2- the term "Other Approved Use" shall mean the following: (i) installation and maintenance of landscaping, (ii) construction, maintenance, operation and use of security fences, (iii) construction, maintenance and operation of parking lots, roads, temporary-type building; (iv) construction and maintenance of landscape setbacks, (v) maintenance and utilization of subsurface utilities, and (vi) all rights to use the Restricted Property in any way not inconsistent with this reservation; provided however, that prior to the exercise of any of the foregoing rights, City shall provide detailed plans and designs to SCE for review and shall obtain SCE's written determination that the location of any such uses, and, with respect to the foregoing clause {vi}, the exercise of rights described therein, will not interfere with or endanger the operation or maintenance of SCE's electric lines and communication circuits, or SCE's ready access to said electric lines and communication circuits, or the exercise of any of the rights herein reserved to SCE; and provided further, that (i) SCE shall have the right to approve all landscaping plans for the lands within the Restricted Property, with approval to be withheld only if the plants selected or location thereof will, in SCE's reasonable opinion, interfere with or endanger the operation or maintenance of SCE's electric lines and communication circuits; (ii) SCE shall have the right to require City to trim or top and to keep trimmed or topped any and all trees on the Restricted Property to a height of 25 feet within 50 feet from the center line of any of SCE's poles (it being approved by City that if City fails to comply with this clause (ii) within 30 days following receipt of a written request from SCE or if SCE determines in its reasonable discretion that any tree or planting poses an immediate threat to SCE's facilities, SCE may, at City's expense, trim or top, or cause to be trimmed or topped, such trees pursuant to this clause (ii); and (iii) SCE, its successors, assigns and agents shall not be liable for damage to or removal of trees and vines, where such damage, removal and -3- loss occur as a result of the exercise of the rights granted herein. 2. No Effect on Underqround Utilities. Nothing in this reservation shall prevent City from constructing or installing, or be construed so as to require City at any time to remove, (i) underground utilities, storm drains, traffic control devices, or any other item situated under the Restricted Property, (ii} driveway/roadway improvements, or (iii) any Other Approved Use; subject, however, to the rights of SCE to place gates in fences and to limit the height of landscaping in accordance with the standards described in the preceding paragraph. SECTION III. The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the improvement of Harbor Boulevard, Clementine Street and Disney Way in the manner contemplated by the Project. The Project is designed to relieve regional traffic congestion and improve the capacity of the streets, which will require continuity in the roadway alignment and traffic handling capacity of the streets. SECTION IV. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Project has been planned in conjunction with a reservation in the owner to preserve and enhance the utility of the property to be acquired, and consistent with a Relocation and/or Undergrounding Agreement between City and the Owner, whereby the City will finance various relocation and undergrounding activities to accommodate present and future utility installations on and in the vicinity of the Property to be acquired, to assure continuity of utility services and their compatibility with roadway improvements. