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83R-100 RESOLUTION NO. 83R-IOO ",..,..,,- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING 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. 82-83-23 to consider an amendment to Title 18 of the Anaheim Municipal Code relating to zoning, 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 amendment to Title 18 of the Anaheim Municipal Code should be adopted 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 Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and that the following de- scribed property, situated in the City of Anaheim, County of Orange, State of California, to wit: - THOSE PORTIONS OF THE HEREINAFTER DESCRIBED PARCELS 1 AND 2, LYING SOUTHERLY OF THE CENTERLINE OF ESPERANZA ROAD AS CONVEYED TO THE COUNTY OF ORANGE BY DEED RECORDED JANUARY 24, 1934 IN BOOK 656, PAGE 50, OFFICIAL RECORDS, AND EASTERLY OF THE BOUNDARY LINE ESTABLISHED BY AGREEMENT BETWEEN THE ANAHEIM UNION WATER COMPANY AND ESPERANZA F. CARRILLO, AND OTHERS, RECORDED JULY 15, 1957 IN BOOK 3973, PAGE 485, OFFICIAL RECORDS, SAID BOUNDARY LINE BEING SHOWN ON A MAP FILED IN BOOK 37, PAGE 33 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. -1- 82-83-23 ~, -- PARCEL 1: THAT PORTION OF SECOND AND THIRD CLASS LANDS ALLOTTED TO JESUS WILSON DE SHORB BY DECREE OF PARTITION RENDERED FEBRUARY 3, 1874 IN THE DISTRICT COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES IN CASE NO. 1978, AND SHOWN ON A MAP FILED IN SAID CASE, A CERTIFIED COPY OF WHICH DECREE WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE TRACT OF SECOND CLASS LAND ALLOTTED TO WILLIAM MCKEE BY SAID FINAL DECREE IN PARTITION OF SAID RANCHO CANON DE SANTA ANA, BEING STATION 1 OF SAID TRACT AND STATION 2 OF TRACT HEREIN DESCRIBED; THENCE SOUTH 175 CHAINS TO STATION 3; THENCE NORTH 630 EAST 15.40 CHAINS TO STATION 4; THENCE NORTH 168 CHAINS TO STATION 1 OF THE TRACT HEREIN DESCRIBED AND THENCE WEST 13.60 CHAINS TO THE PLACE OF BEGINNING. PARCEL 2: THAT PORTION OF SECOND AND THIRD CLASS LAND ALLOTTED TO R. G. DE LA RIVA BY DECREE OF PARTITION RENDERED FEBRUARY 3, 1874 IN THE DISTRICT COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES IN CASE NO. 1978, AND SHOWN ON A MAP FILED IN SAID CASE, A CERTIFIED COpy OF WHICH DECREE WAS RECORDED FEBRUARY 6, 1874 IN BOOK 28, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE TRACT OF LAND ALLOTTED TO JESUS WILSON DE SHORB BY THE ABOVE MENTIONED DECREE OF PARTITION AT STATION NO. 1 OF SAID TRACT AND STATION NO. 2 OF THE TRACT HEREIN DESCRIBED; THENCE SOUTH 168 CHAINS TO STATION NO.3; THENCE NORTH 630 EAST 11.40 CHAINS TO STATION NO.4; THENCE NORTH 180 EAST 12 CHAINS TO STATION NO.5; THENCE NORTH 500 EAST 20.00 CHAINS TO STATION NO.6; THENCE SOUTH 840 EAST 1.00 CHAIN TO STATION NO.7; THENCE NORTH 142.00 CHAINS TO STATION 1; THENCE WEST 28.00 CHAINS TO THE POINT OF BEGINNING, be reclassified and incorporated in the "CL(SC)n COHMERCIAL, LIMITED (SCENIC CORRIDOR OVERLAY) ZONE of the City of Anaheim, subject to the following conditions: -_. That completion of this reclassification procedure is contingent upon approval of General Plan Amendment No. 178 changing the land use designation to General Commercial and General Open Space. -2- 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 compli- ance 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 jur- isdiction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted City Council of the City of Anaheim this 15th day of ATTEST: ~~OF JLW : fm 0843M 4-5-83 ANAHEIM --- -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I~ LINDA D. ROBERTS~ City Clerk of the City of Anaheim~ do hereby certify that the foregoing Resolution No. 83R-lOO was introduced and adopted at a regular meeting provided by law~ of the City Council of the City of Anaheim held on the 15th day of March, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-IOO on the 15th day of March, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of March, 1983. ~ ;., ./~~ CITY CLERK OF TH CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS~ City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-IOO duly passed and adopted by the Anaheim City Council on March 15, 1983. ~L~>>.~ CITY CLERK - ,..=-"'~.--,-~.~.>.~" .....