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1974-151WHEREAS, after a request for variance by ADOLPH J. SCHUTTE and ELIZABETH ANDERSON, Owners, and NELSON DEVELOPMENT, INC., Agent, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice as a result of which Variance No. 2581 was denied cover- ing the following described property: PARCEL 1: RESOLUTION NO. 74R -151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2581. The East half of the East half of the Northeast quarter of the Northwest quarter and Northwest quarter of the North- east quarter of fractional Section 24, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map recorded in book 51, page 10 of Miscel- laneous Maps, records of Orange County, California. Excepting therefrom that portion described in that certain final order of condemnation recorded March 28, 1966 in book 7882, page 519 of Official Records, of said Orange County. Also excepting therefrom that portion thereof lying North- westerly of the Southeasterly line of the land described in deed to the County of Orange, recorded January 11, 1973 in book 10510, page 104 of said Official Records. Also excepting therefrom that portion thereof described as Parcel 1 in that certain lease between Adolph J. Schutte and Standard Oil Company of California, recorded July 17, 1972 in book 10226, page 966 of said Official Records. PARCEL 2: Portion 1: An easement for ingress and egress over the following described parcel of land: Area A: That portion of the Northwest quarter of the North- east quarter of Section 24, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, County of Orange, State of California, as per map recorded in Book 51, page 10 of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of said Northwest quarter, said corner being the point of intersection of the center- line of Ball Road with the centerline of Sunkist Street, as shown on a map filed in Book 83, page 31 of Record of Surveys, in the office of the County Recorder of said County; thence South 1° 04' 21" West along the Westerly line of said Northwest quarter, being coincident with said centerline of Sunkist Street, a distance of 95.00 feet thence South 88° 55' 39 East 57.00 feet; thence North 44° 04' 05° East 54.94 feet to a point in a line that is paral- lel with and distant Southerly 55.00 feet, measured at right 1 angles, from the Northerly line of said Northwest quarter, said Northerly line being coincident with said centerline of Ball Road; thence South 89° 02' 32" East parallel with said centerline of Ball Road, 65.00 feet; thence South 79° 57' 09' East 7.77 feet to the TRUE POINT OF BEGINNING; thence continuing South 79° 57' 09`° East 25.00 feet to a point in a line that is parallel with and distant Easterly 191.83 feet, measured along said centerline of Ball Road, from said centerline of Sunkist Street; thence South 1° 04' 21" West parallel with said Sunkist Street 50.00 feet; thence North 23° 32' 32 West 59.29 feet to the TRUE POINT OF BEGINNING. Portion 2: An easement for ingress and egress over the following described parcel of land: Area B: That portion of the Northwest quarter of the North- east quarter of Section 24, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, County of Orange, State of California, as per map recorded in Book 51, page 10 of Miscellaneous iiaps, in the office of the County Re- corder of said County, described as follows: Beginning at the point of intersection of a line that is parallel with and distant Easterly 95.00 feet, measured along a line that is parallel with the Northerly line of said Northwest quarter, said Northerly line being coinci- dent with the centerline of Ball Road, from the Westerly line of said Northwest quarter, said Westerly line being coincident with the centerline of Sunkist Street with a line that is parallel with and distant Southerly 202.83 feet, measured along a line parallel with said centerline of Sunkist Street, from the centerline of Bali Road; thence North 89° 02' 32" West parallel with said centerline of Ball Road a distance of 50.00 feet to a point in a line that is parallel with and distant Easterly 45.00 feet, measured at right angles, from said centerline of Sunkist Street; thence North 1° 04' 21" East parallel with said centerline of Sunkist Street 25.00 feet; thence South 62° 27' 15° East 55.86 feet to the Point of Beginning. Portion 3: That portion of the Northwest quarter of the Northeast quarter of Fractional Section 24, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on map recorded in Book 51, page 7 of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Commencing at the Northwest corner of said Northeast quar- ter; thence along the Westerly line of said Northeast quarter South 1° 04' 21" West, 95.00 feet to the Westerly terminus of that certain course described as having a bearing and distance of South 88° 55' 39" East, 57.00 feet, in Parcel 1 of Final Order of Condemnation (A6298) filed in Superior Court Case No. 117385, a certified copy of said final order being recorded in Book 7882, page 519 of Official Records, in said office; thence along said course South 88° 55' 39" East, 45.00 feet to the intersec- tion thereof with a line parallel with and distant Easterly 45.00 feet, measured at right angles from said Westerly line, said intersection being the TRUE POINT OF BEGINNING of this description; thence along said parallel line North 1° 04' 21" East, 17.14 feet to a tangent curve concave Southeasterly and having a radius of 25.00 feet; thence Northeasterly along said curve through an angle of 89° 53' 07 an arc distance of 39.22 feet to a line parallel with and distant Southerly 53.00 feet, measured at right angles from