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1967-604RESOLUTION NO. 67R -604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO THE REMOVAL OF CERTAIN DEED RESTRICTIONS FROM THE PROPERTY HEREINAFTER DESCRIBED; AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A CONSENT TO SUCH REMOVAL. WHEREAS, the City Council did heretofore, to wit, on June 7, 1960, adopt Resolution No. 6065 in Reclassification Proceedings No. 59 -60 -94 finding and determining that the property and area therein described should be changed from R -A, RESIDENTIAL- AGRICULTURAL ZONE, and R -3, MULTIPLE FAMILY RESIDENTIAL ZONE, to C -1, NEIGHBORHOOD- COMMERCIAL ZONE, as more particularly set forth in said resolution, subject to certain conditions enumerated therein; and WHEREAS, Condition No. 10 of said resolution required the owners of the respective parcels of subject property to place of record City of Anaheim C -1 Deed Restrictions limiting the uses of the property to the numerous uses listed in said condition; and WHEREAS, said C -1 Deed Restrictions were duly recorded in Official Records of Orange County, California, on August 15, 1960 in Book 5375, Pages 426 to 432, both inclusive, Document No. 143319; and WHEREAS, thereafter, on November 19, 1962, consent of the City of Anaheim having been given thereto, an amendment to the aforementioned Deed Restrictions was recorded in Book 6328, Pages 826 to 835, both inclusive, Docment No. 14477, Official Records of Orange County, California, which restricted the uses of Parcel No. 1 of the property described in said restrictions to Professional and Medical Offices only, and provided that all buildings or structures erected on subject property be limited to one story in height, with the exception of Parcel No. 1 on which two -story construction should be permitted, and that no single store building should exceed 4,000 square feet in area; and WHEREAS, the owner of Parcel No. 1 of the property described in said reclassification proceedings and in said deed restrictions has requested that said restrictions be amended to permit the establishment of a restaurant on said parcel; and WHEREAS, the City Planning Commission after having held a public hearing on said request, due notice thereof having been given in the manner and as prescribed by law, did adopt Resolution No. PC67 -195 recommending to the City Council that said request should be granted; and WHEREAS, the City Council did set said request for public hearing on September 26, 1967, and did hold said hearing, due notice thereof having been given as required by law, and did thereupon deny said request for amendment of said deed restrictions; and WHEREAS, thereafter, upon request of the owner for reconsideration of the matter, the City Council did set said request for rehearing on October 31, 1967 and did give due notice thereof as required by law; and -1- WHEREAS, at the time and place fixed for said public rehearing, the City Council did hold and conduct said hearing and did give all persons interested therein an opportunity to be heard, and did consider the evidence presented at said hearing; and WHEREAS, the City Council does find that Reclassifica- tion No. 59 -60 -94 was approved and the uses of the property restricted by deed restrictions at a time prior to the C -1, General Commercial Zone revision and the adoption of site devel- opment standard requirements for the C -1 Zone by the City, and that by reason of this fact the consent of the City of Anaheim should be given to the removal of said deed restrictions from said Parcel No. 1 hereinafter described, subject to the condi- tions hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the consent of the City of Anaheim be, and the same is hereby given to the removal of those certain City of Anaheim C -1 Deed Restrictions recorded on August 15, 1960, in Book 5375, pages 426 through 432, Document No. 143319, Official Records of Orange County, California, and thereafter amended on November 19, 1962, by Document No. 14477, recorded in Book 6328, pages 826 through 835, Official Records of Orange County, California, from that certain real property situated in the City of Anaheim, County of Orange, State of California, described as: That portion of Lot 16 of Anaheim Extension, in the City of Anaheim, County of Orange, State of California, as shown on a map survey made by William Hamel and filed in the Office of the County Recorder of Los Angeles County, California, a copy of which is shown in Book 3 Page 163, et seq, entitled "Los Angeles County Maps records of said Orange County, described as follows: Beginning at a point on the center line of South Street, North 74° 36' 05" East 111.50 feet from the northwest corner of the land conveyed by deed recorded October 28, 1947, in Book 1590 Page 187 of Official Records, said corner being South 74° 36' 05" West 373.10 feet from the intersection of said center line with the cen- ter line of Placentia Avenue; thence South 15° 45' 25" East 188.75 feet, parallel with the west line of said land to the northwesterly line of the land described in the deed to William H. Grebel, et ux, recorded July 3, 1948 in Book 1663 pages 397 and 398 of Official Records; thence north 74° 36' 05" East to the northeast corner of said land; thence north 0° 05' 15" East 195.84 feet along said center line of Placentia Avenue to said cen- ter line of South Street; thence South 74° 36' 05" West 261.60 feet to the point of beginning. Except that portion of said land included within South Street, as shown on said map. subject to the following conditions: 1. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential homes, prior to final building and zoning inspections. -2- 2. That the owner of the property shall pay to the City of Anaheim the sum of 15 per front foot along State College Boulevard and South Street, for tree planting purposes, prior to the issuance of a building permit or within a period of 180 days from date hereof, whichever occurs first, or such further time as the City Council may grant. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to sign said consent to re- moval of said restrictions for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 31st day of October, 1967. ATTEST: 1 CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of hereby certify that the foregoing Resolution and adopted at a regular meeting provided by of the City of Anaheim, held on the 31st day following vote of the members thereof: MAYOR OF THE CITY OF AN the City of No. 67R -604 law, of the of October, Anaheim, do was introduced City Council 1967, by the 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 No. 67R -604 on the 31st day of October, 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official, seal of the City of Anaheim, this 31st day of October, 1967. -3- CI CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 67R -604 duly passed and adopted by the Anaheim City Council on October 31, 1967.