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59R-5418 RESOLUTION NO. 5418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEn1 l<'INDING AIm DETERNINING THAT A CHANGE OF ZONE IS NECESSARY IN CERTAIN AREAS OF THE CITY, AND THAT ARTICLE IX, CHAPTER 2 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE ~;ENDED TO ACCOMPLISH SAID CHANGE OF ZONEo WHEREAS, the City Planning Commission of the City of Anaheim has heretofore duly passed and adopted a resolution declaring its inten- tion to change the boundaries of the zone or zones hereinafter men- tioned and described and did fix a time and place for the holding of a public hearing thereon in the manner and as prescribed in Article IX, Chapter 2 of the Anaheim Municipal Code. and did duly hold and conduct su~h public hearing to consider said proposed change of zone or zones. and did receive evidence and reports from persons interested therein.~ and wrlEREAS. within a period of forty (40) days following the final hearing thereon, the Planning Commission did duly announce by f'ormal resolution its f'indings of facts and declare its opinions and reasons for recommending an amendment to said Article IX, Chapter 2 of the Anaheim Municipal Code to effect the proposed changes in the b~lndaries of the zone hereinafter mentioned and described; and WHEREAS. upon receipt of the report and recommendation of the. City Planning Commission, the City Council did thereupon fix the 11th day of ~u~u~~ . 19_59 , as the time and the Council Chamber in the i y allC51" the~y of Anaheim as the place for a public hearing upon said proposed change of' zone, and did give notice thereof in the manner and as provided in said Article IX, Chapter 2 of the Anaheim Municipal Code; and wrlEREAS9 at the time and place fixed f'or said public hear= lng, the City Council did duly 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 con- SIder the recommendations of the City Planning Commission; and WHEREAS, the City Council does find and determine that the property and area proposed to be changed f'rom the zone in which it is now situated to a different zone, as hereinafter set forth, is more suitable ror the zone or zones to which it is proposed to change said property and area and that the inclusion of said property and area in such new zone or zones will increase the value of said property and area and will not depreciate the values of property in adjoining zones. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Anaheim that all of the property and area situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: A portion of Lot 28 of Anaheim Extension, as shown on a map made by Wm. Hamel and filed for record in the Recorder's Office of Los Angeles County, California, December 11, 1868, more particularly described as follows: Beginning at the Southeast corner of said Lot 28 and run- ning from said point of beginning South 890 J+6' 3011 West along the South line of said Lot 28, 311.96 feet to the ~l= F-58-59-l2l .....,..._-,_....."...,""',..""''''' intersection of said South line with the center line of Harbor Boulevard as said Boulevard was surveyed and improved in 1930; thence North 110 07' 30" East along said center line, 46h.57 feet to the beginning of a curve havinq a radius of 1000.00 feet and con- cave to the Westi thence North 110 07' 30" East along the tangent of said curve, 151.19 feet to the North- erly line of that certain 10.29 acre parcel of land described in deed recorded August 20, 1914 in Book 258, Page 332 of Deeds; thence North 740 181 15" East along said Northerly line, 17.29 feet to the Easterly line of said Lot 28; thence South 150 46' 50" East along said Easterly line, 632.77 feet to the point of beginning. EXCEPTING THEREfROM that portion of said Lot 28 of Anaheim Extension described as follows: Beginning at the Southeast corner of Lot 28, Anaheim Extension, as shown on a map made by Wm. Hamel filed in the Recorder's Office of Los Angeles County, California, December 11, 1868, said Corner being the intersection of the North line of Ball Road with the West line of Palm Street; running from said point of beginning South 890 46' 30" West 311.96 feet along the Southerly line of said Lot 28 to its intersection with the center line of Harbor Boulevard conveyed to the County of Orange; thence North 110 07' 30" East l58.h8 feet along the said center line of Harbor Boulevard; thence North 890 46' 30" East 237.52 feet along the line parallel to the said Southerly line of Lot 28 to a point in the Easterly line of said Lot 28, said Easterly line being the West line of Palm Street; thence South 150 46' 50" East 161.29 feet along the said Easterly line of Lot 28 to the point of beginning, containing 0.980 acres. be changed from C-2, GENERAL COMMERCIAL ZONE to C-3, HEAVY COMMERCIAL ZONE, upon the following conditions: 1. That sidewalks be installed along Harbor Boulevard as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 2. That any building erected on subject property shall not be constructed within a minimum of 61 feet from the center line of Harbor Boulevard. 3. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot on Harbor Boulevard for street lighting purposes. 4. That the owner of subject property place of record standard City of Anaheim C-3 Deed Restrictions, approved by the City Attorney, which restrictions shall limit the C-3 uses of the property to boat and outboard motor sales and services, or any C-2 use. 5. That all of the above conditions, with the exception of Condition No.2, shall be complied with within -2- "'.,.;"''".,."''----.,~-....-".---.,' ,...."..~".,;..,...""'...."'....,__,___^_'..,L'_'>.__...,~_..~",""'"_."."c." a period of 90 days from date hereof, or such further time as the City Council may grant. 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 amendment to Article IX, Chapter 2 of the Anaheim Municipal Code to amend said Anaheim Municipal Code to accomplish the object herein found and determined to be neces- sary and proper. THE FOREGOING RESOLUTION is approved and signed by me this 11th day of August, 1959. ATTEST: ~ -- . ~... / )-X-,) ,;. , LERK OF ~~ -O~EIM STATE OF CALIFORNIA COUNTY OF ORANGE SSe CITY OF ANAHEIM I, DENE M. WILLI~IS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 11th day of August, 1959, by the following vote of the members thereof: AYES: COUNCILMEN: Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: Borden. ABSENT: COUNCIL~ffiN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 11th day of August, 1959. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of August, 1959. ... ~~~ ~~ inl'~HEIM (SEAL) -3- -""""""'-"""~"-"--' ._-.._~,'-.-.._. """"-"'--~'''''-----'--''-'-''''''''''''--,----