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72R-527 RESOLUTION NO. 72R-527 ,,- 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 BOUND- ARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Pro- ceedings No. 71-72-53 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 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 10th day of October, 1972, and continued to the 14th day of November, 1972, as the time, and the City Council Chambers 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 incorpora- tion thereof in the zone or zones hereinafter set forth, and did give notice thereof in the manner and form 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 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 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- 71-72-53 .- Parcell: That portion of the first class land allotted to F. Yorba, according to a Map attached to and made a part of the Decree of Partition of the Rancho Canon de Santa Ana, rendered in Case No. 1978 of the 17th Judicial District Court of Los Angeles County, California, a certified copy of which is recorded in Book 28, page 158 of Deeds of said Los Angeles County, located in the County of Orange, State of California, described as follows: Beginning at the Northeast corner of the said first class land allotted to Teodocio Yorba, as shown on said Map filed in Case No. 1978; thence Northeasterly 782.05 feet along the Northerly line of said first class land of F. Yorba to the boundary line established by that certain agreement between A. J. Koch and wife, and Laurie Vejar, and others, recorded December 21, 1923 in Book 502, page 212 of Deeds, of said Orange County, said boundary line being designated by a 3" x 4" stake mark- ing the Northwesterly corner of the land labeled "Ramona de la Guerre" on a map filed in Book 1, page 27 of Record of Surveys, in the office of the County Recorder of said Orange County; thence South 30 54' West 1254.24 feet along an old fence line, through an old 3" x 4" stake marked in monogram HCK, to the Easterly prolongation of the South line of the land described in the deed to A. J. Koch, recorded April 20, 1910 in Book 171, page 170 of Deeds of said Orange County; thence Westerly along said prolongation and the South line of said Koch land to the Southwesterly corner thereof; thence Northwesterly 1033.56 feet along the Westerly line of said Koch land to the point of beginning. Except that portion thereof described as follows: Beginning at the Northeast corner of the said first class land allotted to Teodocio Yorba; thence North 770 49' East 48.25 feet; thence South 20 OS' East 303.9 feet; thence North 770 58' West 31.25 feet; thence North 50 30' West to the point of beginning. Also except that portion thereof described as follows: Beginning at a point 48.25 feet North 770 49' East of a point which is 303.9 feet South 20 05' East of the North- east corner of the said first class land allotted to Teodocio Yorba; thence South 20 05' East 225.1 feet; thence North 780 33' West 17.25 feet; thence North 50 30' West 229.09 feet; thence Easterly 31.25 feet to the point of beginning. ,- Also except that portion thereof described as follows: -2- ",,- Beginning at a point on the Northerly line of the land described in the deed to A. J. Koch, recorded April 20, 1910 in Book 171, page 170 of Deeds, North 770 39' East 48.25 feet from the Northeast corner of said Teodocio Yorba's first class land (said corner marked by a 2" x 4" stake); thence North 770 39' East 733.80 feet to the boundary line established by that certain agreement between A. J. Koch and wife, and Laurie Vejar and others, recorded December 21, 1923 in Book 502, page 212 of Deeds of said Orange County, said boundary being designated by a 3" x 4" stake marking the Northwesterly corner of the land labeled "Ramona de la Guerre" on a map filed in Book 1, page 27 of Record of Surveys, in the office of the County Recorder of said Orange County; thence along an old fence line South 30 54' West 477.8 feet, more or less, to the Easterly prolongation of the Southerly line of the land described in the deed to Ida L. M. Bubach, recorded March 14, 1917 in Book 291, page 45 of Deeds of said Orange County; thence North 840 29' 30" West along the said Easterly prolongation and the Southerly line of the said Bubach land, to the Easterly line of the land described in deed to William DeBerry, recorded September 1, 1914 in Book 254, page 175 of Deeds of said Orange County; thence North 20 05' West 255.02 feet along the East line of said DeBerry land to the point of beginning. Also except that portion thereof described as follows: Beginning at a point 520.7 feet South 50 30' East of the Northeast corner of the said tract of first class land set apart to Teodocio Yorba; thence South 780 30' East 17.25 feet; thence South 20 5' East 277.40 feet; thence North 50 30' West 282 feet to the point of begin- ning. Also except that portion included in the land described in the deed to the County of Orange recorded October 15, 1970 in book 9431, page 849 of Official Records. Parcel 2: That portion of Lot 8 in Block 35 of the Yorba Linda Tract, as shown on a Map recorded in book 5, pages 17 and 18 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at a point 802.7 feet South 50 30' East from the Northeast corner of the tract of first-class land set apart to Trinidad Yorba by decree of partition in the Rancho Canon de Santa Ana, filed in Case No. 1978, of the District Court of the 17th Judicial District of the State of California, in and for the County of Los Angeles, and running thence South 20 05' East 230.84 feet; thence South 840 25' East 14 feet; thence North 50 30' West 233.14 feet to the point of beginning. ..,.,.~ Except that portion included in the land described in the deed to the County of Orange, recorded October 15, 1970 in book 9431, page 849 of Official Records. -3- ,.-- be excluded from COUNTY OF ORANGE A-l, AGRICULTURAL ZONE and incorporated in CITY OF ANAHEIM RS-5000, ONE-FAMILY ZONE, subject to the following conditions: 1. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 2. That the owners 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. 3. That these reclassification proceedings are granted subject to completion of annexation of subject property to the City of Anaheim. 4. That the developer shall submit house, floor plans and elevations to the Planning commission and City Council for review and approval, as stipulated to by the developer. 5. Prior to the introduction of an ordinance rezoning subject property, Conditions Nos. land 4, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the 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 ordinance amending Title 18 of the Anaheim Municipal Code to accomplish the objects herein found and- determined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me 14th day of November , 1972 . this '-" ,.......-~ -4- FAL:kw STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 55 . CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 72R-527 was passed and adopted at a regular meeting of the City Council held on the 14th day of November , 1972 , by the following vote of the members thereof: - -- AYES: COUNCILMEN: Sneegas, Stephenson, Pebley and Thom NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 14th day of November , 19 --12-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of ~yeJlber , 1971-. ~~b'~' ANAHEIM (S~AL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 72R-527 duly passed and adopted by the Anaheim City Council on November 14, 1972. LL Pr f)~ City Clerk -