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92-057 RESOLUTION NO.92R-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING CITY COUNCIL RESOLUTION NO. 68R-220 AS TO CERTAIN PARCELS DESCRIBED THEREIN WHEREAS, the City Planning Commission of the city of Anaheim did hold a public hearing in Reclassification Proceedings No. 67-68-68 to consider an amendment to the Zoning Map of the City to change the zoning boundaries of the zones of the city in the manner hereinafter set forth; and WHEREAS, following said public hearing, the City Planning Commission recommended to the City Council of the City of Anaheim that those certain parcels of property described in said resolution should be reclassified from the R-1 "One-Family Residential Zone" (now known and hereinafter referred to as the RS-7200 "Residential, Single-Family" Zone) of the city to the R-3 "Multiple-Family Residential Zone (now known and hereinafter referred to as the RM-1200 "Residential, Multiple-Family" Zone) of the city, subject to certain conditions of approval; and WHEREAS, thereafter, within the time and manner provided by law, such matter was referred to and considered by the City Council at a duly noticed public hearing held pursuant to the requirements of law; 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 consider the same; and WHEREAS, on April 30, 1968, the City Council did adopt its Resolution No. 68R-220 indicating its intention to reclassify certain properties described therein from the R-1 (now RS-7200) Zone to the R-3 (now RM-1200) Zone, subject to the fulfillment of certain conditions precedent thereto as described in said Resolution No. 68R-220; and WHEREAS, since April 30, 1968, some, but not all, of the parcels described in Resolution No. 68R-220 have complied with each and all of the conditions precedent to reclassification and, thereafter, have been reclassified into the RM-1200 Zone by duly adopted ordinances of the City Council of the city of Anaheim; and WHEREAS, on January 26, 1988, the City Council adopted General Plan Amendment No. 236 amending the Land Use Element of the General Plan of the City of Anaheim in a manner which reduced the maximum allowable density for development in certain areas of #67-68-68 the City, a portion of which includes the parcels described in Resolution No. 68R-220; and W~EREAS, as a result of the aforesaid General Plan amendment, reclassification of such parcels into the RM-1200 Zone would no longer be compatible with the Land Use Element of the General Plan; however, allowing such parcels which have not as yet been reclassified into the RM-1200 Zone to remain in the RS- 7200 Zone would be compatible with the current Land Use Element of the General Plan; and WHEREAS, the city Council hereby finds that the hereinafter described parcels of property (the "Parcels") which are currently subject to the provisions of Resolution No. 68R-220 should not be reclassified into the RM-1200 Zone of the city of Anaheim for the following reasons: 1. That said Parcels have failed to comply with all conditions of approval for reclassification into the RM-1200 (formerly R-3) Zone as heretofore set forth in Resolution No. 68R-220; and 2. That Resolution No. 68R-220 is null and void as to said Parcels pursuant to the provisions of Section 18.03.090 due to the failure of said Parcels to timely comply with the required conditions of approval set forth in Resolution No. 68R-220; and 3. That the public necessity and convenience and general welfare do not require that such Parcels be reclassified into the RM-1200 Zone for the reasons hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Anaheim that Resolution No. 68R-220 is hereby terminated and of no further force and effect as to the following desoribed parcels of real property (the "Parcels"): ALL THAT CERTAIN LAND SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 82, TRACT NO. 1356, AS SHOWN ON A MAP RECORDED IN BOOK 46, PAGES 25 ET SEQ. OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT, AHD ITS NORTHERLY PROLONGATION, TO THE NORTHWESTERLY CORNER OF LOT 78 OF SAID TRACT; THENCE WESTERLY 303.79 FEET ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 78 TO THE CENTERLINE OF EAST STREET; THENCE SOUTHERLY 475.75 FEET ALONG SAID CENTERLINE TO THE CENTERLINE OF WILHELMINA STREET; THENCE EASTERLY 303.79 FEET ALONG SAID CENTERLINE; THENCE NORTHERLY 15° 22' 30" WEST 30 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE PRESENT RIGHT OF WAY OF SAID EAST STREET. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE PRESENT RIGHT OF WAY OF SAID WILHELMINA STREET. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 1 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL DATED DECEMBER 11, 1868, SIGNED BY A. ROBINSON, TRUSTEE, AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID LOT 1, DISTANT THEREON SOUTH 15° 22' 30" EAST 150 FEET FROM THE SOUTHWEST CORNER OF THE LAND CONVEYED TO HALBERT A. GRAHAM AND WIFE, BY DEED RECORDED DECEMBER 30, 1947, IN BOOK 1611, PAGE 155, OFFICIAL RECORDS, AND RUNNING THENCE SOUTH 15" 22' 30" EAST ALONG THE WESTERLY LINE OF SAID LOT 1, 75 FEET; THENCE NORTH 73" 55' 20" EAST 270.81 FEET; THENCE NORTH 15~ 22' 30" WEST, PARALLEL WITH THE WESTERLY LINE OF SAID LOT 1, 75 FEET; THENCE SOUTH 73Q 55' 20" WEST 270.81 FEET TO THE POINT OF BEGINNING. BE IT FURTHER RESOLVED that said Parcels shall not be reclassified into the RM-1200 Zone of the City. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim thi~ 17th day of March , 1992. CITY CLERK OF THE CITY OF ANAHEIM JLW:dnl R68R-220.120 032392 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-57 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of March, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 92R-57 on the 18th day of March, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the city of Anaheim this 18th day of March, 1992. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 92R-57 duly passed and adopted by the City Council of the City of Anaheim on March 17, 1992. CITY CLERK OF THE CITY OF ANAHEIM