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91-086 RESOLUTION NO. 91R-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 90-91-20 to consider an amendment to the Zoning Map referred to in Title 18 of the Anaheim Municipal Code, 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 (40) 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 approved the proposed amendment; and 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; 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 consider the same; and WHEREAS, the City Council does find and determine that the Zoning Map referred to in Title 18 of the Anaheim Municipal Code should be amended 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 and zones as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City Council does hereby declare and indicate its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: PARCEL B: THAT PORTION OF THE EAST 5.00 ACRES OF THE WEST 10.00 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, THAT LIES NORTHWESTERLY OF THE NORTHWESTERLY Reclass 90-91-20 LINE OF THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 88598, A CERTIFIED COPY OF WHICH WAS RECORDED JUNE 11, 1962 IN BOOK 6140, PAGE 399 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY PARCEL C: AN EASEMENT SUFFICIENT IN WIDTH FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE, UTILITY FACILITIES AND APPURTENANT STRUCTURES, IN, OVER AND ACROSS THAT PORTION OF THE EAST 5 ACRES OF THE WEST 10 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, THAT IS INCLUDED WITHIN A STRIP OF LAND, 75.00 FEET IN WIDTH, LYING 45.00 FEET NORTHWESTERLY AND 30.00 FEET SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE CENTERLINE INTERSECTION OF ORANGE AVENUE AND WESTERN AVENUE; THENCE SOUTH 0° 33' 45" EAST ALONG SAID WESTERN AVENUE CENTERLINE, 199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED; THENCE, FROM SAID TRUE POINT OF BEGINNING, NORTHEASTERLY ALONG A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF 1° 00' 05" AN ARC DISTANCE OF 27.96 FEET TO A LINE TANGENT; THENCE NORTH 67° 32' 10" EAST 2073.61 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1800.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 9° 58~ 50" AN ARC DISTANCE OF 313.55 FEET TO A LINE TANGENT; THENCE NORTH 57° 33' 20" EAST 497.62 FEET TO A POINT ON THE CENTERLINE OF STANTON AVENUE, BEING ALSO THE EAST LINE OF SAID SECTION 14, SAID POINT BEING DISTANT THEREON NORTH 0° 26' 40" WEST 983.26 FEET FROM THE CENTERLINE OF ORANGE AVENUE, into the "CO" COMMERCIAL, OFFICE AND PROFESSIONAL ZONE as to Parcel B, and into the "CO(FP)" COMMERCIAL, OFFICE AND PROFESSIONAL-- FLOODPLAIN OVERLAY ZONE as to Parcel C, of the City of Anaheim, subject to the following conditions: 1. That the appropriate fees due for primary water mains for Parcel "B" (located north of the Carbon Creek Flood Control Channel) shall be paid to the Water Engineering Division in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. Reclass 90-91-20 2. That the legal owner of subject property shall dedicate to the City of Anaheim an easement five (5) feet in width along the north property line of Parcel "B" (located north of the Carbon Creek Flood Control Channel) for public utility purposes. 3. That prior to introduction of an ordinance rezoning subject property, Condition Nos. 1 and 2, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of March, 1991. m OR OF THE CIT /F ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:kh ORDRES\R90-91-20.179 Reclass 90-91-20 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 91R-86 was introduced and adopted at a regular meeting provided by law, of the Anaheim city Council held on the 19th day of March, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle 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. 91R-86 on the 20th day of March, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of March, 1991. 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. 91R-86, duly passed and adopted by the City Council of the City of Anaheim on March 19, 1991. CITY CLERK OF THE CITY OF ANAHEIM