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening, undergrounding of utilities, and upgrading parkway landscaping, along with attendant storm drain improvements. This will enhance the utility of the area, improve traffic circulation, and contribute to the overall resort destination identity of the Anaheim Resort Specific Plan. -4- SECTION V. The Property is necessary for the proposed Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. SECTION VI. The offer required by Government Code § 7267.2 has been made to the record owners, by way of letter dated April 20, 2000. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. SECTION VII. Ao To the extent the Property is to be acquired herein is devoted to a public use, the City finds and determine pursuant to Code of Civil Procedure Section 1240.510 that its proposed use will not unreasonably interfere with or impair the continuance of such use by virtue of the compatibility of the design of the public right of way improvements with existing and reasonably anticipated future uses thereon, particularly considering reservation of rights in the Restricted Property and the City's offer to the owner to provide funding of the relocation and undergrounding of facilities by Southern California Edison, in the Relocation and/or Undergrounding Agreement referenced above. Bo To the extent the City's proposed use of the Property to be acquired herein is found not to be compatible with existing or reasonably expected future public uses thereon, the City finds pursuant to Code of Civil Procedure Section 1240.610 that its use is more necessary than such uses, in that the traffic improvements are required to maintain traffic circulation and safety in the area, and any interruption or discontinuity of the roadway design would result in impairment of traffic movements and traffic sight lines, presenting a danger to persons and property from potential vehicular and/or pedestrian accidents. SECTION VIII. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impact Report No. 313, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternatives which have become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. SECTION IX. The City Attorney is hereby authorized to prepare and prosecute in the name of the City, such special proceedings in the proper court having jurisdiction thereof, as are necessary for acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of the City Attorney to acquire for the City the Property. The City Attorney is specifically authorized to take whatever steps and/or procedures are available to thereunder the Eminent Domain law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the Property. The City Attorney is authorized to assign any work in such action to other attorneys as the City Attorney may deem appropriate. