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1975-531RESOLUTION NO. 7 S�31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING MAT TITLE 18 OF THE &NAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUND- ARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in declassification Pro- ceedings No. 75-76-3 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 front persons interested therein and from its staff; and WHEREAS, within a period of forty 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 a recommendation that the proposed amendment be adopted by the City Council and that a certain zone or zones be changed as hereinafter set forth; and WHEREAS, upon receipt of said resolution, summary of evidence, report of findings and recommendation of the City Planning Commission the City Council did fix the 14th day of October , 19 75 , and continued to the day of 1 , as the time, and the City Council Mambers "in the City Hall of the City of Anaheim as the place for a public hearing upon said proposed amendment to Title 18 of the Anaheim Municipal Code, and the exclusion of said property, hereinafter described, from the zone or zones in which it is now situated and the incor- poration thereof in the zone or zones hereinafter set forth, and did give notice thereof in the manner and fora provided in said Title 18 of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did thereupon consider the summary of evidence presented at said public hearing before the Planning Commission, its report of findings and recommendation; and IJHEREAS, 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 or 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 described property, situated in the City of Anaheim, County of Orange, State of California, to wit: -1- 75-76-3 ATTY-18-C (Page I of I page) THAT PORTION OF THE LAND ALLOTTED TO PRUDENCIO YORBA AND TO Me J. Y, DE SCULLY ACCORDING TO A 14AP ATTACHED TO AND MADE A PART OF THE DECREE OF PARTITION OF THE RA2iJCHO CANON DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, RENDERED IN CASE NO. 1978 OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 28 PAGE 158 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, LOCATED IIV THE COUNTY OF ORANGE, STATE OF CALI— FORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID ALLOTMENT, SAID POINT BEING STATION 7 OF SAID PRUDEN— CIO YORBA'S FIRST CLASS LAND; THENCE NORTH 780 00' 00" WEST ALONG THE SOUTHERLY LINE OF SAID ALLOTMENT TO STATION 6; THENCE NORTH 20 45' 00" EAST ALONG THE WEST— ERLY LINE OF SAID ALLOTMENT TO STATION 5; THENCE EAST TO STATION 4, SAID STATION BEING ON THE SOUTHWESTERLY LINE OF THE ADOBE WALL VINEYARD IN SAID RANCHO; THENCE SOUTH 240 45' 00" EAST TO STATION 3; THENCE NORTH 690 45' 00" EAST ALONG THE SOUTHEASTERLY LINE OF SAID ADOBE WALL VINEYARD TO STATION 2; BEING THE MOST EAST— ERLY CORNER OF SAID ADOBE WALL VINEYARD; THENCE EAST ALONG THE NORTHERLY LINE OF SAID ALLOTMENT TO STATION 1; THENCE SOUTH ALONG THE EASTERLY LINE OF SAID ALLOT— MENT TO STATION 9; THENCE SOUTH 860 15' 00" WEST TO STATION 8; THENCE SOUTH 50 00' 00" WEST ALONG THE EAST— ERLY LINE OF SAID ALLOTMENT TO THE NORTHWEST CORNER OF THE LAND ALLOTTED TO MARIA DE JESUS YORBA DE SCULLY IN DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALI— FORNIA, RENDERED IN CASE NO. 1978 OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8f 1874 IN BOOK 28 PAGE 158 OF DEEDS OF LOS ANGELES COUNTY, CALIFORNIA, THENCE SOUTH 790 51' 00" EAST 235.00 FEET; THENCE SOUTH 5° 00' 00" WEST 591.40 FEET TO A 2" X 4" POST FROM WHICH AN OLD 2" X 4" POST MARKING THE NORTHEAST CORNER OF THE RANCHO RIVAS TRACT OF THIRD CLASS LAND IN SAID RANCHO BEARS SOUTH 790 00' 00" EAST 472.44 FEET THENCE NORTH 790 00' 00" WEST 235.61 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL N0, Z 33-142.01 IN A DECREE OF CONDEMNATION ENTERED IN SUPERIOR COURT, ORANGE COUNTY, CASE NO. 166997, A CERTIFIED COPY OF THE LIS PENDENS THEREOF BEING RECORDED ON MAY 20, 1969, AS INSTRUMENT N0, 12927 IN BOOK 8962 PAGE 257 OF OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPT THEREFROM ALL THE LAND INCLUDED WITHIN THE YORBA ANNEXATION N0. 