RES-1989-453
RESOLUTION NO. 89R-453
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND
THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD
BE CHANGED.
WHEREAS, the City Planning Commission of the City of
Anaheim did hold a public hearing in Reclassification Proceedings
No. 89-90-08 to consider an amendment to the Zoning Map referred to
in Title 18 of the Anaheim Municipal Code, and to consider a change
in the boundaries of the zone or zones hereinafter mentioned and
described and, at said hearing, did receive evidence and reports
from persons interested therein and from its staff; and
WHEREAS, within a period of forty (40) days following
said hearing, the Planning Commission did duly adopt a resolution
containing a report of its findings, a summary of the evidence
presented at said hearing and approved the proposed amendment; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council does find and determine that
the Zoning Map referred to in Title 18 of the Anaheim Municipal
Code should be amended and that the property hereinafter described
should be excluded from the zone or zones in which it is now
situated and incorporated in the zone and zones as hereinafter set
forth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the City Council does hereby declare and
indicate its intention to amend the Zoning Map of the City of
Anaheim and to rezone and reclassify the following described
property, situated in the City of Anaheim, County of Orange, State
of California, to wit:
THAT PORTION OF THE WESTERLY 19 ACRES OF THAT CERTAIN 57 ACRE
TRACT OF FIRST CLASS LAND MARKED "ROMONA 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:
RECLASS 89-90-08
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID 57 ACRE TRACT
AND RUNNING THENCE SOUTH 80 DEG. 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.
EXCEPTING THERE FROM THAT PORTION LYING SOUTHERLY OF THE
NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED 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 FORM 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 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 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 REDERED MARCH 5, 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 278, PAGE 8 OF DEEDS, RECORDS OF SAID
COUNTY, SAID SOUTHWEST CORNER BEING DISTANT NORTH 80 DEG. WEST
479.4 FEET FORM 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 57 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 OR THE PROLONGATION
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RECLASS 89-90-08
THEREOF, ESTABLISHED BY AGREEMENT BETWEEN LAURIE VEJAR AND
OTHERS AND ROSA YORBA LOCKE AND HUSBAND, DATED DECEMBER 14,
1923 AND RECORDED IN BOOK 502, 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.
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 of the City of
Anaheim, subject to the following conditions:
1. That a fee shall be paid to the City of Anaheim for tree
planting along Garland Circle in an amount as established by City
Council resolution.
2. That prior to the introduction of an ordinance rezoning
subject property, Condition No.1, above-mentioned, shall be
completed. The provisions or rights granted by this resolution
shall become null and void by action of the Planning Commission
unless said conditions are complied with within one (1) year from
the date of this resolution or such further time as the Planning
Commission may grant.
3. That approval of this application constitutes approval of
the proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City, State
and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
-3-
RECLASS 89-90-08
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that the adoption of this
Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any
condition or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then
this Resolution, and any approvals herein contained, shall be
deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 5th day of December, 1989.
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ATTEST:
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CITY C RK F THE CITY OF ANAHEIM
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120889
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RECLASS 89-90-08
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 Resolution No. 89R-453 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 5th day of December, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES:
COUNCIL MEMBERS: Kaywood
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-453 on the 12th day of December, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of December, 1989.
~~A 7L~C)~
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-453 duly passed and
adopted by the Anaheim City Council on December 5, 1989.
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CITY CLERK OF THE CITY OF ANAHEIM