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of August, 2000. ATTEST: CITY CLERK 36588.1\MSLAUGHT\August 15, 2000 PAGE 1 OF 2 EXHIBIT A RIGHT-OF-WAY DEDICATION Disney way (formerly Freedman Way) DISNEY RESORT PARCEL 34 (SOUTHERN CALIFORNIA EDISON) AP# 082-210-47, 52 & 53 THAT PORTION OF LOT 20 OF TRACT No. 190 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 23, PAGE 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN SAID CITY, COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, SAID LINE BEING THE CENTERLINE OF HARBOR BOULEVARD, DISTANT THEREON SOUTH 00© 39'57" WEST 1146.18 FEET FROM THE CENTER OF SAID SECTION 22, AS SHOWN ON RECORD OF SURVEY NO. 97-1028 FILED IN BOOK 174, PAGES 31 AND 32 OF RECORDS OF SURVEY OF SAID COUNTY, SAID POINT ALSO BEING DISTANT NORTH 00© 39' 57" EAST 206.25 FEET FROM THE CENTERLINE INTERSECTION OF FREEDMAN WAY AS SHOWN ON SAID RECORD OF SURVEY; THENCE, SOUTH 89010'35'' EAST 72.00 FEET, ALONG THE NORTHERLY LINE OF THE SOUTH 175 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22, TO THE EASTERLY RIGHT-OF- WAY LINE OF HARBOR BOULEVARD, AS DESCRIBED IN THAT CERTAIN NOTICE OF LIS PENDENS RECORDED DECEMBER 15, 1998, AS INSTRUMENT NO. 19980863895, OFFICIAL RECORDS OF SAID COUNTY, SAID LINE BEING PARALLEL WITH AND 72.00 FEET, EASTERLY , MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF HARBOR BOULEVARD; THENCE, ALONG SAID EASTERLY RIGHT- OF-WAY LINE AND SAID PARALLEL LINE, SOUTH 00039'57'' WEST 99.17 FEET; THENCE SOUTH 41024'08" EAST 27.05 FEET TO A LINE PARALLEL WITH AND 87.00 FEET, NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF FREEDMAN WAY, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, ALONG SAID PARALLEL LINE, SOUTH 89012'27" EAST 1093.59 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 3000.00 FEET; THENCE, EASTERLY 16.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°18'48"; THENCE, SOUTH 89°31'15'' EAST 167.18 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 3000.00 FEET; THENCE, EASTERLY 16.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°18'48" TO A LINE PARALLEL WITH AND 88.00 FEET, NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE OF FREEDMAN WAY; l:\WORD6\F1LES\BOY96051 \3D\ROW-FREE\E0063034,doc revised: 04/26/00 3:42 PM printed: 05/12/00 11:54 AM RIGHT-OF-WAY DEDICATION DISNEY RESORT PARCEL 34 (SOUTHERN CALIFORNIA EDISON) AP# 082-210-47, 52 & 53 PAGE 2 OF 2 THENCE, ALONG SAID PARALLEL LINE, SOUTH 89012'27'' EAST 152.14 FEET TO THE EASTERLY PROPOSED R/W LINE OF THE LAND DESCRIBED IN SAID NOTICE OF LIS PENDENS; THENCE, ALONG THE FOLLOWING COURSES OF THE LAND DESCRIBED 1N SAID NOTICE OF LIS PENDENS: SOUTH 45°44'00" WEST 7.08 FEET TO A LINE PARALLEL WITH AND 83.00 FEET, NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTERL1NE OF FREEDMAN WAY; ALONG SAID PARALLEL LINE, NORTH 89012'27" WEST 1437.10 FEET; NORTH 41°24'08" WEST 5.41 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 6,027 SQUARE FEET. ALL AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF. LEGALi{)ESCRIPTION PREPARED UNDER THE SUPERVISION OF: JCI~E['H G~. YRIOXAW, P.L.S. 6871 I:\WORD6\F1LES\BOY9605 l\3D\ROW-FREE\E0063034.doc revised: 04/26/00 3:42 PM printed: 05/12/00 11:54 AM FC£NTER OF SEC. 22, T. 4S., R. IOW.., CURVE DATA TABLE CURVE DEL TA RADIUS LENGTH CI 0078 48" $000.00' 16.41' BASIS OF BEARINGS: EXHIBIT 8 APIII 082-210-47, 52, & 53 UNE DATA TABLE L3 L4 L5 L6 OIRECTION D/STANCE N89 7 0'$5"W 72.00' NOO '`39 '5 7"E 99. 17' N41 '24'08"W 2 Z 05' N89'$1'lS"W 187. 18' N8972'27"W 152· 14' N45'44'OO"E 7, 08' N41'24'O8"W 5.41' RECORD OF SURVEY No. 97-1028 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA PER MAP FILED IN BOOK 174, PAGES $1-$2 OF RECORDS OF SURVEY OF SAID COUNTY: EXISZING R/"'W RE)c'ERENCES: ~ R/W IN DEED REC· IN BOOK 9024, PAGE 277, O.R. ~ R/W AS DESCRIBED IN NOTICE OF LIS PENDENS RECORDED IN INSTRUMENT No. 19980863895, O.R. ~, 082-210--1 9 E~] 082--210-50,51~] /~] ?,. i,lc. ~(h'/, ,:~LF~. 