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56R-3211 ..~ RESOLUTION ~ro. ~211 A RESOLUTION OF THE CITY COUNCIL OF THE CrTY OF AlJAHEUl FINDING AND DETERMINING THAT PUBLIC CON- VENIR~CE AND NECESSITY REQUIRE THE CONSTRUCTION AIID COMPLETION OF A PUBLIC IMPROVn1ENT, TO WIT: THE DIPROVEl>fENT OF WIT ,HF.LMINA STREF:T. FROM THF. UNION PACTFTC RA T1 ,ROAn RTli-HT-OF_WAY '1'0 'I'HF. FTRST AT.T.F.Y WF.R'T' OF m,F.~N'T'TNF. R'T''RF.F.'T', P'Rn.TF.0.'T' no. '12; AlilJAPPROVING TIn.; DES[ GNS, PLANS, PROFILES, DRAW- INGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCOP~ANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECT- ING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. WHEREAS, public oonvenienoe and neoessity require the construction and oompletion of a public improvement in the City of Anaheim, to wi t : The improvement of Wilhelmina Street, from the Union Pacific Railroad right-of-way to the first alley west of Clementine Street, by excavation, paving lJith 4-inch plant-mix, adjusting existing manholes to grade, 8.nd. anpurtenant vlOrk as in- dioated. on the plans, Project No. 52. AND WHEREAS, the City Counoil instructed ~~e E. i~lvoke. Ci~ En~ineen to prepare detailealCresigns, pans, profi es, draw ngs and specifioations, and estimates of quantities and costs~ and make necessary surveys for the construc- tion of said public improvement; and WHEREAS, said City En~lneer has prepared said detailed designs, plans, prOfiles, drawings and speoifications for the oon- struction of said public improvement and has submitted the same to the City Counc ill and WHEREAS, the City Counoil finds that the detailed de- signs, plans, profiles, drawings and speoifications for said public improvement above mentioned are in accordanoe with good engineering practioe and are adequate to serve the needs and requirements of the City of Anaheim and the oitizens and residents in said area for th e purpose s for which they are intended, and that they are ade- quate for the construction of said public improvement and should be approved. -~-- NOW, THEREFORE, BE IT RESOLVED by the City Counoil of the City of Anaheim that the detailed designs, plans, profiles, draw- ings and specifications for said public improvement hereinabove mentioned and described be, and the same are hereby, approved and adopted as prepared by said City Enl?ineer . AND BE IT FURTHER RESOLVED that said publio improvement shall be oonstruoted in accordanoe with said detailed designs, plans, profiles, drawings and speoifications as prepared by said c~v r:ni'~eer and hereby approved, and suoh addenda or mo if oat ons thereto as may be approved prior to the awarding of bi ds th er efor. -1- BE IT FURTHER RESOLVED that the City Clerk of the City of Anaheim be, and she is hereby, authorized and direoted to pUblish a notioe aooording to law, inviting sealed proposals for the furnishing of all plant, labor, servioes, materials and equip- ment, ~~d all utilities and transportation, including power, fuel -- and water, and performing all work necessary to oonstruct and oom- plete iD a good and workmanlike manner, in stl"lot acoordance with said detailed designs, plans, profiles, drawings and speoifica- tions as prepared by said ~y En~ineer , the publio improve- ment hereinabeve mentioned-~na desoribed, and,fixing the 24th day of _Jl?~il , 195L, at the hour of 7:00 o'olook P.M. as the c'.ate",] hour for the o~ening of said bids at the City Council Cr.;-'3'n~v;s in the City Hall in the City of Anaheim, and that said Y':<:e shall be publiShed twice, the first of whioh publicati0T:s :.'1.1'.11 be at least ten (10) days prior to the date fixed for the:;~8;::->g of bids, and that sa~d publications shall be at least f:, 'iG (:1 days apart. AND BE Iri' FURTHER R:8S0LVED that the suoce ssful bidder or bidders ,c,-c ~.l b.', required to enter into a contract wi th the CUy of Ane"H<',lY; L.l the manner and form approved by the City Actor']0~T of rLe C:c~~: of Anaheim for the oonstruotion, installa- tlCrJ and C'omnletion of said public improvement hereinabove men- tiCIl€d anc, doscribed; in acoordance with the Elane and speolfica- t:Lc:rs preparer1. by Efdd Oity Engineer , the notice inviting sC',.l.ed p::>op'Jsale, thIs resolution and all applioable City Ondinances or Code Sections ~nd the laws of the State of Cali- fJn,ia, and sLall be required to post bonds al;ld insurance in the ar~ounts 9.!'d wi thin the time required by law, as specified in the nut ice inviting sealed proposals, and in a form approve d by th e City Attorney. THE FOREGOING RESOLUTION was approved and sign ed by me this . lOth day of April , 1 95-2-e A~ST:... . ../ .. ~-) '-- Cj.