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1967-241RESOLUTION NO. 67R-241 A 1:LsoLuTioa OF ThE CITY COUNCIL OF THE CITY OF ANAHLIL CONSENTING TO THE AiLEND- :.iEUT OF CITY OF ANAKEIA- C•1 DEED RESTRIC- TIONS RECORDED ON NOVE1BEK 15, 1961, IN BOOK 5914, PAGES 109, 110 AND 111, OFFICIAL RECORDS OF ORANGE coulITY, IN RECLASSIFICATION PROCEEDINGS NO. 60-61-11; aNiJ AUTEORI'LINC ThL ICAYOR AND CITY CLERK TO SIGN A CONSENT TO SUCH A_ WHEREAS, the City Council did on November 28, 1961 adopt Ordinance No. 1649 in 'Acclassification Proceedings No. 60-61-11, reclassifying the property and area therein described from R-A, RESIDENTIAL-AGRICULTURAL ZONE to C-1, NEIGHBORHOOD- COMiURCIAL ZONE, subject to certain conditions therein set forth; and WHEREAS, one of the conditions or requirements for the reclassification of said property was that the owner thereof place of record City of Anaheim C-1 Deed Restrictions limiting the uses of said property to medical, dental and professional offices, and pharmacies, and limiting all buildings constructed on the property to one story in height; and WHEREAS, said C-1 Deed Restrictions were duly recorded in the Office of the Orange County Recorder on November 15, 1961, in Book 5914, Pages 109, 110 and 111, Document No. 10403; and WHEREAS, the City Planning Commission did, on or about January 20, 1967, receive a petition from the owner of subject property requesting that said C-1 Deed Restrictions be removed from said property; and WHEREAS, the City Planning Commission did hold a public hearing on said petition on February 15, 1967, under the designa- tion of Reclassification No. 66-67-50, after having given due notice thereof in the manner and as prescribed by law, and did within a period of 40 days following said hearing adopt Resolu- tion No. PC67-38 recommending to the City Council that said petition be denied; and WHEREAS, upon receipt of the report and recommendation of the City Planning Commission the City Council did thereupon fix the 28th day of March, 1967 as the time and the Council Chambers in the City Hall of the City of Anaheim as the place for a public hearing on said petition for removal of said deed restrictions, and did give due notice thereof, under the designa- tion of Reclassification No. 66-67-50, in the manner and as pro- vided in Title 18 of the Anaheim Ainicipal Code; and WHEREAS, at the time and place fixed for said public hearing the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did continue said hearing to April 25, 1967, and 60-61-11 WHEREAS, the City Council does find that said C-1 Deed Restrictions should be amended as hereinafter set forth, and that the consent of the City of Anaheim to such amendment should be given. NOW, THEREFORE, DE IT RESOLVED by the City Council of the City of Anaheim that consent of the City of Anaheim be, and it is hereby given to the amendment of the C-1 Declaration of Restrictions recorded in the Office of the Orange County Recorder on November 15, 1961, in Book 5914, Pages 109, 110 and 111, Document No. 10403, as follows: (1) That Conditions Nos. 1 to 5, both inclusive, of said Declaration of Restrictions shall be deleted; and (2) That the following condition or restriction shall be added to said Declaration of Restrictions: That there shall be no sale of alcoholic beverages conducted on subject property." Provided, however, that such consent shall be given subject to the following conditions: 1. (a) That all engineering requirements of the City of Anaheim along Magnolia and Orange Avenues, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; and (b) that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the instal- lation of said engineering requirements. 2. That the owner of subject property shall pay to the City of Anaheim the sum of 15 per front foot, along Magnolia and Orange Avenues, for tree planting purposes. 3. That all air conditioning facilities shall be properly shielded from view, prior to final building inspection. 4. That Conditions Nos. 1(b) and 2 above-mentioned shall be complied with prior to the signing of a consent by the City of Anaheim to the amendment of said C-1 Deed Restrictions. BE IT FURTHER RZSOLVEL that the iayor and City Clerk be, and they are hereby authorized to sign a consent to the amendment of said deed restrictions in the manner above outlined, for and on behalf of the City of :inaheir", at such Ulm as Conditions Nos. 1(b) anc:i 2 above-mentioneci have been complied with. me this ATTEST: (SEAL) THE FOREGOING RESOLUTION is approved and signed by 25th day of April 1967. C IT CLE OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM MAYOR OF THE CITY OF AN DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 25th day of April 19 67 by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Chandler and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 25th day of April 1967 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of April 19 67 4 CIT CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolu- tion No. 67R -241 duly passed and adopted by the Anaheim City Council on April 25, 1967.