2,7,"5~ L '() T 20 082-210-47 ~ 082-210-53 '~~ ' 082-210-52 N8972~7"~ I09~.59' ~ ~ ~ C1 L4 CI AREA OF D£DICA7 '~ N8972'27"W N8972'27"W DISNEY T. R/W WAY [] S'L Y LINE OF DEED RECORDED AS INSTR. No. 89-000879, OR. [] S'L Y LINE OF DEED RECORDED AS INSTR. No. 84-52151,¢. O.R. [] W'LY LINE OF LOT 20, TRACT No. 190 BOOK 25 PAGE 50. [] N'LY LINE OF S'LY 175.00' OF LOT 20, TRACT No. 190 BOOK 2,3 PAGE 50. [] NORTH LINE OF SOUTH 175' OF THE SW 1/4, NW 1/4, SE I/4, SEC. 22, T. 4S., R. IOW., RANCHO SAN JUAN CAJON DE SANTA ANA, M.M. 51-10 (PARCEL 6 OF DOC. REC. IN BOOK 1008, PG. 171, O.R.) 1604.8,3' (FORMERLY FREEDMAN WA Y) AREA OF DEDICA 170N = 6, 027 SQUARE FEET DISNEY WAY (FORMERLY FREEDMAN WAY) PARCEL 5¢ - SOUTHERN CALIFORNIA EDISON IR/W No. APPROVED BY: DATE C Truxow end A,~oc~ot~, 9kleers ond Lond Surveyors m DRAWN: CL CHI(D: JGT I DIS. MAP I DATE: 4--3-00 DALE: 4--~-OO PAGE 1 OF 2 EXHIBIT A COVENANT TO RESTRICT EASEMENT DISNEY RESORT PARCEL 34 (SOUTHERN CALIFORINIA EDISON) AP# 082-210-47, 52 & 53 THAT PORTION OF LOT 20 OF TRACT No. 190 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 23, PAGE 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN SAID CITY, COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST L1NE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, SAID POINT BEING ON THE CENTERLINE OF HARBOR BOULEVARD, DISTANT THEREON SOUTH 00°39'57" WEST 1265.43 FEET FROM THE CENTER OF SAID SECTION 22, AS SHOWN ON RECORD OF SURVEY NO. 97-1028 FILED IN BOOK 174, PAGES 31 AND 32 OF RECORDS OF SURVEY OF SAID COUNTY, SAID POINT ALSO BEING ON A LINE PARALLEL WITH AND 87.00 FEET, NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF FREEDMAN WAY AS SHOWN ON SAID RECORD OF SURVEY; THENCE, ALONG SAID PARALLEL LINE, SOUTH 89012'27'' EAST 93.76 FEET TO THE PROPOSED NORTHERLY RIGHT-OF-WAY LINE OF DISNEY WAY (FORMERLY FREEDMAN WAY); THENCE, CONTINUING ALONG SAID PARALLEL LINE AND SAID NORTHERLY RIGHT- OF-WAY LINE, SOUTH 89012'27" EAST 1089.96 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 3000.00 FEET; THENCE, EASTERLY 16.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°18'48"; THENCE, SOUTH 89°31'15" EAST 167.18 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 3000.00 FEET; THENCE, EASTERLY 16.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°18'48" TO A LINE PARALLEL WITH AND 88.00 FEET, NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF FREEDMAN WAY; THENCE, ALONG SAID PARALLEL LINE, SOUTH 89012'27" EAST 142.90 FEET; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF DISNEY WAY (FORMERLY FREEDMAN WAY), SOUTH 89012'27" EAST 48.17 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CLEMENTINE STREET AS DESCRIBED IN EASEMENT DEED TO THE CITY OF ANAHEIM RECORDED IN BOOK 6998, PAGE 530, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF CLEMENTINE STREET SOUTH 00040'26" WEST 24.00 FEET, TO A LINE PARALLEL WITH AND 64.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF FREEDMAN WAY; I:\WORD6hCILES\BOY96051 k3D\ROW-FREE\E0064034.DOC revised: 04/26/00 3:41 PM printed: 05/12/00 11:33 AM COVENANT TO RESTRICT EASEMENT DISNEY RESORT PARCEL 34 (SOUTHERN CALIFORNIA EDISON) AP# 082-210-52 & 53 PAGE 2 OF 2 THE FOLLOWING COURSES, TO THE PO1NT OF BEGINNING, SHALL BE PARALLEL AND CONCENTRIC WITH THE PREVIOUSLY DESCRIBED COURSES; THENCE, ALONG SAID PARALLEL LINE, NORTH 89012'27" WEST 191.12 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 2976.00 FEET; THENCE, WESTERLY 16.