the Northerly line of said Section; thence along last said parallel line, South 89° 02' 32" East, 199.52 feet; thence South 0° 57' 28" West, 10.00 feet to the Easterly terminus of that course described as having a bearing and distance of South 89° 02' 32" East, 60.00 feet, in the Southerly boundary of said Parcel 1, thence along last said course North 89° 02' 32" West, 60.00 feet to the West- erly terminus thereof; thence along said Southerly boundary North 79° 57' 09" West, 50.64 feet, North 89° 02' 32" West, 65.00 feet, and South 44° 04' 05" West, 54.94 feet to the Easterly terminus of said course first mentioned as having a bearing and distance of South 88° 55' 39" East, 57.00 feet; thence along said course North 88° 55' 39' West, 12.00 feet to said TRUE POINT OF BEGINNING. Excepting from said Portion 3 that portion thereof lying Westerly of the Northerly prolongation of the East line of Parcel 1 described in that certain lease recorded July 17, 1972 in Book 10226, page 966 of Official Records. PARCEL 3: Portion 1: That portion of the Northwest Quarter of the Northeast Quarter of Section 24, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as per map recorded in book 51, page 10 of Miscellaneous :Naps, in the office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of said Northeast Quarter, said corner being the point of intersection of the center r-- line of Ball Road with the centerline of Sunkist Street, as shown on a map filed in book 83, page 31 of Records of Surveys, in the office of the County Recorder of said county; thence South 1° 04' 21" West along the Westerly line of said Northwest Quarter being coincident with said centerline of Sunkist Street, a distance of 95.00 feet to the True Point of Beginning; thence South 88° 55' 39 East 57.00 feet; thence North 44° 04' 05" East 54.94 feet to a point in a line that is parallel with and distant Southerly 55.00 feet, measured at right angles from the Northerly line of said Section 24, said Northerly line being coin- cident with said centerline of Ball Road; thence South 89° 02' 32" East parallel with said centerline of Ball Road, 65.00 feet; thence South 79° 57' 09" East 32.77 feet to a point in a line that is parallel with and distant Easterly 191.83 feet, measured along said centerline of Ball Road, from said centerline of Sunkist Street; thence South 1° 04' 21" West parallel with said Sunkist Street 142.65 feet to a point in a line that is parallel with and distant Southerly 202.83 feet, measured along said centerline 3 Sunkist Street, from said centerline of Ball Road; thence North 89° 02' 32" West parallel with said centerline of Bali Road, a distance of 191.83 feet to a point in said centerline of Sunkist Street; thence North 1° 04' 21" East along said centerline of Sunkist Street 107.83 feet to the True Point of Beginning. Excepting therefrom that portion of said land included within Sunkist Street more particularly described as Parcels 111 and 111.1 in deed to the County of Orange recorded January 11, 1973 in book 10510, page 104 and in Quitclaim Deed recorded January 11, 1973 in book 10510, ?gage 99 of Official Records. Portion 2: An easement for ingress and egress over that portion of the Northwest Quarter of the Northeast Quarter of Section 24, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as per map recorded in book 51, page 10 of Miscellaneous Maps in the office of the County Recorder of said county, described as follows: Beginning at the Northwest corner of said Northwest Quarter, said corner being the point of intersection of the center- line of Ball Road with the centerline of Sunkist Street, as shown on a map filed in book 83, page 31 of Records of Surveys, in the office of the County Recorder of said county; thence South 1 04' 21 West along the Westerly line of said Northwest Quarter, being coincident with said centerline of Sunkist Street, a distance of 95.00 feet; thence South 88° 55' 39" East 57.00 feet; thence North 44° 04' 05" East 54.94 feet to a point in a line that is paral- lel with and distant Southerly 55.00 feet, measured at right angles, from the Northerly line of said Northwest Quarter, said Northerly line being coincident with said centerline of Ball Road; thence South 89° 02' 32" East parallel with said centerline of Ball Road, 65.00 feet; thence South 79° 47' 09" East 32.77 feet to a point in a line that is parallel with and distant Easterly 191.83 feet measured along said centerline of Ball Road, from said cen- terline of Sunkist Street, said point being the True Point of Beginning; thence continuing South 79° 57' 09" East 17.87 feet to a point in a line that is parallel with and distant Southerly 63.00 feet, from said centerline of Ball Road; thence South 89° 02' 32" East parallel with said centerline of Ball Road 7.13 feet; thence South 28° 45' 36" West 53.33 feet to a point in a line that is parallel with said centerline of Sunkist Street and passes through the True Point of Beginning, said point being distant South- erly 50.00 feet from said True Point of Beginning; thence North 1 04' 21" East parallel with said centerline of Sunkist Street 50.00 feet to the True Point of Beginning. Portion 3: An easement for ingress and egress over that portion of the Northwest Quarter of the Northeast Quarter of Section 24, Township 4 South, Range 10 West, in the Rancho San Juan de Santa Ana, as per reap recorded in book 51, page 10 of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: Beginning at the point of intersection of a line that is parallel with and distant Easterly 95.00 feet, measured along a line that is parallel with the Northerly line of said Northwest Quarter, said Northerly line being