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5140W ORDINANCE NO. 5140 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, the City Council heretofore held a duly noticed public hearing and, as a result thereof, did adopt its Resolution No. 89R-453 determining that a change or changes in the zone or zones hereinafter mentioned and described should be made; and WHEREAS, certain conditions and requirements were made as conditions precedent to the making of a change or changes of said zone or zones, which conditions have been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying that certain property situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: THAT PORTION OF THE WESTERLY 19 ACRES OF THAT CERTAIN 57 ACRE TRACT OF FIRST CLASS LAND MARKED "RAMONA DE LA GUERRA", IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A LICENSED SURVEYORS MAP SHOWING PARTITION OF M. YORBA ESTATE FILED IN BOOK 1, PAGE 27, RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID 57 ACRE TRACT AND RUNNING THENCE SOUTH 80 DEC. 48' 40" EAST ALONG THE SOUTHERLY BOUNDARY THEREOF 601.1 FEET TO A 4" X 4" STAKE MARKED "H.C.K." IN MONOGRAM; THENCE NORTH 5 DEG. 14' 05" EAST 1553.73 FEET TO A STAKE SET BY H. CLAY KELLOGG IN OCTOBER 1914 ON THE NORTHERLY BOUNDARY OF SAID 57 ACRE TRACT; THENCE SOUTH 76 DEG. 45' WEST ALONG SAID NORTHERLY BOUNDARY 626.8 FEET TO THE NORTHWESTERLY CORNER THEREOF MARKED BY A 4" X 4" STAKE MARKED BY "H.C.K." IN MONOGRAM; THENCE SOUTH 5 DEG. 28' 00" WEST ALONG THE WESTERLY BOUNDARY THEREOF 1313.55 FEET TO THE POINT OF BEGINNING. Reclass 89-90-8 RECORDED MARCH 17, 1966 IN BOOK 7871, PAGE 580 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, 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. PARCEL 2: THAT PORTION OF THE S7 ACRE TRACT OF FIRST CLASS LAND MARKED "RAMONA DE LA GUERRA" IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A LICENSED SURVEYORS MAP SHOWING PARTITION OF M. YORBA ESTATE FILED IN BOOK 1, PAGE 27, RECORD OF SURVEYS, IN THE COUNTY RECORDERS OFFICE OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE MARKED IN MONOGRAM "H.C.K." SET IN THE SOUTHERLY BOUNDARY OF SAID 57 ACRE TRACT AT THE SOUTHWEST CORNER OF THE PARCEL OF LAND ALLOTTED AND SET APART TO ROSA YORBA BY DECREE OF PARTITION RENDERED MARCH S, 1915 IN ACTION NO. 5719 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, A CERTIFIED COPY OF WHICH DECREE AS RECORDED IN BOOK 2781, PAGE 8 OF DEEDS, RECORDS OF SAID COUNTY, SAID SOUTHWEST CORNER BEING DISTANT NORTH 80 DEG. WEST 479.4 FEET FROM THE SOUTHEAST CORNER OF SAID 57 ACRE TRACT AND RUNNING THENCE NORTH 4 DEG. EAST ALONG THE WESTERLY LINE OF SAID TRACT ALLOTTED TO ROSA YORBA 1775.5 FEET TO A STAKE SET IN THE NORTHERLY BOUNDARY OF SAID S7 ACRE TRACT BY H. CLAY KELLOGG UPON A SURVEY OF SAID PROPERTY IN 1914; THENCE SOUTH 76 DEG. 15' WEST ALONG SAID NORTHERLY BOUNDARY LINE 529.4 FEET, MORE OR LESS, TO THE BOUNDARY LINE OF THE PROLONGATION THEREOF, ESTABLISHED BY AGREEMENT BETWEEN LAURIE VEJAR AND OTHERS AND ROSA YORBA LOCKE AND HUSBAND, DATED DECEMBER 14, 1923 AND RECORDED IN BOOK S02, PAGE 216 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 5 DEG. 44' 43" WEST ALONG SAID LAST MENTIONED BOUNDARY LINE AND/OR PROLONGATION THEREOF 1539 FEET, MORE OR LESS, TO THE SOUTHERLY BOUNDARY OF SAID 57 ACRE TRACT; THENCE SOUTH 80 DEG. EAST ALONG SAID SOUTHERLY BOUNDARY LINE 507.5 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. -2- Reclass 89-90-8 EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF THE PROPERTY DESCRIBED IN THE DEED RECORDED MARCH 17, 1966 IN BOOK 7871, PAGE 580 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION LYING EASTERLY, SOUTHEASTERLY AND SOUTHERLY OF THE WESTERLY, NORTHWESTERLY AND NORTHERLY LINES OF THE LAND DESCRIBED IN THE DEED RECORDED AUGUST 20, 1968 IN BOOK 8696, PAGE 119 OF OFFICIAL RECORDS. PARCEL 3: ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING THAT MAY BE WITHIN OR UNDER PARCEL 1 AS DESCRIBED ABOVE (THE "LAND"), TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, 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, into the "RS -5000" RESIDENTIAL, SINGLE-FAMILY ZONE. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the property above-described shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim thisl9th day of June, 1990. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM BG:kh 3719L/053090 (MAYIDR OF TRE -/CITY OT ANAHE M -3- Reclass 89-90-8 L CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5140 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of June, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of June, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5140 on the 20th day of June, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of June, 1990. CITY CLERK OF THE CITY OF AN EIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5140 and was published once in the Anaheim Bulletin on the 29th day of June, 1990. /0' CITY CLERK OF THE CITY OF ANAHEIM