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°18'48"; THENCE, NORTH 89°31' 15"WEST 167.18 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 3024.00 FEET; THENCE, WESTERLY 16.54 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°18'48" TO A LINE PARALLEL WITH AND 63.00 FEET, NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF FREEDMAN WAY; THENCE, ALONG SAID PARALLEL LINE, NORTH 89°12'27" WEST 1183.66 FEET TO SAID CENTERLINE OF HARBOR BOULEVARD; THENCE, ALONG SAID CENTERLINE OF HARBOR BOULEVARD NORTH 00°39'57" EAST 24.00 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 37,795 SQUARE FEET. ALL AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF. Legal D~, cription prepared under the supervision of: JOSEPH G. TRUXAW, P.L.S. 6871 I:\WORD6\FILES~BOY96051 \3D~ROW-FREE\E0064034.DOC revised: 04/26/00 3:41 PM printed: 05/12/00 11:33 AM $31~V~ d /7 Page 1 of 2 EXHIBIT A RIGHT-OF-WAY EASEMENT DEDICATION CLEMENTINE STREET AND DISNEY WAY (FORMERLY FREEDMAN WAY), N.W.C. DISNEY RESORT PARCEL 34 (SOUTHERN CALIFORNIA EDISON) AP# 082-210-52 THAT PORTION OF LOT 20 OF TRACT No. 190 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, PAGE 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID LINE ALSO BEING THE CENTERLINE OF HARBOR BOULEVARD, WITH THE CENTERL1NE OF FREEDMAN WAY, SAID INTERSECTION BEING SOUTH 00°39'57'' WEST 1352.43 FEET FROM THE CENTER OF SAID SECTION 22, AS SHOWN ON RECORD OF SURVEY NO. 97-1028 FILED IN BOOK 174, PAGES 31 AND 32 OF RECORD OF SURVEY OF SAID COUNTY; THENCE, SOUTH 89012'27" EAST 1604.83 FEET, ALONG SAID CENTERLINE OF FREEDMAN WAY AS SHOWN ON SAID RECORD OF SURVEY TO THE CENTERLINE INTERSECTION OF CLEMENTINE STREET AND FREEDMAN WAY AS SHOWN ON PARCEL MAP FILED IN BOOK 122 PAGE 12 OF PARCEL MAPS; THENCE, NORTH 00040'26'' EAST 206.15 FEET ALONG A LINE PARALLEL WITH AND 30.00 FEET, EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WESTERLY RIGHT-OF-WAY LINE OF CLEMENTINE STREET AS DESCRIBED IN EASEMENT DEED TO THE CITY OF ANAHEIM, RECORDED IN BOOK 6998, PAGE 530, OFFICIAL RECORDS OF SAID COUNTY, TO THE NORTHERLY LINE OF THE SOUTHERLY 175.00 FEET OF SAID LOT 20; THENCE, ALONG SAID NORTHERLY LINE, NORTH 89009'50" WEST 53.95 FEET TO THE PROPOSED WESTERLY RIGHT-OF-WAY LINE OF CLEMENTINE STREET AS DESCRIBED IN THAT CERTAIN NOTICE OF LIS PENDENS RECORDED DECEMBER 15, 1998, AS INSTRUMENT NO. 19980863895, OFFICIAL RECORDS OF SAID COUNTY, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, ALONG SAID PROPOSED WESTERLY RIGHT-OF-WAY LINE, SOUTH 00°40'26" WEST 103.21 FEET AND SOUTH 45044'00" WEST 21.17 FEET TO A LINE PARALLEL WITH AND 88.00 FEET, NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF FREEDMAN WAY; THENCE, ALONG SAID PARALLEL LINE, NORTH 89012'27" WEST 9.24 FEET; THENCE, LEAVING SAID PARALLEL LINE, NORTH 47°29'16" EAST 31.59 FEET; THENCE, NORTH 00°52'23" WEST 86.07 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2686.00 FEET; THENCE, NORTHERLY 10.