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94-078 RESOLUTION NO. 94R-78 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. 93-94-07 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 reclass~fy the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 7 AND RUNNING THENCE SOUTH 89 DEG. 34' 20" WEST 531 FEET TO THE CENTER LINE OF KATHRYN DRIVE AS SHOWN ON TRACT 1633 AS PER MAP FILED IN BOOK 47, PAGE 50 OF MISCELLANEOUS MAPS OF SAID COUNTY; THENCE NORTH 0 DEG. 16' 10" WEST ALONG SAID CENTER LINE 325.50 FEET TO THE INTERSECTION OF THE CENTERLINE OF THE 50 FOOT STREET, SHOWN AS RANCHITO STREET UPON THE MAP OF SAID TRACT; THENCE NORTH 89 DEG. 36' 20" EAST ALONG THE CENTER LINE OF SAID RANCHITO STREET 258 FEET; THENCE NORTH 78 DEG. 45' 25" EAST 50.00 FEET TO THE MOST SOUTHERLY CORNER OF LOT 44 OF SAID TRACT 1633; THENCE NORTH 78 DEG. 45' 25" EAST 81.79 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 44 TO THE SOUTHWEST CORNER OF LOT 45 OF TRACT 1633; THENCE NORTH 89 DEG. 41' 30" EAST 144.00 FEET ALONG THE SOUTH LINE OF SAID LOT 45 AND THE EASTERLY EXTENSION THEREOF TO THE EAST LINE OF SAID SECTION 7; THENCE SOUTH 0 DEG. 16' 40" WEST ALONG SAID EAST LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EAST 190 FEET OF THE SOUTH 190 FEET, MEASURED ALONG THE SOUTH LINE THEREOF. ALSO EXCEPTING THEREFROM THE SOUTH 40 FEET THEREOF AS DEEDED TO THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 22, 1956 IN BOOK 3558 PAGE 160 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE WEST 150 FEET OF SAID LAND AS DESCRIBED IN THE DEED TO CITIZENS NATIONAL BANK IN THE DEED RECORDED JANUARY 25, 1962 IN BOOK 5987 PAGE 404 OF OFFICIAL RECORDS, into the "CL" COMMERCIAL, LIMITED ZONE of the City of Anaheim, unconditionally. 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. BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any said rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the city Council at its sole discretion. 6969,1\J~4HITE\May 11, 1994 2 THE FOREGOING RESOLUTION is approved and adopted by the city Council of the city of Anaheim this 10th day of May, 1994. MAYOR ~THE CI Y iF~~~IM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM - 3 - 6969.1\JWHITE\May 11, 1994 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. 94R-78 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 10th day of May, 1994, By the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler, Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-78 on the 11th day of May, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of May, 1994. 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. 94R-78 was duly passed and adopted by the City Council of the City of Anaheim on May 10, 1994. CITY CLERK OF THE CITY OF ANAHEIM