116 PER ORDINANCE NO. 1777 RE— CORDED IN ORANGE COUNTY AUGUST 13, 1964. AND ALSO EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: —2— BEGINNING AT SAID STATION 1; THENCE NORTH 890 10' 15" WEST 19.26 FEET ALONG THE NORTH LINE OF SAID LAND; THENCE SOUTH 250 22' 16" EAST 43.61 FEET TO THE EAST LINE OF SAID LAND; THENCE NORTH 00 49' 45" EAST 39.13 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE SANTA FE RAILROAD RIGHT OF WAYS ALSO EXCEPT THEREFROM THAT PORTION OF THE TRACT OF FIRST AND SECOND CLASS LANDS ALLOTTED TO MARIA JESUS YORBA DE SCULLY, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PAR- TITION OF THE RANCHO CANON DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28 PAGE 58 OF DEEDS, IN THE OFFICE OF THE COUNTY RE- CORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT SECTION 3 OF THE TRACT OF FIRST AND SECOND CLASS LAND ALLOTTED TO MARIA DE JESUS YORBA DE SCULLY IN THE FINAL DECREE OF PARTITION IN CASE NO. 1978, IN THE SEVENTEENTH JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF LOS ANGELES, STATE OF CALI- FORNIA, THENCE SOUTH 890 53' 50" EAST, PARALLEL TO THE NORTH LINE OF SAID ALLOTMENT 69.93 FEET; THENCE SOUTH 170 36' 55" WEST 151.67 FEET TO AN ANGLE POINT IN THE NORTHEAST LINE OF LAND DESCRIBED IN THE DEED TO FRANCISCA L. DE RUIZ RECORDED APRIL 71 1915 IN BOOK 266 PAGE 318 OF DEEDS; THENCE NORTH 790 53' 40" WEST, ALONG THE NORTH LINE OF SAID LAND OF FRANCISCA L. DE RUIZ AND ALONG THE NORTH LINE OF LAND DESCRIBED IN DEED TO J. COLMAN TRAVIS RECORDED AUGUST 12, 1924 IN BOOK 536 PAGE 201, OF DEEDS, 422.91 FEET TO THE NORTHWEST CORNER OF SAID LAND OF J. COLMAN TRAVIS AND TO THE WEST LINE OF SAID ALLOTMENT; THENCE NORTH 4° 59' 35" EAST, ALONG SAID WEST LINE, 46.42 FEET TO STATION 4 OF SAID ALLOTMENT; THENCE NORTH 860 24' 35" EAST, ALONG THE NORTH LINE OF SAID ALLOTMENT, 389.40 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING: BEGINNING AT STATION 3 OF SAID TRACT; THENCE PARALLEL WITH THE NORTH LINE OF SAID ALLOTMENT, SOUTH 890 13' 40" EAST 69.93 FEET; THENCE SOUTH 180 17' 05" WEST 151.67 FEET TO AN ANGLE POINT IN THE NORTHEAST LINE OF LAND DESCRIBED IN DEED TO FRANCISCA L. DE RUIZ RECORDED IN BOOK 266 PAGE 318 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA) THENCE NORTH 790 13' 30" WEST 94.12 FEET; THENCE NORTH 80 31' 09" EAST, 91.91 FEET; THENCE NORTH 57° 10' 07" EAST 67.25 FEET TO ,THE POINT OF BEGINNING, AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JULY 28, 1954 IN BOOK 2778 PAGE 6 3 2, OF OFF IC IAL RECORDS. EXCEPT FROM SAID LAND 1/12TH OF ALL OIL AND MINERAL RIGHTS IN SAID LAND AS RESERVED BY SEVERIANA HERNAN- DEZ IN DEED RECORDED DECEMBER 13, 1926 IN BOOK 684 PAGE 458, OF DEEDS OF SAID COUNTY, 3- ALSO EXCEPT ALL OIL AND CORONADO AND RECORDED MAY RECORDS. PARCEL 2: A LIFE ESTATE IN AND TO 1/2 OF 1/3 OF MINERAL RIGHTS AS RESERVED BY ANTONIO A. TERESA C. CORONADO, HIS WIFE, IN DEED 13, 1938 IN BOOK 937 PAGE 473, OFFICIAL AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF THE TRACT OF FIRST AND SECOND CLASS LANDS ALLOT- TED TO MARIA JESUS YORBA DE SCULLY, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28 PAGE 58 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, LYING WITHIN A STRIP OF LAND 12.00 FEET IN WIDTH, THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO FRANCISCA L. RUIZ, RECORDED APRIL 7, 1915 IN BOOK 266 PAGE 318 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID LAND NORTH 50 00' 25" EAST 591.07 FEET TO THE SOUTHERLY LINE OF PARCEL 1 ABOVE DESCRIBED. EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE 100.00 FOOT STRIP OF LAND, AS CONVEYED TO THE RIVER- SIDE, SANTA ANA AND LOS ANGELES RAILWAY COMPANY BY DEED RECORDED NOVE14BER 19, 1886 IN BOOK 176, PAGE 572 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALI- FORNIA. AND ALSO EXCEPT THAT PORTION OF THE LAND ALLOTTED TO PRUDENCIO YORBA IN DECREE OF PARTITION OF THE RA4CHO CANON DE SANTA ANA IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, RENDERED IN CASE N0, 1978, OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RE- CORDED FEBRUARY 8, 1874 IN BOOK 28 PAGE 158 OF DEEDS OF LOS ANGELES COUNTY, CALIFOPMA, DESCRIBED AS FOLLOWS: BEGINNING AT THE 14ORTHWEST CORNER OF THE 0.5 0 ACRE PARCEL DESCRIBED IN THE DEED TO YORBA IRRIGATION COMPANY RECORDED APRIL 28, 1925, IN BOOK 574 PAGE 345 OF DEEDS OF SAID ORANGE COUNTY; THENCE NORTH 730 34' 00" WEST 34.21 FEET ALONG THE WESTERLY PRO- LONGATION OF THE NORTHERLY LINE OF SAID 0,50 ACRE PARCEL; THENCE SOUTH 1° 22' 05" WEST 472.20 FEET TO THE NORTHERLY LINE OF PLACENTIA YORBA ROAD AS DESCRIBED IN THE DEED RECORDED JANUARY 6, 19161 IN BOOK 280 PAGE 151 OF DEEDS; THENCE SOUTH 78° 10' 20" EAST 305.64 FEET ALONG SAID NORTHERLY LINE TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF THE 1.00 ACRE PARCEL DESCRIBED IN THE DEED TO YORBA IRRIGATION COMPANY RECORDED APRIL 