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00013'26" TO SAID NORTHERLY LINE OF THE SOUTHERLY 175.00 FEET OF SAID LOT 20; I:\WORD6\FILES\BOY9605 I\3D\ROW-CLEM~E0303034.doc revised: 05/12/00 11:42 AM printed: 05/12/00 11:42 AM RIGHT-OF-WAY EASEMENT DEDICATION DISNEY RESORT PARCEL 34 (SOUTHERN CALIFORNIA EDISON) AP# 082-210-52 Page 2 of 2 THENCE, ALONG SAID NORTHERLY LINE, SOUTH 89009'50'' EAST 3.77 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 403 SQUARE FEET. ALL AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF. Legal Desc~ption prepared under the supervision of: JOSH G~i~R~W, P.L.S. 6871 l:\WORD6\FILES\BOY96051 \3D\ROW-CLEM~E0303034.doc revised: 05/12/00 11:42 AM printed: 05/12/00 11:42 AM _7~Z~,6£.OON 3,9~,0~.00N '~, ,ZO'~ /~£~,~g. OON 01/1~A~7/'108 Page I of 2 EXIqIFIIT A RIGHT-OF-WAY DEDICATION DISNEY RESORT PARCEL 34 (SOUTHERN CALIFORNIA EDISON) APg 082-210-75 CLEMENT1NE STREET AND DISNEY WAY (FORMERLY FREEDMAN WAY), N.E.C. THAT PORTION OF LOT 20 OF TRACT No. 190 1N THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, PAGE 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE STATE OF CALIFORNIA, SAID LINE ALSO BEING THE CENTERLINE OF HARBOR BOULEVARD, WITH THE CENTERLINE OF FREEDMAN WAY, SAID INTERSECTION BEING SOUTH 00039'57'' WEST 1352.43 FEET FROM THE CENTER OF SAID SECTION 22, AS SHOWN ON RECORD OF SURVEY NO. 97-1028 FILED IN BOOK 174, PAGES 31 AND 32 OF RECORD OF SURVEY OF SAID COUNTY; THENCE, SOUTH 89o12'27'' EAST 1604.83 FEET, ALONG SAID CENTERLINE OF FREEDMAN WAY AS SHOWN ON SAID RECORD OF SURVEY TO THE CENTERL1NE INTERSECTION OF CLEMENTINE STREET AND FREEDMAN WAY AS SHOWN ON PARCEL MAP FILED IN BOOK 122 PAGE 12 OF PARCEL MAPS; THENCE, NORTH 00040'26" EAST 84.27 FEET TO A POINT TO BE HEREINAFTER KNOWN AS POINT "A'; ON A LINE PARALLEL WITH AND 30.00 FEET, EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WESTERLY RIGHT-OF-WAY LINE OF CLEMENTINE STREET AS DESCRIBED IN EASEMENT DEED TO THE CITY OF ANAHEIM, RECORDED IN BOOK 6998, PAGE 530, OFFICIAL RECORDS OF SAID COUNTY; THENCE, CONTINUING ALONG SAID LINE, NORTH 00040'26'' EAST 121.88 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 175.00 FEET OF SAID LOT 20; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 89o09'50'' EAST 30.00 FEET TO A LINE PARALLEL WITH AND 60.00 FEET, EASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID WESTERLY LINE AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, CONTINUING ALONG SAID NORTHERLY LINE, SOUTH 89009'50'' EAST 10.32 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2588.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 89°18'05'' WEST; THENCE, SOUTHERLY 44.86 FEET ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 00°59'35"; THENCE, SOUTH 01 o41 '30" EAST 52.10 FEET; THENCE, NORTH 43°07'21'' WEST 20.13 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID CLEMENTINE STREET AS DESCRIBED IN SAID EASEMENT DEED TO THE CITY OF ANAHEIM, RECORDED IN BOOK 6998, PAGE 530, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY OF CLEMENT[NE STREET, NORTH 00o40'26" EAST 82.38 FEET, TO THE TRUE POINT OF BEGINNING. PARCEL A CONTAINS APPROXIMATELY 1,061 SQUARE FEET. I:\WORD6\FI LES\BOY96051 ~3 D\ROW-CLEM~E0298034.DOC revised: 12/27/99 10:10 AM printed: 06/29/00 3:15 PM RIGHT-OF-WAY DEDICATION DISNEY RESORT PARCEL 34 (SOUTHERN CALIFORNIA EDISON) AP~ 082-210-75 Page 2 of 2 PARCEL B THAT PORTION OF LOT 20 OF TRACT No. 190 IN TIlE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, PAGE 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE, SOUTH 89o19'34'' EAST 67.80 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, NORTH 43°07'21'' WEST 2.22 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS 1048.