-- , ~ ;J( '~. L rQLER1\ 'olii -ANAHEIM. :;// I . _' ": . ./~ '../~/fi. ~':.../ "'/'" ~ .:. .' 'r~7~ . ~ CIT~ ANAHE1M. ,"'~ -2- STATE OF CALIFORNIA ) conn OF ORAIGE ) ss CITY 8Ft AlAHBIM ) ~ I, DBNE M. WILLIAMS, City Clerk of the City of An....im, cio hereby certify that the foregOing resolution was ad~ upon a final reading at .' regular meeting of the City Co..eil fit Ul. City of Anaheim, held OIl the 10th day of April 1956., by the followiag vote of the me..bers thereof: AYES: COUNCILMEN: Pearson, Wisser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Fry" flDd Schutte. AND I FURTflER CEItTIFY that the Mayor of the City of Aaaheim apprGyed and siped said Resolution on the 10th day of April, 1956. IN WITlIESS WHEREOF, I have herelUlto set .,. ha.el and affixed the seal of the ""City of Anaheta this 10th day of April, 1956. .{ .. 'r d{~Y~CLB~1iF ~B~c1W '&F1'iWm1M. (SEAL) --.. be changeci from R-l, SINGL:c.; FMiILY RESIDENTIAL ZONE to R-J, 1<IULTlPLE FAhILY RESlDE:lJTIAL ZONE subject to the following oon- ditions anci restrictions: - 1. 'I'h,c,t all dv.rellings locG.teci on Lots 13 to 22, inclusive, shall be limited to one-story dwellings. 2. That the words "tract" and "subdivision" as used herein shal1 include all of the land described herein. 3. That all lots in the tract shall be ImovlD and described. as resiciential lots and shall be used for no other purpose. 4 That no buildinE: shall be locateci nearer than 20 feet to the front lot line or nearer than 15 feet to the side street line. In any event, no building shall be located on any residentiel buHding plot nearer than 20 feet to the front lot line nor 5 feet to any side lot line. 5. That no resicieiltial structure shall be erected or plcwed on any buildin~: plot, which plot has a. width of less than 60 feet at the front building setback line. o. That no noxious or offensive trade or activity shall be c[,rried. on UDon any lot nor shall anything be done there- on \vh:~ch may be or become an annoyance or nuisa.nce to the neighborhood. 7. That no trailer, basement, tent, shack, garage, barn, or other out-building erected in the tract shall at any time Oe used. as a residence temporarily or permanently, nor shall any structure of a temporary character be used as D residence. 8. That no dwelling shall be erected on any lot in the tract unless it has at least 1000 souare feet of actual living space excluding porches and steps. 9. That no 6.ividinp: or bound.Hry fence, wall or hedge row 10ca"Wed unen a build.tnp site shall exceed in height the regulations set by the governing agencies of the City of Anaheim. 10. 1,0 wall, fence, hedge or hedge row whatsoever shall be erected or maintained within the street set back areR of any bui16in~ site as to any street without the written ~~n')rovDl of the Architectural Committee. ll. That no fence or hedge exceeding :3 feet in height shall be erected or oermitted between street and front setback Line. .~- 12. That there shalJ be nO,)oultry, rabbits, cows, sheep, n02S or en" other stock or animals raised in said traot ex~e,)t tnHt the owners of lots may have ordinary house- nold nets. 1'.0 s;uch Detf shall be raised or l\:ept for Imsiness or commercial use, but only as nets in the orciinary and usual nanner. 13. That no bu~ldinF shall be erected, olaced or altered on Rny buildin plot until the buil&ing plans, specifications, andjlot 1jlan showing the location of such builc.lng have been clr)Jroved in wrj t ing as to conformity and harmony of " -L- external d.esign ltJi tL exiGting structures on said land and as to loc.stion of' the buEding with respect to topography <- And f''Ln2.Ghed< Is-round elevation, by a committee composed of c. W. Hester, C. G. Ward, G. D. Buccola, or by a repre- sentetive designs.ted by a majority of the members of seid. committee, the rem8ining member, or members, shalT have full authority to aD~rOV8 or disapprove such design and. ~ocation or to ceslgnate a representative with like cuthority. In the event said. committee, or its d.esignat- ed renresentatives, fails to approve or disapprove suoh c'ces i[~'n nnd locetion ,vi thin 30 days after said. plans and speclficaticJtlc have Deel! submitted. to it or, in any event, if no suit to enjuin i~i~,.