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59R-5095 - ,""--" RESOLUTION NO. 5095 A RESOLUTION OF THE CITY ODUlICIL OF THE CITY OF ANAHEIM .AME~IDING BESOLUTION NO. 504) IN BECLASSIFICATION IrO. F-58-59-5l RELA.TING TO A CH.A:NGE OF ZOlfil IN A CERTAIN .AR::lA OF TEE CITY. WHEREAS, the City Council of the City of Anaheim did. heretofore, to wit, on the 17th day of February, 1958, adopt Resolution No. 504) in re- classification proceedings No. F-58-59-51, upon application from Anaheim De- velopment Company and Richard S. Heald for a change of zone of certain real property described in said application; and WHEREAS, the agent for Anaheim Development Company, one of the applicants for said change of zone, has requested that that portion of the property described. in the application and. in Resolution No. S04) owned by Anaheim Development Company be excluded. from Reclassification No. ~58-59-5l, and. the City Council does find. that said request should be granted and. that the description of the property proposed to be reclassified as contained in said. Resolution No. 504) Should be changed to exclude the property owned by said Anaheim Development Company; and \~, the City Council does further find that Condition No. 2 in Resolution No. 5043 reads as follows: "2. That the owner of subject property place of record. standard City of Anaheim 0-1 Deed Restrictions, ap- proved. by the City Attorney, which restrictions Shall limit the 0-1 uses of the property to those uses al- lowed in the 07, BUSINESS AND PROFESSIONAL OFFICE ZOUES, excluding restaurants, as proposed. in the new comprehensive zoning ordinance now under considera- tion for adoption, an(l shall limit all buildings erec- ted on the property to one sto~r in height." .tND WHEREAS, upon further consideration the City Council finds that Cond.ition No.2 in said Resolution No. 5043 should. be amended to read as follows: "2. That the owner of su'bject property place of record stand.ard. City of Anaheim 0-1 Deed Restrictions, ap- proved by the City Attorney, which restrictions shall limit the 0-1 uses of the property to Banks, Business Offices, Medical and Dental Offices, Pharmacies, Pro-- fessione1 Offices, Non-Retail Service Businesses, and any uses, except Restaurants, which may hereafter be authorized and permitted under future zoning of the City of Anaheim in the proposed 0-7, Business and. Pro- fessional Office Zones. tf AND WEEREAS, the City Council finds that an ordinance has never been adopted directing said change of zone and completing sa.id proceedings; lIDW, THEREFORE, BE IT P~SOLVED by the City Council of the City of Anaheim that Resolution No. 504), adopted February 17, 1959, be amended as follows: 1. That the description of the real property mentioned in said resolution be correoted to read as follows: ",.....,. "All of the property and area situated in the City of A.~eim, County of Orange, State of California, described as follows, to wit: "The westerly 165 feet of all that portion lying northerly of the northeasterly line of the land described as Parcel 5 in the Lis Pendens, in the City of Anaheim, County of Orange, State of California, -1- F-58-59-51 ....... recorded. November 10, 1942 in book l170, page l40 of Official Records, described as follows: ---'" Beginning at a point 606.95 feet east of the south- west corner of the Southeast quarter of the South- west quarter of Section 9, TownShip 4 South, Range 10 West, S.B.B. & M.l thence north, parallel to the west line of said Southeast quarter of the Southwest quarter, 823.48 feet to the south line of the "Anaheim Homestead Tract", as shown on a map recorded in book 26 page 10 of Miscellaneous Records of Los Angeles County, California; thence east along said south line 393.18 feet; thence south 821.59 feet to the south line of said Section 9 and thence west 393.7 feet to the point of beginning, together with 8 feet parallel and ad- joining the east side. EXCEPTING therefrom the following: Commencing at the southwest corner of said Southeast quarter; thence north 890 l4t 25" east, 606.95 feet; thence north 00 44' 50" west, 661.64 feet along a line parallel wi th the west line of said Southeast quarter to the point of intersection with the northeasterly line of land described as Parcel 5 in the Lis Pendens, recor- ded in book 1170 page 140 of Official Records, said point of intersection being the true point of beginning; thence continuing North 00 44' 50" west, 46.32 feet to a curve, concave southwesterly, and having a radius of 3528.00 feet; thence southeasterly, from a tangent whiCh bears south 730 40' 51" east along said curve, through an angle of 20 27' 12", an arc distance of l5l.07 feet to a point of tangency thereof with a curve, concave southwesterly, having a radius of 2028.00 feet through an angle of 70 55' 36", an arc d.istance of 280.57 feet to a point in the easterly line of land described as Parcel 2 in Deed to Randolph C. McKinley and wife, re- corded March 7, 1946 in book l37~, page 584, of Official Records, distant thereon north 0 43' l8" west, 77.70 feet from said northeasterly line of the land described as Parcel 5 ip. the Li s pend.ens; thence along said easterly line, south 06 43' 18" east, 77.70 feet to said north- easterly line; thence along said northeasterly line, northwesterly along a curve, concave southwesterly and having a radius of 2500.00 feet, through an angle of 100 10' 40", an arc distance of 444.09 feet to said true point of beginning. 2. That Condition No. 2 in said resolution be amended to read as follows: "That the owner of subject property place of record standard City of Anaheim 0-1 Deed Restrictions, approved by the City Attorney, which restrictions shall limit the 0-1 uses of the property to Banks, Business Offices, Medi- cal and Dental Offices, Pharmacies, Professional Offices, Non-Retail Service Businesses, and any uses, except Res- taurants. which may hereafter be authorized and permitted under future zoning of the City of Anaheim in the proposed 0-7, Business and Professional Office Zone." "r-- BE IT FURTHER RESOLVED that in all other respects said Resolution No. 5043 be and remain in full force and effect. -2- - - BE IT FURTHER P~SOLVED that the City Attorney be, and he is hereby authorized and directed to prepare and submit to the Oity Council an amend.- ment to Article IX, Chapter 2 of the Anaheim Municipal Code to amend said Anaheim Municipal Cod.e to accom~lish the object herein found and determined to be necessary and proper. .;-- THE FOREGOING RESOLUTION is day of MarCh. 1959. signed and. approved by me this 17th r1.fe' B~ ~ CITY OF .AN.AB:EIM z;: /. 7%.7h/~e".:e .~~/ CI'n' CLERK OF mE CITY OF ANAmlIM STAn OF CALIFORNIA COtm'fY OF ORANGE CITY OF AlUHEIM ) ) ) ss. I. DENE M. WILLIAMS, CITY CLERK of the Oity of Anaheim, do hereby certify that the foregoing resolution was introduced. and. adopted. at an, adjourned regular meeting provided by law of the City Council of the City of Anaheim, held on the 17th day of March. 1959. by the following vote: NOES: OOUNOILMEN: Borden, Coons, Fry, Pearson and Schutte. OOUNCILMEN: None. AYES: ABSENT: COUNCILMEN: None. AND I FORTHlllR CERTIFY that the M~or of the City of Anaheim approved and signed said resolution on the 17th day of March, 1959. IN llITNESS WBEBEOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this l7th day of March, 1959. /", --, c:r-:--- ~/~ -kr, a/~- ~.?..- CITY CLEP.K OF m CITY OF .ANAHEIM ( SEAL) -, r ~, -3-