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 03°23'56" EAST; THENCE, EASTERLY 112.51 FEET ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 06°09'04" TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1204.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 08°22'07'' EAST; THENCE, WESTERLY 110.82 FEET ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 05° 16'25" TO THE TRUE POINT OF BEGINNING. PARCEL B CONTAINS APPROXIMATELY 100 SQUARE FEET. ALL AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF. Legal ~)esc~ption prepared under the supervision of: J~H~. ~XAW P.L.S. 6871 I:\WORD6~FILES~BOY96051 k3DLROW-CLEIvI~E0298034.DOC revised: 12/27/99 10:10 AM printed: 06/29/003:15 PM PAGE 1 OF 2 EXHIBIT A RIGHT-OF-WAY EASEMENT DEDICATION Harbor Boulevard/Disney Way (formerly Freedman Way), N.E.C. DISNEY RESORT PARCEL 34 (SOUTHERN CALIFORNIA EDISON) AP# 082-210-47 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, SAID LINE BEING THE CENTERLINE OF HARBOR BOULEVARD, DISTANT THEREON SOUTH 00© 39'57" WEST 1146.18 FEET FROM THE CENTER OF SAID SECTION 22, AS SHOWN ON RECORD OF SURVEY NO. 97-1028 FILED IN BOOK 174, PAGES 31 AND 32 OF RECORDS OF SURVEY OF SAID COUNTY, SAID POINT ALSO BEING DISTANT NORTH 00© 39' 57" EAST 206.25 FEET FROM THE CENTERLINE INTERSECTION OF FREEDMAN WAY AS SHOWN ON SAID RECORD OF SURVEY; THENCE, SOUTH 89°10'35" EAST 72.00 FEET, ALONG THE NORTHERLY LINE OF THE SOUTH 175 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22, TO THE EASTERLY RIGHT-OF- WAY LINE OF HARBOR BOULEVARD, AS DESCRIBED IN THAT CERTAIN NOTICE OF LIS PENDENS RECORDED DECEMBER 15, 1998, AS INSTRUMENT NO. 19980863895, OFFICIAL RECORDS OF SAID COUNTY, SAID LINE BEING PARALLEL WITH AND 72.00 FEET, EASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF HARBOR BOULEVARD; THENCE, ALONG SAID EASTERLY RIGHT- OF-WAY LINE AND SAID PARALLEL LINE, SOUTH 00°39'57" WEST 95.15 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;; THENCE, SOUTH 41°24'07" EAST 32.48 FEET TO A LINE PARALLEL WITH AND 87.00 FEET, NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF FREEDMAN WAY; THENCE, ALONG SAID PARALLEL LINE, NORTH 89°12'27' WEST 3.64 FEET TO THE WESTERLY PROPOSED R/W LINE OF THE LAND DESCRIBED IN SAID NOTICE OF LIS PENDENS; THENCE, ALONG THE FOLLOWING COURSES OF THE LAND DESCRIBED IN SAID NOTICE OF LIS PENDENS: NORTH 41024'08" WEST 27.05 FEET, TO SAID EASTERLY RIGHT-OF-WAY LINE OF HARBOR BOULEVARD, AS DESCRIBED IN SAID NOTICE OF LIS PENDENS; AND ALONG SAID EASTERLY RIGHT-OF-WAY, LINE NORTH 00°39'57" EAST 4.02 FEET TO THE TRUE POINT OF BEGINNING. I:\WORD6\FILES\BOY9605 l\3D\ROW-FREE\E0302034.DOC printed: 05/12/00 1:31 PM RIGHT-OF-WAY EASEMENT DEDICATION DISNEY RESORT PARCEL 34 (SOUTHERN CALIFORNIA EDISON) AP# 082-210-47 PAGE 2 OF 2 CONTAINING APPROXIMATELY 80 SQUARE FEET. ALL AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF. LEG,~~~PTION JO~PH G. TI~UXAW, PREPARED UNDER THE SUPERVISION OF: P.L.S. 6871 I:\WORD6\FILES~BOY9605 I\3D~ROW-FREE\E0302034.DOC revised: 04/26/00 3:48 PM printed: 05/12/00 1:31 PM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-170 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of August, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, MoCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Tait IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of August, 2000. c"fTY CLEI~ OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-170 was duly passed and adopted by the City Council of the City of Anaheim on August 15th, 2000. F THE CITY OF ANAHEIM