= ep8ct 'c,on of such building or the Iiley~in of sncrt cLLtera.tiY'lS has been commenced prior to t,;:--L8 cO;LnletL;11 trwreof, s',\Ch al))roval ~Till not be required ".nc. thici Covenant 1 be deemed to have been complied 1,vit.:1. NeitheI' 'the ,nember'f, of such committee, nor its c.e8i::'nated renl'esentat1ve shRll be entitled to any com- oensation for servicer ~8rformcd aursuant to this covenant. Tne.JO\"ierc: CJlci ciuties of' 8ucl1 committee, and of its desie:- il&teci re.ore,;e;1~at5.ve, sl:r:_:.l cense on cJnd after January 1st, 0.965. ThercBfter, the apnroval c:iescribed in this c,Jvenant sneL.l. not be reouired unless, Drior to said date and effective thereon, a written instrument shall be exccutcCl a:. tne tile;} l'ecord. Oi'lnerS of a majority of the l.ots [nei :iuly recordecl CiToointlng a representative, or renresentat~ve8, who s11al1 thel~eE:i:'ter exercise the same Do.rers oreviously exerc1f'ed by sald cormnittee. L'+. Tnat 't118se covenan"ts [l~e to rU.n with the land and shall be bindin'7 un 21'- oartiCE! and all persons claiming uno.er tllem until .June 1st, 1985, at i,hich time said covene.nts Bhf'1l '(Je al.toliwt tcal Ly extended for successive perioQs of 10 years unle,:;", by vote of h major! ty of the then owneI'Sof the lots it is a27reeci to change said covenants 'en whole or 1n Dart. 15. That if tIle Jarties nereta, or arw of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein it shRl be lawful for any other person or Dersons 0wning any real pronerty situated in said de- velonment O~ subdivision to prosecute any proceedings at ".3W or in eCluity aga.'enst the person or persons violating or Ectter:l~)tirF' to violDte any such covenant and either to ")'['event hir" ell' theo from 20 doing or to recover dama(";es or other Ques ~or such violation. 10. ~:le.t invali'Ftion or p.~~y one of these covenants by ju<ig- ~ent or court oruel' H i in no wise affect any of the other orovislons which shall remain in full force and effect. ,,........,., 17. That a breach of any of the covenants, restrictions or c'elndi tio!ls ('llall not ren(jer invalid the lien or charge of ar1:' mortn'c1Fe or de6G. of' trUE t made in good faith and for vfcLle on Eric_ lot~ or -or01Jerty or any portion there- of, b~t said covenants, restrictions and conditions shall I.:;e bindin" u.)on i'.!lCJ effect<'.ve egal.Dst any o.mer of se..id lanci T;'\rllOS8 "t.ltle is [l_cQuired -o;y tIle fOl")eclosure of an;! 1 Len or mort';Di~e thereon or sale und.er any deed of trllst Given to secure the)8'.rrcent of money. -.3- ,,~ 18. That no derriek or other structure designed for use in boring, ruining or Quarrying for water, oil or natural ["88 or D:::>ecious minerals shall ever be erected, main- tained or permitted unon any lot in said Tract. i'1. Tn.s.t :lOthinr; he:::>ein contc-i.ined shall prevent said prop- erty, or the builciinn;s erected or maintained thereon, :J.'rom be ini~ used. fOl~ ,> purpos e which shall comply ~ri th any future zoning ."hich .nay be placed in effect upon said. nroperty by the City of Anaheim, subJect, however, to the Drovisions 01' Clause 2 of this Declaration of ReEtrictions, an(\ an,? other nrovisions which may be aJ'Jlicable thereto anc. which are not contrary to the intent of this nrovision. 20. ThRt said change of 70ne shall not become effective un- less, within sixty (60) days, or such further time as the Council may ,'rant, the restrictions herein required to be imposed. w)(~n the property shall l1ave been executed by the owners of the prooerty, submitted to the City for e.porov&l and filea of record. BE IT l"UH'rHER RE SOL V'.ci;D 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 Munici8al Code to amend said Anahe.Lm l.funiciual Code to accomplish the object herein found and determined to be necessary and proger. I'HE FOREG()EiG RESOLU'!'ION is signed and approved by me this lOtli. Clay of _!E.ril _____, 19~. ..'~;;~ ~-- ~ MAYOR OF THE CITY OF ANAHEIM. ATTEST: ,-tt L-~<--,- /)/. ~.:-<.~VA....Z H'-'iT '"'- CITY CLERK OF THE CITY OF ANAHEIM. ,.-.. -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF ANAHEIM ) -,"""" I, DENE 1-1. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was adopted upon a final_ reading at a regular meeting of the City Council of the City of Anaheim, held on the loth day of April, 1956, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Wisser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Fry and Schutte. AND I FURTf[gR CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the loth day of April, 1956. IN WITNESS WHEREOF, I have hereunto set 1IW hand and affixed the s~a.l of the City of Anaheim this 10th day of April, 1956. ~ . .. ~....~. . '~cu:'mc~ ~:rHE/~IT ~~ (SEAL) --..