coinci- dent with the centerline of Ball Road, from the Westerly line of said Northwest Quarter, said Westerly line being coincident with the centerline of Sunkist Street, with a line that is parallel with and distant Southerly 202.83 feet, measured along a line parallel with said centerline of Sunkist Street, from the centerline of Ball Road; thence North 89° 02' 32" West parallel with said center- line of Ball Road a distance of 50.00 feet to a point in a line that is parallel with and distant Easterly 45.00 feet, measured at right angles, from said centerline of Sunkist Street; thence South 1° 04' 21" West parallel with said centerline of Sunkist Street 25.00 feet; thence North 64° 24' 56" East 55.95 feet to the Point of Beginning. Portion 4: That portion of the Northwest quarter of the Northeast quarter of Fractional Section 24, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on map recorded in book 51, page 7 of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Commencing at the Northwest corner of said Northeast quarter; thence along the Westerly line of said Northeast quarter South 1° 04' 21" West, 95.00 feet to the Westerly terminus of that certain course described as having a bearing and distance of South 88° 55' 39" East, 57.00 feet, in Parcel 1 of Final Order of Condemnation (A6298) filed_ in Superior Court Case No. 117385, a certified copy of said final order being recorded in book 7882, page 519 of Offi- cial Records, in said office; thence along said course South 88° 55' 39" East, 45.00 feet to the intersection thereof with a line parallel with and distant Easterly 45.00 feet, measured at right angles from said Westerly line, said intersection being the True Point of Beginning of this description; thence along said parallel line North 1° 04' 21" East, 17.14 feet to a tangent curve concave Southeast- erly and having a radius of 25.00 feet; thence Northeast- erly along said curve through an angle of 89° 53' 07 an arc distance of 39.22 feet to a line parallel with and dis- tant Southerly 53.00 feet, measured at right angles from the Northerly line of said Section; thence along last said parallel line, South 89° 02' 32" East, 199.52 feet; thence South 0° 57' 23" West, 10.00 feet to the Easterly terminus of that course described as having a bearing and distance of South 89° 02' 32" East, 60.00 feet, in the Southerly boundary of said Parcel 1; thence along last said course North 89° 02' 32" West, 60.00 feet to the Westerly terminus thereof; thence along said Southerly boundary North 79° 57' 09" West, 50.64 feet, North 89° 02' 32" West, 65.00 feet and South 44° 04' 05" West, 54.94 feet to the Easterly terminus of said course first mentioned as having a bearing and distance of South 88° 55' 39" East, 57.00 feet; thence along said course North 88° 55' 39" West, 12.00 feet to said True Point of Beginning. Excepting from said Portion 4 that portion thereof lying Easterly of the Northerly prolongation of the .East line 5 WHEREAS, thereafter, within the time prescribed by law an interested party or the City Council on its own motion caused the review of said Planning Commission action at a public hear- ing noticed and held as prescribed by law and as a result thereof, the City Council does hereby make the following findings: 1. There is no substantial property right possessed by other property in the same vicinity and zone and denied the subject property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said Variance be and the same is hereby denied. THE FOREGOING RESOLUTION is approved and signed by me this 9th day of April, 1974. ATTEST: of Parcel 1 described in that certain lease recorded July 17, 1972 in book 10226, page 966 of Official Records. PARCEL 4: Beginning at the Southwest corner of Lot 9 of the Fletcher Tract as shown on a map recorded in Book 3, page 320 of Miscellaneous Records of Los Angeles County, California; thence North along the West line of said Lot 9 and the extension thereof 903.7 feet; thence West parallel to the South line of Lot 10 of the said Fletcher Tract 461 feet to the Westerly boundary line of the Rancho Santiago de Santa Ana; thence South 41° 05' West along said Rancho Line 1204.8 feet to a point due West of the point of beginning: thence East along the Westerly extension of the South line of said Lot 10 and the Southerly line thereof 1252.2 feet to the point of beginning. Excepting therefrom Parcel 3D and that portion thereof lying Easterly of the Westerly line of Parcel 3A of the property described in that certain Final Order of Condem- nation, in action No. 145654 in the Superior Court of the State of California, for the County of Orange, entitled The People of the State of California, etc., vs. :Bertha B, Spurgeon, et al, which judgment was entered in Judgments Book Number 126, page 139 on March 17, 1967 and recorded March 23, 1967 in Book 8206, page 807 of Official Records. 2. It appears that the subject property can be adequately developed and used under the present zone. yz,a CITY CLERK OF THE CITE 4 OF ANAHEI, ll OR OF THE CIT OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 74R -151 was passed and adopted at a regular meeting of the City Council held on the 9th day of April 1974 by the following vote of members thereof: (SEAL) AYES: COUNCIL MEMBERS: STEPHENSON, SNEEGAS, PEBLEY, THOM and DUTTON NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 9th day of April 1974 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of April 1974 )21, r12 U? r 1, CITY CLERK OF THE CITY OF ANAHEIM I ALONA M. FARRENS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 74R -151 duly passed and adopted by the Anaheim City Council on April 9, 1974. City Clerk