15, 1914 IN BOOK 248 PAGE 135 OF DEEDS; THENCE NORTH 50 00' 00" EAST 440.26 FEET ALONG SAID PROLONGATION AND SAID EAST- -4- ERLY LINE TO THE NORTHEAST CORNER OF SAID 1.0 0 ACRE PARCEL; THENCE 730 34' 00" WEST 305.92 FEET TO THE POINT OF BEGI14NING O SAID LAND IS SHOWN ON A MAP FILED IN BOOK 21 PAGE 271 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, AND ALSO EXCEPTING THOSE PORTIONS OF LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFOR- NIA, AS DESCRIBED IN GRANT DEED RECORDED MARCH 12, 1974, IN BOOK 11093 PAGES 295 AND 296, AND IN GRANT DEED RECORDED FEBRUARY 8, 1974 IN BOOK 11071 PAGES 1948 TO 1951 INCLUSIVE, AND IN GRANT DEED RECORDED FEBRUARY 8, 1974 IN BOOK 11072 PAGES 7 TO 8 INCLU- SIVE, ALL OF OFFICIAL RECORDS OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA. EXCEPTING THEREFROM THOSE PORTIONS OF LAND INCLUDED IN TRACT NO. 8511, BOOK 355 PAGES 37 to 39 INCLU- SIVE AND TRACT NO. 7416 BOOK 311 PAGES 37 TO 42 INCLUSIVE, BOTH OF OFFICIAL RECORDS, COUNTY OF ORANGE, STATE OF CALIFORNIA. be excluded from the "RS -A-431,000" RESIDENTIAL/AGRICULTURAL ZONE and incorporated in the "RM -1200" RESIDENTIAL, MULTIPLE -FAMILY ZONE subject to the following conditions: 1. That the owner (s) of subject property shall deed to the City of Anaheim a strip of land 73 feet in width from the center- line of the street along Orangethorpe Avenue for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Orangethorpe Avenue, including preparation of improvement plans and installation of all improvements such as curbs and gut- ters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and speci- fications on file in the office of the City Engineer; that street lighting facilities along Orangethorpe Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3,o That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Orange- thorpe Avenue for tree planting purposes. 4. That vehicular access rights, except at street and/or alley openings, to Orangethorpe Avenue shall be dedicated to the City of Anaheim. 5. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. -5- 6. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 7. That subject property shall be served by underground utilities. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer, as stipulated to by the petitioner. 90 That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 10. That a six-foot masonry wall shall be constructed along the southerly approximately one-half of the east property line and/or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installa- tion of said six-foot masonry wall. 11. That the setback area along the north and northeast prop- perty lines shall be fully landscaped, as stipulated to by the petitioner. s 12. That completion of these reclassification proceedings is contingent upon the granting of Variance No. 2732. 13. That appropriate water assessment fees, as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 14. That all private streets shall be developed in accord- ance with the City of Anaheim's standards for private streets. 15. Prior to the introduction of an ordinance rezoning subject property, Condition Nos, 1, 2, 3 and 4, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Coun- cil unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 16. That Condition Nos. 5, 7, 8, 10, 13, and 14, above!- mentioned, bove-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Attorney be, and he is hereby, authorized and directed to prepare and submit to the City Council an ordinance amending Title 18 of the Anaheim Municipal Code to accomplish the objects herein found and deter- mined to be necessary and proper. THE FOREGOING RESOLUTION is appro ed and signed y me this 14th day of October, 1975. �- MAYM OF THE CIT OF ANAHEIM ATTEST: CITY CLERK OF THE ACITY OF ANAHEIM _6 - FAL JR.: fm STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R-531 was intro- duced and adopted at a regular meeting provided by law, of•the City Council of the City of Anaheim held on the 14th day of October, 1975, by the following vote of the members thereof: ° AYES: COUNCIL MEMBERS: Seymour, Pebley and Sneegas NOES: COUNCIL MEMBERS: Kaywood and Thom ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R-531 on the 14th day of October, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of October, 1975. CITY CLERK OF THE CI OF ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 75R-531 duly passed and adopted by the Anaheim City Council on October 14, 1975. City Clerk -