RES-1989-454
RESOLUTION NO. 89R-454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING VARIANCE NO. 3990.
WHEREAS, after a request for variance by BLASH MOMENY,
2082 Business Center Drive, H185, Irvine, CA 92715, owner, to
permit a 19-1ot (18 units plus 1 common lot) RS-5000(0)
"Residential, Single-Family - Oil Overlay" zoned subdivision, was
received, a public hearing before the Planning Commission of the
City of Anaheim was held upon due and proper notice, a result of
which Variance No. 3990 was denied covering the following
described property:
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:
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
DNYG VAR 83990
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 "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 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
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.
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DNYG VAR 83990
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; 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 at a public hearing
noticed and held as prescribed by law and, as a result thereof,
the City Council does hereby make the following findings:
1. That there no special circumstances applicable to the
property which do not apply to other property in the same vicinity
and zone.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property in
the same vicinity and zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said Variance be, and the same is hereby,
denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by
Section 1094.6 of the Code of Civil Procedure and Anaheim City
Council Resolution No. 79R-524.
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 CLERK OF THE CITY OF ANAHEIM
JLW:db/3407L/120889 -3-
DNYG VAR 83990
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-454 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, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-454 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.
~,,-/( ~
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-454 duly passed and
adopted by the Anaheim City Council on December 5, 1989.
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CITY CLERK OF THE CITY OF ANAHEIM